I

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
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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.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘Presidential and Executive Office Accountability Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 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.

8 SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTEC9 TIONS TO PRESIDENTIAL OFFICES.

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

11 amended by adding at the end the following:

12 ‘‘CHAPTER 5—EXTENSION OF CERTAIN

13 RIGHTS AND PROTECTIONS TO PRESI14 DENTIAL OFFICES

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec. 401. Definitions.
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‘‘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 DISPUTERESOLUTION 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.
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‘‘Sec. 460. Expedited review of certain appeals.

‘‘Sec. 461. Payments.

‘‘Sec. 462. Confidentiality.

‘‘Sec. 463. Definitions.

‘‘SUBCHAPTER IV—EFFECTIVE DATE

‘‘Sec. 471. Effective date.

1 ‘‘Subchapter I—General Provisions

2 ‘‘SEC. 401. DEFINITIONS.

3 ‘‘Except as otherwise specifically provided in this

4 chapter, as used in this chapter:

5 ‘‘(1) BOARD.—The term ‘Board’ means the

6 Merit Systems Protection Board under chapter 12 of

7 title 5.

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

9 employee’ means any employee of an employing of10 fice.

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

12 an applicant for employment and a former employee.

13 ‘‘(4) EMPLOYING OFFICE.—The term ‘employ14 ing office’ means—

15 ‘‘(A) each office, agency, or other compo16 nent of the Executive Office of the President;

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

18 House; and

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

20 otherwise) of the Vice President.
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1 ‘‘SEC. 402. APPLICATION OF LAWS.

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

3 chapter, to all employing offices (including employing of4 fices within the meaning of section 411, to the extent pre5 scribed therein):

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

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

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

9 1990.

10 ‘‘(4) The Age Discrimination in Employment

11 Act of 1967.

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

13 1993.

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

15 of 1970.

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

17 labor-management relations) of title 5.

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

19 1988.

20 ‘‘(9) The Worker Adjustment and Retraining

21 Notification Act.

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

23 ‘‘(11) Chapter 43 (relating to veterans’ employ24 ment and reemployment) of title 38.
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1 ‘‘Subchapter II—Extension of Rights and

2 Protections

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

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

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

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

12 THE REHABILITATION ACT OF 1973, AND

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

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

16 personnel actions affecting covered employees shall be

17 made free from any discrimination based on—

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

19 within the meaning of section 703 of the Civil

20 Rights Act of 1964;

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

22 the Age Discrimination in Employment Act of 1967;

23 or

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

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

2 Act of 1990.

3 ‘‘(b) REMEDY.—

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

6 ‘‘(A) such remedy as would be appropriate

7 if awarded under section 706(g) of the Civil

8 Rights Act of 1964; and

9 ‘‘(B) such compensatory or punitive dam10 ages as would be appropriate if awarded under

11 section 1977 of the Revised Statutes, or as

12 would be appropriate if awarded under sections

13 1977A(a)(1), 1977A(b)(2), and, irrespective of

14 the size of the employing office,

15 1977A(b)(3)(D) of the Revised Statutes.

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

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

18 ‘‘(A) such remedy as would be appropriate

19 if awarded under section 15(c) of the Age Dis20 crimination in Employment Act of 1967; and

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

22 appropriate if awarded under section 7(b) of

23 such Act.

24 In addition, the waiver provisions of section 7(f) of

25 such Act shall apply to covered employees.
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1 ‘‘(3) DISABILITIES DISCRIMINATION.—The rem2 edy for a violation of subsection (a)(3) shall be—

3 ‘‘(A) such remedy as would be appropriate

4 if awarded under section 505(a)(1) of the Reha5 bilitation Act of 1973 or section 107(a) of the

6 Americans with Disabilities Act of 1990; and

7 ‘‘(B) such compensatory or punitive dam8 ages as would be appropriate if awarded under

9 sections 1977A(a)(2), 1977A(a)(3),

10 1977A(b)(2), and, irrespective of the size of the

11 employing office, 1977A(b)(3)(D) of the Re12 vised Statutes.

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

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

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

16 employee’ means any employee of a unit of the exec17 utive branch, including the Executive Office of the

18 President, whether appointed by the President or by

19 any other appointing authority in the executive

20 branch, who is not otherwise entitled to bring an ac21 tion under any of the statutes referred to in sub22 section (a), but does not include any individual—

23 ‘‘(A) whose appointment is made by and

24 with the advice and consent of the Senate;
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1 ‘‘(B) who is appointed to an advisory com2 mittee, as defined in section 3(2) of the Federal

3 Advisory Committee Act; or

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

5 services.

6 ‘‘(2) EMPLOYING OFFICE.—The term ‘employ7 ing office’, with respect to a covered employee,

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

9 the covered employee is employed (or sought employ10 ment or was employed in the case of an applicant or

11 former employee, respectively).

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

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

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

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

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

17 AND MEDICAL LEAVE ACT OF 1993.

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

19 PROTECTIONS PROVIDED.—

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

21 established by sections 101 through 105 of the Fam22 ily and Medical Leave Act of 1993 shall apply to

23 covered employees.

24 ‘‘(2) DEFINITIONS.—For purposes of the appli25 cation described in paragraph (1)—
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1 ‘‘(A) the term ‘employer’ as used in the

2 Family and Medical Leave Act of 1993 means

3 any employing office; and

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

5 in the Family and Medical Leave Act of 1993

6 means a covered employee who has been em7 ployed in any employing office for 12 months

8 and for at least 1,250 hours of employment

9 during the previous 12 months.

10 ‘‘(b) REMEDY.—The remedy for a violation of sub11 section (a) shall be such remedy, including liquidated dam12 ages, as would be appropriate if awarded under paragraph

13 (1) of section 107(a) of the Family and Medical Leave

14 Act of 1993.

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

16 LABOR STANDARDS ACT OF 1938.

17 ‘‘(a) FAIR LABOR STANDARDS.—

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

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

20 6, section 7, and section 12(c) of the Fair Labor

21 Standards Act of 1938 shall apply to covered em22 ployees.

23 ‘‘(2) INTERNS.—For the purposes of this sec24 tion, the term ‘covered employee’ does not include an

25 intern as defined in regulations under subsection (c).
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1 ‘‘(3) COMPENSATORY TIME.—Except as pro2 vided in regulations under subsection (c)(3), covered

3 employees may not receive compensatory time in lieu

4 of overtime compensation.

5 ‘‘(b) REMEDY.—The remedy for a violation of sub6 section (a) shall be such remedy, including liquidated dam7 ages, as would be appropriate if awarded under section

8 16(b) of the Fair Labor Standards Act of 1938.

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

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

11 regulations to implement this section.

12 ‘‘(2) AGENCY REGULATIONS.—Except as pro13 vided in paragraph (3), the regulations issued under

14 paragraph (1) shall be the same as substantive regu15 lations promulgated by the Secretary of Labor to

16 implement the statutory provisions referred to in

17 subsection (a) except insofar as the President may

18 determine, for good cause shown and stated together

19 with the regulation, that a modification of such reg20 ulations would be more effective for the implementa21 tion of the rights and protections under this section.

22 ‘‘(3) IRREGULAR WORK SCHEDULES.—The

23 President shall issue regulations for covered employ24 ees whose work schedules directly depend on the

25 schedule of the President or the Vice President that
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1 shall be comparable to the provisions in the Fair

2 Labor Standards Act of 1938 that apply to employ3 ees who have irregular work schedules.

4 ‘‘SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EM5 PLOYEE POLYGRAPH PROTECTION ACT OF

6 1988.

7 ‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em8 ploying office may require a covered employee to take a

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

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

11 of section 3 of the Employee Polygraph Protection Act of

12 1988. In addition, the waiver provisions of section 6(d)

13 of such Act shall apply to covered employees.

14 ‘‘(b) REMEDY.—The remedy for a violation of sub15 section (a) shall be such remedy as would be appropriate

16 if awarded under section 6(c)(1) of the Employee Poly17 graph Protection Act of 1988.

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

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

20 regulations to implement this section.

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

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

23 substantive regulations promulgated by the Sec24 retary of Labor to implement the statutory provi25 sions referred to in subsections (a) and (b) except
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1 insofar as the President may determine, for good

2 cause shown and stated together with the regulation,

3 that a modification of such regulations would be

4 more effective for the implementation of the rights

5 and protections under this section.

6 ‘‘SEC. 415. RIGHTS AND PROTECTIONS UNDER THE WORK7 ER ADJUSTMENT AND RETRAINING NOTIFI8 CATION ACT.

9 ‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTI10 FICATION RIGHTS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), no employing office shall be closed or

13 mass layoff ordered within the meaning of section 3

14 of the Worker Adjustment and Retraining Notifica15 tion Act until the end of a 60-day period after the

16 employing office serves written notice of such pro17 spective closing or layoff to representatives of cov18 ered employees or, if there are no representatives, to

19 covered employees.

20 ‘‘(2) EXCEPTION.—

21 ‘‘(A) IN GENERAL.—In the event that a

22 President (hereinafter in this paragraph re23 ferred to as the ‘previous President’) does not

24 succeed himself in office as a result of the elec25 tion of a new President, no notice or waiting
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1 period shall be required under paragraph (1)

2 with respect to the separation of any individual

3 described in subparagraph (B), if such separa4 tion occurs pursuant to a closure or mass layoff

5 ordered after the term of the new President

6 commences.

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

8 individual described in this subparagraph is any

9 covered employee serving pursuant to an ap10 pointment made during—

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

12 President; or

13 ‘‘(ii) any term, earlier than the term

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

15 previous President served as President or

16 Vice President.

17 ‘‘(b) REMEDY.—The remedy for a violation of sub18 section (a) shall be such remedy as would be appropriate

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

20 5(a) of the Worker Adjustment and Retraining Notifica21 tion Act.

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

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

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

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

3 substantive regulations promulgated by the Sec4 retary of Labor to implement the statutory provi5 sions referred to in subsection (a) except insofar as

6 the President may determine, for good cause shown

7 and stated together with the regulation, that a modi8 fication of such regulations would be more effective

9 for the implementation of the rights and protections

10 under this section.

11 ‘‘SEC. 416. RIGHTS AND PROTECTIONS RELATING TO VET12 ERANS’ EMPLOYMENT AND REEMPLOYMENT.

13 ‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF

14 MEMBERS OF THE UNIFORMED SERVICES.—

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

16 employing office to—

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

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

19 38, against an eligible employee;

20 ‘‘(B) deny to an eligible employee reem21 ployment rights within the meaning of sections

22 4312 and 4313 of title 38; or

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

24 within the meaning of sections 4316, 4317, and

25 4318 of title 38.
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1 ‘‘(2) DEFINITION.—For purposes of this sec2 tion, the term ‘eligible employee’ means a covered

3 employee performing service in the uniformed serv4 ices, within the meaning of section 4303(13) of title

5 38, whose service has not been terminated upon the

6 occurrence of any of the events enumerated in sec7 tion 4304 of such title.

8 ‘‘(b) REMEDY.—The remedy for a violation of sub9 section (a) shall be such remedy as would be appropriate

10 if awarded under paragraphs (1), (2)(A), and (3) of sec11 tion 4323(c) of title 38.

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

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

14 regulations to implement this section.

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

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

17 substantive regulations promulgated by the Sec18 retary of Labor to implement the statutory provi19 sions referred to in subsection (a) except to the ex20 tent that the President may determine, for good

21 cause shown and stated together with the regulation,

22 that a modification of such regulations would be

23 more effective for the implementation of the rights

24 and protections under this section.
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1 ‘‘SEC. 417. PROHIBITION OF INTIMIDATION OR REPRISAL.

2 ‘‘(a) IN GENERAL.—It shall be unlawful for an em3 ploying office to intimidate, take reprisal against, or other4 wise discriminate against, any covered employee because

5 the covered employee has opposed any practice made un6 lawful by this chapter, or because the covered employee

7 has initiated proceedings, made a charge, or testified, as8 sisted, or participated in any manner in a hearing or other

9 proceeding under this chapter.

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

11 remedied by any legal or equitable remedy available to re12 dress the practice opposed by the covered employee or

13 other violation of law as to which the covered employee

14 initiated proceedings, made a charge, or engaged in other

15 conduct protected under subsection (a).

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

17 section with respect to any practice or other matter to

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

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

20 meaning given to it by such section.

21 ‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER

22 THE AMERICANS WITH DISABILITIES ACT OF 1990

23 ‘‘SEC. 420. RIGHTS AND PROTECTIONS UNDER THE AMERI24 CANS WITH DISABILITIES ACT OF 1990.

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

26 protections against discrimination in the provision of pub-
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1 lic services and accommodations established by sections

2 201, 202, and 204, and sections 302, 303, and 309, of

3 the Americans with Disabilities Act of 1990 shall apply,

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

5 are provided, with respect to the White House and its ap6 purtenant grounds and gardens, the Old Executive Office

7 Building, the New Executive Office Buildings, and any

8 other facility to the extent that offices are provided for

9 employees of the Executive Office of the President.

10 ‘‘(b) REMEDY.—The remedy for a violation of sub11 section (a) shall be such remedy as would be appropriate

12 if awarded under section 203 or 308 of the Americans

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

14 that, with respect to any claim of employment discrimina15 tion, the exclusive remedy shall be under section 411 of

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

17 enforced in accordance with applicable provisions of such

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

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

20 under this section of the Americans with Disabilities Act

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

22 means, to the extent that public services, programs, or ac23 tivities are provided, the White House and its appurtenant

24 grounds and gardens, the Old Executive Office Building,

25 the New Executive Office Buildings, and any other facility
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1 to the extent that offices are provided for employees of

2 the Executive Office of the President.

3 ‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH

4 ACT OF 1970

5 ‘‘SEC. 425. RIGHTS AND PROTECTIONS UNDER THE OCCU6 PATIONAL SAFETY AND HEALTH ACT OF 1970;

7 PROCEDURES FOR REMEDY OF VIOLATIONS.

8 ‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC9 TIONS.—

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

11 each covered employee shall comply with the provi12 sions of section 5 of the Occupational Safety and

13 Health Act of 1970.

14 ‘‘(2) DEFINITIONS.—For purposes of the appli15 cation under this section of the Occupational Safety

16 and Health Act of 1970—

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

18 Act means an employing office; and

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

20 Act means a covered employee.

21 ‘‘(b) REMEDY.—The remedy for a violation of sub22 section (a) shall be an order to correct the violation, in23 cluding such order as would be appropriate if issued under

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

25 of 1970.
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1 ‘‘(c) PROCEDURES.—

2 ‘‘(1) REQUESTS FOR INSPECTIONS.—Upon writ3 ten request of any employing office or covered em4 ployee, the Secretary of Labor shall have the author5 ity to inspect and investigate places of employment

6 under the jurisdiction of employing offices in accord7 ance with subsections (a), (d), (e), and (f) of section

8 8 of the Occupational Safety and Health Act of

9 1970.

10 ‘‘(2) CITATIONS, NOTICES, AND NOTIFICA11 TIONS.—The Secretary of Labor shall have the au12 thority, in accordance with sections 9 and 10 of the

13 Occupational Safety and Health Act of 1970, to

14 issue—

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

16 office responsible for correcting a violation of

17 subsection (a); or

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

19 that the Secretary of Labor believes has failed

20 to correct a violation for which a citation has

21 been issued within the period permitted for its

22 correction.

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

24 a citation or notification, the Secretary of Labor de25 termines that a violation has not been corrected—
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1 ‘‘(A) the citation and notification shall be

2 deemed a final order (within the meaning of

3 section 10(b) of the Occupational Safety and

4 Health Act of 1970, if the employer fails to no5 tify the Secretary of Labor within 15 days (ex6 cluding Saturdays, Sundays, and Federal holi7 days) after receipt of the notice that he intends

8 to contest the citation or notification; or

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

10 Occupational Safety and Health Review Com11 mission shall be afforded in accordance with

12 section 10(c) of the Occupational Safety and

13 Health Act of 1970, if the employer gives time14 ly notice to the Secretary that he intends to

15 contest the citation or notification.

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

17 office may request from the Secretary of Labor an

18 order granting a variance from a standard made ap19 plicable by this section, in accordance with sections

20 6(b)(6) and 6(d) of the Occupational Safety and

21 Health Act of 1970.

22 ‘‘(5) JUDICIAL REVIEW.—Any person or em23 ploying office aggrieved by a final decision of the Oc24 cupational Safety and Health Review Commission

25 under paragraph (3) or the Secretary of Labor
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1 under (4) may file a petition for review with the

2 United States Court of Appeals for the Federal Cir3 cuit pursuant to section 455.

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

5 funds are necessary to correct a violation of sub6 section (a) for which a citation is issued, or to com7 ply with an order requiring correction of such a vio8 lation, correction or compliance shall take place as

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

10 fiscal year following the fiscal year in which the cita11 tion is issued or the order requiring correction be12 comes final and not subject to further review.

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

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

15 regulations to implement this section.

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

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

18 substantive regulations promulgated by the Sec19 retary of Labor to implement the statutory provi20 sions referred to in subsection (a) except to the ex21 tent that the President may determine, for good

22 cause shown and stated together with the regulation,

23 that a modification of such regulations would be

24 more effective for the implementation of the rights

25 and protections under this section.
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1 ‘‘(3) EMPLOYING OFFICE RESPONSIBLE FOR

2 CORRECTION.—The regulations issued under para3 graph (1) shall include a method of identifying, for

4 purposes of this section and for different categories

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

6 responsible for correction of a particular violation.

7 ‘‘PART D—LABOR-MANAGEMENT RELATIONS

8 ‘‘SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RE9 LATING TO FEDERAL SERVICE LABOR-MAN10 AGEMENT RELATIONS; PROCEDURES FOR

11 REMEDY OF VIOLATIONS.

12 ‘‘(a) LABOR-MANAGEMENT RIGHTS.—Chapter 71 of

13 title 5 shall apply to employing offices and to covered em14 ployees and representatives of those employees.

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

16 under this section of chapter 71 of title 5, the term ‘agen17 cy’ as used in such chapter means an employing office.

18 ‘‘PART E—GENERAL

19 ‘‘SEC. 435. GENERALLY APPLICABLE REMEDIES AND LIMI20 TATIONS.

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

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

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

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

25 section 453(1), 455, or 456, the administrative agency or
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1 court, as the case may be, may award attorney’s fees, ex2 pert fees, and any other costs as would be appropriate if

3 awarded under section 706(k) of the Civil Rights Act of

4 1964.

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

6 453(1), 455, or 456, the same interest to compensate for

7 delay in payment shall be made available as would be ap8 propriate if awarded under section 717(d) of the Civil

9 Rights Act of 1964.

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

11 Except as otherwise provided in this chapter, no civil pen12 alty or punitive damages may be awarded with respect to

13 any claim under this chapter.

14 ‘‘(d) EXCLUSIVE PROCEDURE.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), no person may commence an administra17 tive or judicial proceeding to seek a remedy for the

18 rights and protections afforded by this chapter ex19 cept as provided in this chapter.

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

21 section 416 may also utilize any provisions of chap22 ter 43 of title 38 that are applicable to that em23 ployee.

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

25 who has undertaken and completed the procedures de-
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1 scribed in section 452 may be granted a remedy under

2 part A of this subchapter.

3 ‘‘(f) CONSTRUCTION.—

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

5 where inconsistent with definitions and exemptions

6 provided in this chapter, the definitions and exemp7 tions in the laws made applicable by this chapter

8 shall apply under this chapter.

9 ‘‘(2) SIZE LIMITATIONS.—Notwithstanding

10 paragraph (1), provisions in the laws made applica11 ble under this chapter (other than paragraphs (2)

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

13 and Retraining Notification Act) determining cov14 erage based on size, whether expressed in terms of

15 numbers of employees, amount of business trans16 acted, or other measure, shall not apply in determin17 ing coverage under this chapter.

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

19 purposes of applying this section with respect to any prac20 tice or other matter to which section 411 relates, the terms

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

22 considered to have the meaning given to it by such section.
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1 ‘‘Subchapter III—Administrative and Judicial

2 Dispute-Resolution Procedures

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

4 VIOLATIONS.

5 ‘‘The procedure for consideration of alleged violations

6 of part A of subchapter II consists of—

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

8 section 452; and

9 ‘‘(2) election, as provided in section 453, of ei10 ther—

11 ‘‘(A) an administrative proceeding as pro12 vided in section 453(1) and judicial review as

13 provided in section 455; or

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

15 United States as provided in section 456.

16 ‘‘SEC. 452. COUNSELING AND MEDIATION.

17 ‘‘(a) IN GENERAL.—The President shall by regula18 tion establish procedures substantially similar to those

19 under sections 402 and 403 of the Congressional Account20 ability Act of 1995 for the counseling and mediation of

21 alleged violations of a law made applicable under part A

22 of subchapter II.

23 ‘‘(b) EXHAUSTION REQUIREMENT.—A covered em24 ployee who has not exhausted counseling and mediation

25 under subsection (a) shall be ineligible to make any elec-
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1 tion under section 453 or otherwise pursue any further

2 form of relief under this subchapter.

3 ‘‘SEC. 453. ELECTION OF PROCEEDING.

4 ‘‘Not later than 90 days after a covered employee re5 ceives notice of the end of the period of mediation, but

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

7 such covered employee may either—

8 ‘‘(1) file a complaint with the appropriate ad9 ministrative agency, as determined under section

10 454; or

11 ‘‘(2) file a civil action in accordance with sec12 tion 456 in the United States district court for the

13 district in which the employee is employed or for the

14 District of Columbia.

15 ‘‘SEC. 454. APPROPRIATE AGENCIES.

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

17 (b), the appropriate agency under this section with respect

18 to an alleged violation of part A of subchapter II shall

19 be the Board.

20 ‘‘(b) EXCEPTIONS.—

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

22 action arising under section 411 (or any action al23 leging intimidation, reprisal, or discrimination under

24 section 417 relating to any practice made unlawful

25 under section 411), the appropriate agency shall be
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1 the Equal Employment Opportunity Commission,

2 and the complaint in any such action shall be proc3 essed under the same administrative procedures as

4 any such complaint filed by any other Federal em5 ployee.

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

7 any covered employee (within the meaning of section

8 411(c)(1)) who has been affected by an action which

9 an employee of an executive agency may appeal to

10 the Board and who alleges that a basis for the ac11 tion was discrimination prohibited by section 411 (or

12 any action alleging intimidation, reprisal, or dis13 crimination under section 417 relating to any prac14 tice made unlawful under section 411), the initial

15 appropriate agency shall be the Board, and such

16 matter shall thereafter be processed in accordance

17 with section 7702 (a)–(d) (disregarding paragraph

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

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

20 other provision of law (including any provision of

21 law referenced in paragraph (1) or (2)), judicial re22 view of any administrative decision under this sub23 section shall be by the court specified in section 455.
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1 ‘‘SEC. 455. JUDICIAL REVIEW.

2 ‘‘(a) IN GENERAL.—The United States Court of Ap3 peals for the Federal Circuit shall have jurisdiction over

4 a petition for review of a final decision under this chapter

5 of—

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

7 under section 454);

8 ‘‘(2) the Federal Labor Relations Authority

9 under chapter 71 of title 5, notwithstanding section

10 7123 of such title; or

11 ‘‘(3) the Secretary of Labor or the Occupational

12 Safety and Health Review Commission, made under

13 part C of subchapter II.

14 ‘‘(b) FILING DEADLINE.—Any petition for review

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

16 date the petitioner receives notice of the final decision.

17 ‘‘SEC. 456. CIVIL ACTION.

18 ‘‘(a) JURISDICTION.—The district courts of the

19 United States shall have jurisdiction over any civil action

20 commenced under section 453(2) and this section by a

21 covered employee.

22 ‘‘(b) PARTIES.—The defendant shall be the employ23 ing office alleged to have committed the violation, or in

24 which the violation is alleged to have occurred.

25 ‘‘(c) JURY TRIAL.—Any party may demand a jury

26 trial where a jury trial would be available in an action
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1 against a private defendant under the relevant law made

2 applicable by this chapter. In any case in which a violation

3 of section 411 is alleged, the court shall not inform the

4 jury of the maximum amount of compensatory damages

5 available under section 411(b)(1) or 411(b)(3).

6 ‘‘SEC. 457. JUDICIAL REVIEW OF REGULATIONS.

7 ‘‘In any proceeding brought under section 455 or 456

8 in which the application of a regulation issued under this

9 chapter is at issue, the court may review the validity of

10 the regulation in accordance with the provisions of sub11 paragraphs (A) through (D) of section 706(2) of title 5.

12 If the court determines that the regulation is invalid, the

13 court shall apply, to the extent necessary and appropriate,

14 the most relevant substantive executive agency regulation

15 promulgated to implement the statutory provisions with

16 respect to which the invalid regulation was issued. Except

17 as provided in this section, the validity of regulations is18 sued under this chapter is not subject to judicial review.

19 ‘‘SEC. 458. OTHER JUDICIAL REVIEW PROHIBITED.

20 ‘‘Except as expressly authorized by this chapter, the

21 compliance or noncompliance with the provisions of this

22 chapter and any action taken pursuant to this chapter

23 shall not be subject to judicial review.
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1 ‘‘SEC. 459. EFFECT OF FAILURE TO ISSUE REGULATIONS.

2 ‘‘In any proceeding under section 453(1), 455, or

3 456, if the President has not issued a regulation on a mat4 ter for which this chapter requires a regulation to be is5 sued, the administrative agency or court, as the case may

6 be, shall apply, to the extent necessary and appropriate,

7 the most relevant substantive executive agency regulation

8 promulgated to implement the statutory provision at issue

9 in the proceeding.

10 ‘‘SEC. 460. EXPEDITED REVIEW OF CERTAIN APPEALS.

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

12 to the Supreme Court of the United States from any inter13 locutory or final judgment, decree, or order of a court

14 upon the constitutionality of any provision of this chapter.

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

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

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

19 greatest extent possible.

20 ‘‘SEC. 461. PAYMENTS.

21 ‘‘A judgment, award, or compromise settlement

22 against the United States under this chapter (including

23 any interest and costs) shall be paid—

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

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

26 United States (or any appeal therefrom); or
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1 ‘‘(2) out of amounts otherwise appropriated or

2 available to such office, if it arises out of an admin3 istrative proceeding under this chapter (or any ap4 peal therefrom).

5 ‘‘SEC. 462. CONFIDENTIALITY.

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

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

8 of the covered employee, the employing office may be noti9 fied.

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

11 shall be strictly confidential.

12 ‘‘SEC. 463. DEFINITIONS.

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

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

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

16 the meaning given to it by such section.

17 ‘‘Subchapter IV—Effective Date

18 ‘‘SEC. 471. EFFECTIVE DATE.

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

20 of the enactment of the Presidential and Executive Office

21 Accountability Act.’’.

22 (b) REGULATIONS.—Appropriate measures shall be

23 taken to ensure that any regulations needed to implement

24 chapter 5 of title 3, United States Code, as amended by
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1 this section, shall be in effect by the effective date of such

2 chapter.

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

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

5 the end the following:

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

6 SEC. 3. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OF7 FICE OF THE PRESIDENT.

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

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

10 end the following:

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

12 the President a Chief Financial Officer, who shall be ap13 pointed by the President from among individuals meeting

14 the standards described in subsection (a)(3).

15 ‘‘(2) The Chief Financial Officer under this sub16 section shall have the same authority and shall perform

17 the same functions as apply in the case of a Chief Finan18 cial Officer under section 902.

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

20 Budget shall prescribe any regulations which may be nec21 essary to ensure that, for purposes of implementing para22 graph (2), the Executive Office of the President shall, to

23 the extent practicable and appropriate, be treated (includ24 ing for purposes of financial statements under section
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1 3515) in the same way as an agency described in sub2 section (b).’’.

3 (b) DEPUTY CHIEF FINANCIAL OFFICER.—Section

4 903 of title 31, United States Code, is amended by adding

5 at the end the following:

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

7 the President a Deputy Chief Financial Officer, who, not8 withstanding any provision of subsection (b), shall be ap9 pointed by the President from among individuals meeting

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

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

12 subsection shall have the same authority and shall perform

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

14 Chief Financial Officer of an agency described in sub15 section (b).’’.

16 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

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

18 503(a) of title 31, United States Code, is amend19 ed—

20 (A) in paragraph (7) by striking ‘‘respec21 tively.’’ and inserting ‘‘respectively (excluding

22 any officer appointed under section 901(c) or

23 903(c)).’’; and

24 (B) in paragraph (8) by striking ‘‘Offi25 cers.’’ and inserting ‘‘Officers (excluding any
35

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1 officer appointed under section 901(c) or

2 903(c)).’’.

3 (2) DESIGNATION OF AGENCY HEAD.—The

4 President shall designate an employee of the Execu5 tive Office of the President (other than the Chief Fi6 nancial Officer or Deputy Chief Financial Officer

7 appointed under the amendments made by sub8 sections (a) and (b), respectively), who shall be

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

10 carrying out section 902 of title 31, United States

11 Code, with respect to the Executive Office of the

12 President.

13 SEC. 4. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOV14 ERNMENT EMPLOYEE’’.

15 (a) IN GENERAL.—Section 202 of title 18, United

16 States Code, is amended by adding at the end the follow17 ing:

18 ‘‘(e) For purposes of the first sentence of subsection

19 (a), an individual shall be considered ‘retained, designated,

20 appointed, or employed’ by the Executive Office of the

21 President if such individual—

22 ‘‘(1) is retained, designated, appointed, or em23 ployed by the President or the Vice President, or

24 any other authorized individual (including the spouse

25 of the President or the Vice President), to provide
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1 advice, counsel, or recommendations to employees of

2 the Executive Office of the President; and

3 ‘‘(2)(A) is furnished the use (exclusive or other4 wise) of an office or equipment at Government ex5 pense;

6 ‘‘(B) owns at least 10 percent of the outstand7 ing capital stock of a corporation, or an equivalent

8 interest in any other entity, that such individual

9 knows or reasonably should know is doing business

10 or attempting to do business with the United States

11 Government;

12 ‘‘(C) is a lobbyist, within the meaning of section

13 3(10) of the Lobbying Disclosure Act of 1995; or

14 ‘‘(D) provides advice, counsel, or recommenda15 tions on any of the following:

16 ‘‘(i) Personnel, organization, or reorganiza17 tion of the Executive Office of the President.

18 ‘‘(ii) The contracting or privatization of

19 any function of the United States Government.

20 ‘‘(iii) Contracts to provide goods or serv21 ices to the United States Government.

22 ‘‘(iv) Congressional hearings or proceed23 ings.’’.
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1 SEC. 5. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

2 Each Federal law governing employment in the pri3 vate sector, enacted later than 12 months after the date

4 of the enactment of this Act, shall be deemed to apply

5 with respect to ‘‘employing offices’’ and ‘‘covered employ6 ees’’ (within the meaning of section 401 of title 3, United

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

8 specifically provides otherwise and expressly cites this sec9 tion.

10 SEC. 6. AMENDMENTS TO THE CONGRESSIONAL ACCOUNT11 ABILITY ACT OF 1995.

12 (a) IN GENERAL.—The Congressional Accountability

13 Act of 1995 (Public Law 104–1; 2 U.S.C. 1301 et seq.)

14 is amended—

15 (1) in paragraphs (1)(B) and (3)(B) of section

16 201(b) by inserting ‘‘or punitive’’ after ‘‘compen17 satory’’; and

18 (2) in section 225(c) by striking ‘‘No’’ and in19 serting ‘‘Except as expressly provided in this Act,

20 no’’.

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

22 1 year after the date of the enactment of this Act, and

23 the amendments made by this section shall apply with re24 spect to actions brought on or after the effective date of

25 this section.
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1 SEC. 7. REPEAL OF SECTION 320 OF THE GOVERNMENT EM2 PLOYEE RIGHTS ACT OF 1991.

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

4 Employee Rights Act of 1991 is repealed.

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

6 1 year after the date of the enactment of this Act.

7 (c) SAVINGS PROVISION.—The repeal under this sec8 tion shall not affect proceedings in which the complaint

9 was filed before the effective date of this section, and or10 ders shall be issued in such proceedings and appeals shall

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

Æ