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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Enrolled Bill (ENR)]

        H.R.3452

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
     To make certain laws applicable to the Executive Office of the 
                   President, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Presidential and 
Executive Office Accountability Act''.
    (b) Table of Contents.--The table of contents for 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. Applicability of future employment laws.
Sec. 5. Repeal of section 303 of the Government Employee Rights Act of 
          1991.
SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
OFFICES.
    (a) In General.--Title 3, United States Code, is amended by adding 
at the end the following:

      ``CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO 
                          PRESIDENTIAL 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.
``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

``421. 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

``431. 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 DISPUTE RESOLUTION 
                               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.

                     ``SUBCHAPTER IV--EFFECTIVE DATE

``471. Effective date.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec. 401. Definitions.

    ``(a) In General.--Except as otherwise specifically provided in 
this chapter, as used in this chapter:
        ``(1) Board.--The term `Board' means the Merit Systems 
    Protection Board under chapter 12 of title 5.
        ``(2) Covered employee.--The term `covered employee' means any 
    employee of an employing office.
        ``(3) Employee.--The term `employee' includes an applicant for 
    employment and a former employee.
        ``(4) Employing office.--The term `employing office' means--
            ``(A) each office, agency, or other component of the 
        Executive Office of the President;
            ``(B) the Executive Residence at the White House; and
            ``(C) the official residence (temporary or otherwise) of 
        the Vice President.
    ``(b) Definitions Relating to Certain Matters.--For purposes of 
applying this chapter with respect to any practice or other matter--
        ``(1) to which section 411 relates, the terms `employing 
    office' and `covered employee' shall each be considered to have the 
    meaning given to the term by such section;
        ``(2) to which section 412 relates, the term `covered employee' 
    means a covered employee described in section 412(a)(2)(B);
        ``(3) to which section 413 relates, the term `covered employee' 
    excludes interns and volunteers, as described in section 413(a)(2); 
    and
        ``(4) to which section 416 relates, the term `covered employee' 
    means a covered employee described in section 416(a)(2).

``Sec. 402. Application of laws

    ``The following laws shall apply, as prescribed by this chapter, to 
all employing offices (including employing offices within the meaning 
of section 411, to the extent prescribed therein):
        ``(1) The Fair Labor Standards Act of 1938.
        ``(2) Title VII of the Civil Rights Act of 1964.
        ``(3) The Americans with Disabilities Act of 1990.
        ``(4) The Age Discrimination in Employment Act of 1967.
        ``(5) The Family and Medical Leave Act of 1993.
        ``(6) The Occupational Safety and Health Act of 1970.
        ``(7) Chapter 71 (relating to Federal service labor-management 
    relations) of title 5.
        ``(8) The Employee Polygraph Protection Act of 1988.
        ``(9) The Worker Adjustment and Retraining Notification Act.
        ``(10) The Rehabilitation Act of 1973.
        ``(11) Chapter 43 (relating to veterans' employment and 
    reemployment) of title 38.

          ``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

``Sec. 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
    ``(a) Discriminatory Practices Prohibited.--All personnel actions 
affecting covered employees shall be made free from any discrimination 
based on--
        ``(1) race, color, religion, sex, or national origin, within 
    the meaning of section 703 of the Civil Rights Act of 1964;
        ``(2) age, within the meaning of section 15 of the Age 
    Discrimination in Employment Act of 1967; or
        ``(3) disability, within the meaning of section 501 of the 
    Rehabilitation Act of 1973 and sections 102 through 104 of the 
    Americans with Disabilities Act of 1990.
    ``(b) Remedy.--
        ``(1) Civil rights.--The remedy for a violation of subsection 
    (a)(1) shall be--
            ``(A) such damages as would be appropriate if awarded under 
        section 706(g) of the Civil Rights Act of 1964; and
            ``(B) such compensatory damages as would be appropriate if 
        awarded under section 1977 of the Revised Statutes, or as would 
        be appropriate if awarded under sections 1977A(a)(1), 
        1977A(b)(2), and, irrespective of the size of the employing 
        office, 1977A(b)(3)(D) of the Revised Statutes.
        ``(2) Age discrimination.--The remedy for a violation of 
    subsection (a)(2) shall be--
            ``(A) such damages as would be appropriate if awarded under 
        section 15(c) of the Age Discrimination in Employment Act of 
        1967; and
            ``(B) such liquidated damages as would be appropriate if 
        awarded under section 7(b) of such Act.
    ``In addition, the waiver provisions of section 7(f) of such Act 
    shall apply to covered employees.
        ``(3) Disabilities discrimination.--The remedy for a violation 
    of subsection (a)(3) shall be--
            ``(A) such damages as would be appropriate if awarded under 
        section 505(a)(1) of the Rehabilitation Act of 1973 or section 
        107(a) of the Americans with Disabilities Act of 1990; and
            ``(B) such compensatory damages as would be appropriate if 
        awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), 
        and, irrespective of the size of the employing office, 
        1977A(b)(3)(D) of the Revised Statutes.
    ``(c) Definitions.--Except as otherwise specifically provided in 
this section, as used in this section:
        ``(1) Covered employee.--The term `covered employee' means any 
    employee of a unit of the executive branch, including the Executive 
    Office of the President, whether appointed by the President or by 
    any other appointing authority in the executive branch, who is not 
    otherwise entitled to bring an action under any of the statutes 
    referred to in subsection (a), but does not include any 
    individual--
            ``(A) whose appointment is made by and with the advice and 
        consent of the Senate;
            ``(B) who is appointed to an advisory committee, as defined 
        in section 3(2) of the Federal Advisory Committee Act; or
            ``(C) who is a member of the uniformed services.
        ``(2) Employing office.--The term `employing office', with 
    respect to a covered employee, means the office, agency, or other 
    entity in which the covered employee is employed (or sought 
    employment or was employed in the case of an applicant or former 
    employee, respectively).
    ``(d) Regulations To Implement Section.--
        ``(1) In general.--The President, or the designee of the 
    President, shall issue regulations to implement paragraphs (1) and 
    (3) of subsection (a) and paragraphs (1) and (3) of subsection (b).
        ``(2) Agency regulations.--The regulations issued under 
    paragraph (1) shall be the same as substantive regulations 
    promulgated by the appropriate officer of an executive agency to 
    implement the statutory provisions referred to in paragraphs (1) 
    and (3) of subsection (a) and paragraphs (1) and (3) of subsection 
    (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 717 of the Civil Rights Act of 
        1964 or section 501 of the Rehabilitation Act of 1973 that 
        applies to employees in the executive branch of the Federal 
        Government in lieu of an analogous statutory provision referred 
        to in paragraph (1) or (3) of subsection (a) or paragraph (1) 
        or (3) of subsection (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.
    ``(e) Applicability.--Subsections (a) through (c), and section 417 
(to the extent that it relates to any matter under this section), shall 
apply with respect to violations occurring on or after the effective 
date of this chapter.
    ``(f) Effective Date.--This section shall take effect on October 1, 
1997.
``Sec. 412. Rights and protections under the Family and Medical Leave 
   Act of 1993
    ``(a) Family and Medical Leave Rights and Protections Provided.--
        ``(1) In general.--The rights and protections established by 
    sections 101 through 105 of the Family and Medical Leave Act of 
    1993 shall apply to covered employees.
        ``(2) Definitions.--For purposes of the application described 
    in paragraph (1)--
            ``(A) the term `employer' as used in the Family and Medical 
        Leave Act of 1993 means any employing office; and
            ``(B) the term `eligible employee' as used in the Family 
        and Medical Leave Act of 1993 means a covered employee who has 
        been employed in any employing office for 12 months and for at 
        least 1,250 hours of employment during the previous 12 months.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy, including liquidated damages, as would be appropriate 
if awarded under paragraph (1) of section 107(a) of the Family and 
Medical Leave Act of 1993.
    ``(c) 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 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 subchapter V of chapter 63 of title 5, 
        United States Code, that applies to employees in 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.
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
        ``(1) the effective date of regulations issued under subsection 
    (c); or
        ``(2) October 1, 1998.
``Sec. 413. Rights and protections under the Fair Labor Standards Act 
   of 1938
    ``(a) Fair Labor Standards.--
        ``(1) In general.--The rights and protections established by 
    subsections (a)(1) and (d) of section 6, section 7, and section 
    12(c) of the Fair Labor Standards Act of 1938 shall apply to 
    covered employees.
        ``(2) Interns and volunteers.--For the purposes of this 
    section, the term `covered employee' does not include an intern or 
    a volunteer as defined in regulations under subsection (c).
        ``(3) Compensatory time.--Except as provided in regulations 
    under subsection (c)(3), covered employees may not receive 
    compensatory time in lieu of overtime compensation.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such damages, including liquidated damages, as would be appropriate 
if awarded under section 16(b) of the Fair Labor Standards Act of 1938.
    ``(c) 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.--Except as provided in paragraph (3), 
    the regulations issued under paragraph (1) shall be the same as 
    substantive regulations promulgated by the Secretary of Labor to 
    implement the statutory provisions referred to in subsections (a) 
    and (b) 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.
        ``(3) Irregular work schedules.--The President or designee 
    shall issue regulations for covered employees whose work schedules 
    directly depend on the schedule of the President or the Vice 
    President that shall be comparable to the provisions in the Fair 
    Labor Standards Act of 1938 that apply to employees who have 
    irregular work schedules.
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
        ``(1) the effective date of regulations issued under subsection 
    (c); or
        ``(2) October 1, 1998.
``Sec. 414. Rights and protections under the Employee Polygraph 
   Protection Act of 1988
    ``(a) Polygraph Practices Prohibited.--No employing office may 
require a covered employee to take a lie detector test where such a 
test would be prohibited if required by an employer under paragraph 
(1), (2), or (3) of section 3 of the Employee Polygraph Protection Act 
of 1988. In addition, the waiver provisions of section 6(d) of such Act 
shall apply to covered employees.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such damages as would be appropriate if awarded under section 
6(c)(1) of the Employee Polygraph Protection Act of 1988.
    ``(c) 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 substantive regulations 
    promulgated by the Secretary of Labor to implement the statutory 
    provisions referred to in subsections (a) and (b) 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.
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
        ``(1) the effective date of regulations issued under subsection 
    (c); or
        ``(2) October 1, 1998.
``Sec. 415. Rights and protections under the Worker Adjustment and 
   Retraining Notification Act
    ``(a) Worker Adjustment and Retraining Notification Rights.--
        ``(1) In general.--Except as provided in paragraph (2), no 
    employing office shall be closed or mass layoff ordered within the 
    meaning of section 3 of the Worker Adjustment and Retraining 
    Notification Act until the end of a 60-day period after the 
    employing office serves written notice of such prospective closing 
    or layoff to representatives of covered employees or, if there are 
    no representatives, to covered employees.
        ``(2) Exception.--
            ``(A) In general.--In the event that a President 
        (hereinafter in this paragraph referred to as the `previous 
        President') is not elected to a successive term in office as a 
        result of the election of a new President--
                ``(i) no notice or waiting period shall be required 
            under paragraph (1) with respect to the separation of any 
            individual described in subparagraph (B), if such 
            separation occurs pursuant to a closure or mass layoff 
            ordered after the term of the new President commences; and
                ``(ii) if any individual is separated from service, or 
            begins a period of leave under the Family and Medical Leave 
            Act of 1993, before such term commences, nothing in this 
            chapter shall require reinstatement or restoration to 
            employment of the individual after such term commences.
            ``(B) Description of individuals.--An individual described 
        in this subparagraph is any covered employee serving pursuant 
        to an appointment made during--
                ``(i) the term of office of the previous President; or
                ``(ii) any term, earlier than the term referred to in 
            clause (i), during which such previous President served as 
            President or Vice President.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such damages as would be appropriate if awarded under paragraphs 
(1), (2), and (4) of section 5(a) of the Worker Adjustment and 
Retraining Notification Act.
    ``(c) 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 substantive regulations 
    promulgated by the Secretary of Labor to implement the statutory 
    provisions referred to in subsections (a) and (b) 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.
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
        ``(1) the effective date of regulations issued under subsection 
    (c); or
        ``(2) October 1, 1998.
``Sec. 416. Rights and protections relating to veterans' employment and 
   reemployment
    ``(a) Employment and Reemployment Rights of Members of the 
Uniformed Services.--
        ``(1) In general.--It shall be unlawful for an employing office 
    to--
            ``(A) discriminate, within the meaning of subsections (a) 
        and (b) of section 4311 of title 38, against an eligible 
        employee;
            ``(B) deny to an eligible employee reemployment rights 
        within the meaning of sections 4312 and 4313 of title 38; or
            ``(C) deny to an eligible employee benefits within the 
        meaning of sections 4316, 4317, and 4318 of title 38.
        ``(2) Definition.--For purposes of this section, the term 
    `eligible employee' means a covered employee performing service in 
    the uniformed services, within the meaning of section 4303(13) of 
    title 38, whose service has not been terminated upon the occurrence 
    of any of the events enumerated in section 4304 of such title.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such damages as would be appropriate if awarded under paragraphs (1) 
and (2)(A) of section 4323(c) of title 38.
    ``(c) 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 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 4314 or 4324 of title 38, 
        United States Code, that applies to employees in 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.
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
        ``(1) the effective date of regulations issued under subsection 
    (c); or
        ``(2) October 1, 1998.

``Sec. 417. Prohibition of intimidation or reprisal

    ``(a) In General.--It shall be unlawful for an employing office to 
intimidate, take reprisal against, or otherwise discriminate against, 
any covered employee because the covered employee has opposed any 
practice made unlawful by this chapter, or because the covered employee 
has initiated proceedings, made a charge, or testified, assisted, or 
participated in any manner in a hearing or other proceeding under this 
chapter.
    ``(b) Remedy.--A violation of subsection (a) may be remedied by any 
legal remedy available to redress the practice opposed by the covered 
employee or other violation of law as to which the covered employee 
initiated proceedings, made a charge, or engaged in other conduct 
protected under subsection (a).

      ``Part B--Public Access Provisions Under the Americans With 
                        Disabilities Act of 1990

``Sec. 421. Rights and protections under the Americans with 
   Disabilities Act of 1990
    ``(a) Rights and Protections.--The rights and protections against 
discrimination in the provision of public services and accommodations 
established by sections 201, 202, and 204, and sections 302, 303, and 
309, of the Americans with Disabilities Act of 1990 shall apply, to the 
extent that public services, programs, or activities are provided, with 
respect to the White House and its appurtenant grounds and gardens, the 
Old Executive Office Building, the New Executive Office Buildings, and 
any other facility to the extent that offices are provided for 
employees of the Executive Office of the President.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriateif awarded under section 203 or 
308 of the Americans with Disabilities Act of 1990, as the case may be, 
except that, with respect to any claim of employment discrimination, 
the exclusive remedy shall be under section 411 of this title. A remedy 
under the preceding sentence shall be enforced in accordance with 
applicable provisions of such section 203 or 308, as the case may be.
    ``(c) Definition.--For purposes of the application under this 
section of the Americans with Disabilities Act of 1990, the term 
`public entity' as used in such Act, means, to the extent that public 
services, programs, or activities are provided, the White House and its 
appurtenant grounds and gardens, the Old Executive Office Building, the 
New Executive Office Buildings, and any other facility to the extent 
that offices are provided for employees of the Executive Office of the 
President.
    ``(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 substantive regulations 
    promulgated by the appropriate officer of an executive agency 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 1, 2, 3, or 6 of the Act 
        entitled `An Act to insure that certain buildings financed with 
        Federal funds are so designed and constructed as to be 
        accessible to the physically handicapped', approved August 12, 
        1968 (commonly known as the `Architectural Barriers Act of 
        1968') or section 501 of the Rehabilitation Act of 1973 that 
        applies to agencies 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 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.

          ``Part C--Occupational Safety and Health Act of 1970

``Sec. 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 withsection 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 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.

                  ``Part D--Labor-Management Relations

``Sec. 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.
    ``(e) Effective Date.--
        ``(1) In general.--Except as provided in paragraph (2), 
    subsections (a) and (b) shall take effect on the earlier of--
            ``(A) the effective date of regulations issued under 
        subsection (c); or
            ``(B) October 1, 1998.
        ``(2) Certain employing offices.--Subsections (a) and (b) shall 
    take effect, with respect to employing offices, and employees of 
    employing offices, referred to in subsection (d)(2), on the earlier 
    of--
            ``(A) the effective date of regulations issued under 
        subsection (d); or
            ``(B) October 1, 1998.

                           ``Part E--General

``Sec. 435. Generally applicable remedies and limitations

    ``(a) Attorney's Fees.--If a covered employee, with respect to any 
claim under this chapter, or a qualified person with a disability, with 
respect to any claim under section 421, is a prevailing party in any 
proceeding under section 453(1), the administrative agency may award 
attorney's fees, expert fees, and any other costs as would be 
appropriate if awarded under section 706(k) of the Civil Rights Act of 
1964.
    ``(b) Interest.--In any proceeding under section 453(1), the same 
interest to compensate for delay in payment shall be made available as 
would be appropriate if awarded under section 717(d) of the Civil 
Rights Act of 1964.
    ``(c) Civil Penalties and Punitive Damages.--Except as otherwise 
provided in this chapter, no civil penalty or punitive damages may be 
awarded with respect to any claim under this chapter.
    ``(d) Exclusive Procedure.--
        ``(1) In general.--Except as provided in paragraph (2), no 
    person may commence an administrative or judicial proceeding to 
    seek a remedy for the rights and protections afforded by this 
    chapter except as provided in this chapter and in sections 1296 and 
    1346(g) and chapter 179 of title 28.
        ``(2) Veterans.--A covered employee under section 416 may also 
    utilize any provisions of chapter 43 of title 38 that are 
    applicable to that employee.
    ``(e) Scope of Remedy.--Only a covered employee who has undertaken 
and completed the procedures described in section 452 may be granted a 
remedy under part A of this subchapter.
    ``(f) Construction.--
        ``(1) Definitions and exemptions.--Except where inconsistent 
    with definitions and exemptions provided in this chapter, the 
    definitions and exemptions in the laws made applicable by this 
    chapter shall apply under this chapter.
        ``(2) Size limitations.--Notwithstanding paragraph (1), 
    provisions in the laws made applicable under this chapter (other 
    than paragraphs (2) and (3) of section 2(a) of the Worker 
    Adjustment and Retraining Notification Act) determining coverage 
    based on size, whether expressed in terms of numbers of employees, 
    amount of business transacted, or other measure, shall not apply in 
    determining coverage under this chapter.
    ``(g) Political Affiliation.--It shall not be a violation of any 
provision of this chapter to consider, or make any employment decision 
based on, the party affiliation, or political compatibility with the 
employing office, of an employee who is a covered employee.

   ``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION 
                               PROCEDURES

``Sec. 451. Procedure for consideration of alleged violations

    ``The procedure for consideration of alleged violations of part A 
of subchapter II consists of--
        ``(1) counseling and mediation as provided in section 452; and
        ``(2) election, as provided in section 453, of either--
            ``(A) an administrative proceeding as provided in section 
        453(1) and judicial review as provided in section 1296 of title 
        28; or
            ``(B) a civil action in a district court of the United 
        States as provided in section 1346(g) of title 28.

``Sec. 452. Counseling and mediation

    ``(a) In General.--The President, or the designee of the President, 
shall by regulation establish procedures substantially similar to those 
under sections 402 and 403 of the Congressional Accountability Act of 
1995 for the counseling and mediation of alleged violations of a law 
made applicable under part A of subchapter II.
    ``(b) Exhaustion Requirement.--A covered employee who has not 
exhausted counseling and mediation under subsection (a) shall be 
ineligible to make any election under section 453 or otherwise pursue 
any further form of relief under this subchapter.

``Sec. 453. Election of proceeding

    ``Not later than 90 days after a covered employee receives notice 
of the end of the period of mediation, but no sooner than 30 days after 
receipt of such notification, such covered employee may either--
        ``(1) file a complaint with the appropriate agency, as 
    determined under section 454; or
        ``(2) file a civil action under section 1346(g) of title 28.

``Sec. 454. Appropriate agencies

    ``(a) In General.--Except as provided in subsection (b), the 
appropriate agency under this section with respect to an alleged 
violation of part A of subchapter II shall be the Board. The complaint 
in an action involving such an alleged violation shall be processed 
under the procedures specified by the President, or the designee of the 
President, in such regulations as the President or designee may issue.
    ``(b) Exceptions.--
        ``(1) Discrimination.--For purposes of any action arising under 
    section 411 (or any action alleging intimidation, reprisal, or 
    discrimination under section 417 relating to any practice made 
    unlawful under section 411), the appropriate agency shall be the 
    Equal Employment Opportunity Commission, and the complaint in any 
    such action shall be processed under the same administrative 
    procedures as any such complaint filed by any employee in the 
    executive branch of the Federal Government (other than a covered 
    employee).
        ``(2) Mixed cases.--In the case of any covered employee (within 
    the meaning of section 411) who has been affected by an action 
    which an employee of an executive agency may appeal to the Board 
    and who alleges that a basis for the action was discrimination 
    prohibited by section 411 (or any action alleging intimidation, 
    reprisal, or discrimination under section 417 relating to any 
    practice made unlawful under section 411), the initial appropriate 
    agency shall be the Board, and such matter shall thereafter be 
    processed in accordance with section 7702(a)-(d) (disregarding 
    paragraph (2) of such subsection (a)) and (f) of title 5.
        ``(3) Judicial review.--Notwithstanding any other provision of 
    law (including any provision of law referenced in paragraph (1) or 
    (2)), judicial review of any administrative decision under this 
    subsection shall be by appeal to the United States Court of Appeals 
    for the Federal Circuit under section 1296 of title 28.

``Sec. 455. Effect of failure to issue regulations

    ``In any proceeding under section 453(1), if the President, or the 
designee of the President, has not issued a regulation on a matter for 
which this chapter requires a regulation to be issued, the 
administrative agency shall apply, to the extent necessary and 
appropriate, the most relevant substantive executive agency regulation 
promulgated to implement the statutory provision at issue in the 
proceeding.

``Sec. 456. Confidentiality

    ``(a) Counseling.--All counseling under section 452 shall be 
strictly confidential, except that, with the consent of the covered 
employee, the employing office may be notified.
    ``(b) Mediation.--All mediation under section 452 shall be strictly 
confidential.

                    ``SUBCHAPTER IV--EFFECTIVE DATE

``Sec. 471. Effective date

    ``(a) In General.--Except as otherwise provided in this chapter, 
this chapter shall take effect on October 1, 1997.
    ``(b) Regulations.--Sections 411(d), 412(c), 413(c), 414(c), 
415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a) 
shall take effect on the date of enactment of this Act.''.
    (b) Regulations.--Appropriate measures shall be taken to ensure 
that--
        (1) any regulations required to implement section 411 of title 
    3, United States Code, shall be in effect by October 1, 1997; and
        (2) any other regulations needed to implement chapter 5 of 
    title 3, United States Code, shall be in effect as soon as 
    practicable, but not later than October 1, 1998.
    (c) Technical Amendment.--The table of chapters for title 3, United 
States Code, is amended by adding at the end the following:

``5. Extension of Certain Rights and Protections to Presidential 
Offices...........................................................401''.

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

    (a) Circuit Court Jurisdiction.--
        (1) In general.--Chapter 83 of title 28, United States Code, is 
    amended by adding at the end the following:

``Sec. 1296. Review of certain agency actions

    ``(a) Jurisdiction.--Subject to the provisions of chapter 179, the 
United States Court of Appeals for the Federal Circuit shall have 
jurisdiction over a petition for review of a final decision under 
chapter 5 of title 3 of--
        ``(1) an appropriate agency (as determined under section 454 of 
    title 3);
        ``(2) the Federal Labor Relations Authority made under part D 
    of subchapter II of chapter 5 of title 3, notwithstanding section 
    7123 of title 5; or
        ``(3) the Secretary of Labor or the Occupational Safety and 
    Health Review Commission, made under part C of subchapter II of 
    chapter 5 of title 3.
    ``(b) Filing of Petition.--Any petition for review under this 
section must be filed within 30 days after the date the petitioner 
receives notice of the final decision.''.
        (2) Table of sections.--The table of sections for chapter 83 of 
    title 28, United States Code, is amended by adding at the end the 
    following:
``1296. Review of certain agency actions.''.

    (b) District Court Actions.--
        (1) Jurisdiction.--Section 1346 of title 28, United States 
    Code, is amended by adding at the end the following:
    ``(g) Subject to the provisions of chapter 179, the district courts 
of the United States shall have exclusive jurisdiction over any civil 
action commenced under section 453(2) of title 3, by a covered employee 
under chapter 5 of such title.''.
        (2) Venue.--
            (A) In general.--Chapter 37 of title 28, United States 
        Code, relating to venue, is amended by adding at the end the 
        following:

``Sec. 1413. Venue of cases under chapter 5 of title 3

    ``Notwithstanding the preceding provisions of this chapter, a civil 
action under section 1346(g) may be brought in the United States 
district court for the district in which the employee is employed or in 
the United States District Court for the District of Columbia.''.
            (B) Table of sections.--The table of sections for chapter 
        37 of title 28, United States Code, relating to venue, is 
        amended by adding at the end the following:
``1413. Venue of cases under chapter 5 of title 3.''.

        (3) Jury trials.--Section 2402 of title 28, United States Code 
    (relating to jury trials), is amended by striking ``Any action'' 
    and inserting ``Subject to chapter 179 of this title, any action''.
    (c) Procedure.--Part VI of title 28, United States Code, is amended 
by adding at the end the following new chapter:

   ``Chapter 179--Judicial Review of Certain Actions by Presidential 
                                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.

``Sec. 3901. Civil actions

    ``(a) Parties.--In an action under section 1346(g) of this title, 
the defendant shall be the employing office alleged to have committed 
the violation involved.
    ``(b) Jury Trial.--In an action described in subsection (a), any 
party may demand a jury trial where a jury trial would be available in 
an action against a private defendant under the relevant law made 
applicable by chapter 5 of title 3. In any case in which a violation of 
section 411 of title 3 is alleged, the court shall not inform the jury 
of the maximum amount of compensatory damages available under section 
411(b)(1) or 411(b)(3) of title 3.

``Sec. 3902. Judicial review of regulations

    ``In any proceeding under section 1296 or 1346(g) of this title in 
which the application of a regulation issued under chapter 5 of title 3 
is at issue, the court may review the validity of the regulation in 
accordance with the provisions of subparagraphs (A) through (D) of 
section 706(2) of title 5. If the court determines that the regulation 
is invalid, the court shall apply, to the extent necessary and 
appropriate, the most relevant substantive executive agency regulation 
promulgated to implement the statutory provisions with respect to which 
the invalid regulation was issued. Except as provided in this section, 
the validity of regulations issued under this chapter is not subject to 
judicial review.

``Sec. 3903. Effect of failure to issue regulations

    ``In any proceeding under section 1296 or 1346(g) of this title, if 
the President, the designee of the President, or the Federal Labor 
Relations Authority has not issued a regulation on a matter for which 
chapter 5 of title 3 requires a regulation to be issued, the court 
shall apply, to the extent necessary and appropriate, the most relevant 
substantive executive agency regulation promulgated to implement the 
statutory provision at issue in the proceeding.

``Sec. 3904. Expedited review of certain appeals

    ``(a) In General.--An appeal may be taken directly to the Supreme 
Court of the United States from any interlocutory or final judgment, 
decree, or order of a court upon the constitutionality of any provision 
of chapter 5 of title 3.
    ``(b) Jurisdiction.--The Supreme Court shall, if it has not 
previously ruled on the question, accept jurisdiction over the appeal 
referred to in subsection (a), advance the appeal on the docket, and 
expedite the appeal to the greatest extent possible.

``Sec. 3905. Attorney's fees and interest

    ``(a) Attorney's Fees.--If a covered employee, with respect to any 
claim under chapter 5 of title 3, or a qualified person with a 
disability, with respect to any claim under section 421 of title 3, is 
a prevailing party in any proceeding under section 1296 or section 
1346(g), the court may award attorney's fees, expert fees, and any 
other costs as would be appropriate if awarded under section 706(k) of 
the Civil Rights Act of 1964.
    ``(b) Interest.--In any proceeding under section 1296 or section 
1346(g), the same interest to compensate for delay in payment shall be 
made available as would be appropriate if awarded under section 717(d) 
of the Civil Rights Act of 1964.
    ``(c) Punitive Damages.--Except as otherwise provided in chapter 5 
of title 3, no punitive damages may be awarded with respect to any 
claim under chapter 5 of title 3.

``Sec. 3906. Payments

    ``A judgment, award, or compromise settlement against the United 
States under this chapter (including any interest and costs) shall be 
paid--
        ``(1) under section 1304 of title 31, if it arises out of an 
    action commenced in a district court of the United States (or any 
    appeal therefrom); or
        ``(2) out of amounts otherwise appropriated or available to the 
    office involved, if it arises out of an appeal from an 
    administrative proceeding under chapter 5 of title 3.

``Sec. 3907. Other judicial review prohibited

    ``Except as expressly authorized by this chapter and chapter 5 of 
title 3, the compliance or noncompliance with the provisions of chapter 
5 of title 3, and any action taken pursuant to chapter 5 of title 3, 
shall not be subject to judicial review.

``Sec. 3908. Definitions.

    ``For purposes of applying this chapter, the terms `employing 
office' and `covered employee' have the meanings given those terms in 
section 401 of title 3.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1997.
    (e) Conforming Amendments.--The table of chapters for part VI of 
title 28, United States Code, is amended by adding at the end the 
following:

``179. Judicial Review of Certain Actions by Presidential Offices3901''.

SEC. 4. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

    (a) In General.--Each provision of Federal law that is made 
applicable to the legislative branch under section 102 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1302), and that is 
enacted later than 12 months after the date of the enactment of this 
Act, shall be deemed to apply with respect to ``employing offices'' and 
``covered employees'' (within the meaning of section 401 of title 3, 
United States Code, as added by this Act), unless such law specifically 
provides otherwise and expressly cites this section.
    (b) Regulations.--
        (1) In general.--The President, or the designee of the 
    President, shall issue regulations to implement such provision.
        (2) Agency regulations.--The regulations issued under paragraph 
    (1) to implement a provision shall be the same as substantive 
    regulations promulgated by the head of the appropriate executive 
    agency to implement the provision, 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 the section.
SEC. 5. REPEAL OF SECTION 303 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 
1991.
    (a) In General.--Section 303 of the Government Employee Rights Act 
of 1991 (as redesignated by section 504(a)(3) of the Congressional 
Accountability Act of 1995) is repealed.
    (b) Effective Date.--This section shall take effect on October 1, 
1997.
    (c) Savings Provision.--The repeal under this section shall not 
affect proceedings under such section 303 in which a complaint was 
filed before the effective date of this section, and orders shall be 
issued in such proceedings and appeals shall be taken therefrom as if 
this section had not been enacted.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```