Pub.L. 104-332 To provide for ballast water management to prevent the introduction and spread of nonindigenous species into the waters of the United States, and for other purposes. <> ...

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[[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.

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