[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3452
To make certain laws applicable to the Executive Office of the
President, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 1996
Mr. Mica (for himself, Mr. Clinger, Mr. Horn, Mr. Bachus, Mrs.
Seastrand, Mr. Solomon, Mr. Norwood, Mr. Weldon of Florida, Mr.
Kingston, Mr. Hayworth, Mr. Burr, Mr. Ensign, Mr. Sam Johnson of Texas,
Mr. Duncan, Mr. Gilman, Mr. Bass, Ms. Greene of Utah, Mr. Kolbe, Mr.
Wamp, Mr. Zeliff, Mr. Inglis of South Carolina, Mr. Hostettler, Mr.
LaHood, Mr. Chambliss, Mrs. Kelly, Mr. English of Pennsylvania, Mr.
Schiff, Mr. McCollum, Mr. Cox of California, Mr. Chrysler, Mr.
Christensen, Mr. Lazio of New York, Mr. Forbes, Mr. Lewis of Kentucky,
Mr. Coble, Mr. Miller of Florida, Mr. Saxton, Mr. Barton of Texas, Ms.
Pryce, Mr. Riggs, Mr. Pombo, Mr. Collins of Georgia, Mr. Everett, Mr.
Doolittle, Mr. Lightfoot, Mr. Ehlers, Mr. Talent, Mr. Skeen, Mr. Watts
of Oklahoma, Mr. Castle, Mr. Dreier, Mr. Hastert, Mr. Emerson, Mr.
Smith of Michigan, Mr. Upton, Mr. Deal of Georgia, Mr. Calvert, Mr.
Livingston, Mr. Torkildsen, Mr. McCrery, Mr. Tate, Mr. Hoke, Mr. Hayes,
Mr. Funderburk, Mr. Cooley of Oregon, Mr. Bartlett of Maryland, Mr.
Crapo, Mr. Campbell, Mr. Manzullo, Mr. Hastings of Washington, Mr.
Dornan, Mr. Jones, Mr. Portman, Mr. Fawell, Mr. Burton of Indiana, Mr.
Roberts, Mr. Sanford, Mr. Tiahrt, Mr. McIntosh, Mr. Shadegg, Mr.
Heineman, Mr. Brownback, Mr. Rohrabacher, Mr. Bryant of Tennessee, Mr.
Largent, Mr. Souder, Mr. Davis, Mr. Roth, Mr. Tauzin, Mr. Graham, Mr.
Baker of California, Mr. Nethercutt, Mr. McDade, Mrs. Meyers of Kansas,
Mr. Fox of Pennsylvania, Mrs. Johnson of Connecticut, Mr. Neumann, Mr.
Kim, Mr. Foley, Mr. Allard, Mr. Herger, Mr. Stearns, Mr. Lipinski, Mr.
Schaefer, Mr. Diaz-Balart, Mr. Shays, and Mr. Taylor of North Carolina)
introduced the following bill; which was referred to the Committee on
Government Reform and Oversight, and in addition to the Committees on
Economic and Educational Opportunities, the Judiciary, and Veterans'
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make certain laws applicable to the Executive Office of the
President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Presidential and
Executive Office Accountability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential
offices.
Sec. 3. Financial officers within the Executive Office of the
President.
Sec. 4. Amendment to definition of ``special government employee''.
Sec. 5. Applicability of future employment laws.
Sec. 6. Amendments to the Congressional Accountability Act of 1995.
Sec. 7. Repeal of section 320 of the Government Employee Rights Act of
1991.
SEC. 2. EXTENSION OF CERTAIN RIGHTS AND 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.
``Sec. 402. Application of laws.
``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
``Part A--Employment Discrimination, Family and Medical Leave, Fair
Labor Standards, Employee Polygraph Protection, Worker Adjustment and
Retraining, Employment and Reemployment of Veterans, and Intimidation
``Sec. 411. Rights and protections under title VII of the Civil
Rights Act of 1964, the Age Discrimination
in Employment Act of 1967, the
Rehabilitation Act of 1973, and title I of
the Americans with Disabilities Act of
1990.
``Sec. 412. Rights and protections under the Family and Medical
Leave Act of 1993.
``Sec. 413. Rights and protections under the Fair Labor
Standards Act of 1938.
``Sec. 414. Rights and protections under the Employee Polygraph
Protection Act of 1988.
``Sec. 415. Rights and protections under the Worker Adjustment
and Retraining Notification Act.
``Sec. 416. Rights and protections relating to veterans'
employment and reemployment.
``Sec. 417. Prohibition of intimidation or reprisal.
``Part B--Public Access Provisions Under the Americans With
Disabilities Act of 1990
``Sec. 420. Rights and protections under the Americans with
Disabilities Act of 1990.
``Part C--Occupational Safety and Health Act of 1970
``Sec. 425. Rights and protections under the Occupational
Safety and Health Act of 1970; procedures
for remedy of violations.
``Part D--Labor-Management Relations
``Sec. 430. Application of chapter 71 of title 5, relating to
Federal service labor-management relations;
procedures for remedy of violations.
``Part E--General
``Sec. 435. Generally applicable remedies and limitations.
``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION
PROCEDURES
``Sec. 451. Procedure for consideration of alleged violations.
``Sec. 452. Counseling and mediation.
``Sec. 453. Election of proceeding.
``Sec. 454. Appropriate agencies.
``Sec. 455. Judicial review.
``Sec. 456. Civil action.
``Sec. 457. Judicial review of regulations.
``Sec. 458. Other judicial review prohibited.
``Sec. 459. Effect of failure to issue regulations.
``Sec. 460. Expedited review of certain appeals.
``Sec. 461. Payments.
``Sec. 462. Confidentiality.
``Sec. 463. Definitions.
``SUBCHAPTER IV--EFFECTIVE DATE
``Sec. 471. Effective date.
``Subchapter I--General Provisions
``SEC. 401. DEFINITIONS.
``Except as otherwise specifically provided in this chapter, as
used in this chapter:
``(1) Board.--The term `Board' means the Merit Systems
Protection Board under chapter 12 of title 5.
``(2) Covered employee.--The term `covered employee' means
any employee of an employing 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.
``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):
``(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 remedy as would be appropriate if
awarded under section 706(g) of the Civil Rights Act of
1964; and
``(B) such compensatory or punitive 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 remedy 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.
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 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 or punitive 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) 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.
``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.--For the purposes of this section, the term
`covered employee' does not include an intern 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 remedy, including liquidated damages, as would be appropriate
if awarded under section 16(b) of the Fair Labor Standards Act of 1938.
``(c) Regulations To Implement Section.--
``(1) In general.--The President shall issue regulations to
implement this section.
``(2) Agency regulations.--Except as 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
subsection (a) 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 this
section.
``(3) Irregular work schedules.--The President shall issue
regulations for covered employees whose work schedules directly
depend on the schedule of the President or the Vice President
that shall be comparable to the provisions in the Fair Labor
Standards Act of 1938 that apply to employees who have
irregular work schedules.
``SEC. 414. RIGHTS AND PROTECTIONS UNDER THE 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.
``(c) 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 subsections (a) and (b)
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 this
section.
``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') does not succeed himself in
office as a result of the election of a new President,
no notice or waiting period shall be required under
paragraph (1) with respect to the separation of any
individual described in subparagraph (B), if such
separation occurs pursuant to a closure or mass layoff
ordered after the term of the new President commences.
``(B) Description of individuals.--An individual
described in this subparagraph is any covered employee
serving pursuant to an appointment made during--
``(i) the term of office of the previous
President; or
``(ii) any term, earlier than the term
referred to in clause (i), during which such
previous President served as President or Vice
President.
``(b) Remedy.--The remedy for a violation of 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.
``(c) 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
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 this section.
``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.
``(c) 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.
``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 it by such section.
``PART B--PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
``SEC. 420. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990.
``(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 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.
``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 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 he 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 (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. 430. 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.
``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 420, is a prevailing party in any
proceeding under section 453(1), 455, or 456, the administrative agency
or court, as the case may be, may award attorney's fees, expert fees,
and any other costs as would be appropriate if awarded under section
706(k) of the Civil Rights Act of 1964.
``(b) Interest.--In any proceeding under section 453(1), 455, or
456, the same interest to compensate for delay in payment shall be made
available as would be 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.
``(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) Definitions Relating to Section 411.--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 it by
such section.
``Subchapter III--Administrative and Judicial Dispute-Resolution
Procedures
``SEC. 451. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
``The procedure for consideration of alleged violations of part A
of subchapter II consists of--
``(1) counseling and mediation as provided in section 452;
and
``(2) election, as provided in section 453, of 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.
``SEC. 452. COUNSELING AND MEDIATION.
``(a) In General.--The President shall by regulation establish
procedures substantially similar to those under sections 402 and 403 of
the Congressional Accountability Act of 1995 for the counseling and
mediation of alleged 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 administrative
agency, as determined under section 454; or
``(2) file a civil action in accordance with section 456 in
the United States district court for the district in which the
employee is employed or for the District of Columbia.
``SEC. 454. APPROPRIATE AGENCIES.
``(a) In General.--Except as provided in subsection (b), the
appropriate agency under this section with respect to an alleged
violation of part A of subchapter II shall be the Board.
``(b) Exceptions.--
``(1) Discrimination.--For purposes of any 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 other Federal employee.
``(2) Mixed cases.--However, in the case of any covered
employee (within the meaning of section 411(c)(1)) who has been
affected by an action which an employee of an executive agency
may appeal to the Board and who alleges that a basis for the
action was discrimination prohibited by section 411 (or any
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 the court specified in
section 455.
``SEC. 455. JUDICIAL REVIEW.
``(a) In General.--The United States Court of Appeals for the
Federal Circuit shall have jurisdiction over a petition for review of a
final decision under this chapter of--
``(1) an appropriate agency (as determined under section
454);
``(2) the Federal Labor Relations Authority under chapter
71 of title 5, notwithstanding section 7123 of such title; or
``(3) the Secretary of Labor or the Occupational Safety and
Health Review Commission, made under part C of subchapter II.
``(b) Filing Deadline.--Any petition for review under this section
must be filed within 30 days after the date the petitioner receives
notice of the final decision.
``SEC. 456. CIVIL ACTION.
``(a) Jurisdiction.--The district courts of the United States shall
have jurisdiction over any civil action 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
section 411(b)(1) or 411(b)(3).
``SEC. 457. JUDICIAL REVIEW OF REGULATIONS.
``In any proceeding brought under section 455 or 456 in which the
application of a regulation issued under this chapter is at issue, the
court may review the validity of the regulation in accordance with the
provisions of 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 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 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. 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 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
such office, if it arises out of an administrative proceeding
under this chapter (or any appeal therefrom).
``SEC. 462. 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.
``SEC. 463. DEFINITIONS.
``For purposes of applying this subchapter, the terms `employing
office' and `covered employee' shall each, to the extent that section
411 is involved, be considered to have the meaning given to it by such
section.
``Subchapter IV--Effective Date
``SEC. 471. EFFECTIVE DATE.
``This chapter shall take effect 1 year after the date of the
enactment of the Presidential and Executive Office 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 amended 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. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Chief Financial Officer.--Section 901 of title 31, United
States Code, is amended by adding at the end the following:
``(c)(1) There shall be within the Executive Office of the
President a Chief Financial Officer, who shall be appointed by the
President from among individuals meeting the standards described in
subsection (a)(3).
``(2) The Chief Financial Officer under this subsection shall have
the same authority and shall perform the same functions as apply in the
case of a Chief Financial Officer under section 902.
``(3) The Director of the Office of Management and Budget shall
prescribe any regulations which may be necessary to ensure that, for
purposes of implementing paragraph (2), the Executive Office of the
President shall, to the extent practicable and appropriate, be treated
(including for purposes of financial statements under section 3515) in
the same way as an agency described in subsection (b).''.
(b) Deputy Chief Financial Officer.--Section 903 of title 31,
United States Code, is amended by adding at the end the following:
``(c)(1) There shall be within the Executive Office of the
President a Deputy Chief Financial Officer, who, notwithstanding any
provision of subsection (b), shall be appointed by the President from
among individuals meeting the standards described in section 901(a)(3).
``(2) The Deputy Chief Financial Officer under this subsection
shall have the same authority and shall perform the same functions as
apply in the case of the Deputy Chief Financial Officer of an agency
described in subsection (b).''.
(c) Technical and Conforming Amendments.--
(1) Title 31, united states code.--Section 503(a) of title
31, United States Code, is amended--
(A) in paragraph (7) by striking ``respectively.''
and inserting ``respectively (excluding any officer
appointed under section 901(c) or 903(c)).''; and
(B) in paragraph (8) by striking ``Officers.'' and
inserting ``Officers (excluding any officer appointed
under section 901(c) or 903(c)).''.
(2) Designation of agency head.--The President shall
designate an employee of the Executive Office of the President
(other than the Chief Financial Officer or Deputy Chief
Financial Officer appointed under the amendments made
by subsections (a) and (b), respectively), who shall be deemed ``the
head of the agency'' for purposes of carrying out section 902 of title
31, United States Code, with respect to the Executive Office of the
President.
SEC. 4. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.
(a) In General.--Section 202 of title 18, United States Code, is
amended by adding at the end the following:
``(e) For purposes of the first sentence of subsection (a), an
individual shall be considered `retained, designated, appointed, or
employed' by the Executive Office of the President if such individual--
``(1) is retained, designated, appointed, or employed by
the President or the Vice President, or any other authorized
individual (including the spouse of the President or the Vice
President), to provide advice, counsel, or recommendations to
employees of the Executive Office of the President; and
``(2)(A) is furnished the use (exclusive or otherwise) of
an office or equipment at Government expense;
``(B) owns at least 10 percent of the outstanding capital
stock of a corporation, or an equivalent interest in any other
entity, that such individual knows or reasonably should know is
doing business or attempting to do business with the United
States Government;
``(C) is a lobbyist, within the meaning of section 3(10) of
the Lobbying Disclosure Act of 1995; or
``(D) provides advice, counsel, or recommendations on any
of the following:
``(i) Personnel, organization, or reorganization of
the Executive Office of the President.
``(ii) The contracting or privatization of any
function of the United States Government.
``(iii) Contracts to provide goods or services to
the United States Government.
``(iv) Congressional hearings or proceedings.''.
SEC. 5. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.
Each Federal law governing employment in the private sector,
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 amended by this Act), unless such law
specifically provides otherwise and expressly cites this section.
SEC. 6. AMENDMENTS TO THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.
(a) In General.--The Congressional Accountability Act of 1995
(Public Law 104-1; 2 U.S.C. 1301 et seq.) is amended--
(1) in paragraphs (1)(B) and (3)(B) of section 201(b) by
inserting ``or punitive'' after ``compensatory''; and
(2) in section 225(c) by striking ``No'' and inserting
``Except as expressly provided in this Act, no''.
(b) Effective Date.--This section shall take effect 1 year after
the date of the enactment of this Act, and the amendments made by this
section shall apply with respect to actions brought on or after the
effective date of this section.
SEC. 7. REPEAL OF SECTION 320 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF
1991.
(a) In General.--Section 320 of the Government Employee Rights Act
of 1991 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 under this section shall not
affect proceedings in which the 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.
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