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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3452

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 1996

    Mr. Mica (for himself, Mr. Clinger, Mr. Horn, Mr. Bachus, Mrs. 
    Seastrand, Mr. Solomon, Mr. Norwood, Mr. Weldon of Florida, Mr. 
Kingston, Mr. Hayworth, Mr. Burr, Mr. Ensign, Mr. Sam Johnson of Texas, 
 Mr. Duncan, Mr. Gilman, Mr. Bass, Ms. Greene of Utah, Mr. Kolbe, Mr. 
  Wamp, Mr. Zeliff, Mr. Inglis of South Carolina, Mr. Hostettler, Mr. 
  LaHood, Mr. Chambliss, Mrs. Kelly, Mr. English of Pennsylvania, Mr. 
    Schiff, Mr. McCollum, Mr. Cox of California, Mr. Chrysler, Mr. 
Christensen, Mr. Lazio of New York, Mr. Forbes, Mr. Lewis of Kentucky, 
Mr. Coble, Mr. Miller of Florida, Mr. Saxton, Mr. Barton of Texas, Ms. 
 Pryce, Mr. Riggs, Mr. Pombo, Mr. Collins of Georgia, Mr. Everett, Mr. 
Doolittle, Mr. Lightfoot, Mr. Ehlers, Mr. Talent, Mr. Skeen, Mr. Watts 
  of Oklahoma, Mr. Castle, Mr. Dreier, Mr. Hastert, Mr. Emerson, Mr. 
  Smith of Michigan, Mr. Upton, Mr. Deal of Georgia, Mr. Calvert, Mr. 
Livingston, Mr. Torkildsen, Mr. McCrery, Mr. Tate, Mr. Hoke, Mr. Hayes, 
  Mr. Funderburk, Mr. Cooley of Oregon, Mr. Bartlett of Maryland, Mr. 
  Crapo, Mr. Campbell, Mr. Manzullo, Mr. Hastings of Washington, Mr. 
Dornan, Mr. Jones, Mr. Portman, Mr. Fawell, Mr. Burton of Indiana, Mr. 
   Roberts, Mr. Sanford, Mr. Tiahrt, Mr. McIntosh, Mr. Shadegg, Mr. 
Heineman, Mr. Brownback, Mr. Rohrabacher, Mr. Bryant of Tennessee, Mr. 
 Largent, Mr. Souder, Mr. Davis, Mr. Roth, Mr. Tauzin, Mr. Graham, Mr. 
Baker of California, Mr. Nethercutt, Mr. McDade, Mrs. Meyers of Kansas, 
Mr. Fox of Pennsylvania, Mrs. Johnson of Connecticut, Mr. Neumann, Mr. 
Kim, Mr. Foley, Mr. Allard, Mr. Herger, Mr. Stearns, Mr. Lipinski, Mr. 
Schaefer, Mr. Diaz-Balart, Mr. Shays, and Mr. Taylor of North Carolina) 
 introduced the following bill; which was referred to the Committee on 
 Government Reform and Oversight, and in addition to the Committees on 
 Economic and Educational Opportunities, the Judiciary, and Veterans' 
Affairs, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    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. Financial officers within the Executive Office of the 
                            President.
Sec. 4. Amendment to definition of ``special government employee''.
Sec. 5. Applicability of future employment laws.
Sec. 6. Amendments to the Congressional Accountability Act of 1995.
Sec. 7. Repeal of section 320 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.
        ``Sec. 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

        ``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.
        ``Sec. 412. Rights and protections under the Family and Medical 
                            Leave Act of 1993.
        ``Sec. 413. Rights and protections under the Fair Labor 
                            Standards Act of 1938.
        ``Sec. 414. Rights and protections under the Employee Polygraph 
                            Protection Act of 1988.
        ``Sec. 415. Rights and protections under the Worker Adjustment 
                            and Retraining Notification Act.
        ``Sec. 416. Rights and protections relating to veterans' 
                            employment and reemployment.
        ``Sec. 417. Prohibition of intimidation or reprisal.
      ``Part B--Public Access Provisions Under the Americans With 
                        Disabilities Act of 1990

        ``Sec. 420. Rights and protections under the Americans with 
                            Disabilities Act of 1990.
          ``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.
                  ``Part D--Labor-Management Relations

        ``Sec. 430. Application of chapter 71 of title 5, relating to 
                            Federal service labor-management relations; 
                            procedures for remedy of violations.
                           ``Part E--General

        ``Sec. 435. Generally applicable remedies and limitations.
   ``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION 
                               PROCEDURES

        ``Sec. 451. Procedure for consideration of alleged violations.
        ``Sec. 452. Counseling and mediation.
        ``Sec. 453. Election of proceeding.
        ``Sec. 454. Appropriate agencies.
        ``Sec. 455. Judicial review.
        ``Sec. 456. Civil action.
        ``Sec. 457. Judicial review of regulations.
        ``Sec. 458. Other judicial review prohibited.
        ``Sec. 459. Effect of failure to issue regulations.
        ``Sec. 460. Expedited review of certain appeals.
        ``Sec. 461. Payments.
        ``Sec. 462. Confidentiality.
        ``Sec. 463. Definitions.
                    ``SUBCHAPTER IV--EFFECTIVE DATE

        ``Sec. 471. Effective date.

                   ``Subchapter I--General Provisions

``SEC. 401. DEFINITIONS.

    ``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.

``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 remedy as would be appropriate if 
                awarded under section 706(g) of the Civil Rights Act of 
                1964; and
                    ``(B) such compensatory or punitive 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 remedy 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 remedy 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 or punitive 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) 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.

``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.

``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.--For the purposes of this section, the term 
        `covered employee' does not include an intern 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 remedy, 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 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 
        subsection (a) except insofar as the President 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 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.

``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 remedy 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 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 insofar as the President 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.

``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') does not succeed himself in 
                office as a result of the election of a new President, 
                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.
                    ``(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 remedy 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 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 subsection (a) except 
        insofar as the President 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.

``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 remedy as would be appropriate if awarded under paragraphs (1), 
(2)(A), and (3) of section 4323(c) of title 38.
    ``(c) Regulations To Implement Section.--
            ``(1) In general.--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 subsection (a) except to 
        the extent that the President 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.

``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 or equitable 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).
    ``(c) Definitions.--For purposes of applying this section with 
respect to any practice or other matter to which section 411 relates, 
the terms `employing office' and `covered employee' shall each be 
considered to have the meaning given to it by such section.

      ``PART B--PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH 
                        DISABILITIES ACT OF 1990

``SEC. 420. 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 appropriate if 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.

          ``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 he intends 
                to contest the citation or notification; or
                    ``(B) opportunity for a hearing before the 
                Occupational Safety and Health Review Commission shall 
                be afforded in accordance with section 10(c) of the 
                Occupational Safety and Health Act of 1970, if the 
                employer gives timely notice to the Secretary that he 
                intends to contest the citation or notification.
            ``(4) Variance procedures.--An employing office may request 
        from the Secretary of Labor an order granting a variance from a 
        standard made applicable by this section, in accordance with 
        sections 6(b)(6) and 6(d) of the Occupational Safety and Health 
        Act of 1970.
            ``(5) Judicial review.--Any person or employing office 
        aggrieved by a final decision of the Occupational Safety and 
        Health Review Commission under paragraph (3) or the Secretary 
        of Labor under (4) may file a petition for review with the 
        United States Court of Appeals for the Federal Circuit pursuant 
        to section 455.
            ``(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 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 subsection (a) except to 
        the extent that the President 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) 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.

                  ``PART D--LABOR-MANAGEMENT RELATIONS

``SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RELATING TO FEDERAL 
              SERVICE LABOR-MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY 
              OF VIOLATIONS.

    ``(a) Labor-Management Rights.--Chapter 71 of title 5 shall apply 
to employing offices and to covered employees and representatives of 
those employees.
    ``(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.

                           ``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 420, is a prevailing party in any 
proceeding under section 453(1), 455, or 456, the administrative agency 
or court, as the case may be, 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), 455, or 
456, 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.
            ``(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) Definitions Relating to Section 411.--For purposes of 
applying this section with respect to any practice or other matter to 
which section 411 relates, the terms `employing office' and `covered 
employee' shall each be considered to have the meaning given to it by 
such section.

   ``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 455; or
                    ``(B) a civil action in a district court of the 
                United States as provided in section 456.

``SEC. 452. COUNSELING AND MEDIATION.

    ``(a) In General.--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 administrative 
        agency, as determined under section 454; or
            ``(2) file a civil action in accordance with section 456 in 
        the United States district court for the district in which the 
        employee is employed or for the District of Columbia.

``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.
    ``(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 other Federal employee.
            ``(2) Mixed cases.--However, in the case of any covered 
        employee (within the meaning of section 411(c)(1)) 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 the court specified in 
        section 455.

``SEC. 455. JUDICIAL REVIEW.

    ``(a) In General.--The United States Court of Appeals for the 
Federal Circuit shall have jurisdiction over a petition for review of a 
final decision under this chapter of--
            ``(1) an appropriate agency (as determined under section 
        454);
            ``(2) the Federal Labor Relations Authority under chapter 
        71 of title 5, notwithstanding section 7123 of such title; or
            ``(3) the Secretary of Labor or the Occupational Safety and 
        Health Review Commission, made under part C of subchapter II.
    ``(b) Filing Deadline.--Any petition for review under this section 
must be filed within 30 days after the date the petitioner receives 
notice of the final decision.

``SEC. 456. CIVIL ACTION.

    ``(a) Jurisdiction.--The district courts of the United States shall 
have jurisdiction over any civil action commenced under section 453(2) 
and this section by a covered employee.
    ``(b) Parties.--The defendant shall be the employing office alleged 
to have committed the violation, or in which the violation is alleged 
to have occurred.
    ``(c) Jury Trial.--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 this chapter. In any case in which 
a violation of section 411 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).

``SEC. 457. JUDICIAL REVIEW OF REGULATIONS.

    ``In any proceeding brought under section 455 or 456 in which the 
application of a regulation issued under this chapter 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. 458. OTHER JUDICIAL REVIEW PROHIBITED.

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

``SEC. 459. EFFECT OF FAILURE TO ISSUE REGULATIONS.

    ``In any proceeding under section 453(1), 455, or 456, if the 
President has not issued a regulation on a matter for which this 
chapter requires a regulation to be issued, the administrative agency 
or court, as the case may be, 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. 460. 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 this chapter.
    ``(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. 461. 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 
        such office, if it arises out of an administrative proceeding 
        under this chapter (or any appeal therefrom).

``SEC. 462. 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.

``SEC. 463. DEFINITIONS.

    ``For purposes of applying this subchapter, the terms `employing 
office' and `covered employee' shall each, to the extent that section 
411 is involved, be considered to have the meaning given to it by such 
section.

                    ``Subchapter IV--Effective Date

``SEC. 471. EFFECTIVE DATE.

    ``This chapter shall take effect 1 year after the date of the 
enactment of the Presidential and Executive Office Accountability 
Act.''.
    (b) Regulations.--Appropriate measures shall be taken to ensure 
that any regulations needed to implement chapter 5 of title 3, United 
States Code, as amended by this section, shall be in effect by the 
effective date of such chapter.
    (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.''.

SEC. 3. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OFFICE OF THE 
              PRESIDENT.

    (a) Chief Financial Officer.--Section 901 of title 31, United 
States Code, is amended by adding at the end the following:
    ``(c)(1) There shall be within the Executive Office of the 
President a Chief Financial Officer, who shall be appointed by the 
President from among individuals meeting the standards described in 
subsection (a)(3).
    ``(2) The Chief Financial Officer under this subsection shall have 
the same authority and shall perform the same functions as apply in the 
case of a Chief Financial Officer under section 902.
    ``(3) The Director of the Office of Management and Budget shall 
prescribe any regulations which may be necessary to ensure that, for 
purposes of implementing paragraph (2), the Executive Office of the 
President shall, to the extent practicable and appropriate, be treated 
(including for purposes of financial statements under section 3515) in 
the same way as an agency described in subsection (b).''.
    (b) Deputy Chief Financial Officer.--Section 903 of title 31, 
United States Code, is amended by adding at the end the following:
    ``(c)(1) There shall be within the Executive Office of the 
President a Deputy Chief Financial Officer, who, notwithstanding any 
provision of subsection (b), shall be appointed by the President from 
among individuals meeting the standards described in section 901(a)(3).
    ``(2) The Deputy Chief Financial Officer under this subsection 
shall have the same authority and shall perform the same functions as 
apply in the case of the Deputy Chief Financial Officer of an agency 
described in subsection (b).''.
    (c) Technical and Conforming Amendments.--
            (1) Title 31, united states code.--Section 503(a) of title 
        31, United States Code, is amended--
                    (A) in paragraph (7) by striking ``respectively.'' 
                and inserting ``respectively (excluding any officer 
                appointed under section 901(c) or 903(c)).''; and
                    (B) in paragraph (8) by striking ``Officers.'' and 
                inserting ``Officers (excluding any officer appointed 
                under section 901(c) or 903(c)).''.
            (2) Designation of agency head.--The President shall 
        designate an employee of the Executive Office of the President 
        (other than the Chief Financial Officer or Deputy Chief 
        Financial Officer appointed under the amendments made 
by subsections (a) and (b), respectively), who shall be deemed ``the 
head of the agency'' for purposes of carrying out section 902 of title 
31, United States Code, with respect to the Executive Office of the 
President.

SEC. 4. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.

    (a) In General.--Section 202 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(e) For purposes of the first sentence of subsection (a), an 
individual shall be considered `retained, designated, appointed, or 
employed' by the Executive Office of the President if such individual--
            ``(1) is retained, designated, appointed, or employed by 
        the President or the Vice President, or any other authorized 
        individual (including the spouse of the President or the Vice 
        President), to provide advice, counsel, or recommendations to 
        employees of the Executive Office of the President; and
            ``(2)(A) is furnished the use (exclusive or otherwise) of 
        an office or equipment at Government expense;
            ``(B) owns at least 10 percent of the outstanding capital 
        stock of a corporation, or an equivalent interest in any other 
        entity, that such individual knows or reasonably should know is 
        doing business or attempting to do business with the United 
        States Government;
            ``(C) is a lobbyist, within the meaning of section 3(10) of 
        the Lobbying Disclosure Act of 1995; or
            ``(D) provides advice, counsel, or recommendations on any 
        of the following:
                    ``(i) Personnel, organization, or reorganization of 
                the Executive Office of the President.
                    ``(ii) The contracting or privatization of any 
                function of the United States Government.
                    ``(iii) Contracts to provide goods or services to 
                the United States Government.
                    ``(iv) Congressional hearings or proceedings.''.

SEC. 5. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

    Each Federal law governing employment in the private sector, 
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 amended by this Act), unless such law 
specifically provides otherwise and expressly cites this section.

SEC. 6. AMENDMENTS TO THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.

    (a) In General.--The Congressional Accountability Act of 1995 
(Public Law 104-1; 2 U.S.C. 1301 et seq.) is amended--
            (1) in paragraphs (1)(B) and (3)(B) of section 201(b) by 
        inserting ``or punitive'' after ``compensatory''; and
            (2) in section 225(c) by striking ``No'' and inserting 
        ``Except as expressly provided in this Act, no''.
    (b) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act, and the amendments made by this 
section shall apply with respect to actions brought on or after the 
effective date of this section.

SEC. 7. REPEAL OF SECTION 320 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 
              1991.

    (a) In General.--Section 320 of the Government Employee Rights Act 
of 1991 is repealed.
    (b) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.
    (c) Savings Provision.--The repeal under this section shall not 
affect proceedings in which the 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.
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