Presidential and Executive Office Accountability Act
PL 104-331 (H.R.3452), enacted 10/26/1996

PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4053 
Public Law 104-331 
104th Congress 
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 
£ind 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 emj)lo3rment 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 
Oct. 26, 1996 
[H.R. 3452] 
Presidential and 
Executive Office 
Accountability 
Act. 
3 u s e 401 note. 
"SUBCHAPTER I — G E N E R A L 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 Emplo3rment 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 OP 1990 
"421. Rights and protections under the Americans With Disabilities Act of 1990. 
110 STAT. 4054 
PUBLIC LAW 104-331—OCT. 26, 1996 
"PAET 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 emplo3mient 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): 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4055 
"(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)(l), 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. 
110 STAT. 4056 
PUBLIC LAW 104-331—OCT. 26, 1996 
"In addition, the waiver provisions of section 7(f) of such Act 
shall apply to covered emploj^es. 
"(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— 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4057 
"(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 emplo3dng 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 emplojdng office for 12 
months and for at least 1,250 hours of emplojnnent 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 substemtive 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 
110 STAT. 4058 
PUBLIC LAW 104-331—OCT. 26, 1996 
"(ii) would promote tiniformity 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 Fedr 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 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4059 
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 o
f
— 
"(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 emplo3dng 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 
110 STAT. 4060 
PUBLIC LAW 104-331—OCT. 26, 1996 
"(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 o
f
— 
"(1) the effective date of regulations issued under subsection 
(c); or 
"(2) October 1, 1998. 
'^§416. Rights 
and 
protections 
relating 
to 
veterans' 
emplojrment and reemployment 
"(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 
OF THE UNIFORMED SERVICES.— 
"(1) IN GENERAL.—It shall be imlawful 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 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4061 
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 iinder 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 emplojdng 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 appurtenemt 
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 
110 STAT. 4062 
PUBLIC LAW 104-331—OCT. 26, 1996 
section 411 of this title. A remedy iinder 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 fiinds 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 o
f
—
-
"(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 emplo3dng office and each covered 
employee shall comply with the provisions of section 5 of the 
Occupational Safety and Health Act of 1970. 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4063 
"(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 Federsil 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 emplo3dng 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 
110 STAT. 4064 
PUBLIC LAW 104-331—OCT. 26, 1996 
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 ttie 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.— 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4065 
"(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 o
f
— 
"(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 PoHcy. 
"(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 emplojdng offices, and 
110 STAT. 4066 
PUBLIC LAW 104-331—OCT. 26, 1996 
employees of employing offices, referred to in subsection (d)(2), 
on the earlier o
f
— 
"(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 pa3Tnent 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 emplo5mient 
decision based on, the party affiliation, or political compatibility 
with the employing office, of an employee who is a covered employee. 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4067 
"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 Regulations. 
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 einy 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 
110 STAT. 4068 
PUBLIC LAW 104-331—OCT. 26, 1996 
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 imder 
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 coimseling imder 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.". 
3 use 401 note. 
(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: 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4069 
*
*
§ 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 xinder 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 Occupationgd 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 
"Notwithsteinding 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. 
110 STAT. 4070 
PUBLIC LAW 104-331—OCT. 26, 1996 
"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. 
PUBLIC LAW 104-331—OCT. 26, 1996 
110 STAT. 4071 
"(b) INTEREST.—In any proceeding under section 1296 or section 
1346(g), the same interest to compensate for delay in pa3mient 
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 simounts 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 
28 use 1296 
shall take effect on October 1,1997. 
note. 
(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. 
3USC401note. 
(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 "emplo3dng 
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 
110 STAT. 4072 
PUBLIC LAW 104-331—OCT, 26, 1996 
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 
2 use 1219 note. Congressional Accountability Act of 1995) is repealed. 
2 use 1219 note. 
(b) EFFECTIVE DATE.—This section shall take effect on October 
1, 1997. 
2 use 1219 note. 
(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. 
Approved October 26, 1996. 
LEGISLATIVE HISTORY—H.R. 3452: 
HOUSE REPORTS: No. 104-820, Pt. 1 (Comm. on Government Reform and Over-
sight). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 24, considered and passed House. 
Oct. 3, considered and passed Senate, amended. 
Oct. 4, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 26, Presidential statement. 
^"