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tion of law as to which the covered employee initiated pro-
ceedings, made a charge, or engaged in other conduct pro-
tected under subsection (a).
‘‘(c) DEFINITIONS.—For purposes of applying this
section with respect to any practice or other matter to
which section 411 relates, the terms ‘employing office’ and
‘covered employee’ shall each be considered to have the
meaning given to it by such section.
‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER
THE AMERICANS WITH DISABILITIES ACT OF 1990
‘‘SEC. 420. RIGHTS AND PROTECTIONS UNDER THE AMERI-
CANS WITH DISABILITIES ACT OF 1990.
‘‘(a) RIGHTS AND PROTECTIONS.—The rights and
protections against discrimination in the provision of pub-
lic services and accommodations 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 ap-
purtenant 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 sub-
section (a) shall be such remedy as would be appropriate
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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 discrimina-
tion, the exclusive remedy shall be under 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 ac-
tivities 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.
‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970
‘‘SEC. 425. RIGHTS AND PROTECTIONS UNDER THE OCCU-
PATIONAL SAFETY AND HEALTH ACT OF 1970;
PROCEDURES FOR REMEDY OF VIOLATIONS.
‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC-
TIONS.—
‘‘(1) IN GENERAL.—Each employing office and
each covered employee shall comply with the provi-
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sions of section 5 of the Occupational Safety and
Health Act of 1970.
‘‘(2) DEFINITIONS.—For purposes of the appli-
cation 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 sub-
section (a) shall be an order to correct the violation, in-
cluding 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 writ-
ten request of any employing office or covered em-
ployee, the Secretary of Labor shall have the author-
ity to inspect and investigate places of employment
under the jurisdiction of employing offices in accord-
ance with subsections (a), (d), (e), and (f) of section
8 of the Occupational Safety and Health Act of
1970.
‘‘(2) CITATIONS, 
NOTICES, 
AND
NOTIFICA-
TIONS.—The Secretary of Labor shall have the au-
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thority, 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 responsible 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 de-
termines that a violation 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 no-
tify the Secretary of Labor within 15 days (ex-
cluding Saturdays, Sundays, and Federal holi-
days) after receipt of the notice that he intends
to contest the citation or notification; or
‘‘(B) opportunity for a hearing before the
Occupational Safety and Health Review Com-
mission shall be afforded in accordance with
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section 10(c) of the Occupational Safety and
Health Act of 1970, if the employer gives time-
ly 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 ap-
plicable 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 em-
ploying office aggrieved by a final decision of the Oc-
cupational Safety and Health Review Commission
under paragraph (3) or the Secretary of Labor
under paragraph (4) may file a petition for review
with the appropriate United States circuit court of
appeals under section 1296 of title 28.
‘‘(6) COMPLIANCE DATE.—If new appropriated
funds are necessary to correct a violation of sub-
section (a) for which a citation is issued, or to com-
ply with an order requiring correction of such a vio-
lation, 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 cita-
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tion is issued or the order requiring correction be-
comes final and not subject to further review.
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—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 Sec-
retary of Labor to implement the statutory provi-
sions referred to in subsection (a) except to the ex-
tent that the President 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.
‘‘(3) EMPLOYING
OFFICE
RESPONSIBLE
FOR
CORRECTION.—The regulations issued under para-
graph (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.
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‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RE-
LATING TO FEDERAL SERVICE LABOR-MAN-
AGEMENT 
RELATIONS; 
PROCEDURES 
FOR
REMEDY OF VIOLATIONS.
‘‘(a) LABOR-MANAGEMENT RIGHTS.—Subject to sub-
section (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 ‘agen-
cy’ as used in such chapter means an employing office.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The Federal Labor Rela-
tions Authority shall issue regulations to implement
this section.
‘‘(2) AGENCY REGULATIONS.—Except as pro-
vided in subsection (d), the regulations issued under
paragraph (1) shall be the same as substantive regu-
lations promulgated by the Authority to implement
the statutory provisions referred to in subsection (a),
except—
‘‘(A) to the extent the Authority may de-
termine, for good cause shown and stated to-
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gether 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 deems necessary to
avoid a conflict of interest or appearance of a
conflict of interest.
‘‘(d) SPECIFIC REGULATIONS REGARDING APPLICA-
TIONS TO CERTAIN EMPLOYING OFFICES.—
‘‘(1) REGULATIONS REQUIRED.—The Authority
shall issue regulations on the manner and the extent
to which the requirements and exemptions of chap-
ter 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 Federal Labor Relations Authority
under such chapter, except—
‘‘(A) to the extent the Authority may de-
termine, for good cause shown and stated to-
gether with the regulation, that a modification
of such regulations would be more effective for
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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 employ-
ees who are employed in offices listed in para-
graph (2) if the Authority determines that such
exclusion is required because of—
‘‘(i) a conflict of interest or appear-
ance of a conflict of interest; or
‘‘(ii) the President’s or Vice Presi-
dent’s constitutional responsibilities.
‘‘(2) OFFICES REFERRED TO.—The offices re-
ferred 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 Advisors;
‘‘(F) the National Security Council;
‘‘(G) the Office of Management and Budg-
et;
‘‘(H) the Office of National Drug Control
Policy; and
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‘‘(I) the Office of the Inspector General of
the Executive Office of the President.
‘‘PART E—GENERAL
‘‘SEC. 435. GENERALLY APPLICABLE REMEDIES AND LIMI-
TATIONS.
‘‘(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 420, is a prevailing party in any proceeding under
section 453(1), the administrative agency may award at-
torney’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 pay-
ment 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 otherwise provided in this chapter, no civil pen-
alty or punitive damages may be awarded with respect to
any claim under this chapter.
‘‘(d) EXCLUSIVE PROCEDURE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no person may commence an administra-
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tive or judicial proceeding to seek a remedy for the
rights and protections afforded by this chapter ex-
cept 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 chap-
ter 43 of title 38 that are applicable to that em-
ployee.
‘‘(e) SCOPE OF REMEDY.—Only a covered employee
who has undertaken and completed the procedures de-
scribed 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 exemp-
tions in the laws made applicable by this chapter
shall apply under this chapter.
‘‘(2) 
SIZE
LIMITATIONS.—Notwithstanding
paragraph (1), provisions in the laws made applica-
ble 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 trans-
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acted, or other measure, shall not apply in determin-
ing coverage under this chapter.
‘‘(g) DEFINITIONS RELATING TO SECTION 411.—For
purposes of applying this section with respect to any prac-
tice or other matter to which section 411 relates, the terms
‘employing office’ and ‘covered employee’ shall each be
considered to have the meaning given to it by such section.
‘‘Subchapter III—Administrative and Judicial
Dispute-Resolution Procedures
‘‘SEC. 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 ei-
ther—
‘‘(A) an administrative proceeding as pro-
vided 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.
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‘‘SEC. 452. COUNSELING AND MEDIATION.
‘‘(a) IN GENERAL.—The President shall by regula-
tion establish procedures substantially similar to those
under sections 402 and 403 of the Congressional Account-
ability Act of 1995 for the counseling and mediation of
alleged violations of a law made applicable under part A
of subchapter II.
‘‘(b) EXHAUSTION REQUIREMENT.—A covered em-
ployee who has not exhausted counseling and mediation
under subsection (a) shall be ineligible to make any elec-
tion under section 453 or otherwise pursue any further
form of relief under this subchapter.
‘‘SEC. 453. ELECTION OF PROCEEDING.
‘‘Not later than 90 days after a covered employee re-
ceives 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 ad-
ministrative agency, as determined under section
454; or
‘‘(2) file a civil action under section 1346(g) of
title 28.’’.
‘‘SEC. 454. APPROPRIATE AGENCIES.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the appropriate agency under this section with respect
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to an alleged violation of part A of subchapter II shall
be the Board.
‘‘(b) EXCEPTIONS.—
‘‘(1) DISCRIMINATION.—For purposes of any
action arising under section 411 (or any action al-
leging 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 proc-
essed under the same administrative procedures as
any such complaint filed by any other Federal em-
ployee.
‘‘(2) MIXED CASES.—However, in the case of
any covered employee (within the meaning of section
411(c)(1)) who has been affected by an action which
an employee of an executive agency may appeal to
the Board and who alleges that a basis for the ac-
tion was discrimination prohibited by section 411 (or
any action alleging intimidation, reprisal, or dis-
crimination under section 417 relating to any prac-
tice made unlawful under section 411), the initial
appropriate agency shall be the Board, and such
matter shall thereafter be processed in accordance
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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 re-
view of any administrative decision under this sub-
section shall be by appeal to the appropriate circuit
court of appeals under section 1296 of title 28.
‘‘SEC. 455. EFFECT OF FAILURE TO ISSUE REGULATIONS.
‘‘In any proceeding under section 453(1), if the Presi-
dent has not issued a regulation on a matter for which
this chapter requires a regulation to be issued, the admin-
istrative agency shall apply, to the extent necessary and
appropriate, the most relevant substantive executive agen-
cy regulation promulgated to implement the statutory pro-
vision at issue in the proceeding.
‘‘SEC. 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 noti-
fied.
‘‘(b) MEDIATION.—All mediation under section 452
shall be strictly confidential.
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‘‘SEC. 457. DEFINITIONS.
‘‘For purposes of applying this subchapter, the terms
‘employing office’ and ‘covered employee’ shall each, to the
extent that section 411 is involved, be considered to have
the meaning given to it by such section.
‘‘SUBCHAPTER IV—WHITE HOUSE
COMPLIANCE BOARD
‘‘§ 471. Establishment of White House Compliance
Board
‘‘(a) ESTABLISHMENT.—There is established, as an
independent establishment within the executive branch of
the Federal Government, the White House Compliance
Board.
‘‘(b) APPOINTMENT.—The Board shall consist of 5
individuals appointed by the President. Appointments of
the first 5 members of the Board shall be completed not
later than 90 days after the effective date of this section.
‘‘(c) BOARD QUALIFICATIONS.—
‘‘(1) SPECIFIC QUALIFICATIONS.—Selection and
appointment of members of the Board shall be with-
out regard to political affiliation and solely on the
basis of fitness to perform the duties of the Board.
Members of the Board shall have training or experi-
ence in the application of the rights, protections, and
remedies under 1 or more of the laws made applica-
ble under this chapter.
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‘‘(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.
‘‘(c) VENUE.—The venue of a proceeding under thi
section is in the judicial circuit in which the petitioner re-
sides or has its principal office, or in the United States
Court of Appeals for the District of Columbia Circuit.’’.
(2) The table of sections for chapter 158 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 dis-
trict courts of the United States shall have exclusive juris-
diction 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) Chapter 37 of title 28, United
States Code, relating to venue, is amended by add-
ing at the end the following: