I
104TH CONGRESS
2D SESSION
H. R. 3452
To make certain laws applicable to the Executive Office of the President,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1996
Mr. MICA (for himself, Mr. CLINGER, Mr. HORN, Mr. BACHUS, Mrs.
SEASTRAND, Mr. SOLOMON, Mr. NORWOOD, Mr. WELDON of Florida, Mr.
KINGSTON, Mr. HAYWORTH, Mr. BURR, Mr. ENSIGN, Mr. SAM JOHNSON
of Texas, Mr. DUNCAN, Mr. GILMAN, Mr. BASS, Ms. GREENE of Utah,
Mr. KOLBE, Mr. WAMP, Mr. ZELIFF, Mr. INGLIS of South Carolina, Mr.
HOSTETTLER, Mr. LAHOOD, Mr. CHAMBLISS, Mrs. KELLY, Mr. ENGLISH
of Pennsylvania, Mr. SCHIFF, Mr. MCCOLLUM, Mr. COX of California,
Mr. CHRYSLER, Mr. CHRISTENSEN, Mr. LAZIO of New York, Mr.
FORBES, Mr. LEWIS of Kentucky, Mr. COBLE, Mr. MILLER of Florida,
Mr. SAXTON, Mr. BARTON of Texas, Ms. PRYCE, Mr. RIGGS, Mr. POMBO,
Mr. COLLINS of Georgia, Mr. EVERETT, Mr. DOOLITTLE, Mr. LIGHT-
FOOT, Mr. EHLERS, Mr. TALENT, Mr. SKEEN, Mr. WATTS of Oklahoma,
Mr. CASTLE, Mr. DREIER, Mr. HASTERT, Mr. EMERSON, Mr. SMITH of
Michigan, Mr. UPTON, Mr. DEAL of Georgia, Mr. CALVERT, Mr. LIVING-
STON, Mr. TORKILDSEN, Mr. MCCRERY, Mr. TATE, Mr. HOKE, Mr.
HAYES, Mr. FUNDERBURK, Mr. COOLEY of Oregon, Mr. BARTLETT of
Maryland, Mr. CRAPO, Mr. CAMPBELL, Mr. MANZULLO, Mr. HASTINGS
of Washington, Mr. DORNAN, Mr. JONES, Mr. PORTMAN, Mr. FAWELL,
Mr. BURTON of Indiana, Mr. ROBERTS, Mr. SANFORD, Mr. TIAHRT, Mr.
MCINTOSH, Mr. SHADEGG, Mr. HEINEMAN, Mr. BROWNBACK, Mr.
ROHRABACHER, Mr. BRYANT of Tennessee, Mr. LARGENT, Mr. SOUDER,
Mr. DAVIS, Mr. ROTH, Mr. TAUZIN, Mr. GRAHAM, Mr. BAKER of Califor-
nia, Mr. NETHERCUTT, Mr. MCDADE, Mrs. MEYERS of Kansas, Mr. FOX
of Pennsylvania, Mrs. JOHNSON of Connecticut, Mr. NEUMANN, Mr. KIM,
Mr. FOLEY, Mr. ALLARD, Mr. HERGER, Mr. STEARNS, Mr. LIPINSKI,
Mr. SCHAEFER, Mr. DIAZ-BALART, Mr. SHAYS, and Mr. TAYLOR of
North Carolina) introduced the following bill; which was referred to the
Committee on Government Reform and Oversight, and in addition to the
Committees on Economic and Educational Opportunities, the Judiciary,
and Veterans’ Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To make certain laws applicable to the Executive Office
of the President, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Presidential and Executive Office Accountability Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential offices.
Sec. 3. Financial officers within the Executive Office of the President.
Sec. 4. Amendment to definition of ‘‘special government employee’’.
Sec. 5. Applicability of future employment laws.
Sec. 6. Amendments to the Congressional Accountability Act of 1995.
Sec. 7. Repeal of section 320 of the Government Employee Rights Act of 1991.
SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTEC-
TIONS TO PRESIDENTIAL OFFICES.
(a) IN GENERAL.—Title 3, United States Code, is
amended by adding at the end the following:
‘‘CHAPTER 5—EXTENSION OF CERTAIN
RIGHTS AND PROTECTIONS TO PRESI-
DENTIAL OFFICES
‘‘SUBCHAPTER I—GENERAL PROVISIONS
‘‘Sec. 401. Definitions.
‘‘Sec. 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
‘‘Sec. 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.
‘‘Sec. 412. Rights and protections under the Family and Medical Leave
Act of 1993.
‘‘Sec. 413. Rights and protections under the Fair Labor Standards Act of
1938.
‘‘Sec. 414. Rights and protections under the Employee Polygraph Protec-
tion Act of 1988.
‘‘Sec. 415. Rights and protections under the Worker Adjustment and Re-
training Notification Act.
‘‘Sec. 416. Rights and protections relating to veterans’ employment and re-
employment.
‘‘Sec. 417. Prohibition of intimidation or reprisal.
‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
‘‘Sec. 420. Rights and protections under the Americans with Disabilities
Act of 1990.
‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
‘‘Sec. 425. Rights and protections under the Occupational Safety and
Health Act of 1970; procedures for remedy of violations.
‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘Sec. 430. Application of chapter 71 of title 5, relating to Federal service
labor-management relations; procedures for remedy of vio-
lations.
‘‘PART E—GENERAL
‘‘Sec. 435. Generally applicable remedies and limitations.
‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTE-
RESOLUTION PROCEDURES
‘‘Sec. 451. Procedure for consideration of alleged violations.
‘‘Sec. 452. Counseling and mediation.
‘‘Sec. 453. Election of proceeding.
‘‘Sec. 454. Appropriate agencies.
‘‘Sec. 455. Judicial review.
‘‘Sec. 456. Civil action.
‘‘Sec. 457. Judicial review of regulations.
‘‘Sec. 458. Other judicial review prohibited.
‘‘Sec. 459. Effect of failure to issue regulations.
‘‘Sec. 460. Expedited review of certain appeals.
‘‘Sec. 461. Payments.
‘‘Sec. 462. Confidentiality.
‘‘Sec. 463. Definitions.
‘‘SUBCHAPTER IV—EFFECTIVE DATE
‘‘Sec. 471. Effective date.
‘‘Subchapter I—General Provisions
‘‘SEC. 401. DEFINITIONS.
‘‘Except as otherwise specifically provided in this
chapter, as used in this chapter:
‘‘(1) BOARD.—The term ‘Board’ means the
Merit Systems Protection Board under chapter 12 of
title 5.
‘‘(2) COVERED EMPLOYEE.—The term ‘covered
employee’ means any employee of an employing of-
fice.
‘‘(3) EMPLOYEE.—The term ‘employee’ includes
an applicant for employment and a former employee.
‘‘(4) EMPLOYING OFFICE.—The term ‘employ-
ing office’ means—
‘‘(A) each office, agency, or other compo-
nent of the Executive Office of the President;
‘‘(B) the Executive Residence at the White
House; and
‘‘(C) the official residence (temporary or
otherwise) of the Vice President.
‘‘SEC. 402. APPLICATION OF LAWS.
‘‘The following laws shall apply, as prescribed by this
chapter, to all employing offices (including employing of-
fices within the meaning of section 411, to the extent pre-
scribed therein):
‘‘(1) The Fair Labor Standards Act of 1938.
‘‘(2) Title VII of the Civil Rights Act of 1964.
‘‘(3) The Americans with Disabilities Act of
1990.
‘‘(4) The Age Discrimination in Employment
Act of 1967.
‘‘(5) The Family and Medical Leave Act of
1993.
‘‘(6) The Occupational Safety and Health Act
of 1970.
‘‘(7) Chapter 71 (relating to Federal service
labor-management relations) of title 5.
‘‘(8) The Employee Polygraph Protection Act of
1988.
‘‘(9) The Worker Adjustment and Retraining
Notification Act.
‘‘(10) The Rehabilitation Act of 1973.
‘‘(11) Chapter 43 (relating to veterans’ employ-
ment and reemployment) of title 38.