IB
104TH CONGRESS
2D SESSION
H. R. 3452
[Report No. 104–820, Part I]
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. LIGHT-
FOOT, 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. LIVING-
STON, 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 Califor-
nia, Mr. NETHERCUTT, Mr. MCDADE, Mrs. MEYERS of Kansas, Mr. FOX
of Pennsylvania, Mrs. JOHNSON of Connecticut, Mr. NEUMANN, Mr. KIM,
Mr. FOLEY, Mr. ALLARD, Mr. HERGER, Mr. STEARNS, Mr. LIPINSKI,
Mr. SCHAEFER, Mr. DIAZ-BALART, Mr. SHAYS, and Mr. TAYLOR of
North Carolina) introduced the following bill; which was referred to the
Committee on Government Reform and Oversight, and in addition to the
Committees on Economic and Educational Opportunities, the Judiciary,
and Veterans’ Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
SEPTEMBER 24, 1996
Additional sponsors: Mrs. FOWLER, Mr. BLILEY, and Mr. PETERSON of
Minnesota
SEPTEMBER 24, 1996
Reported from the Committee on Government Reform and Oversight with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 24, 1996
Referral to the Committees on Economic and Educational Opportunities, the
Judiciary, and Veterans’ Affairs extended for a period ending not later
than September 24, 1996
SEPTEMBER 24, 1996
The Committees on Economic and Educational Opportunities, the Judiciary,
and Veterans’ Affairs discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 14, 1996]
A BILL
To make certain laws applicable to the Executive Office
of the President, and for other purposes.
Be it enacted by the Senate and House of 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’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential offices.
Sec. 3. Financial officers within the Executive Office of the President.
Sec. 4. Amendment to definition of ‘‘special government employee’’.
Sec. 5. Applicability of future employment laws.
Sec. 6. Repeal of section 320 of the Government Employee Rights Act of 1991.
Sec. 7. Political affiliation.
Sec. 8. Estabishment of Inspector General for Executive Office of the President.
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 ADJUST-
MENT 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 Rehabilita-
tion 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 Noti-
fication Act.
‘‘416. Rights and protections relating to veterans’ employment and reemployment.
‘‘417. Prohibition of intimidation or reprisal.
‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
‘‘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. 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. Definitions.
‘‘SUBCHAPTER IV—EFFECTIVE DATE
‘‘471. Effective date.
‘‘Subchapter I—General Provisions
‘‘SEC. 401. DEFINITIONS.
‘‘Except as otherwise specifically provided in this
chapter, as used in this chapter:
‘‘(1) BOARD.—The term ‘Board’ means the Merit
Systems Protection Board under chapter 12 of title 5.
‘‘(2) COVERED
EMPLOYEE.—The term ‘covered
employee’ means any employee of an employing office.
‘‘(3) EMPLOYEE.—The term ‘employee’ includes
an applicant for employment and a former employee.
‘‘(4) EMPLOYING OFFICE.—The term ‘employing
office’ means—
‘‘(A) each office, agency, or other component
of the Executive Office of the President;
‘‘(B) the Executive Residence at the White
House; and
‘‘(C) the official residence (temporary or
otherwise) of the Vice President.
‘‘SEC. 402. APPLICATION OF LAWS.
‘‘The following laws shall apply, as prescribed by this
chapter, to all employing offices (including employing 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.
‘‘(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 No-
tification Act.
‘‘(10) The Rehabilitation Act of 1973.
‘‘(11) Chapter 43 (relating to veterans’ employ-
ment and reemployment) of title 38.
‘‘Subchapter II—Extension of Rights and
Protections
‘‘PART A—EMPLOYMENT DISCRIMINATION, FAM-
ILY 
AND 
MEDICAL 
LEAVE, 
FAIR 
LABOR
STANDARDS, EMPLOYEE POLYGRAPH PRO-
TECTION, WORKER ADJUSTMENT AND RE-
TRAINING, EMPLOYMENT AND REEMPLOY-
MENT OF VETERANS, AND INTIMIDATION
‘‘SEC. 411. RIGHTS AND PROTECTIONS UNDER TITLE VII OF
THE CIVIL RIGHTS ACT OF 1964, THE AGE DIS-
CRIMINATION IN EMPLOYMENT ACT OF 1967,
THE REHABILITATION ACT OF 1973, AND
TITLE I OF THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990.
‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All
personnel actions affecting covered employees shall be made
free from any discrimination based on—
‘‘(1) race, color, religion, sex, or national origin,
within the meaning of section 703 of the Civil Rights
Act of 1964;
‘‘(2) age, within the meaning of section 15 of the
Age Discrimination in Employment Act of 1967; or
‘‘(3) disability, within the meaning of section
501 of the Rehabilitation Act of 1973 and sections
102 through 104 of the Americans with Disabilities
Act of 1990.
‘‘(b) REMEDY.—
‘‘(1) CIVIL RIGHTS.—The remedy for a violation
of subsection (a)(1) shall be—
‘‘(A) such damages as would be appropriate
if awarded under section 706(g) of the Civil
Rights Act of 1964; and
‘‘(B) such compensatory damages as would
be appropriate if awarded under section 1977 of
the Revised Statutes, or as would be appropriate
if 
awarded 
under 
sections 
1977A(a)(1),
1977A(b)(2), and, irrespective of the size of the
employing office, 1977A(b)(3)(D) of the Revised
Statutes.
‘‘(2) AGE DISCRIMINATION.—The remedy for a
violation of subsection (a)(2) shall be—
‘‘(A) such damages as would be appropriate
if awarded under section 15(c) of the Age Dis-
crimination in Employment Act of 1967; and
‘‘(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of
such Act.
In addition, the waiver provisions of section 7(f) of
such Act shall apply to covered employees.
‘‘(3) DISABILITIES DISCRIMINATION.—The rem-
edy for a violation of subsection (a)(3) shall be—
‘‘(A) such damages as would be appropriate
if awarded under section 505(a)(1) of the Reha-
bilitation Act of 1973 or section 107(a) of the
Americans with Disabilities Act of 1990; and
‘‘(B) such compensatory damages as would
be appropriate if awarded under sections
1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, ir-
respective of the size of the employing office,
1977A(b)(3)(D) of the Revised Statutes.
‘‘(c) DEFINITIONS.—Except as otherwise specifically
provided in this section, as used in this section:
‘‘(1) COVERED
EMPLOYEE.—The term ‘covered
employee’ means any employee of a unit of the execu-
tive branch, including the Executive Office of the
President, whether appointed by the President or by
any other appointing authority in the executive
branch, who is not otherwise entitled to bring an ac-
tion under any of the statutes referred to in sub-
section (a), but does not include any individual—
‘‘(A) whose appointment is made by and
with the advice and consent of the Senate;
‘‘(B) who is appointed to an advisory com-
mittee, as defined in section 3(2) of the Federal
Advisory Committee Act; or
‘‘(C) who is a member of the uniformed
services.
‘‘(2) EMPLOYING OFFICE.—The term ‘employing
office’, with respect to a covered employee, means the
office, agency, or other entity in which the covered
employee is employed (or sought employment or was
employed in the case of an applicant or former em-
ployee, respectively).
‘‘(d) APPLICABILITY.—Subsections (a) through (c),
and section 417 (to the extent that it relates to any matter
under this section), shall apply with respect to violations
occurring on or after the effective date of this chapter.
‘‘SEC. 412. RIGHTS AND PROTECTIONS UNDER THE FAMILY
AND MEDICAL LEAVE ACT OF 1993.
‘‘(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PRO-
TECTIONS PROVIDED.—
‘‘(1) IN GENERAL.—The rights and protections
established by sections 101 through 105 of the Family
‘‘(A) supervising, managing, directing or
overseeing a Federal or District of Columbia offi-
cer or employee in the performance of such offi-
cer’s or employee’s official duties;
‘‘(B) providing regular advice, counsel, or
recommendations to the President, the Vice
President, a Member of Congress, or any Federal
or District of Columbia officer or employee, or
conducting meetings involving any of those indi-
viduals, as part of the Federal or District of Co-
lumbia government’s internal deliberative proc-
ess; or
‘‘(C) obligating funds of the United States
or the District of Columbia;
‘‘(2) a Reserve officer or officer of the National
Guard of the United States who is voluntarily serving
a period of extended active duty in excess of 130 days;
and
‘‘(3) the President, the Vice President, a Member
of Congress or a Federal judge only if specified in the
section.’’.
(c) NEW SECTION 202(f).—Section 202 of title 18,
United States Code, is amended by adding at the end the
following: