[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2000 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2000

    To make certain laws applicable to the Executive Office of the 
                   President, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 1996

  Mr. Coats (for himself, Mr. Stevens, Mr. Nickles, Mr. Abraham, Mr. 
  DeWine, Mr. Coverdell, and Mr. Faircloth) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 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 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 ``White House 
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. Applicability of future employment laws.
Sec. 4. Repeal of section 303 of the Government Employee Rights Act of 
                            1991.

SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
              OFFICES.

    (a) In General.--Title 3, United States Code, is amended by adding 
at the end the following:

      ``CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO 
                          PRESIDENTIAL OFFICES

                   ``SUBCHAPTER I--GENERAL PROVISIONS

        ``Sec.
        ``401. Definitions.
        ``402. Application of laws.
          ``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS

  ``Part A--Employment Discrimination, Family and Medical Leave, Fair 
 Labor Standards, Employee Polygraph Protection, Worker Adjustment and 
 Retraining, Employment and Reemployment of Veterans, and Intimidation

        ``411. Rights and protections under title VII of the Civil 
                            Rights Act of 1964, the Age Discrimination 
                            in Employment Act of 1967, the 
                            Rehabilitation Act of 1973, and title I of 
                            the Americans with Disabilities Act of 
                            1990.
        ``412. Rights and protections under the Family and Medical 
                            Leave Act of 1993.
        ``413. Rights and protections under the Fair Labor Standards 
                            Act of 1938.
        ``414. Rights and protections under the Employee Polygraph 
                            Protection Act of 1988.
        ``415. Rights and protections under the Worker Adjustment and 
                            Retraining Notification Act.
        ``416. Rights and protections relating to veterans' employment 
                            and reemployment.
        ``417. Prohibition of intimidation or reprisal.
        ``418. Regulations.
      ``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.
          ``Part C--Occupational Safety and Health Act of 1970

        ``425. Rights and protections under the Occupational Safety and 
                            Health Act of 1970; procedures for remedy 
                            of violations.
                  ``Part D--Labor-Management Relations

        ``431. Application of chapter 71 of title 5, relating to 
                            Federal service labor-management relations; 
                            procedures for remedy of violations.
                           ``Part E--General

        ``435. Definitions relating to section 411.
        ``436. Generally applicable remedies and limitations.
        ``437. Exception.
        ``438. Political affiliation.
   ``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. Judicial review.
        ``456. Civil action.
        ``457. Judicial review of regulations.
        ``458. Other judicial review prohibited.
        ``459. Effect of failure to issue regulations.
        ``460. Expedited review of certain appeals.
        ``461. Payments.
        ``462. Confidentiality.
        ``463. Special rule.
             ``SUBCHAPTER IV--WHITE HOUSE COMPLIANCE BOARD

        ``471. Establishment of White House Compliance Board.
        ``472. Personnel.
        ``473. Facilities.
                     ``SUBCHAPTER V--EFFECTIVE DATE

        ``481. 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 White House 
        Compliance Board established under section 471.
            ``(2) Covered employee.--The term `covered employee' means 
        any employee of an employing office.
            ``(3) Employee.--The term `employee' includes an applicant 
        for employment and a former employee.
            ``(4) Employing office.--The term `employing office' 
        means--
                    ``(A) each office, agency, or other component of 
                the Executive Office of the President; and
                    ``(B) the Office of the Vice President of the 
                United States.
``Sec. 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 in such section):
            ``(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' 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 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
    ``(a) 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 Acts 
referred to in subsection (b) concerning a personnel action prohibited 
by subsection (b), 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, as 
                defined in section 4303(16) of title 38.
            ``(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).
    ``(b) 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.
    ``(c) Remedy.--
            ``(1) Civil rights.--The remedy for a violation of 
        subsection (b)(1) shall be--
                    ``(A) such remedy 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 
                appropriate if awarded under section 1977 of the 
                Revised Statutes, or as would be appropriate if awarded 
                under sections 1977A(a)(1), 1977A(b)(2), and, 
                irrespective of the size of the employing office, 
                1977A(b)(3)(D) of the Revised Statutes.
            ``(2) Age discrimination.--
                    ``(A) In general.--The remedy for a violation of 
                subsection (b)(2) shall be--
                            ``(i) such remedy as would be appropriate 
                        if awarded under section 15(c) of the Age 
                        Discrimination in Employment Act of 1967; and
                            ``(ii) such liquidated damages as would be 
                        appropriate if awarded under section 7(b) of 
                        such Act.
                    ``(B) Waivers.--In addition, the waiver provisions 
                of section 7(f) of such Act shall apply to covered 
                employees.
            ``(3) Disabilities discrimination.--The remedy for a 
        violation of subsection (b)(3) shall be--
                    ``(A) such remedy 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 
                appropriate 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.
    ``(d) Applicability.--Subsections (a) through (c), and section 417 
(to the extent that such section relates to any matter described in 
this section), shall apply with respect to violations occurring on or 
after the effective date of this chapter.
``Sec. 412. Rights and protections under the Family and Medical Leave 
              Act of 1993
    ``(a) Family and Medical Leave Rights and Protections Provided.--
            ``(1) In general.--The rights and protections established 
        by sections 101 through 105 of the Family and Medical Leave Act 
        of 1993 shall apply to covered employees.
            ``(2) Definitions.--For purposes of the application 
        described in paragraph (1)--
                    ``(A) the term `employer' as used in the Family and 
                Medical Leave Act of 1993 means any employing office; 
                and
                    ``(B) the term `eligible employee' as used in the 
                Family and Medical Leave Act of 1993 means a covered 
                employee who has been employed in any employing office 
                for 12 months and for at least 1,250 hours of 
                employment during the previous 12 months.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy, including liquidated damages, as would be 
appropriate if awarded under paragraph (1) of section 107(a) of the 
Family and Medical Leave Act of 1993.
``Sec. 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' includes an intern or a 
        volunteer, as defined in the Department of Labor Field 
        Operations Handbook (1962).
            ``(3) Compensatory time.--Except as provided in regulations 
        issued under section 418(c), 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 remedy, including liquidated damages, as would be appropriate 
if awarded under section 16(b) of the Fair Labor Standards Act of 1938.
``Sec. 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 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 remedy as would be appropriate if awarded under section 6(c)(1) 
of the Employee Polygraph Protection Act of 1988.
``Sec. 415. Rights and protections under the Worker Adjustment and 
              Retraining Notification Act
    ``(a) Worker Adjustment and Retraining Notification Rights.--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.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under paragraphs (1), 
(2), and (4) of section 5(a) of the Worker Adjustment and Retraining 
Notification Act.
``Sec. 416. Rights and protections relating to veterans' employment and 
              reemployment
    ``(a) Employment and Reemployment Rights of Members of the 
Uniformed Services.--
            ``(1) In general.--It shall be unlawful for an employing 
        office to--
                    ``(A) discriminate, within the meaning of 
                subsections (a) and (b) of section 4311 of title 38, 
                against an eligible employee;
                    ``(B) deny to an eligible employee reemployment 
                rights within the meaning of sections 4312 and 4313 of 
                title 38; or
                    ``(C) deny to an eligible employee benefits within 
                the meaning of sections 4316, 4317, and 4318 of title 
                38.
            ``(2) Definition.--For purposes of this section, the term 
        `eligible employee' means a covered employee performing service 
        in the uniformed services, within the meaning of section 
        4303(13) of title 38, whose service has not been terminated 
        upon the occurrence of any of the events enumerated in section 
        4304 of such title.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under paragraphs (1), 
(2)(A), and (3) of section 4323(c) of title 38.
``Sec. 417. Prohibition of intimidation or reprisal
    ``(a) In General.--It shall be unlawful for an employing office to 
intimidate, take reprisal against, or otherwise discriminate against, 
any covered employee because the covered employee has opposed any 
practice made unlawful by this chapter, or because the covered employee 
has initiated proceedings, made a charge, or testified, assisted, or 
participated in any manner in a hearing or other proceeding under this 
chapter.
    ``(b) Remedy.--A violation of subsection (a) may be remedied by any 
legal or equitable 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).
    ``(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 the term by such section.
``Sec. 418. Regulations
    ``(a) In General.--The President shall issue regulations to 
implement each of sections 412 through 416.
    ``(b) Agency Regulations.--Except as provided in subsection (c), 
the regulations issued under subsection (a) to implement a section 
shall be the same as substantive regulations promulgated by the 
Secretary of Labor to implement the statutory provisions referred to in 
subsection (a) of the section, except insofar as 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 
the section.
    ``(c) Irregular Work Schedules.--The President shall issue 
regulations for implementation of section 413 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.

      ``PART B--PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH 
                        DISABILITIES ACT OF 1990

``Sec. 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 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 an entity of the Executive Office of the President who is 
responsible for the White House and appurtenant grounds and gardens, 
the Old Executive Office Building, the New Executive Office Buildings, 
and any other facility to the extent that offices are provided for 
employees of the Executive Office of the President.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under section 203 or 
308 of the Americans with Disabilities Act of 1990, as the case may be, 
except that, with respect to any claim of employment discrimination, 
the exclusive remedy shall be under section 411. 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 
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 Occupational Safety and 
              Health Act of 1970; procedures for remedy of violations
    ``(a) Occupational Safety and Health Protections.--
            ``(1) In general.--Each employing office and each covered 
        employee shall comply with the provisions of section 5 of the 
        Occupational Safety and Health Act of 1970.
            ``(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 
                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 determines that a 
        violation has not been corrected--
                    ``(A) the citation or 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 (excluding Saturdays, Sundays, and Federal 
                holidays) after receipt of the notice that the employer 
                intends to contest the citation or notification; or
                    ``(B) opportunity for a hearing before the 
                Occupational Safety and Health Review Commission shall 
                be afforded in accordance with section 10(c) of the 
                Occupational Safety and Health Act of 1970, if the 
                employer gives timely notice to the Secretary that the 
                employer intends to contest the citation or 
                notification.
            ``(4) Variance procedures.--An employing office may request 
        from the Secretary of Labor an order granting a variance from a 
        standard made applicable by this section, in accordance with 
        sections 6(b)(6) and 6(d) of the Occupational Safety and Health 
        Act of 1970.
            ``(5) Judicial review.--Any person or employing office 
        aggrieved by a final decision of the Occupational Safety and 
        Health Review Commission under paragraph (3) or the Secretary 
        of Labor under paragraph (4) may file a petition for review 
        with the United States Court of Appeals for the Federal Circuit 
        pursuant to section 455.
            ``(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 
        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 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 
        statutory provisions referred to in subsection (a) except to 
        the extent 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 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. 431. Application of chapter 71 of title 5, relating to Federal 
              service labor-management relations; procedures for remedy 
              of violations
    ``(a) Labor-Management Rights.--Chapter 71 of title 5 shall apply 
to employing offices and to covered employees and representatives of 
those employees.
    ``(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) Judicial review.--Notwithstanding section 7123 of title 5, 
any person or employing office aggrieved by a final decision of the 
Federal Labor Relations Authority under subsection (a) may file a 
petition for review with the United States Court of Appeals for the 
Federal Circuit pursuant to section 455.

                           ``PART E--GENERAL

``Sec. 435. Definitions relating to section 411
    ``For purposes of applying this part 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 the term by such section.
``Sec. 436. 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 prevailing party in any 
proceeding commenced 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 awarded under section 706(k) of the Civil Rights Act of 
1964.
    ``(b) Interest.--In any proceeding commenced under section 453(1), 
455, or 456, the same interest to compensate for delay in payment shall 
be made available as would be appropriate if awarded under section 
717(d) of the Civil Rights Act of 1964.
    ``(c) Civil Penalties and Punitive Damages.--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 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 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.
    ``(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 
        coverage based on size, whether expressed in terms of numbers 
        of employees, amount of business transacted, or another 
        measure, shall not apply in determining coverage under this 
        chapter.
``Sec. 437. Exception
    ``(a) In General.--Notwithstanding any other provision of this 
chapter, in the event that a President (referred to in this section as 
the `previous President') is not elected to a successive term in office 
as a result of the election of a new President--
            ``(1) no notice or waiting period shall be required under 
        section 415 with respect to the separation of any individual 
        described in subsection (b), if such separation occurs pursuant 
        to a closure or mass layoff ordered after the term of the new 
        President commences; and
            ``(2) 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 commences, nothing in this chapter 
        shall require reinstatement or restoration to employment of the 
        individual after such term commences.
    ``(b) Description of Individuals.--An individual described in this 
subsection is any covered employee serving pursuant to an appointment 
made during--
            ``(1) the term of office of the previous President; or
            ``(2) any term, earlier than the term referred to in 
        paragraph (1), during which such previous President served as 
        President or Vice President.
``Sec. 438. Political affiliation
    ``It shall not be a violation of any provision of this chapter to 
consider the party affiliation, or political compatibility with the 
employing office, of an employee who is a covered employee with respect 
to employment decisions.

   ``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION 
                               PROCEDURES

``Sec. 451. Procedure for consideration of alleged violations
    ``(a) Civil Rights.--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 455; or
                    ``(B) a civil action in a district court of the 
                United States as provided in section 456.
    ``(b) Occupational Safety and Health.--The procedure for 
consideration of alleged violations of part C of subchapter II consists 
of the procedure specified in such part and judicial review as provided 
in section 455.
    ``(c) Labor-Management Relations.--The procedure for consideration 
of alleged violations of part D of subchapter II consists of the 
procedure specified in such part and judicial review as provided in 
section 455.
``Sec. 452. Counseling and mediation
    ``(a) In General.--The President shall by regulation establish 
procedures substantially similar to procedures described in sections 
402 and 403 of the Congressional Accountability Act of 1995 for 
counseling and mediation for alleged violations of a law made 
applicable under part A of subchapter 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.
``Sec. 453. Election of proceeding
    ``Not later than 90 days after a covered employee receives notice 
of the end of the period of mediation, but not earlier 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 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. The complaint 
in an action involving such an alleged violation shall be processed 
under the procedures specified by the President in regulations issued 
under section 418.
    ``(b) Exceptions.--
            ``(1) Discrimination.--For purposes of any action arising 
        under section 411 (or any action alleging intimidation, 
        reprisal, or discrimination under section 417 relating to any 
        practice made unlawful under section 411), the appropriate 
        agency shall be the Equal Employment Opportunity Commission, 
        and the complaint in any such action shall be processed under 
        the same administrative procedures as any such complaint filed 
        by any employee of an executive agency (other than a covered 
        employee, as defined in section 411).
            ``(2) Mixed cases.--In the case of any covered employee (as 
        defined in section 411) who has been affected by an action that 
        an employee of an executive agency may appeal to the Merit 
        Systems Protection Board and who alleges that a basis for the 
        action was discrimination prohibited by section 411 (or any 
        action alleging intimidation, reprisal, or discrimination under 
        section 417 relating to any practice made unlawful under 
        section 411), the initial appropriate agency (prior to any 
        judicial review) shall be the Board, and such matter shall 
        thereafter be processed in accordance with subsections (a) 
        (except paragraph (2) of such subsection), (b), (c), (d), and 
        (f) of section 7702 of title 5.
            ``(3) Judicial review.--Notwithstanding any other provision 
        of law (including any provision of law referenced in paragraph 
        (1) or (2)), any person or employing office aggrieved by a 
        final decision of an appropriate agency in an administrative 
        proceeding as provided in section 453(1) may file a petition 
        for review with the United States Court of Appeals for the 
        Federal Circuit pursuant to section 455.
``Sec. 455. Judicial review
    ``(a) In General.--The United States Court of Appeals for the 
Federal Circuit shall have jurisdiction over any proceeding commenced 
by 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 commenced 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 available under 
paragraph (1) or (3) of section 411(c).
``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 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 provisions 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.
``Sec. 458. Other judicial review prohibited
    ``Except as expressly authorized by this chapter, the compliance or 
noncompliance with the provisions of this chapter and any action taken 
pursuant to this chapter shall not be subject to judicial review.
``Sec. 459. Effect of failure to issue regulations
    ``In any proceeding commenced under section 453(1), 455, or 456, if 
the President has not issued a regulation on a matter for which this 
chapter requires a regulation to be issued, the administrative agency 
or court, as the case may be, shall apply, to the extent necessary and 
appropriate, the most relevant substantive executive agency 
regulation promulgated to implement the statutory provision at issue in 
the proceeding.
``Sec. 460. 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 this chapter.
    ``(b) Jurisdiction.--The Supreme Court shall, if the Supreme Court 
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.
``Sec. 461. 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 the judgment, 
        award, or settlement arises out of an action commenced in a 
        district court of the United States (or any appeal from the 
        action); or
            ``(2) out of amounts otherwise appropriated or available to 
        the office involved, if the judgment, award, or settlement 
        arises out of an administrative proceeding under this chapter 
        (or any appeal from the proceeding).
``Sec. 462. Confidentiality
    ``(a) Counseling.--All counseling under section 452 shall be 
strictly confidential, except that, with the consent of the covered 
employee involved, the employing office involved may be notified.
    ``(b) Mediation.--All mediation under section 452 shall be strictly 
confidential.
``Sec. 463. Special rule
    ``For purposes of applying this subchapter 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 the term by such section.

             ``SUBCHAPTER IV--WHITE HOUSE COMPLIANCE BOARD

``Sec. 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 without 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 experience in the application of the rights, protections, 
        and remedies under 1 or more of the laws made applicable under 
        this chapter.
            ``(2) Disqualification for appointments.--No member of the 
        Board appointed under subsection (b) may hold or may have held 
        a position in the executive branch of the Federal Government 
        within 4 years of the date of appointment.
            ``(3) Vacancies.--A vacancy on the Board shall be filled in 
        the manner in which the original appointment was made.
    ``(d) Term of Office.--
            ``(1) In general.--Except as provided in paragraph (2), 
        membership on the Board shall be for 5 years. A member of the 
        Board who is appointed to a term of office of more than 3 years 
        shall only be eligible for appointment for a single term of 
        office.
            ``(2) First appointments.--Of the members first appointed 
        to the Board--
                    ``(A) 1 shall have a term of office of 3 years;
                    ``(B) 2 shall have a term of office of 4 years; and
                    ``(C) 2 shall have a term of office of 5 years;
        as designated at the time of appointment by the President.
    ``(e) Removal.--
            ``(1) Authority.--Any member of the Board may be removed 
        from office by the President, but only for--
                    ``(A) disability that substantially prevents the 
                member from carrying out the duties of the member;
                    ``(B) incompetence;
                    ``(C) neglect of duty;
                    ``(D) malfeasance, including a felony or conduct 
                involving moral turpitude; or
                    ``(E) holding an office or employment that 
                disqualifies the individual from service as a member of 
                the Board under subsection (c)(2).
            ``(2) Statement of reasons for removal.--In removing a 
        member of the Board, the President shall state in writing to 
        the member of the Board being removed the specific reasons for 
        the removal.
    ``(f) Compensation.--
            ``(1) Per diem.--Each member of the Board shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Board. The rate of pay of a member may be prorated based on the 
        portion of the day during which the member is engaged in the 
        performance of Board duties.
            ``(2) Travel expenses.--Each member of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, for each day the member is engaged in the performance of 
        duties away from the home or regular place of business of the 
        member.
    ``(g) Financial Disclosure Reports.--Members of the Board shall 
file the financial disclosure reports required under title I of the 
Ethics in Government Act of 1978.
``Sec. 472. Personnel
    ``(a) Executive Director.--
            ``(1) Appointment and removal.--
                    ``(A) In general.--There shall be an Executive 
                Director of the Board.
                    ``(B) Appointment.--The initial Executive Director 
                shall be appointed by the President, and shall serve 
                for a 6-month term. After the end of the term of the 
                initial Executive Director, the Board shall appoint and 
                may remove the Executive Director.
                    ``(C) Qualifications.--The Executive Director shall 
                be an individual with training or expertise in the 
                application of laws referred to in section 402. 
                Selection and appointment of the Executive Director 
                shall be without regard to political affiliation and 
                solely on the basis of fitness to perform the duties of 
                the Executive Director.
                    ``(D) Disqualification.--The disqualification 
                specified in section 471(c)(2) shall apply to the 
                appointment of the Executive Director.
            ``(2) Compensation.--The Board (or the President in the 
        case of the initial Executive Director) may fix the 
        compensation of the Executive Director. The rate of pay for the 
        Executive Director may not exceed the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of title 5, United States Code.
            ``(3) Duties.--The Executive Director shall serve as the 
        chief operating officer of the Board.
    ``(b) Other Staff.--The Executive Director shall appoint, and fix 
the compensation of, and may remove, such other additional staff, 
including hearing officers, as may be essential to enable the Board to 
perform its duties.
    ``(c) Detailed Personnel.--Upon request of the Executive Director, 
the head of any Federal agency shall detail any of the personnel of 
that agency, including members or personnel of the General Accounting 
Office Personnel Appeals Board, to the Board to assist the Board in 
carrying out its duties. Such detail may be on a reimbursable or 
nonreimbursable basis. Such detail shall be without interruption or 
loss of civil service status or privilege.
    ``(d) Consultants.--In carrying out the functions of the Board, the 
Executive Director may procure the temporary (not to exceed 1 year) or 
intermittent services of consultants.
``Sec. 473. Facilities
    ``The Equal Employment Opportunity Commission shall supply such 
office facilities, office supplies, support services, and related 
expenses as may be necessary to enable the Board to carry out the 
functions of the Board.

                     ``SUBCHAPTER V--EFFECTIVE DATE

``Sec. 481. Effective date
    ``This chapter shall take effect 1 year after the date of the 
enactment of the White House Accountability Act.''.
    (b) Regulations.--Appropriate measures shall be taken to ensure 
that any regulations needed to implement chapter 5 of title 3, United 
States Code, as added by this section, shall be in effect by the 
effective date of such chapter.
    (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.''.

SEC. 3. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

    (a) In General.--Each provision of Federal law that is made 
applicable to the legislative branch under section 102 of the 
Congressional Accountability Act of 1995, and that is enacted later 
than 12 months after the date of the enactment of this Act, shall be 
deemed to apply with respect to ``employing offices'' and ``covered 
employees'' (within the meaning of section 401 of title 3, United 
States Code, as added by this Act), unless such law specifically 
provides otherwise and expressly cites this section.
    (b) Regulations.--
            (1) In general.--The President 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 
        insofar as 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 the section.

SEC. 4. REPEAL OF SECTION 303 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 
              1991.

    (a) In General.--Section 303 of the Government Employee Rights Act 
of 1991 (as redesignated by section 504(a)(3) of the Congressional 
Accountability Act of 1995) is repealed.
    (b) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.
    (c) Savings Provision.--The repeal made by 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 from such 
proceedings as if this section had not been enacted.
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