Calendar No. 636

104TH CONGRESS

2D SESSION H. R. 3452

AN ACT

Office of the President, and for other purposes.

To make certain laws applicable to the Executive

SEPTEMBER 28, 1996

Read the second time and placed on the calendar
II

Calendar No. 636

104TH CONGRESS

2D SESSION H. R. 3452

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25, 1996

Received

SEPTEMBER 27, 1996

Read the first time

SEPTEMBER 28, 1996

Read the second time and placed on the calendar

AN ACT

To make certain laws applicable to the Executive Office

of the President, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Presidential and Executive Office Accountability Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Extension of certain rights and protections to presidential offices.

Sec. 3. Amendments to title 28, United States Code.

Sec. 4. Financial officers within the Executive Office of the President.

Sec. 5. Amendment to definition of ‘‘special government employee’’.

Sec. 6. Applicability of future employment laws.

Sec. 7. Repeal of section 320 of the Government Employee Rights Act of 1991.

Sec. 8. Political affiliation.

Sec. 9. Estabishment of Inspector General for Executive Office of the President.

3 SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTEC4 TIONS TO PRESIDENTIAL OFFICES.

5 (a) IN GENERAL.—Title 3, United States Code, is

6 amended by adding at the end the following:

7 ‘‘CHAPTER 5—EXTENSION OF CERTAIN

8 RIGHTS AND PROTECTIONS TO PRESI9 DENTIAL OFFICES

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec.

‘‘401. Definitions.

‘‘402. Application of laws.

‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND PROTECTIONS

‘‘PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE,

FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER

ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF

VETERANS, AND INTIMIDATION

‘‘411. Rights and protections under title VII of the Civil Rights Act of 1964,

the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and title I of the Americans with Disabilities Act of 1990.

‘‘412. Rights and protections under the Family and Medical Leave Act of 1993.

‘‘413. Rights and protections under the Fair Labor Standards Act of 1938.

‘‘414. Rights and protections under the Employee Polygraph Protection Act of

1988.

‘‘415. Rights and protections under the Worker Adjustment and Retraining Notification Act.
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‘‘416. Rights and protections relating to veterans’ employment and reemployment.

‘‘417. Prohibition of intimidation or reprisal.

‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH

DISABILITIES ACT OF 1990

‘‘420. Rights and protections under the Americans with Disabilities Act of

1990.

‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

‘‘425. Rights and protections under the Occupational Safety and Health Act of

1970; procedures for remedy of violations.

‘‘PART D—LABOR-MANAGEMENT RELATIONS

‘‘430. Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations.

‘‘PART E—GENERAL

‘‘435. Generally applicable remedies and limitations.

‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTERESOLUTION PROCEDURES

‘‘451. Procedure for consideration of alleged violations.

‘‘452. Counseling and mediation.

‘‘453. Election of proceeding.

‘‘454. Appropriate agencies.

‘‘455. Effect of failure to issue regulations.

‘‘456. Confidentiality.

‘‘457. Definitions.

‘‘SUBCHAPTER IV—WHITE HOUSE COMPLIANCE BOARD

‘‘471. Establishment of White House Compliance Board.

‘‘472. Personnel.

‘‘473. Facilities.

‘‘SUBCHAPTER V—EFFECTIVE DATE

‘‘481. Effective date.

1 ‘‘Subchapter I—General Provisions

2 ‘‘SEC. 401. DEFINITIONS.

3 ‘‘Except as otherwise specifically provided in this

4 chapter, as used in this chapter:
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1 ‘‘(1) BOARD.—The term ‘Board’ means the

2 Merit Systems Protection Board under chapter 12 of

3 title 5.

4 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered

5 employee’ means any employee of an employing of6 fice.

7 ‘‘(3) EMPLOYEE.—The term ‘employee’ includes

8 an applicant for employment and a former employee.

9 ‘‘(4) EMPLOYING OFFICE.—The term ‘employ10 ing office’ means—

11 ‘‘(A) each office, agency, or other compo12 nent of the Executive Office of the President;

13 ‘‘(B) the Executive Residence at the White

14 House; and

15 ‘‘(C) the official residence (temporary or

16 otherwise) of the Vice President.

17 ‘‘SEC. 402. APPLICATION OF LAWS.

18 ‘‘The following laws shall apply, as prescribed by this

19 chapter, to all employing offices (including employing of20 fices within the meaning of section 411, to the extent pre21 scribed therein):

22 ‘‘(1) The Fair Labor Standards Act of 1938.

23 ‘‘(2) Title VII of the Civil Rights Act of 1964.

24 ‘‘(3) The Americans with Disabilities Act of

25 1990.
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1 ‘‘(4) The Age Discrimination in Employment

2 Act of 1967.

3 ‘‘(5) The Family and Medical Leave Act of

4 1993.

5 ‘‘(6) The Occupational Safety and Health Act

6 of 1970.

7 ‘‘(7) Chapter 71 (relating to Federal service

8 labor-management relations) of title 5.

9 ‘‘(8) The Employee Polygraph Protection Act of

10 1988.

11 ‘‘(9) The Worker Adjustment and Retraining

12 Notification Act.

13 ‘‘(10) The Rehabilitation Act of 1973.

14 ‘‘(11) Chapter 43 (relating to veterans’ employ15 ment and reemployment) of title 38.
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1 ‘‘Subchapter II—Extension of Rights and

2 Protections

3 ‘‘PART A—EMPLOYMENT DISCRIMINATION, FAM4 ILY AND MEDICAL LEAVE, FAIR LABOR

5 STANDARDS, EMPLOYEE POLYGRAPH PRO6 TECTION, WORKER ADJUSTMENT AND RE7 TRAINING, EMPLOYMENT AND REEMPLOY8 MENT OF VETERANS, AND INTIMIDATION

9 ‘‘SEC. 411. RIGHTS AND PROTECTIONS UNDER TITLE VII OF

10 THE CIVIL RIGHTS ACT OF 1964, THE AGE DIS11 CRIMINATION IN EMPLOYMENT ACT OF 1967,

12 THE REHABILITATION ACT OF 1973, AND

13 TITLE I OF THE AMERICANS WITH DISABIL14 ITIES ACT OF 1990.

15 ‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All

16 personnel actions affecting covered employees shall be

17 made free from any discrimination based on—

18 ‘‘(1) race, color, religion, sex, or national origin,

19 within the meaning of section 703 of the Civil

20 Rights Act of 1964;

21 ‘‘(2) age, within the meaning of section 15 of

22 the Age Discrimination in Employment Act of 1967;

23 or

24 ‘‘(3) disability, within the meaning of section

25 501 of the Rehabilitation Act of 1973 and sections
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1 102 through 104 of the Americans with Disabilities

2 Act of 1990.

3 ‘‘(b) REMEDY.—

4 ‘‘(1) CIVIL RIGHTS.—The remedy for a viola5 tion of subsection (a)(1) shall be—

6 ‘‘(A) such damages as would be appro7 priate if awarded under section 706(g) of the

8 Civil Rights Act of 1964; and

9 ‘‘(B) such compensatory damages as would

10 be appropriate if awarded under section 1977

11 of the Revised Statutes, or as would be appro12 priate if awarded under sections 1977A(a)(1),

13 1977A(b)(2), and, irrespective of the size of the

14 employing office, 1977A(b)(3)(D) of the Re15 vised Statutes.

16 ‘‘(2) AGE DISCRIMINATION.—The remedy for a

17 violation of subsection (a)(2) shall be—

18 ‘‘(A) such damages as would be appro19 priate if awarded under section 15(c) of the

20 Age Discrimination in Employment Act of

21 1967; and

22 ‘‘(B) such liquidated damages as would be

23 appropriate if awarded under section 7(b) of

24 such Act.
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1 In addition, the waiver provisions of section 7(f) of

2 such Act shall apply to covered employees.

3 ‘‘(3) DISABILITIES DISCRIMINATION.—The rem4 edy for a violation of subsection (a)(3) shall be—

5 ‘‘(A) such damages as would be appro6 priate if awarded under section 505(a)(1) of the

7 Rehabilitation Act of 1973 or section 107(a) of

8 the Americans with Disabilities Act of 1990;

9 and

10 ‘‘(B) such compensatory damages as would

11 be appropriate if awarded under sections

12 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and,

13 irrespective of the size of the employing office,

14 1977A(b)(3)(D) of the Revised Statutes.

15 ‘‘(c) DEFINITIONS.—Except as otherwise specifically

16 provided in this section, as used in this section:

17 ‘‘(1) COVERED EMPLOYEE.—The term ‘covered

18 employee’ means any employee of a unit of the exec19 utive branch, including the Executive Office of the

20 President, whether appointed by the President or by

21 any other appointing authority in the executive

22 branch, who is not otherwise entitled to bring an ac23 tion under any of the statutes referred to in sub24 section (a), but does not include any individual—
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1 ‘‘(A) whose appointment is made by and

2 with the advice and consent of the Senate;

3 ‘‘(B) who is appointed to an advisory com4 mittee, as defined in section 3(2) of the Federal

5 Advisory Committee Act; or

6 ‘‘(C) who is a member of the uniformed

7 services.

8 ‘‘(2) EMPLOYING OFFICE.—The term ‘employ9 ing office’, with respect to a covered employee,

10 means the office, agency, or other entity in which

11 the covered employee is employed (or sought employ12 ment or was employed in the case of an applicant or

13 former employee, respectively).

14 ‘‘(d) APPLICABILITY.—Subsections (a) through (c),

15 and section 417 (to the extent that it relates to any matter

16 under this section), shall apply with respect to violations

17 occurring on or after the effective date of this chapter.

18 ‘‘SEC. 412. RIGHTS AND PROTECTIONS UNDER THE FAMILY

19 AND MEDICAL LEAVE ACT OF 1993.

20 ‘‘(a) FAMILY AND MEDICAL LEAVE RIGHTS AND

21 PROTECTIONS PROVIDED.—

22 ‘‘(1) IN GENERAL.—The rights and protections

23 established by sections 101 through 105 of the Fam24 ily and Medical Leave Act of 1993 shall apply to

25 covered employees.
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1 ‘‘(2) DEFINITIONS.—For purposes of the appli2 cation described in paragraph (1)—

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

4 Family and Medical Leave Act of 1993 means

5 any employing office; and

6 ‘‘(B) the term ‘eligible employee’ as used

7 in the Family and Medical Leave Act of 1993

8 means a covered employee who has been em9 ployed in any employing office for 12 months

10 and for at least 1,250 hours of employment

11 during the previous 12 months.

12 ‘‘(b) REMEDY.—The remedy for a violation of sub13 section (a) shall be such damages, including liquidated

14 damages, as would be appropriate if awarded under para15 graph (1) of section 107(a) of the Family and Medical

16 Leave Act of 1993.

17 ‘‘SEC. 413. RIGHTS AND PROTECTIONS UNDER THE FAIR

18 LABOR STANDARDS ACT OF 1938.

19 ‘‘(a) FAIR LABOR STANDARDS.—

20 ‘‘(1) IN GENERAL.—The rights and protections

21 established by subsections (a)(1) and (d) of section

22 6, section 7, and section 12(c) of the Fair Labor

23 Standards Act of 1938 shall apply to covered em24 ployees.
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1 ‘‘(2) INTERNS AND VOLUNTEERS.—For the

2 purposes of this section, the term ‘covered employee’

3 does not include an intern or a volunteer as defined

4 in regulations under subsection (c).

5 ‘‘(3) COMPENSATORY TIME.—Except as pro6 vided in regulations under subsection (c)(3), covered

7 employees may not receive compensatory time in lieu

8 of overtime compensation.

9 ‘‘(b) REMEDY.—The remedy for a violation of sub10 section (a) shall be such damages, including liquidated

11 damages, as would be appropriate if awarded under sec12 tion 16(b) of the Fair Labor Standards Act of 1938.

13 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

14 ‘‘(1) IN GENERAL.—The President shall issue

15 regulations to implement this section.

16 ‘‘(2) AGENCY REGULATIONS.—Except as pro17 vided in paragraph (3), the regulations issued under

18 paragraph (1) shall be the same as substantive regu19 lations promulgated by the Secretary of Labor to

20 implement the statutory provisions referred to in

21 subsection (a) except insofar as the President may

22 determine, for good cause shown and stated together

23 with the regulation, that a modification of such reg24 ulations would be more effective for the implementa25 tion of the rights and protections under this section.
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1 ‘‘(3) IRREGULAR WORK SCHEDULES.—The

2 President shall issue regulations for covered employ3 ees whose work schedules directly depend on the

4 schedule of the President or the Vice President that

5 shall be comparable to the provisions in the Fair

6 Labor Standards Act of 1938 that apply to employ7 ees who have irregular work schedules.

8 ‘‘SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EM9 PLOYEE POLYGRAPH PROTECTION ACT OF

10 1988.

11 ‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em12 ploying office may require a covered employee to take a

13 lie detector test where such a test would be prohibited if

14 required by an employer under paragraph (1), (2), or (3)

15 of section 3 of the Employee Polygraph Protection Act of

16 1988. In addition, the waiver provisions of section 6(d)

17 of such Act shall apply to covered employees.

18 ‘‘(b) REMEDY.—The remedy for a violation of sub19 section (a) shall be such damages as would be appropriate

20 if awarded under section 6(c)(1) of the Employee Poly21 graph Protection Act of 1988.

22 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

23 ‘‘(1) IN GENERAL.—The President shall issue

24 regulations to implement this section.
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1 ‘‘(2) AGENCY REGULATIONS.—The regulations

2 issued under paragraph (1) shall be the same as

3 substantive regulations promulgated by the Sec4 retary of Labor to implement the statutory provi5 sions referred to in subsections (a) and (b) except

6 insofar as the President may determine, for good

7 cause shown and stated together with the regulation,

8 that a modification of such regulations would be

9 more effective for the implementation of the rights

10 and protections under this section.

11 ‘‘SEC. 415. RIGHTS AND PROTECTIONS UNDER THE WORK12 ER ADJUSTMENT AND RETRAINING NOTIFI13 CATION ACT.

14 ‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTI15 FICATION RIGHTS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), no employing office shall be closed or

18 mass layoff ordered within the meaning of section 3

19 of the Worker Adjustment and Retraining Notifica20 tion Act until the end of a 60-day period after the

21 employing office serves written notice of such pro22 spective closing or layoff to representatives of cov23 ered employees or, if there are no representatives, to

24 covered employees.

25 ‘‘(2) EXCEPTION.—
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1 ‘‘(A) IN GENERAL.—In the event that a

2 President (hereinafter in this paragraph re3 ferred to as the ‘previous President’) does not

4 succeed himself in office as a result of the elec5 tion of a new President—

6 ‘‘(i) no notice or waiting period shall

7 be required under paragraph (1) with re8 spect to the separation of any individual

9 described in subparagraph (B), if such sep10 aration occurs pursuant to a closure or

11 mass layoff ordered after the term of the

12 new President commences; and

13 ‘‘(ii) if any individual is separated

14 from service, or begins a period of leave

15 under the Family and Medical Leave Act

16 of 1993, before such term commences,

17 nothing in this chapter shall require rein18 statement or restoration to employment of

19 the individual after such term commences.

20 ‘‘(B) DESCRIPTION OF INDIVIDUALS.—An

21 individual described in this subparagraph is any

22 covered employee serving pursuant to an ap23 pointment made during—

24 ‘‘(i) the term of office of the previous

25 President; or
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1 ‘‘(ii) any term, earlier than the term

2 referred to in clause (i), during which such

3 previous President served as President or

4 Vice President.

5 ‘‘(b) REMEDY.—The remedy for a violation of sub6 section (a) shall be such damages as would be appropriate

7 if awarded under paragraphs (1), (2), and (4) of section

8 5(a) of the Worker Adjustment and Retraining Notifica9 tion Act.

10 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

11 ‘‘(1) IN GENERAL.—The President shall issue

12 regulations to implement this section.

13 ‘‘(2) AGENCY REGULATIONS.—The regulations

14 issued under paragraph (1) shall be the same as

15 substantive regulations promulgated by the Sec16 retary of Labor to implement the statutory provi17 sions referred to in subsection (a) except insofar as

18 the President may determine, for good cause shown

19 and stated together with the regulation, that a modi20 fication of such regulations would be more effective

21 for the implementation of the rights and protections

22 under this section.
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1 ‘‘SEC. 416. RIGHTS AND PROTECTIONS RELATING TO VET2 ERANS’ EMPLOYMENT AND REEMPLOYMENT.

3 ‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF

4 MEMBERS OF THE UNIFORMED SERVICES.—

5 ‘‘(1) IN GENERAL.—It shall be unlawful for an

6 employing office to—

7 ‘‘(A) discriminate, within the meaning of

8 subsections (a) and (b) of section 4311 of title

9 38, against an eligible employee;

10 ‘‘(B) deny to an eligible employee reem11 ployment rights within the meaning of sections

12 4312 and 4313 of title 38; or

13 ‘‘(C) deny to an eligible employee benefits

14 within the meaning of sections 4316, 4317, and

15 4318 of title 38.

16 ‘‘(2) DEFINITION.—For purposes of this sec17 tion, the term ‘eligible employee’ means a covered

18 employee performing service in the uniformed serv19 ices, within the meaning of section 4303(13) of title

20 38, whose service has not been terminated upon the

21 occurrence of any of the events enumerated in sec22 tion 4304 of such title.

23 ‘‘(b) REMEDY.—The remedy for a violation of sub24 section (a) shall be such damages as would be appropriate

25 if awarded under paragraphs (1) and (2)(A) of section

26 4323(c) of title 38.
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1 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

2 ‘‘(1) IN GENERAL.—The President shall issue

3 regulations to implement this section.

4 ‘‘(2) AGENCY REGULATIONS.—The regulations

5 issued under paragraph (1) shall be the same as

6 substantive regulations promulgated by the Sec7 retary of Labor to implement the statutory provi8 sions referred to in subsection (a) except to the ex9 tent that the President may determine, for good

10 cause shown and stated together with the regulation,

11 that a modification of such regulations would be

12 more effective for the implementation of the rights

13 and protections under this section.

14 ‘‘SEC. 417. PROHIBITION OF INTIMIDATION OR REPRISAL.

15 ‘‘(a) IN GENERAL.—It shall be unlawful for an em16 ploying office to intimidate, take reprisal against, or other17 wise discriminate against, any covered employee because

18 the covered employee has opposed any practice made un19 lawful by this chapter, or because the covered employee

20 has initiated proceedings, made a charge, or testified, as21 sisted, or participated in any manner in a hearing or other

22 proceeding under this chapter.

23 ‘‘(b) REMEDY.—A violation of subsection (a) may be

24 remedied by any legal remedy available to redress the

25 practice opposed by the covered employee or other viola-
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1 tion of law as to which the covered employee initiated pro2 ceedings, made a charge, or engaged in other conduct pro3 tected under subsection (a).

4 ‘‘(c) DEFINITIONS.—For purposes of applying this

5 section with respect to any practice or other matter to

6 which section 411 relates, the terms ‘employing office’ and

7 ‘covered employee’ shall each be considered to have the

8 meaning given to it by such section.

9 ‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER

10 THE AMERICANS WITH DISABILITIES ACT OF 1990

11 ‘‘SEC. 420. RIGHTS AND PROTECTIONS UNDER THE AMERI12 CANS WITH DISABILITIES ACT OF 1990.

13 ‘‘(a) RIGHTS AND PROTECTIONS.—The rights and

14 protections against discrimination in the provision of pub15 lic services and accommodations established by sections

16 201, 202, and 204, and sections 302, 303, and 309, of

17 the Americans with Disabilities Act of 1990 shall apply,

18 to the extent that public services, programs, or activities

19 are provided, with respect to the White House and its ap20 purtenant grounds and gardens, the Old Executive Office

21 Building, the New Executive Office Buildings, and any

22 other facility to the extent that offices are provided for

23 employees of the Executive Office of the President.

24 ‘‘(b) REMEDY.—The remedy for a violation of sub25 section (a) shall be such remedy as would be appropriate
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1 if awarded under section 203 or 308 of the Americans

2 with Disabilities Act of 1990, as the case may be, except

3 that, with respect to any claim of employment discrimina4 tion, the exclusive remedy shall be under section 411 of

5 this title. A remedy under the preceding sentence shall be

6 enforced in accordance with applicable provisions of such

7 section 203 or 308, as the case may be.

8 ‘‘(c) DEFINITION.—For purposes of the application

9 under this section of the Americans with Disabilities Act

10 of 1990, the term ‘public entity’ as used in such Act,

11 means, to the extent that public services, programs, or ac12 tivities are provided, the White House and its appurtenant

13 grounds and gardens, the Old Executive Office Building,

14 the New Executive Office Buildings, and any other facility

15 to the extent that offices are provided for employees of

16 the Executive Office of the President.

17 ‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH

18 ACT OF 1970

19 ‘‘SEC. 425. RIGHTS AND PROTECTIONS UNDER THE OCCU20 PATIONAL SAFETY AND HEALTH ACT OF 1970;

21 PROCEDURES FOR REMEDY OF VIOLATIONS.

22 ‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC23 TIONS.—

24 ‘‘(1) IN GENERAL.—Each employing office and

25 each covered employee shall comply with the provi-
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1 sions of section 5 of the Occupational Safety and

2 Health Act of 1970.

3 ‘‘(2) DEFINITIONS.—For purposes of the appli4 cation under this section of the Occupational Safety

5 and Health Act of 1970—

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

7 Act means an employing office; and

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

9 Act means a covered employee.

10 ‘‘(b) REMEDY.—The remedy for a violation of sub11 section (a) shall be an order to correct the violation, in12 cluding such order as would be appropriate if issued under

13 section 13(a) of the Occupational Safety and Health Act

14 of 1970.

15 ‘‘(c) PROCEDURES.—

16 ‘‘(1) REQUESTS FOR INSPECTIONS.—Upon writ17 ten request of any employing office or covered em18 ployee, the Secretary of Labor shall have the author19 ity to inspect and investigate places of employment

20 under the jurisdiction of employing offices in accord21 ance with subsections (a), (d), (e), and (f) of section

22 8 of the Occupational Safety and Health Act of

23 1970.

24 ‘‘(2) CITATIONS, NOTICES, AND NOTIFICA25 TIONS.—The Secretary of Labor shall have the au-
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1 thority, in accordance with sections 9 and 10 of the

2 Occupational Safety and Health Act of 1970, to

3 issue—

4 ‘‘(A) a citation or notice to any employing

5 office responsible for correcting a violation of

6 subsection (a); or

7 ‘‘(B) a notification to any employing office

8 that the Secretary of Labor believes has failed

9 to correct a violation for which a citation has

10 been issued within the period permitted for its

11 correction.

12 ‘‘(3) HEARINGS AND REVIEW.—If after issuing

13 a citation or notification, the Secretary of Labor de14 termines that a violation has not been corrected—

15 ‘‘(A) the citation and notification shall be

16 deemed a final order (within the meaning of

17 section 10(b) of the Occupational Safety and

18 Health Act of 1970) if the employer fails to no19 tify the Secretary of Labor within 15 days (ex20 cluding Saturdays, Sundays, and Federal holi21 days) after receipt of the notice that he intends

22 to contest the citation or notification; or

23 ‘‘(B) opportunity for a hearing before the

24 Occupational Safety and Health Review Com25 mission shall be afforded in accordance with
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1 section 10(c) of the Occupational Safety and

2 Health Act of 1970, if the employer gives time3 ly notice to the Secretary that he intends to

4 contest the citation or notification.

5 ‘‘(4) VARIANCE PROCEDURES.—An employing

6 office may request from the Secretary of Labor an

7 order granting a variance from a standard made ap8 plicable by this section, in accordance with sections

9 6(b)(6) and 6(d) of the Occupational Safety and

10 Health Act of 1970.

11 ‘‘(5) JUDICIAL REVIEW.—Any person or em12 ploying office aggrieved by a final decision of the Oc13 cupational Safety and Health Review Commission

14 under paragraph (3) or the Secretary of Labor

15 under paragraph (4) may file a petition for review

16 with the appropriate United States circuit court of

17 appeals under section 1296 of title 28.

18 ‘‘(6) COMPLIANCE DATE.—If new appropriated

19 funds are necessary to correct a violation of sub20 section (a) for which a citation is issued, or to com21 ply with an order requiring correction of such a vio22 lation, correction or compliance shall take place as

23 soon as possible, but not later than the end of the

24 fiscal year following the fiscal year in which the cita-
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1 tion is issued or the order requiring correction be2 comes final and not subject to further review.

3 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—

4 ‘‘(1) IN GENERAL.—The President shall issue

5 regulations to implement this section.

6 ‘‘(2) AGENCY REGULATIONS.—The regulations

7 issued under paragraph (1) shall be the same as

8 substantive regulations promulgated by the Sec9 retary of Labor to implement the statutory provi10 sions referred to in subsection (a) except to the ex11 tent that the President may determine, for good

12 cause shown and stated together with the regulation,

13 that a modification of such regulations would be

14 more effective for the implementation of the rights

15 and protections under this section.

16 ‘‘(3) EMPLOYING OFFICE RESPONSIBLE FOR

17 CORRECTION.—The regulations issued under para18 graph (1) shall include a method of identifying, for

19 purposes of this section and for different categories

20 of violations of subsection (a), the employing office

21 responsible for correction of a particular violation.
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1 ‘‘PART D—LABOR-MANAGEMENT RELATIONS

2 ‘‘SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RE3 LATING TO FEDERAL SERVICE LABOR-MAN4 AGEMENT RELATIONS; PROCEDURES FOR

5 REMEDY OF VIOLATIONS.

6 ‘‘(a) LABOR-MANAGEMENT RIGHTS.—Subject to sub7 section (d), chapter 71 of title 5 shall apply to employing

8 offices and to covered employees and representatives of

9 those employees, except that covered employees shall not

10 have a right to reinstatement pursuant to section

11 7118(a)(7)(C) or 7123 of title 5.

12 ‘‘(b) DEFINITION.—For purposes of the application

13 under this section of chapter 71 of title 5, the term ‘agen14 cy’ as used in such chapter means an employing office.

15 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

16 ‘‘(1) IN GENERAL.—The Federal Labor Rela17 tions Authority shall issue regulations to implement

18 this section.

19 ‘‘(2) AGENCY REGULATIONS.—Except as pro20 vided in subsection (d), the regulations issued under

21 paragraph (1) shall be the same as substantive regu22 lations promulgated by the Authority to implement

23 the statutory provisions referred to in subsection (a),

24 except—

25 ‘‘(A) to the extent the Authority may de26 termine, for good cause shown and stated to-
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1 gether with the regulation, that a modification

2 of such regulations would be more effective for

3 the implementation of the rights and protec4 tions under this section; or

5 ‘‘(B) as the Authority deems necessary to

6 avoid a conflict of interest or appearance of a

7 conflict of interest.

8 ‘‘(d) SPECIFIC REGULATIONS REGARDING APPLICA9 TIONS TO CERTAIN EMPLOYING OFFICES.—

10 ‘‘(1) REGULATIONS REQUIRED.—The Authority

11 shall issue regulations on the manner and the extent

12 to which the requirements and exemptions of chap13 ter 71 of title 5 should apply to covered employees

14 who are employed in the offices listed in paragraph

15 (2). The regulations shall, to the greatest extent

16 practicable, be consistent with the provisions and

17 purposes of chapter 71 of title 5 and of this chapter,

18 and shall be the same as the substantive regulations

19 issued by the Federal Labor Relations Authority

20 under such chapter, except—

21 ‘‘(A) to the extent the Authority may de22 termine, for good cause shown and stated to23 gether with the regulation, that a modification

24 of such regulations would be more effective for
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1 the implementation of the rights and protec2 tions under this section; and

3 ‘‘(B) that the Authority shall exclude from

4 coverage under this section any covered employ5 ees who are employed in offices listed in para6 graph (2) if the Authority determines that such

7 exclusion is required because of—

8 ‘‘(i) a conflict of interest or appear9 ance of a conflict of interest; or

10 ‘‘(ii) the President’s or Vice Presi11 dent’s constitutional responsibilities.

12 ‘‘(2) OFFICES REFERRED TO.—The offices re13 ferred to in paragraph (1) include—

14 ‘‘(A) the White House Office;

15 ‘‘(B) the Executive Residence at the White

16 House;

17 ‘‘(C) the Office of the Vice President;

18 ‘‘(D) the Office of Policy Development;

19 ‘‘(E) the Council of Economic Advisors;

20 ‘‘(F) the National Security Council;

21 ‘‘(G) the Office of Management and Budg22 et;

23 ‘‘(H) the Office of National Drug Control

24 Policy; and
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1 ‘‘(I) the Office of the Inspector General of

2 the Executive Office of the President.

3 ‘‘PART E—GENERAL

4 ‘‘SEC. 435. GENERALLY APPLICABLE REMEDIES AND LIMI5 TATIONS.

6 ‘‘(a) ATTORNEY’S FEES.—If a covered employee,

7 with respect to any claim under this chapter, or a qualified

8 person with a disability, with respect to any claim under

9 section 420, is a prevailing party in any proceeding under

10 section 453(1), the administrative agency may award at11 torney’s fees, expert fees, and any other costs as would

12 be appropriate if awarded under section 706(k) of the Civil

13 Rights Act of 1964.

14 ‘‘(b) INTEREST.—In any proceeding under section

15 453(1), the same interest to compensate for delay in pay16 ment shall be made available as would be appropriate if

17 awarded under section 717(d) of the Civil Rights Act of

18 1964.

19 ‘‘(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—

20 Except as otherwise provided in this chapter, no civil pen21 alty or punitive damages may be awarded with respect to

22 any claim under this chapter.

23 ‘‘(d) EXCLUSIVE PROCEDURE.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), no person may commence an administra-
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1 tive or judicial proceeding to seek a remedy for the

2 rights and protections afforded by this chapter ex3 cept as provided in this chapter and in sections 1296

4 and 1346(g) and chapter 179 of title 28.

5 ‘‘(2) VETERANS.—A covered employee under

6 section 416 may also utilize any provisions of chap7 ter 43 of title 38 that are applicable to that em8 ployee.

9 ‘‘(e) SCOPE OF REMEDY.—Only a covered employee

10 who has undertaken and completed the procedures de11 scribed in section 452 may be granted a remedy under

12 part A of this subchapter.

13 ‘‘(f) CONSTRUCTION.—

14 ‘‘(1) DEFINITIONS AND EXEMPTIONS.—Except

15 where inconsistent with definitions and exemptions

16 provided in this chapter, the definitions and exemp17 tions in the laws made applicable by this chapter

18 shall apply under this chapter.

19 ‘‘(2) SIZE LIMITATIONS.—Notwithstanding

20 paragraph (1), provisions in the laws made applica21 ble under this chapter (other than paragraphs (2)

22 and (3) of section 2(a) of the Worker Adjustment

23 and Retraining Notification Act) determining cov24 erage based on size, whether expressed in terms of

25 numbers of employees, amount of business trans-
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1 acted, or other measure, shall not apply in determin2 ing coverage under this chapter.

3 ‘‘(g) DEFINITIONS RELATING TO SECTION 411.—For

4 purposes of applying this section with respect to any prac5 tice or other matter to which section 411 relates, the terms

6 ‘employing office’ and ‘covered employee’ shall each be

7 considered to have the meaning given to it by such section.

8 ‘‘Subchapter III—Administrative and Judicial

9 Dispute-Resolution Procedures

10 ‘‘SEC. 451. PROCEDURE FOR CONSIDERATION OF ALLEGED

11 VIOLATIONS.

12 ‘‘The procedure for consideration of alleged violations

13 of part A of subchapter II consists of—

14 ‘‘(1) counseling and mediation as provided in

15 section 452; and

16 ‘‘(2) election, as provided in section 453, of ei17 ther—

18 ‘‘(A) an administrative proceeding as pro19 vided in section 453(1) and judicial review as

20 provided in section 1296 of title 28; or

21 ‘‘(B) a civil action in a district court of the

22 United States as provided in section 1346(g) of

23 title 28.
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1 ‘‘SEC. 452. COUNSELING AND MEDIATION.

2 ‘‘(a) IN GENERAL.—The President shall by regula3 tion establish procedures substantially similar to those

4 under sections 402 and 403 of the Congressional Account5 ability Act of 1995 for the counseling and mediation of

6 alleged violations of a law made applicable under part A

7 of subchapter II.

8 ‘‘(b) EXHAUSTION REQUIREMENT.—A covered em9 ployee who has not exhausted counseling and mediation

10 under subsection (a) shall be ineligible to make any elec11 tion under section 453 or otherwise pursue any further

12 form of relief under this subchapter.

13 ‘‘SEC. 453. ELECTION OF PROCEEDING.

14 ‘‘Not later than 90 days after a covered employee re15 ceives notice of the end of the period of mediation, but

16 no sooner than 30 days after receipt of such notification,

17 such covered employee may either—

18 ‘‘(1) file a complaint with the appropriate ad19 ministrative agency, as determined under section

20 454; or

21 ‘‘(2) file a civil action under section 1346(g) of

22 title 28.’’.

23 ‘‘SEC. 454. APPROPRIATE AGENCIES.

24 ‘‘(a) IN GENERAL.—Except as provided in subsection

25 (b), the appropriate agency under this section with respect
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1 to an alleged violation of part A of subchapter II shall

2 be the Board.

3 ‘‘(b) EXCEPTIONS.—

4 ‘‘(1) DISCRIMINATION.—For purposes of any

5 action arising under section 411 (or any action al6 leging intimidation, reprisal, or discrimination under

7 section 417 relating to any practice made unlawful

8 under section 411), the appropriate agency shall be

9 the Equal Employment Opportunity Commission,

10 and the complaint in any such action shall be proc11 essed under the same administrative procedures as

12 any such complaint filed by any other Federal em13 ployee.

14 ‘‘(2) MIXED CASES.—However, in the case of

15 any covered employee (within the meaning of section

16 411(c)(1)) who has been affected by an action which

17 an employee of an executive agency may appeal to

18 the Board and who alleges that a basis for the ac19 tion was discrimination prohibited by section 411 (or

20 any action alleging intimidation, reprisal, or dis21 crimination under section 417 relating to any prac22 tice made unlawful under section 411), the initial

23 appropriate agency shall be the Board, and such

24 matter shall thereafter be processed in accordance
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1 with section 7702 (a)–(d) (disregarding paragraph

2 (2) of such subsection (a)) and (f) of title 5.

3 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any

4 other provision of law (including any provision of

5 law referenced in paragraph (1) or (2)), judicial re6 view of any administrative decision under this sub7 section shall be by appeal to the appropriate circuit

8 court of appeals under section 1296 of title 28.

9 ‘‘SEC. 455. EFFECT OF FAILURE TO ISSUE REGULATIONS.

10 ‘‘In any proceeding under section 453(1), if the Presi11 dent has not issued a regulation on a matter for which

12 this chapter requires a regulation to be issued, the admin13 istrative agency shall apply, to the extent necessary and

14 appropriate, the most relevant substantive executive agen15 cy regulation promulgated to implement the statutory pro16 vision at issue in the proceeding.

17 ‘‘SEC. 456. CONFIDENTIALITY.

18 ‘‘(a) COUNSELING.—All counseling under section 452

19 shall be strictly confidential, except that, with the consent

20 of the covered employee, the employing office may be noti21 fied.

22 ‘‘(b) MEDIATION.—All mediation under section 452

23 shall be strictly confidential.
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1 ‘‘SEC. 457. DEFINITIONS.

2 ‘‘For purposes of applying this subchapter, the terms

3 ‘employing office’ and ‘covered employee’ shall each, to the

4 extent that section 411 is involved, be considered to have

5 the meaning given to it by such section.

6 ‘‘SUBCHAPTER IV—WHITE HOUSE

7 COMPLIANCE BOARD

8 ‘‘§ 471. Establishment of White House Compliance

9 Board

10 ‘‘(a) ESTABLISHMENT.—There is established, as an

11 independent establishment within the executive branch of

12 the Federal Government, the White House Compliance

13 Board.

14 ‘‘(b) APPOINTMENT.—The Board shall consist of 5

15 individuals appointed by the President. Appointments of

16 the first 5 members of the Board shall be completed not

17 later than 90 days after the effective date of this section.

18 ‘‘(c) BOARD QUALIFICATIONS.—

19 ‘‘(1) SPECIFIC QUALIFICATIONS.—Selection and

20 appointment of members of the Board shall be with21 out regard to political affiliation and solely on the

22 basis of fitness to perform the duties of the Board.

23 Members of the Board shall have training or experi24 ence in the application of the rights, protections, and

25 remedies under 1 or more of the laws made applica26 ble under this chapter.
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1 ‘‘(2) DISQUALIFICATION FOR APPOINTMENTS.—

2 No member of the Board appointed under subsection

3 (b) may hold or may have held a position in the ex4 ecutive branch of the Federal Government within 4

5 years of the date of appointment.

6 ‘‘(3) VACANCIES.—A vacancy on the Board

7 shall be filled in the manner in which the original

8 appointment was made.

9 ‘‘(d) TERM OF OFFICE.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), membership on the Board shall be for 5

12 years. A member of the Board who is appointed to

13 a term of office of more than 3 years shall only be

14 eligible for appointment for a single term of office.

15 ‘‘(2) FIRST APPOINTMENTS.—Of the members

16 first appointed to the Board—

17 ‘‘(A) 1 shall have a term of office of 3

18 years;

19 ‘‘(B) 2 shall have a term of office of 4

20 years; and

21 ‘‘(C) 2 shall have a term of office of 5

22 years;

23 as designated at the time of appointment by the

24 President.

25 ‘‘(e) REMOVAL.—
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1 ‘‘(1) AUTHORITY.—Any member of the

2 Board may be removed from office by the President,

3 but only for—

4 ‘‘(A) disability that substantially prevents

5 the member from carrying out the duties of the

6 member;

7 ‘‘(B) incompetence;

8 ‘‘(C) neglect of duty;

9 ‘‘(D) malfeasance, including a felony or

10 conduct involving moral turpitude; or

11 ‘‘(E) holding an office or employment that

12 disqualifies the individual from service as a

13 member of the Board under subsection (c)(2).

14 ‘‘(2) STATEMENT OF REASONS FOR RE15 MOVAL.—In removing a member of the Board, the

16 President shall state in writing to the member of the

17 Board being removed the specific reasons for the re18 moval.

19 ‘‘(f) COMPENSATION.—

20 ‘‘(1) PER DIEM.—Each member of the Board

21 shall be compensated at a rate equal to the daily

22 equivalent of the annual rate of basic pay prescribed

23 for level V of the Executive Schedule under section

24 5316 of title 5 for each day (including travel time)

25 during which such member is engaged in the per-
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1 formance of the duties of the Board. The rate of pay

2 of a member may be prorated based on the portion

3 of the day during which the member is engaged in

4 the performance of Board duties.

5 ‘‘(2) TRAVEL EXPENSES.—Each member of the

6 Board shall receive travel expenses, including per

7 diem in lieu of subsistence, at rates authorized for

8 employees of agencies under subchapter I of chapter

9 57 of title 5 for each day the member is engaged in

10 the performance of duties away from the home or

11 regular place of business of the member.

12 ‘‘(g) FINANCIAL DISCLOSURE REPORTS.—Members

13 of the Board shall file the financial disclosure reports re14 quired under title I of the Ethics in Government Act of

15 1978.

16 ‘‘§ 472. Personnel

17 ‘‘(a) EXECUTIVE DIRECTOR.—

18 ‘‘(1) APPOINTMENT AND REMOVAL.—

19 ‘‘(A) IN GENERAL.—There shall be an Ex20 ecutive Director of the Board.

21 ‘‘(B) APPOINTMENT.—The initial Execu22 tive Director shall be appointed by the Presi23 dent, and shall serve for a 6-month term. After

24 the end of the term of the initial Executive Di-
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1 rector, the Board shall appoint and may remove

2 the Executive Director.

3 ‘‘(C) QUALIFICATIONS.—The Executive

4 Director shall be an individual with training or

5 expertise in the application of laws referred to

6 in section 402. Selection and appointment of

7 the Executive Director shall be without regard

8 to political affiliation and solely on the basis of

9 fitness to perform the duties of the Executive

10 Director.

11 ‘‘(D) DISQUALIFICATION.—The disquali12 fication specified in section 471(c)(2) shall

13 apply to the appointment of the Executive Di14 rector.

15 ‘‘(2) COMPENSATION.—The Board (or the

16 President in the case of the initial Executive Direc17 tor) may fix the compensation of the Executive Di18 rector. The rate of pay for the Executive Director

19 may not exceed the annual rate of basic pay pre20 scribed for level V of the Executive Schedule under

21 section 5316 of title 5.

22 ‘‘(3) DUTIES.—The Executive Director shall

23 serve as the chief operating officer of the Board.

24 ‘‘(b) OTHER STAFF.—The Executive Director shall

25 appoint, and fix the compensation of, and may remove,
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1 such other additional staff, including hearing officers, as

2 may be essential to enable the Board to perform its duties.

3 ‘‘(c) DETAILED PERSONNEL.—Upon request of the

4 Executive Director, the head of any Federal agency shall

5 detail any of the personnel of that agency, including mem6 bers or personnel of the General Accounting Office Per7 sonnel Appeals Board, to the Board to assist the Board

8 in carrying out its duties. Such detail may be on a reim9 bursable or nonreimbursable basis. Such detail shall be

10 without interruption or loss of civil service status or privi11 lege.

12 ‘‘(d) CONSULTANTS.—In carrying out the functions

13 of the Board, the Executive Director may procure the tem14 porary (not to exceed 1 year) or intermittent services of

15 consultants.

16 ‘‘§ 473. Facilities

17 ‘‘The Equal Employment Opportunity Commission

18 shall supply such office facilities, office supplies, support

19 services, and related expenses as may be necessary to en20 able the Board to carry out the functions of the Board.

21 ‘‘Subchapter V—Effective Date

22 ‘‘SEC. 481. EFFECTIVE DATE.

23 ‘‘This chapter shall take effect 1 year after the date

24 of the enactment of the Presidential and Executive Office

25 Accountability Act.’’.
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1 (b) REGULATIONS.—Appropriate measures shall be

2 taken to ensure that any regulations needed to implement

3 chapter 5 of title 3, United States Code, as amended by

4 this section, shall be in effect by the effective date of such

5 chapter.

6 (c) TECHNICAL AMENDMENT.—The table of chapters

7 for title 3, United States Code, is amended by adding at

8 the end the following:

‘‘5. Extension of Certain Rights and Protections to Presidential Offices ......................................................... 401’’.

9 SEC. 3. AMENDMENTS TO TITLE 28, UNITED STATES CODE.

10 (a) CIRCUIT COURT JURISDICTION.—(1) Chapter 83

11 of title 28, United States Code, is amended by adding at

12 the end the following:

13 ‘‘§ 1296. Review of certain agency actions

14 ‘‘(a) JURISDICTION.—Subject to the provisions of

15 chapter 179, the courts of appeals (other than the United

16 States Court of Appeals for the Federal Circuit) shall have

17 jurisdiction over a petition for review of a final decision

18 under chapter 5 of title 3 of—

19 ‘‘(1) an appropriate agency (as determined

20 under section 454 of title 3);

21 ‘‘(2) the Federal Labor Relations Authority

22 under chapter 71 of title 5, notwithstanding section

23 7123 of such title; or
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1 ‘‘(3) the Secretary of Labor or the Occupational

2 Safety and Health Review Commission, made under

3 part C of subchapter II of chapter 5 of title 3.

4 ‘‘(b) FILING OF PETITION.—Any petition for review

5 under this section must be filed within 30 days after the

6 date the petitioner receives notice of the final decision.

7 ‘‘(c) VENUE.—The venue of a proceeding under thi

8 section is in the judicial circuit in which the petitioner re9 sides or has its principal office, or in the United States

10 Court of Appeals for the District of Columbia Circuit.’’.

11 (2) The table of sections for chapter 158 of title 28,

12 United States Code, is amended by adding at the end the

13 following:

‘‘1296. Review of certain agency actions.’’.

14 (b) DISTRICT COURT ACTIONS.—

15 (1) JURISDICTION.—Section 1346 of title 28,

16 United States Code, is amended by adding at the

17 end the following:

18 ‘‘(g) Subject to the provisions of chapter 179, the dis19 trict courts of the United States shall have exclusive juris20 diction over any civil action commenced under section

21 453(2) of title 3, by a covered employee under chapter

22 5 of such title.’’.

23 (2) VENUE.—(A) Chapter 37 of title 28, United

24 States Code, relating to venue, is amended by add25 ing at the end the following:
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1 ‘‘§ 1413. Venue of cases under chapter 5 of title 3

2 ‘‘Notwithstanding the preceding provisions of this

3 chapter, a civil action under section 1346(g) may be

4 brought in the United States district court for the district

5 in which the employee is employed or in the United States

6 district court for the District of Columbia.’’.

7 (B) The table of sections for chapter 37 of title

8 28, United States Code, relating to venue, is amend9 ed by adding at the end the following:

‘‘1413. Venue of cases under chapter 5 of title 3.’’.

10 (3) JURY TRIALS.—(A) Section 2402 of title

11 28, United States Code, (relating to jury trials) is

12 amended by striking Any action’’ and inserting

13 ‘‘Subject to chapter 179 of this title, any action’’.

14 (c) PROCEDURE.—

15 (1) IN GENERAL.—Part VI of title 28, United

16 States Code, is amended by adding at the end the

17 following new chapter:

18 ‘‘CHAPTER 179—JUDICIAL REVIEW OF

19 CERTAIN ACTIONS BY PRESIDENTIAL

20 OFFICES

‘‘Sec.

‘‘3901. Civil actions.

‘‘3902. Judicial review of regulations.

‘‘3903. Effect of failure to issue regulations.

‘‘3904. Expedited review of certain appeals.

‘‘3905. Attorney’s fees and interest.

‘‘3906. Payments.

‘‘3907. Other judicial review prohibited.

‘‘3908. Definitions.
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1 ‘‘§ 3901. Civil actions

2 (a) PARTIES.—In an action under section 1346(g) of

3 this title, the defendant shall be the employing office al4 leged to have committed the violation involved.

5 ‘‘(b) JURY TRIAL.—In an action described in sub6 section (a), any party may demand a jury trial where a

7 jury trial would be available in an action against a private

8 defendant under the relevant law made applicable by chap9 ter 5 of title 3. In any case in which a violation of section

10 411 of title 3 is alleged, the court shall not inform the

11 jury of the maximum amount of compensatory damages

12 available under section 411(b)(1) or 411(b)(3) of title 3.

13 ‘‘§ 3902. Judicial review of regulations

14 ‘‘In any proceeding under section 1296 or 1346(g)

15 of this title in which the application of a regulation issued

16 under chapter 5 of title 3 is at issue, the court may review

17 the validity of the regulation in accordance with the provi18 sions of subparagraphs (A) through (D) of section 706(2)

19 of title 5. If the court determines that the regulation is

20 invalid, the court shall apply, to the extent necessary and

21 appropriate, the most relevant substantive executive agen22 cy regulation promulgated to implement the statutory pro23 visions with respect to which the invalid regulation was

24 issued. Except as provided in this section, the validity of

25 regulations issued under this chapter is not subject to ju26 dicial review.
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1 ‘‘§ 3903. Effect of failure to issue regulations

2 ‘‘In any proceeding under section 1296 or 1346(g)

3 of this title, if the President has not issued a regulation

4 on a matter for which chapter 5 of title 3 requires a regu5 lation to be issued, the court shall apply, to the extent

6 necessary and appropriate, the most relevant substantive

7 executive agency regulation promulgated to implement the

8 statutory provision at issue in the proceeding.

9 ‘‘§ 3904. Expedited review of certain appeals

10 ‘‘(a) IN GENERAL.—An appeal may be taken directly

11 to the Supreme Court of the United States from any inter12 locutory or final judgment, decree, or order of a court

13 upon the constitutionality of any provision of chapter 5

14 of title 3.

15 ‘‘(b) JURISDICTION.—The Supreme Court shall, if it

16 has not previously ruled on the question, accept jurisdic17 tion over the appeal referred to in subsection (a), advance

18 the appeal on the docket, and expedite the appeal to the

19 greatest extent possible.

20 ‘‘§ 3905. Attorney’s fees and interest

21 ‘‘(a) ATTORNEY’S FEES.—If a covered employee,

22 with respect to any claim under chapter 5 of title 3, or

23 a qualified person with a disability, with respect to any

24 claim under section 420 of title 3, is a prevailing party

25 in any proceeding under section 1296 or section 1346(g),

26 the court may award attorney’s fees, expert fees, and any
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1 other costs as would be appropriate if awarded under sec2 tion 706(k) of the Civil Rights Act of 1964.

3 ‘‘(b) INTEREST.—In any proceeding under section

4 1296 or section 1346(g), the same interest to compensate

5 for delay in payment shall be made available as would be

6 appropriate if awarded under section 717(d) of the Civil

7 Rights Act of 1964.

8 ‘‘§ 3906. Payments

9 ‘‘A judgment, award, or compromise settlement

10 against the United States under this chapter (including

11 any interest and costs) shall be paid—

12 ‘‘(1) under section 1304 of title 31, if it arises

13 out of an action commenced in a district court of the

14 United States (or any appeal therefrom); or

15 ‘‘(2) out of amounts otherwise appropriated or

16 available to such office, if it arises out of an appeal

17 from an administrative proceeding under chapter 5

18 of title 3.

19 ‘‘§ 3907. Other judicial review prohibited

20 ‘‘Except as expressly authorized by this chapter and

21 chapter 5 of title 3, the compliance or noncompliance with

22 the provisions of chapter 5 of title 3, and any action taken

23 pursuant to chapter 5 of title 3, shall not be subject to

24 judicial review.
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1 ‘‘§ 3908. Definitions.

2 ‘‘For purposes of applying this chapter, the terms

3 ‘employing office’ and ‘covered employee’ have the mean4 ings given those terms in section 401 of title 3, except

5 that the terms ‘employing office’ and ‘covered employee’

6 shall each, to the extent that section 411 of title 3 is in7 volved, be considered to have the meaning given to it by

8 such section.’’.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect 1 year after the date of the

11 enactment of the Presidential and Executive Office Ac12 countability Act.

13 (e) CONFORMING AMENDMENTS.—(1) The table of

14 chapters for part VI of title 28, United States Code, is

15 amended by adding at the end the following:

‘‘179. Judicial Review of Certain Actions by Presidential

Offices ........................................................................ 3901’’.

16 SEC. 4. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OF17 FICE OF THE PRESIDENT.

18 (a) CHIEF FINANCIAL OFFICER.—Section 901 of

19 title 31, United States Code, is amended by adding at the

20 end the following:

21 ‘‘(c)(1) There shall be within the Executive Office of

22 the President a Chief Financial Officer, who shall be ap23 pointed by the President from among individuals meeting

24 the standards described in subsection (a)(3).
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1 ‘‘(2) The Chief Financial Officer under this sub2 section shall have the same authority and shall perform

3 the same functions as apply in the case of a Chief Finan4 cial Officer under section 902.

5 ‘‘(3) The Director of the Office of Management and

6 Budget shall prescribe any regulations which may be nec7 essary to ensure that, for purposes of implementing para8 graph (2), the Executive Office of the President shall, to

9 the extent practicable and appropriate, be treated (includ10 ing for purposes of financial statements under section

11 3515) in the same way as an agency described in sub12 section (b).’’.

13 (b) DEPUTY CHIEF FINANCIAL OFFICER.—Section

14 903 of title 31, United States Code, is amended by adding

15 at the end the following:

16 ‘‘(c)(1) There shall be within the Executive Office of

17 the President a Deputy Chief Financial Officer, who, not18 withstanding any provision of subsection (b), shall be ap19 pointed by the President from among individuals meeting

20 the standards described in section 901(a)(3).

21 ‘‘(2) The Deputy Chief Financial Officer under this

22 subsection shall have the same authority and shall perform

23 the same functions as apply in the case of the Deputy

24 Chief Financial Officer of an agency described in sub25 section (b).’’.
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1 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

2 (1) TITLE 31, UNITED STATES CODE.—Section

3 503(a) of title 31, United States Code, is amend4 ed—

5 (A) in paragraph (7) by striking ‘‘respec6 tively.’’ and inserting ‘‘respectively (excluding

7 any officer appointed under section 901(c) or

8 903(c)).’’; and

9 (B) in paragraph (8) by striking ‘‘Offi10 cers.’’ and inserting ‘‘Officers (excluding any

11 officer appointed under section 901(c) or

12 903(c)).’’.

13 (2) DESIGNATION OF AGENCY HEAD.—The

14 President shall designate an employee of the Execu15 tive Office of the President (other than the Chief Fi16 nancial Officer or Deputy Chief Financial Officer

17 appointed under the amendments made by sub18 sections (a) and (b), respectively), who shall be

19 deemed ‘‘the head of the agency’’ for purposes of

20 carrying out section 902 of title 31, United States

21 Code, with respect to the Executive Office of the

22 President.
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1 SEC. 5. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOV2 ERNMENT EMPLOYEE’’.

3 (a) AMENDMENT TO SECTION 202(a).—Subsection

4 (a) of section 202 of title 18, United States Code, is

5 amended to read as follows:

6 ‘‘(a) For the purpose of sections 203, 205, 207, 208,

7 and 209 of this title the term ‘special Government em8 ployee’ shall mean—

9 ‘‘(1) an officer or employee as defined in sub10 section (c) who is retained, designated, appointed, or

11 employed in the legislative or executive branch of the

12 United States Government, in any independent

13 agency of the United States, or in the government

14 of the District of Columbia, and who, at the time of

15 retention, designation, appointment or employment,

16 is expected to perform temporary duties on a full17 time or intermittent basis for not to exceed one hun18 dred and thirty days during any period of three hun19 dred and sixty five consecutive days;

20 ‘‘(2) a part-time United States commissioner;

21 ‘‘(3) a part-time United States magistrate;

22 ‘‘(4) an independent counsel appointed under

23 chapter 40 of title 28 and any person appointed by

24 that independent counsel under section 594(c) of

25 title 28;
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1 ‘‘(5) a person serving as a part-time local rep2 resentative of a Member of Congress in the Mem3 ber’s home district or State; and

4 ‘‘(6) a Reserve officer of the Armed Forces, or

5 an officer of the National Guard of the United

6 States, who is not otherwise an officer or employee

7 as defined in subsection (c) who is—

8 ‘‘(A) on active duty solely for training

9 (notwithstanding section 2105(d) of title 5);

10 ‘‘(B) serving voluntarily for not to exceed

11 one hundred and thirty days during any period

12 of three hundred and sixty five consecutive

13 days; or

14 ‘‘(C) serving involuntarily.’’.

15 (b) AMENDMENT TO SECTION 202(c).—Subsection

16 (c) of 202 of title 18, United States Code, is amended

17 to read as follows:

18 ‘‘(c) The terms ‘officer’ and ‘employee’ in sections

19 203, 205, 207 through 209, and 218 of this title shall

20 include—

21 ‘‘(1) an individual who is retained, designated,

22 appointed or employed in the United States Govern23 ment or in the government of the District of Colum24 bia, to perform, with or without compensation and

25 subject to the supervision of the President, the Vice
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1 President, a Member of Congress, a Federal judge

2 or an officer or employee of the United States or of

3 the government of the District of Columbia, a Fed4 eral or District of Columbia function under author5 ity of law or an Executive act. As used in this sec6 tion, a Federal or District of Columbia function

7 shall include, but not be limited to—

8 ‘‘(A) supervising, managing, directing or

9 overseeing a Federal or District of Columbia of10 ficer or employee in the performance of such of11 ficer’s or employee’s official duties;

12 ‘‘(B) providing regular advice, counsel, or

13 recommendations to the President, the Vice

14 President, a Member of Congress, or any Fed15 eral or District of Columbia officer or employee,

16 or conducting meetings involving any of those

17 individuals, as part of the Federal or District of

18 Columbia government’s internal deliberative

19 process; or

20 ‘‘(C) obligating funds of the United States

21 or the District of Columbia;

22 ‘‘(2) a Reserve officer of the Armed Forces or

23 an officer of the National Guard of the United

24 States who is serving voluntarily in excess of one
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1 hundred and thirty days during any period of three

2 hundred and sixty-five consecutive days; and

3 ‘‘(3) the President, the Vice President, a Mem4 ber of Congress or a Federal judge only if specified

5 in the section.’’.

6 (c) NEW SECTION 202(f).—Section 202 of title 18,

7 United States Code, is amended by adding at the end the

8 following:

9 ‘‘(f) The terms ‘officer or employee’ and ‘special Gov10 ernment employee’ as used in sections 203, 205, 207

11 through 209, and 218, shall not include enlisted members

12 of the Armed Forces, nor shall they include an individual

13 who is retained, designated or appointed without com14 pensation specifically to act as a representative of a non15 Federal (or non-District of Columbia) interest on an advi16 sory committee established pursuant to the Federal Advi17 sory Committee Act or any similarly established committee

18 whose meetings are generally open to the public. The non19 Federal interest to be represented must be specifically set

20 forth in the statute, charter, or Executive act establishing

21 the committee.’’.

22 SEC. 6. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

23 Each Federal law governing employment in the pri24 vate sector, enacted later than 12 months after the date

25 of the enactment of this Act, shall be deemed to apply
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1 with respect to ‘‘employing offices’’ and ‘‘covered employ2 ees’’ (within the meaning of section 401 of title 3, United

3 States Code, as amended by this Act), unless such law

4 specifically provides otherwise and expressly cites this sec5 tion.

6 SEC. 7. REPEAL OF SECTION 320 OF THE GOVERNMENT EM7 PLOYEE RIGHTS ACT OF 1991.

8 (a) IN GENERAL.—Section 320 of the Government

9 Employee Rights Act of 1991 is repealed.

10 (b) EFFECTIVE DATE.—This section shall take effect

11 1 year after the date of the enactment of this Act.

12 (c) SAVINGS PROVISION.—The repeal under this sec13 tion shall not affect proceedings in which the complaint

14 was filed before the effective date of this section, and or15 ders shall be issued in such proceedings and appeals shall

16 be taken therefrom as if this section had not been enacted.

17 SEC. 8. POLITICAL AFFILIATION.

18 It shall not be a violation of any provision of section

19 411 of title 3, United States Code, as amended by this

20 Act, to consider the party affiliation, or political compat21 ibility with the employing office, of an employee who is

22 a ‘‘covered employee’’ for purposes of such section 411

23 with respect to employment decisions.
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1 SEC. 9. ESTABLISHMENT OF INSPECTOR GENERAL FOR EX2 ECUTIVE OFFICE OF THE PRESIDENT.

3 (a) ESTABLISHMENT OF OFFICE.—Section 11 of the

4 Inspector General Act of 1978 (5 U.S.C. App.) is amend5 ed—

6 (1) in paragraph (1) by inserting ‘‘the Presi7 dent (with respect only to the Executive Office of

8 the President),’’ after ‘‘means’’; and

9 (2) in paragraph (2) by inserting ‘‘the Execu10 tive Office of the President,’’ after ‘‘means’’.

11 (b) APPOINTMENT OF INSPECTOR GENERAL.—Not

12 later than 120 days after the effective date of this section,

13 the President shall nominate an individual as the Inspec14 tor General of the Executive Office of the President pursu15 ant to the amendments made by subsection (a).

16 (c) SPECIAL PROVISIONS CONCERNING INSPECTOR

17 GENERAL OF THE EXECUTIVE OFFICE OF THE PRESI18 DENT.—The Inspector General Act of 1978 (5 U.S.C.

19 App.) is amended—

20 (1) by redesignating the second section 8G (re21 garding a rule of construction) as section 8I; and

22 (2) by inserting after the first section 8G (re23 garding requirements for Federal entities and des24 ignated Federal entities) the following:
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1 ‘‘SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR

2 GENERAL OF THE EXECUTIVE OFFICE OF

3 THE PRESIDENT.

4 ‘‘(a) AUTHORITY, DIRECTION, AND CONTROL OF

5 PRESIDENT.—Notwithstanding the last 2 sentences of

6 section 3(a), the Inspector General of the Executive Office

7 of the President shall be under the authority, direction,

8 and control of the President with respect to audits or in9 vestigations, or the issuance of subpoenas, which require

10 access to information concerning—

11 ‘‘(1) ongoing criminal investigations or proceed12 ings;

13 ‘‘(2) undercover operations;

14 ‘‘(3) the identity of confidential sources, includ15 ing protected witnesses;

16 ‘‘(4) deliberations and decisions on policy mat17 ters, including documented information used as a

18 basis for making policy decisions;

19 ‘‘(5) intelligence or counterintelligence matters;

20 or

21 ‘‘(6) other matters the disclosure of which

22 would constitute a serious threat to the national se23 curity, or would cause significant impairment to the

24 national interests (including interests in foreign

25 trade negotiations), of the United States.
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1 ‘‘(b) PROHIBITING ACTIVITIES OF INSPECTOR GEN2 ERAL.—With respect to information described in sub3 section (a), the President may prohibit the Inspector Gen4 eral of the Executive Office of the President from carrying

5 out or completing any audit or investigation, or issuing

6 any subpoena, after the Inspector General has decided to

7 initiate, carry out, or complete such audit or investigation

8 or to issue such subpoena, if the President determines

9 that—

10 ‘‘(1) the disclosure of that information would

11 interfere with the core functions of the constitutional

12 responsibilities of the President; and

13 ‘‘(2) the prohibition is necessary to prevent the

14 disclosure of that information.

15 ‘‘(c) NOTICE.—

16 ‘‘(1) NOTICE TO INSPECTOR GENERAL.—If the

17 President makes a determination referred to in sub18 section (b)(1) or (2), the President shall within 30

19 days notify the Inspector General in writing stating

20 the reasons for that determination.

21 ‘‘(2) NOTICE TO CONGRESS.—Within 30 days

22 after receiving a notice under paragraph (1), the In23 spector General shall transmit a copy of the notice

24 to each of the Chairman and the ranking minority

25 party member of the Committee on Government Re-
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1 form and Oversight of the House of Representatives,

2 the Committee on Governmental Affairs of the Sen3 ate, and other appropriate committees or sub4 committees of the Congress.

5 ‘‘(d) SEMIANNUAL REPORTS.—

6 ‘‘(1) INFORMATION TO BE INCLUDED.—The In7 spector General of the Executive Office of the Presi8 dent shall include in each semiannual report to the

9 President under section 5, at a minimum—

10 ‘‘(A) a list of the title or subject of each

11 inspection, investigation, or audit conducted

12 during the reporting period;

13 ‘‘(B) a statement of whether corrective ac14 tion has been completed on each significant rec15 ommendation described in previous semiannual

16 reports, and, in a case where corrective action

17 has been completed, a description of such cor18 rective action;

19 ‘‘(C) a certification that the Inspector Gen20 eral has had full and direct access to all infor21 mation relevant to the performance of functions

22 of the Inspector General;

23 ‘‘(D) a description of all cases occurring

24 during the reporting period in which the Inspec25 tor General could not obtain documentary evi-
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1 dence relevant to any inspection, audit, or in2 vestigation due to a determination of the Presi3 dent under subsection (b); and

4 ‘‘(E) such recommendations as the Inspec5 tor General considers appropriate concerning

6 legislation to promote economy and efficiency in

7 the administration of programs and operations

8 undertaken by the Executive Office of the

9 President, and to detect and eliminate fraud,

10 waste, and abuse in such programs and oper11 ations.

12 ‘‘(2) TRANSMISSION TO CONGRESS.—Within 30

13 days after receiving a semiannual report under sec14 tion 5 from the Inspector General of the Executive

15 Office of the President, the President shall transmit

16 the report to each of the Chairman and the ranking

17 minority party member of the Committee on Govern18 ment Reform and Oversight of the House of Rep19 resentatives and the Committee on Governmental

20 Affairs of the Senate with any comments the Presi21 dent considers appropriate.’’.
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1 (d) EFFECTIVE DATE.—This section shall take effect

2 on January 21, 1997.

Passed the House of Representatives September 24,

1996.

Attest: ROBIN H. CARLE,

Clerk.