[104th Congress Public Law 331]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ331.104]
[[Page 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. <<NOTE: Oct. 26, 1996 - [H.R.
3452]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Presidential and Executive
Office Accountability Act.>> assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short <<NOTE: 3 USC 401 note.>> Title.--This Act may be cited as
the ``Presidential and Executive Office Accountability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential
offices.
Sec. 3. Amendments to title 28, United States Code.
Sec. 4. Applicability of future employment 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
``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.
``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.
[[Page 110 STAT. 4054]]
``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. 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
``Sec. 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 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;
``(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).
``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 therein):
[[Page 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-
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) 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
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.--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
Employment Act of 1967; and
``(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of such Act.
[[Page 110 STAT. 4056]]
``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 (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
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.
``(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
subsection (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
regulations 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--
[[Page 110 STAT. 4057]]
``(i) would be equally effective for the
implementation 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.
``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.
``(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 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
regulations 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 subsection (a) or (b), if the issuance of
such regulations--
``(i) would be equally effective for the
implementation of the rights and protections under
this section; and
[[Page 110 STAT. 4058]]
``(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.
``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' does not include an intern
or a volunteer as defined in regulations under subsection (c).
``(3) Compensatory time.--Except as provided in regulations
under subsection (c)(3), covered 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 Fair 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 paragraph
(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 modification 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 designee
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.
``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
[[Page 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 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
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 of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.
``Sec. 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
employing office shall be closed or mass layoff ordered within
the meaning of section 3 of the Worker Adjustment and Retraining
Notification Act until the end of a 60-day period after the
employing office serves written notice of such prospective
closing or layoff to representatives of covered employees or, if
there are no representatives, to covered employees.
``(2) Exception.--
``(A) In general.--In the event that a President
(hereinafter in this paragraph referred to as the
`previous President') 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 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 subparagraph is any covered employee
serving pursuant to an appointment made during--
``(i) the term of office of the previous
President; or
[[Page 110 STAT. 4060]]
``(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 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
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 of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.
``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 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 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
[[Page 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
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
implementation 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.
``(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.
``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 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
``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 the White House and its appurtenant grounds and gardens, the
Old Executive Office Building, the New Executive Office Buildings, and
any other facility to the extent that offices are provided for employees
of the Executive Office of the President.
``(b) Remedy.--The remedy for a violation of 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
[[Page 110 STAT. 4062]]
section 411 of this title. A remedy under the preceding sentence shall
be enforced in accordance with applicable provisions of such section 203
or 308, as the case may be.
``(c) Definition.--For purposes of the application under this
section of the Americans with Disabilities Act of 1990, the term `public
entity' as used in such Act, means, to the extent that public services,
programs, or activities are provided, the White House and its
appurtenant grounds and gardens, the Old Executive Office Building, the
New Executive Office Buildings, and any other facility to the extent
that offices are provided for employees of the 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
regulations 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 funds are so designed
and constructed 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
implementation 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 of--
``(1) the effective date of regulations issued under
subsection (d); or
``(2) October 1, 1998.
``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.
[[Page 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
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 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 (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 he intends to contest
the citation or notification.
``(4) Variance procedures.--An employing office may request
from the Secretary of Labor an order granting a
variance from a standard made 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
[[Page 110 STAT. 4064]]
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 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
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 provision referred to in subsection (a) or
(b), if the issuance of such regulations--
``(i) would be equally effective for the
implementation 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
``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.--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.--
[[Page 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 protections under this section; or
``(B) as the Authority may determine that a
modification 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
requirements 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 protections 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 of--
``(i) a conflict of interest or appearance of
a conflict of interest; or
``(ii) the President's or Vice President's
constitutional 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 Policy.
``(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
subsection (c); or
``(B) October 1, 1998.
``(2) Certain employing offices.--Subsections (a) and (b)
shall take effect, with respect to employing offices, and
[[Page 110 STAT. 4066]]
employees of employing offices, referred to in subsection
(d)(2), on the earlier of--
``(A) the effective date of regulations issued under
subsection (d); or
``(B) October 1, 1998.
``Part E--General
``Sec. 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 prevailing 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 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.--Except as otherwise
provided in this chapter, no civil penalty or punitive damages may be
awarded with respect to any claim under this chapter.
``(d) Exclusive Procedure.--
``(1) In general.--Except as provided in 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 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 coverage
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 employment decision
based on, the party affiliation, or political compatibility with the
employing office, of an employee who is a covered employee.
[[Page 110 STAT. 4067]]
``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION
PROCEDURES
``Sec. 451. Procedure for consideration of alleged violations
``The procedure for consideration of alleged violations of part A of
subchapter II consists of--
``(1) counseling and mediation as provided in section
452; and
``(2) election, as provided in section 453, of 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.
``Sec. 452. Counseling and mediation
``(a) In General.--The <<NOTE: Regulations.>> President, or the
designee of the
President, shall by regulation establish procedures substantially
similar to those under sections 402 and 403 of the Congressional
Accountability Act of 1995 for the counseling and mediation of alleged
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 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.
``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, 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 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 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
[[Page 110 STAT. 4068]]
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 under section
417 relating to any practice made unlawful under section 411),
the initial appropriate agency shall be the Board, and such
matter shall thereafter be processed in accordance with section
7702(a)-(d) (disregarding paragraph (2) of such subsection (a))
and (f) of title 5.
``(3) Judicial review.--Notwithstanding any other
provision of law (including any provision of law referenced in
paragraph (1) or (2)), judicial 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.
``Sec. 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 regulation
promulgated to implement the statutory provision at issue in the
proceeding.
``Sec. 456. Confidentiality
``(a) Counseling.--All counseling under section 452 shall be
strictly confidential, except that, with the consent of the covered
employee, the employing office may be notified.
``(b) Mediation.--All mediation under section 452 shall be strictly
confidential.
``SUBCHAPTER IV--EFFECTIVE DATE
``Sec. 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.''.
(b) Regulations.--Appropriate <<NOTE: 3 USC 401 note.>> 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:
[[Page 110 STAT. 4069]]
``Sec. 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 under 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 Occupational Safety and
Health Review Commission, made under part C of
subchapter II of chapter 5 of title 3.
``(b) Filing of Petition.--Any petition for review under this
section must be filed within 30 days after the date the petitioner
receives notice of the final decision.''.
(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:
``Sec. 1413. Venue of cases under chapter 5 of title 3
``Notwithstanding 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
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.''.
(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.
[[Page 110 STAT. 4070]]
``3905. Attorney's fees and interest.
``3906. Payments.
``3907. Other judicial review prohibited.
``3908. Definitions.
``Sec. 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 relevant 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.
``Sec. 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 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. 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 promulgated to implement the
statutory provision at issue in the proceeding.
``Sec. 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.
``Sec. 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.
[[Page 110 STAT. 4071]]
``(b) Interest.--In any proceeding under section 1296 or section
1346(g), 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) 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.
``Sec. 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 amounts 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.
``Sec. 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.
``Sec. 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 <<NOTE: 28 USC 1296 note.>> Date.--The amendments made
by this section shall take effect on October 1, 1997.
(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 Offices3901''.
SEC. 4. <<NOTE: 3 USC 401 note.>> 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 (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 ``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, 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
[[Page 110 STAT. 4072]]
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 Congressional
Accountability Act of 1995) <<NOTE: 2 USC 1219 note.>> is repealed.
(b) Effective <<NOTE: 2 USC 1219 note.>> Date.--This section shall
take effect on October 1, 1997.
(c) Savings <<NOTE: 2 USC 1219 note.>> 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
Oversight).
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.
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