§ 425 TITLE 3—THE PRESIDENT Page 54

section (a) or (b), if the issuance of such regulations—

(i) would be equally effective for the implementation of the rights and protections

under this section; and

(ii) would promote uniformity in the application of Federal law to agencies of the

executive branch of the Federal Government.

(e) EFFECTIVE DATE.—Subsections (a), (b), and

(c) shall take effect on the earlier of—

(1) the effective date of regulations issued

under subsection (d); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4061.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in subsecs. (a) to (c), is Pub. L. 101–336, July 26, 1990,

104 Stat. 327, as amended, which is classified principally

to chapter 126 (§12101 et seq.) of Title 42, The Public

Health and Welfare. Sections 201 to 204, 302, 303, 308, and

309 of the Act are classified to sections 12131 to 12134,

12182, 12183, 12188, and 12189, respectively, of Title 42.

For complete classification of this Act to the Code, see

Short Title note set out under section 12101 of Title 42

and Tables.

Sections 1, 2, 3, and 6 of the Act of August 12, 1968,

commonly known as the Architectural Barriers Act of

1968, referred to in subsec. (d)(2)(B), are classified to

sections 4151 to 4153 and 4156, respectively, of Title 42.

Section 501 of the Rehabilitation Act of 1973, referred

to in subsec. (d)(2)(B), is classified to section 791 of

Title 29, Labor.

EFFECTIVE DATE

Subsec. (d) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 471 of this

title; title 28 section 3905.

PART C—OCCUPATIONAL SAFETY AND HEALTH

ACT OF 1970

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 1296.

§ 425. Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations

(a) OCCUPATIONAL SAFETY AND HEALTH PROTECTIONS.—

(1) IN GENERAL.—Each employing office and

each covered employee shall comply with the

provisions of section 5 of the Occupational

Safety and Health Act of 1970.

(2) DEFINITIONS.—For purposes of the application under this section of the Occupational

Safety and Health Act of 1970—

(A) the term ‘‘employer’’ as used in such

Act means an employing office; and

(B) the term ‘‘employee’’ as used in such

Act means a covered employee.

(b) REMEDY.—The remedy for a violation of

subsection (a) shall be an order to correct the

violation, including such order as would be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970.

(c) PROCEDURES.—

(1) REQUESTS FOR INSPECTIONS.—Upon written request of any employing office or covered

employee, the Secretary of Labor shall have

the authority to inspect and investigate places

of employment under the jurisdiction of employing offices in accordance with subsections

(a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970.

(2) CITATIONS, NOTICES, AND NOTIFICATIONS.—

The Secretary of Labor shall have the authority, in accordance with sections 9 and 10 of the

Occupational Safety and Health Act of 1970, to

issue—

(A) a citation or notice to any employing

office responsible for correcting a violation

of subsection (a); or

(B) a notification to any employing office

that the Secretary of Labor believes has

failed to correct a violation for which a citation has been issued within the period permitted for its correction.

(3) HEARINGS AND REVIEW.—If after issuing a

citation or notification, the Secretary of

Labor determines that a violation has not

been corrected—

(A) the citation and notification shall be

deemed a final order (within the meaning of

section 10(b) of the Occupational Safety and

Health Act of 1970) if the employer fails to

notify the Secretary of Labor within 15 days

(excluding Saturdays, Sundays, and Federal

holidays) after receipt of the notice that the

employer intends to contest the citation or

notification; or

(B) opportunity for a hearing before the

Occupational Safety and Health Review

Commission shall be afforded in accordance

with section 10(c) of the Occupational Safety

and Health Act of 1970, if the employer gives

timely notice to the Secretary that he intends to contest the citation or notification.

(4) VARIANCE PROCEDURES.—An employing office may request from the Secretary of Labor

an order granting a variance from a standard

made applicable by this section, in accordance

with sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970.

(5) JUDICIAL REVIEW.—Any person or employing office aggrieved by a final decision of the

Occupational Safety and Health Review Commission under paragraph (3) or the Secretary

of Labor under paragraph (4) may file a petition for review with the United States Court

of Appeals for the Federal Circuit under section 1296 of title 28.

(6) COMPLIANCE DATE.—If new appropriated

funds are necessary to correct a violation of

subsection (a) for which a citation is issued, or

to comply with an order requiring correction

of such a violation, correction or compliance

shall take place as soon as possible, but not

later than the end of the fiscal year following

the fiscal year in which the citation is issued

or the order requiring correction becomes

final and not subject to further review.

(d) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The President, or the designee of the President, shall issue regulations

to implement this section.

(2) AGENCY REGULATIONS.—The regulations

issued under paragraph (1) shall be the same as
Page 55 TITLE 3—THE PRESIDENT § 431

substantive regulations promulgated by the

Secretary of Labor to implement the statutory provisions referred to in subsections (a)

and (b)—

(A) except to the extent that the President

or designee may determine, for good cause

shown and stated together with the regulation, that a modification of such regulations

would be more effective for the implementation of the rights and protections under this

section; and

(B) except that the President or designee

may, at the discretion of the President or

designee, issue regulations to implement a

provision of section 19 of the Occupational

Safety and Health Act of 1970 that applies to

agencies or employees of the executive

branch of the Federal Government in lieu of

an analogous statutory provision referred to

in subsection (a) or (b), if the issuance of

such regulations—

(i) would be equally effective for the implementation of the rights and protections

under this section; and

(ii) would promote uniformity in the application of Federal law to employees in

the executive branch of the Federal Government.

(3) EMPLOYING OFFICE RESPONSIBLE FOR CORRECTION.—The regulations issued under paragraph (1) shall include a method of identifying,

for purposes of this section and for different

categories of violations of subsection (a), the

employing office responsible for correction of

a particular violation.

(e) EFFECTIVE DATE.—Subsections (a) through

(c) shall take effect on the earlier of—

(1) the effective date of regulations issued

under subsection (d); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4062.)

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in subsecs. (a) to (c)(4) and (d)(2)(B), is Pub. L.

91–596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is

classified principally to chapter 15 (§651 et seq.) of Title

29, Labor. Sections 5, 6, 8 to 10, 13, and 19 of the Act are

classified to sections 654, 655, 657 to 659, 662, and 668, respectively, of Title 29. For complete classification of

this Act to the Code, see Short Title note set out under

section 651 of Title 29 and Tables.

EFFECTIVE DATE

Subsec. (d) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

PART D—LABOR-MANAGEMENT RELATIONS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 1296.

§ 431. Application of chapter 71 of title 5, relating

to Federal service labor-management relations; procedures for remedy of violations

(a) LABOR-MANAGEMENT RIGHTS.—Subject to

subsection (d), chapter 71 of title 5 shall apply to

employing offices and to covered employees and

representatives of those employees, except that

covered employees shall not have a right to reinstatement pursuant to section 7118(a)(7)(C) or

7123 of title 5.

(b) DEFINITION.—For purposes of the application under this section of chapter 71 of title 5,

the term ‘‘agency’’ as used in such chapter

means an employing office.

(c) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The Federal Labor Relations Authority shall issue regulations to implement this section.

(2) AGENCY REGULATIONS.—Except as provided in subsection (d), the regulations issued

under paragraph (1) shall be the same as substantive regulations promulgated by the Authority to implement the statutory provisions

referred to in subsection (a), except—

(A) to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights

and protections under this section; or

(B) as the Authority may determine that a

modification of such regulations is necessary to avoid a conflict of interest or appearance of a conflict of interest.

(d) SPECIFIC REGULATIONS REGARDING APPLICATIONS TO CERTAIN EMPLOYING OFFICES.—

(1) REGULATIONS REQUIRED.—The Authority

shall issue regulations on the manner and the

extent to which the requirements and exemptions of chapter 71 of title 5 should apply to

covered employees who are employed in the offices listed in paragraph (2). The regulations

shall, to the greatest extent practicable, be

consistent with the provisions and purposes of

chapter 71 of title 5 and of this chapter, and

shall be the same as the substantive regulations issued by the Authority under such chapter, except—

(A) to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights

and protections under this section; and

(B) that the Authority shall exclude from

coverage under this section any covered employees who are employed in offices listed in

paragraph (2) if the Authority determines

that such exclusion is required because of—

(i) a conflict of interest or appearance of

a conflict of interest; or

(ii) the President’s or Vice President’s

constitutional responsibilities.

(2) OFFICES REFERRED TO.—The offices referred to in paragraph (1) include—

(A) the White House Office;

(B) the Executive Residence at the White

House;

(C) the Office of the Vice President;

(D) the Office of Policy Development;

(E) the Council of Economic Advisers;

(F) the National Security Council;

(G) the Office of Management and Budget;

and

(H) the Office of National Drug Control

Policy.