II

104TH CONGRESS

2D SESSION S. 2000

To make certain laws applicable to the Executive Office of the President,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 30, 1996

Mr. COATS (for himself, Mr. STEVENS, Mr. NICKLES, Mr. ABRAHAM, Mr.

DEWINE, Mr. COVERDELL, and Mr. FAIRCLOTH) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

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 ‘‘White House 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. Applicability of future employment laws.

Sec. 4. Repeal of section 303 of the Government Employee Rights Act of 1991.
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1 SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTEC2 TIONS TO PRESIDENTIAL OFFICES.

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

4 amended by adding at the end the following:

5 ‘‘CHAPTER 5—EXTENSION OF CERTAIN

6 RIGHTS AND PROTECTIONS TO PRESI7 DENTIAL OFFICES

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec.

‘‘401. Definitions.

‘‘402. Application of laws.

‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND PROTECTIONS

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

FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER

ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF

VETERANS, AND INTIMIDATION

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

1964, the Age Discrimination in Employment Act of

1967, the Rehabilitation Act of 1973, and title I of the

Americans with Disabilities Act of 1990.

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

1993.

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

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

Act of 1988.

‘‘415. Rights and protections under the Worker Adjustment and Retraining

Notification Act.

‘‘416. Rights and protections relating to veterans’ employment and reemployment.

‘‘417. Prohibition of intimidation or reprisal.

‘‘418. Regulations.

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

DISABILITIES ACT OF 1990

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

1990.

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

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

Act of 1970; procedures for remedy of violations.

‘‘PART D—LABOR-MANAGEMENT RELATIONS
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‘‘431. Application of chapter 71 of title 5, relating to Federal service labormanagement relations; procedures for remedy of violations.

‘‘PART E—GENERAL

‘‘435. Definitions relating to section 411.

‘‘436. Generally applicable remedies and limitations.

‘‘437. Exception.

‘‘438. Political affiliation.

‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTERESOLUTION PROCEDURES

‘‘451. Procedure for consideration of alleged violations.

‘‘452. Counseling and mediation.

‘‘453. Election of proceeding.

‘‘454. Appropriate agencies.

‘‘455. Judicial review.

‘‘456. Civil action.

‘‘457. Judicial review of regulations.

‘‘458. Other judicial review prohibited.

‘‘459. Effect of failure to issue regulations.

‘‘460. Expedited review of certain appeals.

‘‘461. Payments.

‘‘462. Confidentiality.

‘‘463. Special rule.

‘‘SUBCHAPTER IV—WHITE HOUSE COMPLIANCE BOARD

‘‘471. Establishment of White House Compliance Board.

‘‘472. Personnel.

‘‘473. Facilities.

‘‘SUBCHAPTER V—EFFECTIVE DATE

‘‘481. Effective date.

1 ‘‘SUBCHAPTER I—GENERAL PROVISIONS

2 ‘‘§ 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 White House Compliance Board established under

7 section 471.
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1 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered

2 employee’ means any employee of an employing of3 fice.

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

5 an applicant for employment and a former employee.

6 ‘‘(4) EMPLOYING OFFICE.—The term ‘employ7 ing office’ means—

8 ‘‘(A) each office, agency, or other compo9 nent of the Executive Office of the President;

10 and

11 ‘‘(B) the Office of the Vice President of

12 the United States.

13 ‘‘§ 402. Application of laws

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

15 chapter, to all employing offices (including employing of16 fices within the meaning of section 411, to the extent pre17 scribed in such section):

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

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

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

21 1990.

22 ‘‘(4) The Age Discrimination in Employment

23 Act of 1967.

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

25 1993.
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1 ‘‘(6) The Occupational Safety and Health Act

2 of 1970.

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

4 labor-management relations) of title 5.

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

6 1988.

7 ‘‘(9) The Worker Adjustment and Retraining

8 Notification Act.

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

10 ‘‘(11) Chapter 43 (relating to veterans’ employ11 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 ‘‘§ 411. Rights and protections under title VII of the

10 Civil Rights Act of 1964, the Age Discrimi11 nation in Employment Act of 1967, the

12 Rehabilitation Act of 1973, and title I of

13 the Americans with Disabilities Act of

14 1990

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

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

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

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

20 President, whether appointed by the President or by

21 any other appointing authority in the executive

22 branch, who is not otherwise entitled to bring an ac23 tion under any of the Acts referred to in subsection

24 (b) concerning a personnel action prohibited by sub25 section (b), but does not include any individual—
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1 ‘‘(A) whose appointment is made by and

2 with the advice and consent of the Senate;

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

5 Advisory Committee Act; or

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

7 services, as defined in section 4303(16) of title

8 38.

9 ‘‘(2) EMPLOYING OFFICE.—The term ‘employ10 ing office’, with respect to a covered employee,

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

12 the covered employee is employed (or sought employ13 ment or was employed in the case of an applicant or

14 former employee, respectively).

15 ‘‘(b) 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 ‘‘(c) REMEDY.—

4 ‘‘(1) CIVIL RIGHTS.—The remedy for a viola5 tion of subsection (b)(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 damages as would

10 be appropriate if awarded under section 1977

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

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

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

16 ‘‘(2) AGE DISCRIMINATION.—

17 ‘‘(A) IN GENERAL.—The remedy for a vio18 lation of subsection (b)(2) shall be—

19 ‘‘(i) such remedy as would be appro20 priate if awarded under section 15(c) of

21 the Age Discrimination in Employment Act

22 of 1967; and

23 ‘‘(ii) such liquidated damages as

24 would be appropriate if awarded under sec25 tion 7(b) of such Act.
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1 ‘‘(B) WAIVERS.—In addition, the waiver

2 provisions of section 7(f) of such Act shall

3 apply to covered employees.

4 ‘‘(3) DISABILITIES DISCRIMINATION.—The rem5 edy for a violation of subsection (b)(3) shall be—

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

7 if awarded under section 505(a)(1) of the Reha8 bilitation Act of 1973 or section 107(a) of the

9 Americans with Disabilities Act of 1990; and

10 ‘‘(B) such compensatory damages as would

11 be appropriate if awarded under sections

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

13 irrespective of the size of the employing office,

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

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

16 and section 417 (to the extent that such section relates

17 to any matter described in this section), shall apply with

18 respect to violations occurring on or after the effective

19 date of this chapter.

20 ‘‘§ 412. Rights and protections under the Family and

21 Medical Leave Act of 1993

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

23 PROTECTIONS PROVIDED.—

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

25 established by sections 101 through 105 of the Fam-
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1 ily and Medical Leave Act of 1993 shall apply to

2 covered employees.

3 ‘‘(2) DEFINITIONS.—For purposes of the appli4 cation described in paragraph (1)—

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

6 Family and Medical Leave Act of 1993 means

7 any employing office; and

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

9 in the Family and Medical Leave Act of 1993

10 means a covered employee who has been em11 ployed in any employing office for 12 months

12 and for at least 1,250 hours of employment

13 during the previous 12 months.

14 ‘‘(b) REMEDY.—The remedy for a violation of sub15 section (a) shall be such remedy, including liquidated dam16 ages, as would be appropriate if awarded under paragraph

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

18 Act of 1993.

19 ‘‘§ 413. Rights and protections under the Fair Labor

20 Standards Act of 1938

21 ‘‘(a) FAIR LABOR STANDARDS.—

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

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

24 6, section 7, and section 12(c) of the Fair Labor
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1 Standards Act of 1938 shall apply to covered em2 ployees.

3 ‘‘(2) INTERNS AND VOLUNTEERS.—For the

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

5 includes an intern or a volunteer, as defined in the

6 Department of Labor Field Operations Handbook

7 (1962).

8 ‘‘(3) COMPENSATORY TIME.—Except as pro9 vided in regulations issued under section 418(c),

10 covered employees may not receive compensatory

11 time in lieu of overtime compensation.

12 ‘‘(b) REMEDY.—The remedy for a violation of sub13 section (a) shall be such remedy, including liquidated dam14 ages, as would be appropriate if awarded under section

15 16(b) of the Fair Labor Standards Act of 1938.

16 ‘‘§ 414. Rights and protections under the Employee

17 Polygraph Protection Act of 1988

18 ‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em19 ploying office may require a covered employee to take a

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

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

22 of section 3 of the Employee Polygraph Protection Act of

23 1988. In addition, the waiver provisions of section 6(d)

24 of such Act shall apply to covered employees.
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1 ‘‘(b) REMEDY.—The remedy for a violation of sub2 section (a) shall be such remedy as would be appropriate

3 if awarded under section 6(c)(1) of the Employee Poly4 graph Protection Act of 1988.

5 ‘‘§ 415. Rights and protections under the Worker Ad6 justment and Retraining Notification Act

7 ‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTI8 FICATION RIGHTS.—No employing office shall be closed

9 or mass layoff ordered within the meaning of section 3

10 of the Worker Adjustment and Retraining Notification Act

11 until the end of a 60-day period after the employing office

12 serves written notice of such prospective closing or layoff

13 to representatives of covered employees or, if there are no

14 representatives, to covered employees.

15 ‘‘(b) REMEDY.—The remedy for a violation of sub16 section (a) shall be such remedy as would be appropriate

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

18 5(a) of the Worker Adjustment and Retraining Notifica19 tion Act.

20 ‘‘§ 416. Rights and protections relating to veterans’

21 employment and reemployment

22 ‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF

23 MEMBERS OF THE UNIFORMED SERVICES.—

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

25 employing office to—
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1 ‘‘(A) discriminate, within the meaning of

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

3 38, against an eligible employee;

4 ‘‘(B) deny to an eligible employee reem5 ployment rights within the meaning of sections

6 4312 and 4313 of title 38; or

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

8 within the meaning of sections 4316, 4317, and

9 4318 of title 38.

10 ‘‘(2) DEFINITION.—For purposes of this sec11 tion, the term ‘eligible employee’ means a covered

12 employee performing service in the uniformed serv13 ices, within the meaning of section 4303(13) of title

14 38, whose service has not been terminated upon the

15 occurrence of any of the events enumerated in sec16 tion 4304 of such title.

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)(A), and (3) of sec20 tion 4323(c) of title 38.

21 ‘‘§ 417. Prohibition of intimidation or reprisal

22 ‘‘(a) IN GENERAL.—It shall be unlawful for an em23 ploying office to intimidate, take reprisal against, or other24 wise discriminate against, any covered employee because

25 the covered employee has opposed any practice made un-
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1 lawful by this chapter, or because the covered employee

2 has initiated proceedings, made a charge, or testified, as3 sisted, or participated in any manner in a hearing or other

4 proceeding under this chapter.

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

6 remedied by any legal or equitable remedy available to re7 dress the practice opposed by the covered employee or

8 other violation of law as to which the covered employee

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

10 conduct protected under subsection (a).

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

12 section with respect to any practice or other matter to

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

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

15 meaning given to the term by such section.

16 ‘‘§ 418. Regulations

17 ‘‘(a) IN GENERAL.—The President shall issue regula18 tions to implement each of sections 412 through 416.

19 ‘‘(b) AGENCY REGULATIONS.—Except as provided in

20 subsection (c), the regulations issued under subsection (a)

21 to implement a section shall be the same as substantive

22 regulations promulgated by the Secretary of Labor to im23 plement the statutory provisions referred to in subsection

24 (a) of the section, except insofar as the President may de25 termine, for good cause shown and stated together with
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1 the regulation, that a modification of such regulations

2 would be more effective for the implementation of the

3 rights and protections under the section.

4 ‘‘(c) IRREGULAR WORK SCHEDULES.—The President

5 shall issue regulations for implementation of section 413

6 for covered employees whose work schedules directly de7 pend on the schedule of the President or the Vice Presi8 dent that shall be comparable to the provisions in the Fair

9 Labor Standards Act of 1938 that apply to employees who

10 have irregular work schedules.

11 ‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER

12 THE AMERICANS WITH DISABILITIES ACT OF 1990

13 ‘‘§ 421. Rights and protections under the Americans

14 with Disabilities Act of 1990

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

16 protections against discrimination in the provision of pub17 lic services and accommodations established by sections

18 201, 202, and 204, and sections 302, 303, and 309, of

19 the Americans with Disabilities Act of 1990 shall apply,

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

21 are provided, with respect to an entity of the Executive

22 Office of the President who is responsible for the White

23 House and appurtenant grounds and gardens, the Old Ex24 ecutive Office Building, the New Executive Office Build25 ings, and any other facility to the extent that offices are
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1 provided for employees of the Executive Office of the

2 President.

3 ‘‘(b) REMEDY.—The remedy for a violation of sub4 section (a) shall be such remedy as would be appropriate

5 if awarded under section 203 or 308 of the Americans

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

7 that, with respect to any claim of employment discrimina8 tion, the exclusive remedy shall be under section 411. A

9 remedy under the preceding sentence shall be enforced in

10 accordance with applicable provisions of such section 203

11 or 308, as the case may be.

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

13 under this section of the Americans with Disabilities Act

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

15 means, to the extent that public services, programs, or ac16 tivities are provided, the White House and appurtenant

17 grounds and gardens, the Old Executive Office Building,

18 the New Executive Office Buildings, and any other facility

19 to the extent that offices are provided for employees of

20 the Executive Office of the President.
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1 ‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH

2 ACT OF 1970

3 ‘‘§ 425. Rights and protections under the Occupa4 tional Safety and Health Act of 1970; pro5 cedures for remedy of violations

6 ‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC7 TIONS.—

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

9 each covered employee shall comply with the provi10 sions of section 5 of the Occupational Safety and

11 Health Act of 1970.

12 ‘‘(2) DEFINITIONS.—For purposes of the appli13 cation under this section of the Occupational Safety

14 and Health Act of 1970—

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

16 Act means an employing office; and

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

18 Act means a covered employee.

19 ‘‘(b) REMEDY.—The remedy for a violation of sub20 section (a) shall be an order to correct the violation, in21 cluding such order as would be appropriate if issued under

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

23 of 1970.

24 ‘‘(c) PROCEDURES.—

25 ‘‘(1) REQUESTS FOR INSPECTIONS.—Upon writ26 ten request of any employing office or covered em-
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1 ployee, the Secretary of Labor shall have the author2 ity to inspect and investigate places of employment

3 under the jurisdiction of employing offices in accord4 ance with subsections (a), (d), (e), and (f) of section

5 8 of the Occupational Safety and Health Act of

6 1970.

7 ‘‘(2) CITATIONS, NOTICES, AND NOTIFICA8 TIONS.—The Secretary of Labor shall have the au9 thority, in accordance with sections 9 and 10 of the

10 Occupational Safety and Health Act of 1970, to

11 issue—

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

13 office responsible for correcting a violation of

14 subsection (a); or

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

16 that the Secretary of Labor believes has failed

17 to correct a violation for which a citation has

18 been issued within the period permitted for its

19 correction.

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

21 a citation or notification, the Secretary of Labor de22 termines that a violation has not been corrected—

23 ‘‘(A) the citation or notification shall be

24 deemed a final order (within the meaning of

25 section 10(b) of the Occupational Safety and
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1 Health Act of 1970) if the employer fails to no2 tify the Secretary of Labor within 15 days (ex3 cluding Saturdays, Sundays, and Federal holi4 days) after receipt of the notice that the em5 ployer intends to contest the citation or notifi6 cation; or

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

8 Occupational Safety and Health Review Com9 mission shall be afforded in accordance with

10 section 10(c) of the Occupational Safety and

11 Health Act of 1970, if the employer gives time12 ly notice to the Secretary that the employer in13 tends to contest the citation or notification.

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

15 office may request from the Secretary of Labor an

16 order granting a variance from a standard made ap17 plicable by this section, in accordance with sections

18 6(b)(6) and 6(d) of the Occupational Safety and

19 Health Act of 1970.

20 ‘‘(5) JUDICIAL REVIEW.—Any person or em21 ploying office aggrieved by a final decision of the Oc22 cupational Safety and Health Review Commission

23 under paragraph (3) or the Secretary of Labor

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

2 Federal Circuit pursuant to section 455.

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

4 funds are necessary to correct a violation of sub5 section (a) for which a citation is issued, or to com6 ply with an order requiring correction of such a vio7 lation, correction or compliance shall take place as

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

9 fiscal year following the fiscal year in which the cita10 tion is issued or the order requiring correction be11 comes final and not subject to further review.

12 ‘‘(d) 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 ‘‘(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 ‘‘§ 431. Application of chapter 71 of title 5, relating to

9 Federal service labor-management rela10 tions; procedures for remedy of violations

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

12 title 5 shall apply to employing offices and to covered em13 ployees and representatives of those employees.

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

15 under this section of chapter 71 of title 5, the term ‘agen16 cy’ as used in such chapter means an employing office.

17 ‘‘(c) JUDICIAL REVIEW.—Notwithstanding section

18 7123 of title 5, any person or employing office aggrieved

19 by a final decision of the Federal Labor Relations Author20 ity under subsection (a) may file a petition for review with

21 the United States Court of Appeals for the Federal Circuit

22 pursuant to section 455.
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1 ‘‘PART E—GENERAL

2 ‘‘§ 435. Definitions relating to section 411

3 ‘‘For purposes of applying this part with respect to

4 any practice or other matter to which section 411 relates,

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

6 each be considered to have the meaning given to the term

7 by such section.

8 ‘‘§ 436. Generally applicable remedies and limitations

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

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

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

12 section 421, is a prevailing party in any proceeding com13 menced under section 453(1), 455, or 456, the administra14 tive agency or court, as the case may be, may award attor15 ney’s fees, expert fees, and any other costs as would be

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

17 Rights Act of 1964.

18 ‘‘(b) INTEREST.—In any proceeding commenced

19 under section 453(1), 455, or 456, the same interest to

20 compensate for delay in payment shall be made available

21 as would be appropriate if awarded under section 717(d)

22 of the Civil Rights Act of 1964.

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

24 No civil penalty or punitive damages may be awarded with

25 respect to any claim under this chapter.

26 ‘‘(d) EXCLUSIVE PROCEDURE.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), no person may commence an administra3 tive or judicial proceeding to seek a remedy for the

4 rights and protections afforded by this chapter ex5 cept as provided in this chapter.

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

7 section 416 may also utilize any provisions of chap8 ter 43 of title 38 that are applicable to that em9 ployee.

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

11 who has undertaken and completed the procedures de12 scribed in section 452 may be granted a remedy under

13 part A.

14 ‘‘(f) CONSTRUCTION.—

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

16 where inconsistent with definitions and exemptions

17 provided in this chapter, the definitions and exemp18 tions in the laws made applicable by this chapter

19 shall apply under this chapter.

20 ‘‘(2) SIZE LIMITATIONS.—Notwithstanding

21 paragraph (1), provisions in the laws made applica22 ble under this chapter (other than paragraphs (2)

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

24 and Retraining Notification Act) determining cov25 erage based on size, whether expressed in terms of
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1 numbers of employees, amount of business trans2 acted, or another measure, shall not apply in deter3 mining coverage under this chapter.

4 ‘‘§ 437. Exception

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of this chapter, in the event that a President (re7 ferred to in this section as the ‘previous President’) is not

8 elected to a successive term in office as a result of the

9 election of a new President—

10 ‘‘(1) no notice or waiting period shall be re11 quired under section 415 with respect to the separa12 tion of any individual described in subsection (b), if

13 such separation occurs pursuant to a closure or

14 mass layoff ordered after the term of the new Presi15 dent commences; and

16 ‘‘(2) if any individual is separated from service,

17 or begins a period of leave under the Family and

18 Medical Leave Act of 1993, before such term com19 mences, nothing in this chapter shall require rein20 statement or restoration to employment of the indi21 vidual after such term commences.

22 ‘‘(b) DESCRIPTION OF INDIVIDUALS.—An individual

23 described in this subsection is any covered employee serv24 ing pursuant to an appointment made during—
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1 ‘‘(1) the term of office of the previous Presi2 dent; or

3 ‘‘(2) any term, earlier than the term referred to

4 in paragraph (1), during which such previous Presi5 dent served as President or Vice President.

6 ‘‘§ 438. Political affiliation

7 ‘‘It shall not be a violation of any provision of this

8 chapter to consider the party affiliation, or political com9 patibility with the employing office, of an employee who

10 is a covered employee with respect to employment deci11 sions.

12 ‘‘SUBCHAPTER III—ADMINISTRATIVE AND

13 JUDICIAL DISPUTE-RESOLUTION PROCEDURES

14 ‘‘§ 451. Procedure for consideration of alleged viola15 tions

16 ‘‘(a) CIVIL RIGHTS.—The procedure for consider17 ation of alleged violations of part A of subchapter II con18 sists of—

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

20 section 452; and

21 ‘‘(2) election, as provided in section 453, of ei22 ther—

23 ‘‘(A) an administrative proceeding as pro24 vided in section 453(1) and judicial review as

25 provided in section 455; or
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1 ‘‘(B) a civil action in a district court of the

2 United States as provided in section 456.

3 ‘‘(b) OCCUPATIONAL SAFETY AND HEALTH.—The

4 procedure for consideration of alleged violations of part

5 C of subchapter II consists of the procedure specified in

6 such part and judicial review as provided in section 455.

7 ‘‘(c) LABOR-MANAGEMENT RELATIONS.—The proce8 dure for consideration of alleged violations of part D of

9 subchapter II consists of the procedure specified in such

10 part and judicial review as provided in section 455.

11 ‘‘§ 452. Counseling and mediation

12 ‘‘(a) IN GENERAL.—The President shall by regula13 tion establish procedures substantially similar to proce14 dures described in sections 402 and 403 of the Congres15 sional Accountability Act of 1995 for counseling and medi16 ation for alleged violations of a law made applicable under

17 part A of subchapter II.

18 ‘‘(b) EXHAUSTION REQUIREMENT.—A covered em19 ployee who has not exhausted counseling and mediation

20 under subsection (a) shall be ineligible to make any elec21 tion under section 453 or otherwise pursue any further

22 form of relief under this subchapter.

23 ‘‘§ 453. Election of proceeding

24 ‘‘Not later than 90 days after a covered employee re25 ceives notice of the end of the period of mediation, but
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1 not earlier than 30 days after receipt of such notification,

2 such covered employee may either—

3 ‘‘(1) file a complaint with the appropriate agen4 cy, as determined under section 454; or

5 ‘‘(2) file a civil action in accordance with sec6 tion 456 in the United States district court for the

7 district in which the employee is employed or for the

8 District of Columbia.

9 ‘‘§ 454. Appropriate agencies

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

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

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

13 be the Board. The complaint in an action involving such

14 an alleged violation shall be processed under the proce15 dures specified by the President in regulations issued

16 under section 418.

17 ‘‘(b) EXCEPTIONS.—

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

19 action arising under section 411 (or any action al20 leging intimidation, reprisal, or discrimination under

21 section 417 relating to any practice made unlawful

22 under section 411), the appropriate agency shall be

23 the Equal Employment Opportunity Commission,

24 and the complaint in any such action shall be proc25 essed under the same administrative procedures as
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1 any such complaint filed by any employee of an exec2 utive agency (other than a covered employee, as de3 fined in section 411).

4 ‘‘(2) MIXED CASES.—In the case of any covered

5 employee (as defined in section 411) who has been

6 affected by an action that an employee of an execu7 tive agency may appeal to the Merit Systems Protec8 tion Board and who alleges that a basis for the ac9 tion was discrimination prohibited by section 411 (or

10 any action alleging intimidation, reprisal, or dis11 crimination under section 417 relating to any prac12 tice made unlawful under section 411), the initial

13 appropriate agency (prior to any judicial review)

14 shall be the Board, and such matter shall thereafter

15 be processed in accordance with subsections (a) (ex16 cept paragraph (2) of such subsection), (b), (c), (d),

17 and (f) of section 7702 of title 5.

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

19 other provision of law (including any provision of

20 law referenced in paragraph (1) or (2)), any person

21 or employing office aggrieved by a final decision of

22 an appropriate agency in an administrative proceed23 ing as provided in section 453(1) may file a petition

24 for review with the United States Court of Appeals

25 for the Federal Circuit pursuant to section 455.
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1 ‘‘§ 455. Judicial review

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

4 any proceeding commenced by a petition for review of a

5 final decision under this chapter 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 ‘‘§ 456. Civil action

18 ‘‘(a) JURISDICTION.—The district courts of the Unit19 ed States shall have jurisdiction over any civil action com20 menced under section 453(2) and this section by a covered

21 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 paragraph (1) or (3) of section 411(c).

6 ‘‘§ 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 ‘‘§ 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 ‘‘§ 459. Effect of failure to issue regulations

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

3 455, or 456, if the President has not issued a regulation

4 on a matter for which this chapter requires a regulation

5 to be issued, the administrative agency or court, as the

6 case may be, shall apply, to the extent necessary and ap7 propriate, the most relevant substantive executive agency

8 regulation promulgated to implement the statutory provi9 sion at issue in the proceeding.

10 ‘‘§ 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

16 the Supreme Court has not previously ruled on the ques17 tion, accept jurisdiction over the appeal referred to in sub18 section (a), advance the appeal on the docket, and expedite

19 the appeal to the greatest extent possible.

20 ‘‘§ 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 the judg25 ment, award, or settlement arises out of an action
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1 commenced in a district court of the United States

2 (or any appeal from the action); or

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

4 available to the office involved, if the judgment,

5 award, or settlement arises out of an administrative

6 proceeding under this chapter (or any appeal from

7 the proceeding).

8 ‘‘§ 462. Confidentiality

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

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

11 of the covered employee involved, the employing office in12 volved may be notified.

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

14 shall be strictly confidential.

15 ‘‘§ 463. Special rule

16 ‘‘For purposes of applying this subchapter with re17 spect to any practice or other matter to which section 411

18 relates, the terms ‘employing office’ and ‘covered em19 ployee’ shall each be considered to have the meaning given

20 to the term by such section.
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1 ‘‘SUBCHAPTER IV—WHITE HOUSE COMPLIANCE

2 BOARD

3 ‘‘§ 471. Establishment of White House Compliance

4 Board

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

6 independent establishment within the executive branch of

7 the Federal Government, the White House Compliance

8 Board.

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

10 individuals appointed by the President. Appointments of

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

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

13 ‘‘(c) BOARD QUALIFICATIONS.—

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

15 appointment of members of the Board shall be with16 out regard to political affiliation and solely on the

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

18 Members of the Board shall have training or experi19 ence in the application of the rights, protections, and

20 remedies under 1 or more of the laws made applica21 ble under this chapter.

22 ‘‘(2) DISQUALIFICATION FOR APPOINTMENTS.—

23 No member of the Board appointed under subsection

24 (b) may hold or may have held a position in the ex-
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1 ecutive branch of the Federal Government within 4

2 years of the date of appointment.

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

4 shall be filled in the manner in which the original

5 appointment was made.

6 ‘‘(d) TERM OF OFFICE.—

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), membership on the Board shall be for 5

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

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

11 eligible for appointment for a single term of office.

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

13 first appointed to the Board—

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

15 years;

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

17 years; and

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

19 years;

20 as designated at the time of appointment by the

21 President.

22 ‘‘(e) REMOVAL.—

23 ‘‘(1) AUTHORITY.—Any member of the Board

24 may be removed from office by the President, but

25 only for—
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1 ‘‘(A) disability that substantially prevents

2 the member from carrying out the duties of the

3 member;

4 ‘‘(B) incompetence;

5 ‘‘(C) neglect of duty;

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

7 conduct involving moral turpitude; or

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

9 disqualifies the individual from service as a

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

11 ‘‘(2) STATEMENT OF REASONS FOR RE12 MOVAL.—In removing a member of the Board, the

13 President shall state in writing to the member of the

14 Board being removed the specific reasons for the re15 moval.

16 ‘‘(f) COMPENSATION.—

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

18 shall be compensated at a rate equal to the daily

19 equivalent of the annual rate of basic pay prescribed

20 for level V of the Executive Schedule under section

21 5316 of title 5, United States Code, for each day

22 (including travel time) during which such member is

23 engaged in the performance of the duties of the

24 Board. The rate of pay of a member may be pro25 rated based on the portion of the day during which
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1 the member is engaged in the performance of Board

2 duties.

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

4 Board shall receive travel expenses, including per

5 diem in lieu of subsistence, at rates authorized for

6 employees of agencies under subchapter I of chapter

7 57 of title 5, United States Code, for each day the

8 member is engaged in the performance of duties

9 away from the home or regular place of business of

10 the member.

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

12 of the Board shall file the financial disclosure reports re13 quired under title I of the Ethics in Government Act of

14 1978.

15 ‘‘§ 472. Personnel

16 ‘‘(a) EXECUTIVE DIRECTOR.—

17 ‘‘(1) APPOINTMENT AND REMOVAL.—

18 ‘‘(A) IN GENERAL.—There shall be an Ex19 ecutive Director of the Board.

20 ‘‘(B) APPOINTMENT.—The initial Execu21 tive Director shall be appointed by the Presi22 dent, and shall serve for a 6-month term. After

23 the end of the term of the initial Executive Di24 rector, the Board shall appoint and may remove

25 the Executive Director.
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1 ‘‘(C) QUALIFICATIONS.—The Executive

2 Director shall be an individual with training or

3 expertise in the application of laws referred to

4 in section 402. Selection and appointment of

5 the Executive Director shall be without regard

6 to political affiliation and solely on the basis of

7 fitness to perform the duties of the Executive

8 Director.

9 ‘‘(D) DISQUALIFICATION.—The disquali10 fication specified in section 471(c)(2) shall

11 apply to the appointment of the Executive Di12 rector.

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

14 President in the case of the initial Executive Direc15 tor) may fix the compensation of the Executive Di16 rector. The rate of pay for the Executive Director

17 may not exceed the annual rate of basic pay pre18 scribed for level V of the Executive Schedule under

19 section 5316 of title 5, United States Code.

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

21 serve as the chief operating officer of the Board.

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

23 appoint, and fix the compensation of, and may remove,

24 such other additional staff, including hearing officers, as

25 may be essential to enable the Board to perform its duties.
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1 ‘‘(c) DETAILED PERSONNEL.—Upon request of the

2 Executive Director, the head of any Federal agency shall

3 detail any of the personnel of that agency, including mem4 bers or personnel of the General Accounting Office Per5 sonnel Appeals Board, to the Board to assist the Board

6 in carrying out its duties. Such detail may be on a reim7 bursable or nonreimbursable basis. Such detail shall be

8 without interruption or loss of civil service status or privi9 lege.

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

11 of the Board, the Executive Director may procure the tem12 porary (not to exceed 1 year) or intermittent services of

13 consultants.

14 ‘‘§ 473. Facilities

15 ‘‘The Equal Employment Opportunity Commission

16 shall supply such office facilities, office supplies, support

17 services, and related expenses as may be necessary to en18 able the Board to carry out the functions of the Board.

19 ‘‘SUBCHAPTER V—EFFECTIVE DATE

20 ‘‘§ 481. Effective date

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

22 of the enactment of the White House Accountability Act.’’.

23 (b) REGULATIONS.—Appropriate measures shall be

24 taken to ensure that any regulations needed to implement

25 chapter 5 of title 3, United States Code, as added by this
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1 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. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

7 (a) IN GENERAL.—Each provision of Federal law

8 that is made applicable to the legislative branch under sec9 tion 102 of the Congressional Accountability Act of 1995,

10 and that is enacted later than 12 months after the date

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

12 with respect to ‘‘employing offices’’ and ‘‘covered employ13 ees’’ (within the meaning of section 401 of title 3, United

14 States Code, as added by this Act), unless such law spe15 cifically provides otherwise and expressly cites this section.

16 (b) REGULATIONS.—

17 (1) IN GENERAL.—The President shall issue

18 regulations to implement such provision.

19 (2) AGENCY REGULATIONS.—The regulations

20 issued under paragraph (1) to implement a provision

21 shall be the same as substantive regulations promul22 gated by the head of the appropriate executive agen23 cy to implement the provision, except insofar as the

24 President may determine, for good cause shown and

25 stated together with the regulation, that a modifica-
40

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1 tion of such regulations would be more effective for

2 the implementation of the rights and protections

3 under the section.

4 SEC. 4. REPEAL OF SECTION 303 OF THE GOVERNMENT EM5 PLOYEE RIGHTS ACT OF 1991.

6 (a) IN GENERAL.—Section 303 of the Government

7 Employee Rights Act of 1991 (as redesignated by section

8 504(a)(3) of the Congressional Accountability Act of

9 1995) is repealed.

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

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

12 (c) SAVINGS PROVISION.—The repeal made by this

13 section shall not affect proceedings under such section 303

14 in which a complaint was filed before the effective date

15 of this section, and orders shall be issued in such proceed16 ings and appeals shall be taken from such proceedings as

17 if this section had not been enacted.

Æ