Text: H.R.3452 — 104th Congress (1995-1996)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 104-331 (10/26/1996)

 
[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.

                                  <all>