H. R. 3452
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Presidential
and Executive Office Accountability Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential offices.
Sec. 3. Amendments to title 28, United States Code.
Sec. 4. Applicability of future employment laws.
Sec. 5. Repeal of section 303 of the Government Employee Rights Act of 1991.
SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO
PRESIDENTIAL OFFICES.
(a) IN GENERAL.—Title 3, United States Code, is amended
by adding at the end the following:
‘‘CHAPTER 5—EXTENSION OF CERTAIN RIGHTS AND
PROTECTIONS TO PRESIDENTIAL OFFICES
‘‘SUBCHAPTER I—GENERAL PROVISIONS
‘‘Sec.
‘‘401. Definitions.
‘‘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.
‘‘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.
H. R. 3452—2
‘‘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
‘‘431. Application of chapter 71 of title 5, relating to Federal service labor-manage-
ment 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.
‘‘SUBCHAPTER IV—EFFECTIVE DATE
‘‘471. Effective date.
‘‘SUBCHAPTER I—GENERAL PROVISIONS
‘‘§ 401. Definitions.
‘‘(a) IN GENERAL.—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.
‘‘(b) 
DEFINITIONS
RELATING
TO
CERTAIN
MATTERS.—For
purposes of applying this chapter with respect to any practice
or other matter—
‘‘(1) to which section 411 relates, the terms ‘employing
office’ and ‘covered employee’ shall each be considered to have
the meaning given to the term by such section;
‘‘(2) to which section 412 relates, the term ‘covered
employee’ means a covered employee described in section
412(a)(2)(B);
‘‘(3) to which section 413 relates, the term ‘covered
employee’ excludes interns and volunteers, as described in
section 413(a)(2); and
‘‘(4) to which section 416 relates, the term ‘covered
employee’ means a covered employee described in section
416(a)(2).
‘‘§ 402. Application of laws
‘‘The following laws shall apply, as prescribed by this chapter,
to all employing offices (including employing offices within the
meaning of section 411, to the extent prescribed therein):
H. R. 3452—3
‘‘(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-manage-
ment relations) of title 5.
‘‘(8) The Employee Polygraph Protection Act of 1988.
‘‘(9) The Worker Adjustment and Retraining Notification
Act.
‘‘(10) The Rehabilitation Act of 1973.
‘‘(11) Chapter 43 (relating to veterans’ employment and
reemployment) of title 38.
‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND
PROTECTIONS
‘‘PART A—EMPLOYMENT DISCRIMINATION, FAMILY
AND MEDICAL
LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTEC-
TION, 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
‘‘(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 appro-
priate if awarded under section 1977 of the Revised Stat-
utes, 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 Discrimination in Employ-
ment Act of 1967; and
‘‘(B) such liquidated damages as would be appropriate
if awarded under section 7(b) of such Act.
H. R. 3452—4
‘‘In addition, the waiver provisions of section 7(f) of such Act
shall apply to covered employees.
‘‘(3) DISABILITIES
DISCRIMINATION.—The remedy for a
violation of subsection (a)(3) shall be—
‘‘(A) such damages as would be appropriate if awarded
under section 505(a)(1) of the Rehabilitation Act of 1973
or section 107(a) of the Americans with Disabilities Act
of 1990; and
‘‘(B) such compensatory damages as would be appro-
priate if awarded under sections 1977A(a)(2), 1977A(a)(3),
1977A(b)(2), and, irrespective of the size of the employing
office, 1977A(b)(3)(D) of the Revised Statutes.
‘‘(c) DEFINITIONS.—Except as otherwise specifically provided in
this section, as used in this section:
‘‘(1) COVERED
EMPLOYEE.—The term ‘covered employee’
means any employee of a unit of the executive branch, including
the Executive Office of the President, whether appointed by
the President or by any other appointing authority in the
executive branch, who is not otherwise entitled to bring an
action under any of the statutes referred to in subsection (a),
but does not include any individual—
‘‘(A) whose appointment is made by and with the advice
and consent of the Senate;
‘‘(B) who is appointed to an advisory committee, as
defined in section 3(2) of the Federal Advisory Committee
Act; or
‘‘(C) who is a member of the uniformed services.
‘‘(2) EMPLOYING OFFICE.—The term ‘employing office’, with
respect to a covered employee, means the office, agency, or
other entity in which the covered employee is employed (or
sought employment or was employed in the case of an applicant
or former employee, respectively).
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement paragraphs (1)
and (3) of subsection (a) and paragraphs (1) and (3) of sub-
section (b).
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the appropriate officer of an executive agency
to implement the statutory provisions referred to in paragraphs
(1) and (3) of subsection (a) and paragraphs (1) and (3) of
subsection (b)—
‘‘(A) except to the extent that the President or designee
may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this section; and
‘‘(B) except that the President or designee may, at
the discretion of the President or designee, issue regula-
tions to implement a provision of section 717 of the Civil
Rights Act of 1964 or section 501 of the Rehabilitation
Act of 1973 that applies to employees in the executive
branch of the Federal Government in lieu of an analogous
statutory provision referred to in paragraph (1) or (3) of
subsection (a) or paragraph (1) or (3) of subsection (b),
if the issuance of such regulations—
H. R. 3452—5
‘‘(i) would be equally effective for the implementa-
tion of the rights and protections under this section;
and
‘‘(ii) would promote uniformity in the application
of Federal law to employees in the executive branch
of the Federal Government.
‘‘(e) 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.
‘‘(f) EFFECTIVE DATE.—This section shall take effect on October
1, 1997.
‘‘§ 412. Rights and protections under the Family and Medical
Leave Act of 1993
‘‘(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PROTECTIONS
PROVIDED.—
‘‘(1) IN GENERAL.—The rights and protections established
by sections 101 through 105 of the Family and Medical Leave
Act of 1993 shall apply to covered employees.
‘‘(2) 
DEFINITIONS.—For 
purposes 
of 
the 
application
described in paragraph (1)—
‘‘(A) the term ‘employer’ as used in the Family and
Medical Leave Act of 1993 means any employing office;
and
‘‘(B) the term ‘eligible employee’ as used in the Family
and Medical Leave Act of 1993 means a covered employee
who has been employed in any employing office for 12
months and for at least 1,250 hours of employment during
the previous 12 months.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be such remedy, including liquidated damages, as would be
appropriate if awarded under paragraph (1) of section 107(a) of
the Family and Medical Leave Act of 1993.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsections (a) and (b)—
‘‘(A) except to the extent that the President or designee
may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this section; and
‘‘(B) except that the President or designee may, at
the discretion of the President or designee, issue regula-
tions to implement a provision of subchapter V of chapter
63 of title 5, United States Code, that applies to employees
in the executive branch of the Federal Government in
lieu of an analogous statutory provision referred to in sub-
section (a) or (b), if the issuance of such regulations—
‘‘(i) would be equally effective for the implementa-
tion of the rights and protections under this section;
and
H. R. 3452—6
‘‘(ii) would promote uniformity in the application
of Federal law to employees in the executive branch
of the Federal Government.
‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect
on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(c); or
‘‘(2) October 1, 1998.
‘‘§ 413. Rights 
and 
protections 
under 
the 
Fair 
Labor
Standards Act of 1938
‘‘(a) FAIR LABOR STANDARDS.—
‘‘(1) IN GENERAL.—The rights and protections established
by subsections (a)(1) and (d) of section 6, section 7, and section
12(c) of the Fair Labor Standards Act of 1938 shall apply
to covered employees.
‘‘(2) INTERNS AND VOLUNTEERS.—For the purposes of this
section, the term ‘covered employee’ does not include an intern
or a volunteer as defined in regulations under subsection (c).
‘‘(3) COMPENSATORY TIME.—Except as provided in regula-
tions under subsection (c)(3), covered employees may not receive
compensatory time in lieu of overtime compensation.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be such damages, including liquidated damages, as would
be appropriate if awarded under section 16(b) of the Fair Labor
Standards Act of 1938.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—Except as provided in para-
graph (3), the regulations issued under paragraph (1) shall
be the same as substantive regulations promulgated by the
Secretary of Labor to implement the statutory provisions
referred to in subsections (a) and (b) except to the extent
that the President or designee may determine, for good cause
shown and stated together with the regulation, that a modifica-
tion of such regulations would be more effective for the
implementation of the rights and protections under this section.
‘‘(3) IRREGULAR WORK SCHEDULES.—The President or des-
ignee shall issue regulations for covered employees whose work
schedules directly depend on the schedule of the President
or the Vice President that shall be comparable to the provisions
in the Fair Labor Standards Act of 1938 that apply to employees
who have irregular work schedules.
‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect
on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(c); or
‘‘(2) October 1, 1998.
‘‘§ 414. Rights 
and 
protections 
under 
the 
Employee
Polygraph Protection Act of 1988
‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No employing office
may require a covered employee to take a lie detector test where
such a test would be prohibited if required by an employer under
paragraph (1), (2), or (3) of section 3 of the Employee Polygraph
H. R. 3452—7
Protection Act of 1988. In addition, the waiver provisions of section
6(d) of such Act shall apply to covered employees.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be such damages as would be appropriate if awarded under
section 6(c)(1) of the Employee Polygraph Protection Act of 1988.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsections (a) and (b) except
to the extent that the President or designee may determine,
for good cause shown and stated together with the regulation,
that a modification of such regulations would be more effective
for the implementation of the rights and protections under
this section.
‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect
on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(c); or
‘‘(2) October 1, 1998.
‘‘§ 415. Rights and protections under the Worker Adjustment
and Retraining Notification Act
‘‘(a) WORKER
ADJUSTMENT
AND
RETRAINING
NOTIFICATION
RIGHTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no employing office shall be closed or mass layoff ordered within
the meaning of section 3 of the Worker Adjustment and Retrain-
ing Notification Act until the end of a 60-day period after
the employing office serves written notice of such prospective
closing or layoff to representatives of covered employees or,
if there are no representatives, to covered employees.
‘‘(2) EXCEPTION.—
‘‘(A) IN
GENERAL.—In the event that a President
(hereinafter in this paragraph referred to as the ‘previous
President’) is not elected to a successive term in office
as a result of the election of a new President—
‘‘(i) no notice or waiting period shall be required
under paragraph (1) with respect to the separation
of any individual described in subparagraph (B), if
such separation occurs pursuant to a closure or mass
layoff ordered after the term of the new President
commences; and
‘‘(ii) if any individual is separated from service,
or begins a period of leave under the Family and
Medical Leave Act of 1993, before such term com-
mences, nothing in this chapter shall require reinstate-
ment or restoration to employment of the individual
after such term commences.
‘‘(B) DESCRIPTION
OF
INDIVIDUALS.—An individual
described in this subparagraph is any covered employee
serving pursuant to an appointment made during—
‘‘(i) 
the 
term 
of 
office 
of 
the 
previous
President; or
H. R. 3452—8
‘‘(ii) any term, earlier than the term referred to
in clause (i), during which such previous President
served as President or Vice President.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be such damages as would be appropriate if awarded under
paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment
and Retraining Notification Act.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsections (a) and (b) except
to the extent that the President or designee may determine,
for good cause shown and stated together with the regulation,
that a modification of such regulations would be more effective
for the implementation of the rights and protections under
this section.
‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect
on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(c); or
‘‘(2) October 1, 1998.
‘‘§ 416. Rights 
and 
protections 
relating 
to 
veterans’
employment and reemployment
‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS
OF THE UNIFORMED SERVICES.—
‘‘(1) IN GENERAL.—It shall be unlawful for an employing
office to—
‘‘(A) discriminate, within the meaning of subsections
(a) and (b) of section 4311 of title 38, against an eligible
employee;
‘‘(B) deny to an eligible employee reemployment rights
within the meaning of sections 4312 and 4313 of title
38; or
‘‘(C) deny to an eligible employee benefits within the
meaning of sections 4316, 4317, and 4318 of title 38.
‘‘(2) DEFINITION.—For purposes of this section, the term
‘eligible employee’ means a covered employee performing service
in the uniformed services, within the meaning of section
4303(13) of title 38, whose service has not been terminated
upon the occurrence of any of the events enumerated in section
4304 of such title.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be such damages as would be appropriate if awarded under
paragraphs (1) and (2)(A) of section 4323(c) of title 38.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsections (a) and (b)—
‘‘(A) except to the extent that the President or designee
may determine, for good cause shown and stated together
H. R. 3452—9
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this section; and
‘‘(B) except that the President or designee may, at
the discretion of the President or designee, issue
regulations to implement a provision of section 4314 or
4324 of title 38, United States Code, that applies to
employees in the executive branch of the Federal Govern-
ment in lieu of an analogous statutory provision referred
to in subsection (a) or (b), if the issuance of such regula-
tions—
‘‘(i) would be equally effective for the implementa-
tion of the rights and protections under this section;
and
‘‘(ii) would promote uniformity in the application
of Federal law to employees in the executive branch
of the Federal Government.
‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect
on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(c); or
‘‘(2) October 1, 1998.
‘‘§ 417. Prohibition of intimidation or reprisal
‘‘(a) IN GENERAL.—It shall be unlawful for an employing office
to intimidate, take reprisal against, or otherwise discriminate
against, any covered employee because the covered employee has
opposed any practice made unlawful by this chapter, or because
the covered employee has initiated proceedings, made a charge,
or testified, assisted, or participated in any manner in a hearing
or other proceeding under this chapter.
‘‘(b) REMEDY.—A violation of subsection (a) may be remedied
by any legal remedy available to redress the practice opposed by
the covered employee or other violation of law as to which the
covered employee initiated proceedings, made a charge, or engaged
in other conduct protected under subsection (a).
‘‘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
‘‘(a) RIGHTS
AND PROTECTIONS.—The rights and protections
against discrimination in the provision of public services and accom-
modations established by sections 201, 202, and 204, and sections
302, 303, and 309, of the Americans with Disabilities Act of 1990
shall apply, to the extent that public services, programs, or activities
are provided, with respect to the White House and its appurtenant
grounds and gardens, the Old Executive Office Building, the New
Executive Office Buildings, and any other facility to the extent
that offices are provided for employees of the Executive Office
of the President.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be such remedy as would be appropriate if awarded under
section 203 or 308 of the Americans with Disabilities Act of 1990,
as the case may be, except that, with respect to any claim of
employment discrimination, the exclusive remedy shall be under
H. R. 3452—10
section 411 of this title. A remedy under the preceding sentence
shall be enforced in accordance with applicable provisions of such
section 203 or 308, as the case may be.
‘‘(c) DEFINITION.—For purposes of the application under this
section of the Americans with Disabilities Act of 1990, the term
‘public entity’ as used in such Act, means, to the extent that
public services, programs, or activities are provided, the White
House and its appurtenant grounds and gardens, the Old Executive
Office Building, the New Executive Office Buildings, and any other
facility to the extent that offices are provided for employees of
the Executive Office of the President.
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the appropriate officer of an executive agency
to implement the statutory provisions referred to in subsections
(a) and (b)—
‘‘(A) except to the extent that the President or designee
may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this section; and
‘‘(B) except that the President or designee may, at
the discretion of the President or designee, issue regula-
tions to implement a provision of section 1, 2, 3, or 6
of the Act entitled ‘An Act to insure that certain buildings
financed with Federal funds are so designed and con-
structed as to be accessible to the physically handicapped’,
approved August 12, 1968 (commonly known as the
‘Architectural Barriers Act of 1968’) or section 501 of the
Rehabilitation Act of 1973 that applies to agencies of the
executive branch of the Federal Government in lieu of
an analogous statutory provision referred to in subsection
(a) or (b), if the issuance of such regulations—
‘‘(i) would be equally effective for the implementa-
tion of the rights and protections under this section;
and
‘‘(ii) would promote uniformity in the application
of Federal law to agencies of the executive branch
of the Federal Government.
‘‘(e) EFFECTIVE DATE.—Subsections (a), (b), and (c) shall take
effect on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(d); or
‘‘(2) October 1, 1998.
‘‘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
‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTECTIONS.—
‘‘(1) IN GENERAL.—Each employing office and each covered
employee shall comply with the provisions of section 5 of the
Occupational Safety and Health Act of 1970.
H. R. 3452—11
‘‘(2) DEFINITIONS.—For purposes of the application under
this section of the Occupational Safety and Health Act of 1970—
‘‘(A) the term ‘employer’ as used in such Act means
an employing office; and
‘‘(B) the term ‘employee’ as used in such Act means
a covered employee.
‘‘(b) REMEDY.—The remedy for a violation of subsection (a)
shall be an order to correct the violation, including such
order as would be appropriate if issued under section 13(a) of
the Occupational Safety and Health Act of 1970.
‘‘(c) PROCEDURES.—
‘‘(1) REQUESTS
FOR
INSPECTIONS.—Upon written request
of any employing office or covered employee, the Secretary
of Labor shall have the authority to inspect and investigate
places of employment under the jurisdiction of employing offices
in accordance with subsections (a), (d), (e), and (f) of section
8 of the Occupational Safety and Health Act of 1970.
‘‘(2) 
CITATIONS, 
NOTICES, 
AND
NOTIFICATIONS.—The
Secretary of Labor shall have the authority, in accordance
with sections 9 and 10 of the Occupational Safety and Health
Act of 1970, to issue—
‘‘(A) a citation or notice to any employing office respon-
sible for correcting a violation of subsection (a); or
‘‘(B) a notification to any employing office that the
Secretary of Labor believes has failed to correct a violation
for which a citation has been issued within the period
permitted for its correction.
‘‘(3) HEARINGS
AND
REVIEW.—If after issuing a citation
or notification, the Secretary of Labor determines that a viola-
tion has not been corrected—
‘‘(A) the citation and notification shall be deemed a
final order (within the meaning of section 10(b) of the
Occupational Safety and Health Act of 1970) if the employer
fails to notify the Secretary of Labor within 15 days (exclud-
ing Saturdays, Sundays, and Federal holidays) after receipt
of the notice that the employer intends to contest the
citation or notification; or
‘‘(B) opportunity for a hearing before the Occupational
Safety and Health Review Commission shall be afforded
in accordance with section 10(c) of the Occupational Safety
and Health Act of 1970, if the employer gives timely notice
to the Secretary that he intends to contest the citation
or notification.
‘‘(4) VARIANCE
PROCEDURES.—An employing office may
request from the Secretary of Labor an order granting a
variance from a standard made applicable by this section, in
accordance with sections 6(b)(6) and 6(d) of the Occupational
Safety and Health Act of 1970.
‘‘(5) JUDICIAL
REVIEW.—Any person or employing office
aggrieved by a final decision of the Occupational Safety and
Health Review Commission under paragraph (3) or the
Secretary of Labor under paragraph (4) may file a petition
for review with the United States Court of Appeals for the
Federal Circuit under section 1296 of title 28.
‘‘(6) COMPLIANCE
DATE.—If new appropriated funds are
necessary to correct a violation of subsection (a) for which
a citation is issued, or to comply with an order requiring
H. R. 3452—12
correction of such a violation, correction or compliance shall
take place as soon as possible, but not later than the end
of the fiscal year following the fiscal year in which the citation
is issued or the order requiring correction becomes final and
not subject to further review.
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsections (a) and (b)—
‘‘(A) except to the extent that the President or designee
may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this section; and
‘‘(B) except that the President or designee may, at
the discretion of the President or designee, issue
regulations to implement a provision of section 19 of the
Occupational Safety and Health Act of 1970 that applies
to agencies or employees of the executive branch of the
Federal Government in lieu of an analogous statutory provi-
sion referred to in subsection (a) or (b), if the issuance
of such regulations—
‘‘(i) would be equally effective for the implementa-
tion of the rights and protections under this section;
and
‘‘(ii) would promote uniformity in the application
of Federal law to employees in the executive branch
of the Federal Government.
‘‘(3) EMPLOYING OFFICE RESPONSIBLE FOR CORRECTION.—
The regulations issued under paragraph (1) shall include a
method of identifying, for purposes of this section and for
different categories of violations of subsection (a), the employing
office responsible for correction of a particular violation.
‘‘(e) EFFECTIVE DATE.—Subsections (a) through (c) shall take
effect on the earlier of—
‘‘(1) the effective date of regulations issued under subsection
(d); or
‘‘(2) October 1, 1998.
‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘§ 431. Application of chapter 71 of title 5, relating to Federal
service labor-management relations; procedures for
remedy of violations
‘‘(a) LABOR-MANAGEMENT RIGHTS.—Subject to subsection (d),
chapter 71 of title 5 shall apply to employing offices and to covered
employees and representatives of those employees, except that
covered employees shall not have a right to reinstatement pursuant
to section 7118(a)(7)(C) or 7123 of title 5.
‘‘(b) DEFINITION.—For purposes of the application under this
section of chapter 71 of title 5, the term ‘agency’ as used in such
chapter means an employing office.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
H. R. 3452—13
‘‘(1) IN GENERAL.—The Federal Labor Relations Authority
shall issue regulations to implement this section.
‘‘(2) 
AGENCY
REGULATIONS.—Except 
as 
provided 
in
subsection (d), the regulations issued under paragraph (1) shall
be the same as substantive regulations promulgated by the
Authority to implement the statutory provisions referred to
in subsection (a), except—
‘‘(A) to the extent the Authority may determine, for
good cause shown and stated together with the regulation,
that a modification of such regulations would be more
effective for the implementation of the rights and protec-
tions under this section; or
‘‘(B) as the Authority may determine that a modifica-
tion of such regulations is necessary to avoid a conflict
of interest or appearance of a conflict of interest.
‘‘(d) SPECIFIC
REGULATIONS
REGARDING
APPLICATIONS
TO
CERTAIN EMPLOYING OFFICES.—
‘‘(1) REGULATIONS
REQUIRED.—The Authority shall issue
regulations on the manner and the extent to which the require-
ments and exemptions of chapter 71 of title 5 should apply
to covered employees who are employed in the offices listed
in paragraph (2). The regulations shall, to the greatest extent
practicable, be consistent with the provisions and purposes
of chapter 71 of title 5 and of this chapter, and shall be
the same as the substantive regulations issued by the Authority
under such chapter, except—
‘‘(A) to the extent the Authority may determine, for
good cause shown and stated together with the regulation,
that a modification of such regulations would be more
effective for the implementation of the rights and protec-
tions under this section; and
‘‘(B) that the Authority shall exclude from coverage
under this section any covered employees who are employed
in offices listed in paragraph (2) if the Authority determines
that such exclusion is required because of—
‘‘(i) a conflict of interest or appearance of a conflict
of interest; or
‘‘(ii) the President’s or Vice President’s constitu-
tional responsibilities.
‘‘(2) OFFICES
REFERRED
TO.—The offices referred to in
paragraph (1) include—
‘‘(A) the White House Office;
‘‘(B) the Executive Residence at the White House;
‘‘(C) the Office of the Vice President;
‘‘(D) the Office of Policy Development;
‘‘(E) the Council of Economic Advisers;
‘‘(F) the National Security Council;
‘‘(G) the Office of Management and Budget; and
‘‘(H) the Office of National Drug Control Policy.
‘‘(e) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
subsections (a) and (b) shall take effect on the earlier of—
‘‘(A) the effective date of regulations issued under sub-
section (c); or
‘‘(B) October 1, 1998.
‘‘(2) CERTAIN EMPLOYING OFFICES.—Subsections (a) and (b)
shall take effect, with respect to employing offices, and
H. R. 3452—14
employees of employing offices, referred to in subsection (d)(2),
on the earlier of—
‘‘(A) the effective date of regulations issued under
subsection (d); or
‘‘(B) October 1, 1998.
‘‘PART E—GENERAL
‘‘§ 435. Generally applicable remedies and limitations
‘‘(a) ATTORNEY’S FEES.—If a covered employee, with respect
to any claim under this chapter, or a qualified person with a
disability, with respect to any claim under section 421, is a prevail-
ing party in any proceeding under section 453(1), the administrative
agency may award attorney’s fees, expert fees, and any other costs
as would be appropriate if awarded under section 706(k) of the
Civil Rights Act of 1964.
‘‘(b) INTEREST.—In any proceeding under section 453(1), the
same interest to compensate for delay in payment shall be made
available as would be appropriate if awarded under section 717(d)
of the Civil Rights Act of 1964.
‘‘(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—Except as other-
wise provided in this chapter, no civil penalty or punitive damages
may be awarded with respect to any claim under this chapter.
‘‘(d) EXCLUSIVE PROCEDURE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no person may commence an administrative or judicial proceed-
ing to seek a remedy for the rights and protections afforded
by this chapter except as provided in this chapter and in
sections 1296 and 1346(g) and chapter 179 of title 28.
‘‘(2) VETERANS.—A covered employee under section 416 may
also utilize any provisions of chapter 43 of title 38 that are
applicable to that employee.
‘‘(e) SCOPE OF REMEDY.—Only a covered employee who has
undertaken and completed the procedures described in section 452
may be granted a remedy under part A of this subchapter.
‘‘(f) CONSTRUCTION.—
‘‘(1) 
DEFINITIONS
AND
EXEMPTIONS.—Except 
where
inconsistent with definitions and exemptions provided in this
chapter, the definitions and exemptions in the laws made
applicable by this chapter shall apply under this chapter.
‘‘(2) SIZE
LIMITATIONS.—Notwithstanding paragraph (1),
provisions in the laws made applicable under this chapter (other
than paragraphs (2) and (3) of section 2(a) of the Worker
Adjustment and Retraining Notification Act) determining cov-
erage based on size, whether expressed in terms of numbers
of employees, amount of business transacted, or other measure,
shall not apply in determining coverage under this chapter.
‘‘(g) POLITICAL AFFILIATION.—It shall not be a violation of any
provision of this chapter to consider, or make any employment
decision based on, the party affiliation, or political compatibility
with the employing office, of an employee who is a covered employee.
H. R. 3452—15
‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL
DISPUTE RESOLUTION PROCEDURES
‘‘§ 451. Procedure for consideration of alleged violations
‘‘The procedure for consideration of alleged violations of part
A of subchapter II consists of—
‘‘(1) counseling and mediation as provided in section
452; and
‘‘(2) election, as provided in section 453, of either—
‘‘(A) an administrative proceeding as provided in
section 453(1) and judicial review as provided in section
1296 of title 28; or
‘‘(B) a civil action in a district court of the United
States as provided in section 1346(g) of title 28.
‘‘§ 452. Counseling and mediation
‘‘(a) IN GENERAL.—The President, or the designee of the
President, shall by regulation establish procedures substantially
similar to those under sections 402 and 403 of the Congressional
Accountability Act of 1995 for the counseling and mediation of
alleged violations of a law made applicable under part A of sub-
chapter II.
‘‘(b) EXHAUSTION REQUIREMENT.—A covered employee who has
not exhausted counseling and mediation under subsection (a) shall
be ineligible to make any election under section 453 or otherwise
pursue any further form of relief under this subchapter.
‘‘§ 453. Election of proceeding
‘‘Not later than 90 days after a covered employee receives
notice of the end of the period of mediation, but no sooner than
30 days after receipt of such notification, such covered employee
may either—
‘‘(1) file a complaint with the appropriate agency, as
determined under section 454; or
‘‘(2) file a civil action under section 1346(g) of title 28.
‘‘§ 454. Appropriate agencies
‘‘(a) IN GENERAL.—Except as provided in subsection (b), the
appropriate agency under this section with respect to an alleged
violation of part A of subchapter II shall be the Board. The com-
plaint in an action involving such an alleged violation shall be
processed under the procedures specified by the President, or the
designee of the President, in such regulations as the President
or designee may issue.
‘‘(b) EXCEPTIONS.—
‘‘(1) DISCRIMINATION.—For purposes of any action arising
under section 411 (or any action alleging intimidation, reprisal,
or discrimination under section 417 relating to any practice
made unlawful under section 411), the appropriate agency shall
be the Equal Employment Opportunity Commission, and the
complaint in any such action shall be processed under the
same administrative procedures as any such complaint filed
by any employee in the executive branch of the Federal
Government (other than a covered employee).
‘‘(2) MIXED CASES.—In the case of any covered employee
(within the meaning of section 411) who has been affected
by an action which an employee of an executive agency may
H. R. 3452—16
appeal to the Board and who alleges that a basis for the
action was discrimination prohibited by section 411 (or any
action alleging intimidation, reprisal, or discrimination under
section 417 relating to any practice made unlawful under sec-
tion 411), the initial appropriate agency shall be the Board,
and such matter shall thereafter be processed in accordance
with section 7702(a)–(d) (disregarding paragraph (2) of such
subsection (a)) and (f) of title 5.
‘‘(3) 
JUDICIAL
REVIEW.—Notwithstanding 
any 
other
provision of law (including any provision of law referenced
in paragraph (1) or (2)), judicial review of any administrative
decision under this subsection shall be by appeal to the United
States Court of Appeals for the Federal Circuit under section
1296 of title 28.
‘‘§ 455. Effect of failure to issue regulations
‘‘In any proceeding under section 453(1), if the President, or
the designee of the President, has not issued a regulation on a
matter for which this chapter requires a regulation to be issued,
the administrative agency shall apply, to the extent necessary and
appropriate, the most relevant substantive executive agency regula-
tion promulgated to implement the statutory provision at issue
in the proceeding.
‘‘§ 456. Confidentiality
‘‘(a) COUNSELING.—All counseling under section 452 shall be
strictly confidential, except that, with the consent of the covered
employee, the employing office may be notified.
‘‘(b) MEDIATION.—All mediation under section 452 shall be
strictly confidential.
‘‘SUBCHAPTER IV—EFFECTIVE DATE
‘‘§ 471. Effective date
‘‘(a) IN GENERAL.—Except as otherwise provided in this chapter,
this chapter shall take effect on October 1, 1997.
‘‘(b) REGULATIONS.—Sections 411(d), 412(c), 413(c), 414(c),
415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a)
shall take effect on the date of enactment of this Act.’’.
(b) REGULATIONS.—Appropriate measures shall be taken to
ensure that—
(1) any regulations required to implement section 411 of
title 3, United States Code, shall be in effect by October 1,
1997; and
(2) any other regulations needed to implement chapter
5 of title 3, United States Code, shall be in effect as soon
as practicable, but not later than October 1, 1998.
(c) TECHNICAL AMENDMENT.—The table of chapters for title
3, United States Code, is amended by adding at the end the
following:
‘‘5. Extension of Certain Rights and Protections to Presidential
Offices ......................................................................................................
401’’.
SEC. 3. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) CIRCUIT COURT JURISDICTION.—
(1) IN GENERAL.—Chapter 83 of title 28, United States
Code, is amended by adding at the end the following:
H. R. 3452—17
‘‘§ 1296. Review of certain agency actions
‘‘(a) JURISDICTION.—Subject to the provisions of chapter 179,
the United States Court of Appeals for the Federal Circuit shall
have jurisdiction over a petition for review of a final decision under
chapter 5 of title 3 of—
‘‘(1) an appropriate agency (as determined under section
454 of title 3);
‘‘(2) the Federal Labor Relations Authority made under
part D of subchapter II of chapter 5 of title 3, notwithstanding
section 7123 of title 5; or
‘‘(3) the Secretary of Labor or the Occupational Safety
and Health Review Commission, made under part C of
subchapter II of chapter 5 of title 3.
‘‘(b) FILING OF PETITION.—Any petition for review under this
section must be filed within 30 days after the date the petitioner
receives notice of the final decision.’’.
(2) TABLE OF SECTIONS.—The table of sections for chapter
83 of title 28, United States Code, is amended by adding at
the end the following:
‘‘1296. Review of certain agency actions.’’.
(b) DISTRICT COURT ACTIONS.—
(1) JURISDICTION.—Section 1346 of title 28, United States
Code, is amended by adding at the end the following:
‘‘(g) Subject to the provisions of chapter 179, the district courts
of the United States shall have exclusive jurisdiction over any
civil action commenced under section 453(2) of title 3, by a covered
employee under chapter 5 of such title.’’.
(2) VENUE.—
(A) IN GENERAL.—Chapter 37 of title 28, United States
Code, relating to venue, is amended by adding at the end
the following:
‘‘§ 1413. Venue of cases under chapter 5 of title 3
‘‘Notwithstanding the preceding provisions of this chapter, a
civil action under section 1346(g) may be brought in the United
States district court for the district in which the employee is
employed or in the United States District Court for the District
of Columbia.’’.
(B) TABLE OF SECTIONS.—The table of sections for chap-
ter 37 of title 28, United States Code, relating to venue,
is amended by adding at the end the following:
‘‘1413. Venue of cases under chapter 5 of title 3.’’.
(3) JURY TRIALS.—Section 2402 of title 28, United States
Code (relating to jury trials), is amended by striking ‘‘Any
action’’ and inserting ‘‘Subject to chapter 179 of this title, any
action’’.
(c) PROCEDURE.—Part VI of title 28, United States Code, is
amended by adding at the end the following new chapter:
‘‘Chapter 179—Judicial Review of Certain Actions by
Presidential Offices
‘‘Sec.
‘‘3901. Civil actions.
‘‘3902. Judicial review of regulations.
‘‘3903. Effect of failure to issue regulations.
‘‘3904. Expedited review of certain appeals.
H. R. 3452—18
‘‘3905. Attorney’s fees and interest.
‘‘3906. Payments.
‘‘3907. Other judicial review prohibited.
‘‘3908. Definitions.
‘‘§ 3901. Civil actions
‘‘(a) PARTIES.—In an action under section 1346(g) of this title,
the defendant shall be the employing office alleged to have
committed the violation involved.
‘‘(b) JURY TRIAL.—In an action described in subsection (a),
any party may demand a jury trial where a jury trial would be
available in an action against a private defendant under the rel-
evant law made applicable by chapter 5 of title 3. In any case
in which a violation of section 411 of title 3 is alleged, the court
shall not inform the jury of the maximum amount of compensatory
damages available under section 411(b)(1) or 411(b)(3) of title 3.
‘‘§ 3902. Judicial review of regulations
‘‘In any proceeding under section 1296 or 1346(g) of this title
in which the application of a regulation issued under chapter 5
of title 3 is at issue, the court may review the validity of the
regulation in accordance with the provisions of subparagraphs (A)
through (D) of section 706(2) of title 5. If the court determines
that the regulation is invalid, the court shall apply, to the extent
necessary and appropriate, the most relevant substantive executive
agency regulation promulgated to implement the statutory provi-
sions with respect to which the invalid regulation was issued.
Except as provided in this section, the validity of regulations issued
under this chapter is not subject to judicial review.
‘‘§ 3903. Effect of failure to issue regulations
‘‘In any proceeding under section 1296 or 1346(g) of this title,
if the President, the designee of the President, or the Federal
Labor Relations Authority has not issued a regulation on a matter
for which chapter 5 of title 3 requires a regulation to be issued,
the court shall apply, to the extent necessary and appropriate,
the most relevant substantive executive agency regulation promul-
gated to implement the statutory provision at issue in the
proceeding.
‘‘§ 3904. Expedited review of certain appeals
‘‘(a) IN GENERAL.—An appeal may be taken directly to the
Supreme Court of the United States from any interlocutory or
final judgment, decree, or order of a court upon the constitutionality
of any provision of chapter 5 of title 3.
‘‘(b) JURISDICTION.—The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over the appeal
referred to in subsection (a), advance the appeal on the docket,
and expedite the appeal to the greatest extent possible.
‘‘§ 3905. Attorney’s fees and interest
‘‘(a) ATTORNEY’S FEES.—If a covered employee, with respect
to any claim under chapter 5 of title 3, or a qualified person
with a disability, with respect to any claim under section 421
of title 3, is a prevailing party in any proceeding under section
1296 or section 1346(g), the court may award attorney’s fees, expert
fees, and any other costs as would be appropriate if awarded under
section 706(k) of the Civil Rights Act of 1964.
H. R. 3452—19
‘‘(b) INTEREST.—In any proceeding under section 1296 or section
1346(g), the same interest to compensate for delay in payment
shall be made available as would be appropriate if awarded under
section 717(d) of the Civil Rights Act of 1964.
‘‘(c) PUNITIVE DAMAGES.—Except as otherwise provided in
chapter 5 of title 3, no punitive damages may be awarded with
respect to any claim under chapter 5 of title 3.
‘‘§ 3906. Payments
‘‘A judgment, award, or compromise settlement against the
United States under this chapter (including any interest and costs)
shall be paid—
‘‘(1) under section 1304 of title 31, if it arises out of an
action commenced in a district court of the United States (or
any appeal therefrom); or
‘‘(2) out of amounts otherwise appropriated or available
to the office involved, if it arises out of an appeal from an
administrative proceeding under chapter 5 of title 3.
‘‘§ 3907. Other judicial review prohibited
‘‘Except as expressly authorized by this chapter and chapter
5 of title 3, the compliance or noncompliance with the provisions
of chapter 5 of title 3, and any action taken pursuant to chapter
5 of title 3, shall not be subject to judicial review.
‘‘§ 3908. Definitions.
‘‘For purposes of applying this chapter, the terms ‘employing
office’ and ‘covered employee’ have the meanings given those terms
in section 401 of title 3.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1997.
(e) CONFORMING AMENDMENTS.—The table of chapters for part
VI of title 28, United States Code, is amended by adding at the
end the following:
‘‘179. Judicial Review of Certain Actions by Presidential Offices ......... 3901’’.
SEC. 4. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.
(a) IN GENERAL.—Each provision of Federal law that is made
applicable to the legislative branch under section 102 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1302), and that
is enacted later than 12 months after the date of the enactment
of this Act, shall be deemed to apply with respect to ‘‘employing
offices’’ and ‘‘covered employees’’ (within the meaning of section
401 of title 3, United States Code, as added by this Act), unless
such law specifically provides otherwise and expressly cites this
section.
(b) REGULATIONS.—
(1) IN GENERAL.—The President, or the designee of the
President, shall issue regulations to implement such provision.
(2) AGENCY REGULATIONS.—The regulations issued under
paragraph (1) to implement a provision shall be the same
as substantive regulations promulgated by the head of the
appropriate executive agency to implement the provision, except
to the extent that the President or designee may determine,
for good cause shown and stated together with the regulation,
that a modification of such regulations would be more effective
H. R. 3452—20
for the implementation of the rights and protections under
the section.
SEC. 5. REPEAL OF SECTION 303 OF THE GOVERNMENT EMPLOYEE
RIGHTS ACT OF 1991.
(a) IN GENERAL.—Section 303 of the Government Employee
Rights Act of 1991 (as redesignated by section 504(a)(3) of the
Congressional Accountability Act of 1995) is repealed.
(b) EFFECTIVE DATE.—This section shall take effect on October
1, 1997.
(c) SAVINGS PROVISION.—The repeal under this section shall
not affect proceedings under such section 303 in which a complaint
was filed before the effective date of this section, and orders shall
be issued in such proceedings and appeals shall be taken therefrom
as if this section had not been enacted.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.