‘‘(2) INTERNS AND VOLUNTEERS.—For the pur-
poses 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 regulations under subsection (c)(3), covered em-
ployees may not receive compensatory time in lieu of
overtime compensation.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (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 shall issue
regulations to implement this section.
‘‘(2) AGENCY
REGULATIONS.—Except as pro-
vided in paragraph (3), the regulations issued under
paragraph (1) shall be the same as substantive regu-
lations promulgated by the Secretary of Labor to im-
plement the statutory provisions referred to in sub-
section (a) except insofar as the President may deter-
mine, 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) IRREGULAR WORK SCHEDULES.—The Presi-
dent 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.
‘‘SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EM-
PLOYEE POLYGRAPH PROTECTION ACT OF
1988.
‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em-
ploying office may require a covered employee to take a lie
detector test where such a test would be prohibited if re-
quired by an employer under paragraph (1), (2), or (3) of
section 3 of the Employee Polygraph 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 sub-
section (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 shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred
to in subsections (a) and (b) except insofar as the
President 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.
‘‘SEC. 415. RIGHTS AND PROTECTIONS UNDER THE WORKER
ADJUSTMENT AND RETRAINING NOTIFICA-
TION ACT.
‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTIFI-
CATION RIGHTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no employing office shall be closed or mass
layoff ordered within the meaning of section 3 of the
Worker Adjustment and Retraining 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’) does not succeed
himself in office as a result of the election of a
new President, 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 pur-
suant to a closure or mass layoff ordered after
the term of the new President commences.
‘‘(B) DESCRIPTION
OF
INDIVIDUALS.—An
individual described in this subparagraph is any
covered employee serving pursuant to an ap-
pointment made during—
‘‘(i) the term of office of the previous
President; or
‘‘(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 sub-
section (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 shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred
to in subsection (a) except insofar as the President
may determine, for good cause shown and stated to-
gether with the regulation, that a modification of such
regulations would be more effective for the implemen-
tation of the rights and protections under this section.
‘‘SEC. 416. RIGHTS AND PROTECTIONS RELATING TO VET-
ERANS’ 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 reemploy-
ment 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 sub-
section (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 shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred
to in subsection (a) except to the extent that the Presi-
dent may determine, for good cause shown and stated
together with the regulation, that a modification of
such regulations would be more effective for the imple-
mentation of the rights and protections under this
section.
‘‘SEC. 417. PROHIBITION OF INTIMIDATION OR REPRISAL.
‘‘(a) IN GENERAL.—It shall be unlawful for an em-
ploying office to intimidate, take reprisal against, or other-
wise discriminate against, any covered employee because
the covered employee has opposed any practice made unlaw-
ful by this chapter, or because the covered employee has ini-
tiated proceedings, made a charge, or testified, assisted, or
participated in any manner in a hearing or other proceed-
ing under this chapter.
‘‘(b) REMEDY.—A violation of subsection (a) may be
remedied by any legal remedy available to redress the prac-
tice 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).
‘‘(c) DEFINITIONS.—For purposes of applying this sec-
tion 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 pro-
tections against discrimination in the provision of public
services and accommodations established by sections 201,
202, and 204, and sections 302, 303, and 309, of the Ameri-
cans 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 sub-
section (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 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 Execu-
tive Office of the President.
‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970
‘‘SEC. 425. RIGHTS AND PROTECTIONS UNDER THE OCCUPA-
TIONAL 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-
sions of section 5 of the Occupational Safety and
Health Act of 1970.
‘‘(2) DEFINITIONS.—For purposes of the applica-
tion 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, includ-
ing such order as would be appropriate if issued under sec-
tion 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 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 Occupa-
tional 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 correc-
tion.
‘‘(3) HEARINGS AND REVIEW.—If after issuing a
citation or notification, the Secretary of Labor deter-
mines that a violation has not been corrected—
‘‘(A) the citation and notification shall be
deemed a final order (within the meaning of sec-
tion 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 sec-
tion 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 ci-
tation or notification.
‘‘(4) VARIANCE PROCEDURES.—An employing of-
fice 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 employ-
ing office aggrieved by a final decision of the Occupa-
tional Safety and Health Review Commission under
paragraph (3) or the Secretary of Labor under para-
graph (4) may file a petition for review with the
United States Court of Appeals for the Federal Cir-
cuit pursuant to section 455.
‘‘(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 comply
with an order requiring 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 is-
sued or the order requiring correction becomes 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 is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred
to in subsection (a) except to the extent that the Presi-
dent may determine, for good cause shown and stated
together with the regulation, that a modification of
such regulations would be more effective for the imple-
mentation of the rights and protections under this
section.
‘‘(3) EMPLOYING OFFICE RESPONSIBLE FOR COR-
RECTION.—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.
‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RELAT-
ING TO FEDERAL SERVICE LABOR-MANAGE-
MENT RELATIONS; PROCEDURES FOR REM-
EDY OF VIOLATIONS.
‘‘(a) LABOR-MANAGEMENT RIGHTS.—Chapter 71 of
title 5 shall apply to employing offices and to covered em-
ployees 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.
‘‘PART E—GENERAL
‘‘SEC. 435. GENERALLY APPLICABLE REMEDIES AND LIMITA-
TIONS.
‘‘(a) ATTORNEY’S FEES.—If a covered employee, with
respect to any claim under this chapter, or a qualified per-
son with a disability, with respect to any claim under sec-
tion 420, is a prevailing party in any proceeding under
section 453(1), 455, or 456, the administrative agency or
court, as the case may be, may award attorney’s fees, expert
fees, and any other costs as would be appropriate if award-
ed under section 706(k) of the Civil Rights Act of 1964.
‘‘(b) INTEREST.—In any proceeding under section
453(1), 455, or 456, the same interest to compensate for
delay in payment shall be made available as would be ap-
propriate if awarded under section 717(d) of the Civil
Rights Act of 1964.
‘‘(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—Ex-
cept as otherwise 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 para-
graph (2), no person may commence an administra-
tive or judicial proceeding to seek a remedy for the
rights and protections afforded by this chapter except
as provided in this chapter.
‘‘(2) VETERANS.—A covered employee under sec-
tion 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 exemp-
tions in the laws made applicable by this chapter
shall apply under this chapter.
‘‘(2) SIZE LIMITATIONS.—Notwithstanding para-
graph (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 Re-
training Notification Act) determining coverage based
on size, whether expressed in terms of numbers of em-
ployees, amount of business transacted, or other meas-
ure, shall not apply in determining 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 con-
sidered 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 455; or
‘‘(B) a civil action in a district court of the
United States as provided in section 456.
‘‘SEC. 452. COUNSELING AND MEDIATION.
‘‘(a) IN GENERAL.—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 vio-
lations 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 election
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 in accordance with section
456 in the United States district court for the district
in which the employee is employed or for the District
of Columbia.
‘‘SEC. 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.
‘‘(b) EXCEPTIONS.—
‘‘(1) DISCRIMINATION.—For purposes of any ac-
tion arising under section 411 (or any action alleging
intimidation, reprisal, or discrimination under sec-
tion 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 action was
discrimination prohibited by section 411 (or any ac-
tion alleging intimidation, reprisal, or discrimina-
tion under section 417 relating to any practice made
unlawful under section 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 re-
view of any administrative decision under this sub-
section shall be by the court specified in section 455.
‘‘SEC. 455. JUDICIAL REVIEW.
‘‘(a) IN GENERAL.—The United States Court of Ap-
peals for the Federal Circuit shall have jurisdiction over
a petition for review of a final decision under this chapter
of—
‘‘(1) an appropriate agency (as determined
under section 454);
‘‘(2) the Federal Labor Relations Authority
under chapter 71 of title 5, notwithstanding section
7123 of such title; or
‘‘(3) the Secretary of Labor or the Occupational
Safety and Health Review Commission, made under
part C of subchapter II.
‘‘(b) FILING DEADLINE.—Any petition for review
under this section must be filed within 30 days after the
date the petitioner receives notice of the final decision.
‘‘SEC. 456. CIVIL ACTION.
‘‘(a) JURISDICTION.—The district courts of the United
States shall have jurisdiction over any civil action com-
menced under section 453(2) and this section by a covered
employee.
‘‘(b) PARTIES.—The defendant shall be the employing
office alleged to have committed the violation, or in which
the violation is alleged to have occurred.
‘‘(c) JURY TRIAL.—Any party may demand a jury
trial where a jury trial would be available in an action
against a private defendant under the relevant law made
applicable by this chapter. In any case in which a violation
of section 411 is alleged, the court shall not inform the jury
of the maximum amount of compensatory damages avail-
able under section 411(b)(1) or 411(b)(3).
‘‘SEC. 457. JUDICIAL REVIEW OF REGULATIONS.
‘‘In any proceeding brought under section 455 or 456
in which the application of a regulation issued under this
chapter is at issue, the court may review the validity of
the regulation in accordance with the provisions of subpara-
graphs (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 pro-
mulgated to implement the statutory provisions with re-
spect 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.