II
Calendar No. 636
104TH CONGRESS
2D SESSION
H. R. 3452
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 1996
Received
SEPTEMBER 27, 1996
Read the first time
SEPTEMBER 28, 1996
Read the second time and placed on the calendar
AN ACT
To make certain laws applicable to the Executive Office
of the President, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Presidential and Executive Office Accountability Act’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential offices.
Sec. 3. Amendments to title 28, United States Code.
Sec. 4. Financial officers within the Executive Office of the President.
Sec. 5. Amendment to definition of ‘‘special government employee’’.
Sec. 6. Applicability of future employment laws.
Sec. 7. Repeal of section 320 of the Government Employee Rights Act of 1991.
Sec. 8. Political affiliation.
Sec. 9. Estabishment of Inspector General for Executive Office of the Presi-
dent.
SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTEC-
TIONS TO PRESIDENTIAL OFFICES.
(a) IN GENERAL.—Title 3, United States Code, is
amended by adding at the end the following:
‘‘CHAPTER 5—EXTENSION OF CERTAIN
RIGHTS AND PROTECTIONS TO PRESI-
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 Reha-
bilitation Act of 1973, and title I of the Americans with Dis-
abilities 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 No-
tification Act.
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‘‘416. Rights and protections relating to veterans’ employment and reemploy-
ment.
‘‘417. Prohibition of intimidation or reprisal.
‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
‘‘420. Rights and protections under the Americans with Disabilities Act of
1990.
‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
‘‘425. Rights and protections under the Occupational Safety and Health Act of
1970; procedures for remedy of violations.
‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘430. Application of chapter 71 of title 5, relating to Federal service labor-man-
agement relations; procedures for remedy of violations.
‘‘PART E—GENERAL
‘‘435. Generally applicable remedies and limitations.
‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTE-
RESOLUTION PROCEDURES
‘‘451. Procedure for consideration of alleged violations.
‘‘452. Counseling and mediation.
‘‘453. Election of proceeding.
‘‘454. Appropriate agencies.
‘‘455. Effect of failure to issue regulations.
‘‘456. Confidentiality.
‘‘457. Definitions.
‘‘SUBCHAPTER IV—WHITE HOUSE COMPLIANCE BOARD
‘‘471. Establishment of White House Compliance Board.
‘‘472. Personnel.
‘‘473. Facilities.
‘‘SUBCHAPTER V—EFFECTIVE DATE
‘‘481. Effective date.
‘‘Subchapter I—General Provisions
‘‘SEC. 401. DEFINITIONS.
‘‘Except as otherwise specifically provided in this
chapter, as used in this chapter:
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‘‘(1) BOARD.—The term ‘Board’ means the
Merit Systems Protection Board under chapter 12 of
title 5.
‘‘(2) COVERED EMPLOYEE.—The term ‘covered
employee’ means any employee of an employing of-
fice.
‘‘(3) EMPLOYEE.—The term ‘employee’ includes
an applicant for employment and a former employee.
‘‘(4) EMPLOYING OFFICE.—The term ‘employ-
ing office’ means—
‘‘(A) each office, agency, or other compo-
nent of the Executive Office of the President;
‘‘(B) the Executive Residence at the White
House; and
‘‘(C) the official residence (temporary or
otherwise) of the Vice President.
‘‘SEC. 402. APPLICATION OF LAWS.
‘‘The following laws shall apply, as prescribed by this
chapter, to all employing offices (including employing of-
fices within the meaning of section 411, to the extent pre-
scribed therein):
‘‘(1) The Fair Labor Standards Act of 1938.
‘‘(2) Title VII of the Civil Rights Act of 1964.
‘‘(3) The Americans with Disabilities Act of
1990.
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‘‘(4) The Age Discrimination in Employment
Act of 1967.
‘‘(5) The Family and Medical Leave Act of
1993.
‘‘(6) The Occupational Safety and Health Act
of 1970.
‘‘(7) Chapter 71 (relating to Federal service
labor-management relations) of title 5.
‘‘(8) The Employee Polygraph Protection Act of
1988.
‘‘(9) The Worker Adjustment and Retraining
Notification Act.
‘‘(10) The Rehabilitation Act of 1973.
‘‘(11) Chapter 43 (relating to veterans’ employ-
ment and reemployment) of title 38.