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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Engrossed in House (EH)]

  2d Session

                               H. R. 3452

_______________________________________________________________________

                                 AN ACT

     To make certain laws applicable to the Executive Office of the 
                   President, and for other purposes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
104th CONGRESS
  1d Session
                                H. R. 3452

_______________________________________________________________________

                                 AN ACT

 
     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. Amendments to title 28, United States Code.
Sec. 4. Financial officers within the Executive Office of the 
                            President.
Sec. 5. Amendment to definition of ``special government employee''.
Sec. 6. Applicability of future employment laws.
Sec. 7. Repeal of section 320 of the Government Employee Rights Act of 
                            1991.
Sec. 8. Political affiliation.
Sec. 9. Estabishment of Inspector General for Executive Office of the 
                            President.

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

``420. Rights and protections under the Americans with Disabilities Act 
                            of 1990.
          ``Part C--Occupational Safety and Health Act of 1970

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

``430. 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.
``457. Definitions.
             ``SUBCHAPTER IV--WHITE HOUSE COMPLIANCE BOARD

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

``481. Effective date.

                   ``Subchapter I--General Provisions

``SEC. 401. DEFINITIONS.

    ``Except as otherwise specifically provided in this chapter, as 
used in this chapter:
            ``(1) Board.--The term `Board' means the 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 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.
        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) 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 damages, including liquidated damages, as would be appropriate 
if awarded under paragraph (1) of section 107(a) of the Family and 
Medical Leave Act of 1993.

``SEC. 413. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR STANDARDS ACT 
              OF 1938.

    ``(a) Fair Labor Standards.--
            ``(1) In general.--The rights and protections established 
        by subsections (a)(1) and (d) of section 6, section 7, and 
        section 12(c) of the Fair Labor Standards Act of 1938 shall 
        apply to covered employees.
            ``(2) Interns and volunteers.--For the purposes of this 
        section, the term `covered employee' 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 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 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 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--
                            ``(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
                            ``(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 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 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 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 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 paragraph (4) may file a petition for review 
        with the appropriate United States circuit court of appeals 
        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 
        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.--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.--
            ``(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 deems 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 
        Federal Labor Relations 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 Advisors;
                    ``(F) the National Security Council;
                    ``(G) the Office of Management and Budget;
                    ``(H) the Office of National Drug Control Policy; 
                and
                    ``(I) the Office of the Inspector General of the 
                Executive Office of the President.

                           ``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), 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) 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 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 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 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.
    ``(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 appeal to the appropriate 
        circuit court of appeals under section 1296 of title 28.

``SEC. 455. EFFECT OF FAILURE TO ISSUE REGULATIONS.

    ``In any proceeding under section 453(1), if 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.

``SEC. 457. 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--WHITE HOUSE COMPLIANCE BOARD

``Sec. 471. Establishment of White House Compliance Board
    ``(a) Establishment.--There is established, as an independent 
establishment within the executive branch of the Federal Government, 
the White House Compliance Board.
    ``(b) Appointment.--The Board shall consist of 5 individuals 
appointed by the President. Appointments of the first 5 members of the 
Board shall be completed not later than 90 days after the effective 
date of this section.
    ``(c) Board Qualifications.--
            ``(1) Specific qualifications.--Selection and appointment 
        of members of the Board shall be without regard to political 
        affiliation and solely on the basis of fitness to perform the 
        duties of the Board. Members of the Board shall have training 
        or experience in the application of the rights, protections, 
        and remedies under 1 or more of the laws made applicable under 
        this chapter.
            ``(2) Disqualification for appointments.--No member of the 
        Board appointed under subsection (b) may hold or may have held 
        a position in the executive branch of the Federal Government 
        within 4 years of the date of appointment.
            ``(3) Vacancies.--A vacancy on the Board shall be filled in 
        the manner in which the original appointment was made.
    ``(d) Term of Office.--
            ``(1) In general.--Except as provided in paragraph (2), 
        membership on the Board shall be for 5 years. A member of the 
        Board who is appointed to a term of office of more than 3 years 
        shall only be eligible for appointment for a single term of 
        office.
            ``(2) First appointments.--Of the members first appointed 
        to the Board--
                    ``(A) 1 shall have a term of office of 3 years;
                    ``(B) 2 shall have a term of office of 4 years; and
                    ``(C) 2 shall have a term of office of 5 years;
            as designated at the time of appointment by the President.
    ``(e) Removal.--
              ``(1) Authority.--Any member of the Board may be removed 
        from office by the President, but only for--
                    ``(A) disability that substantially prevents the 
                member from carrying out the duties of the member;
                    ``(B) incompetence;
                    ``(C) neglect of duty;
                    ``(D) malfeasance, including a felony or conduct 
                involving moral turpitude; or
                    ``(E) holding an office or employment that 
                disqualifies the individual from service as a member of 
                the Board under subsection (c)(2).
            ``(2) Statement of reasons for removal.--In removing a 
        member of the Board, the President shall state in writing to 
        the member of the Board being removed the specific reasons for 
        the removal.
    ``(f) Compensation.--
            ``(1) Per diem.--Each member of the Board shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of title 5 for each day 
        (including travel time) during which such member is engaged in 
        the performance of the duties of the Board. The rate of pay of 
        a member may be prorated based on the portion of the day during 
        which the member is engaged in the performance of Board duties.
            ``(2) Travel expenses.--Each member of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5 for each day the 
        member is engaged in the performance of duties away from the 
        home or regular place of business of the member.
    ``(g) Financial Disclosure Reports.--Members of the Board shall 
file the financial disclosure reports required under title I of the 
Ethics in Government Act of 1978.
``Sec. 472. Personnel
    ``(a) Executive Director.--
            ``(1) Appointment and removal.--
                    ``(A) In general.--There shall be an Executive 
                Director of the Board.
                    ``(B) Appointment.--The initial Executive Director 
                shall be appointed by the President, and shall serve 
                for a 6-month term. After the end of the term of the 
                initial Executive Director, the Board shall appoint and 
                may remove the Executive Director.
                    ``(C) Qualifications.--The Executive Director shall 
                be an individual with training or expertise in the 
                application of laws referred to in section 402. 
                Selection and appointment of the Executive Director 
                shall be without regard to political affiliation and 
                solely on the basis of fitness to perform the duties of 
                the Executive Director.
                    ``(D) Disqualification.--The disqualification 
                specified in section 471(c)(2) shall apply to the 
                appointment of the Executive Director.
            ``(2) Compensation.--The Board (or the President in the 
        case of the initial Executive Director) may fix the 
        compensation of the Executive Director. The rate of pay for the 
        Executive Director may not exceed the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of title 5.
            ``(3) Duties.--The Executive Director shall serve as the 
        chief operating officer of the Board.
    ``(b) Other Staff.--The Executive Director shall appoint, and fix 
the compensation of, and may remove, such other additional staff, 
including hearing officers, as may be essential to enable the Board to 
perform its duties.
    ``(c) Detailed Personnel.--Upon request of the Executive Director, 
the head of any Federal agency shall detail any of the personnel of 
that agency, including members or personnel of the General Accounting 
Office Personnel Appeals Board, to the Board to assist the Board in 
carrying out its duties. Such detail may be on a reimbursable or 
nonreimbursable basis. Such detail shall be without interruption or 
loss of civil service status or privilege.
    ``(d) Consultants.--In carrying out the functions of the Board, the 
Executive Director may procure the temporary (not to exceed 1 year) or 
intermittent services of consultants.
``Sec. 473. Facilities
    ``The Equal Employment Opportunity Commission shall supply such 
office facilities, office supplies, support services, and related 
expenses as may be necessary to enable the Board to carry out the 
functions of the Board.

                     ``Subchapter V--Effective Date

``SEC. 481. EFFECTIVE DATE.

    ``This chapter shall take effect 1 year after the date of the 
enactment of the 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              401''.
                            Presidential Offices.

SEC. 3. AMENDMENTS TO TITLE 28, UNITED STATES CODE.

    (a) Circuit Court Jurisdiction.--(1) Chapter 83 of title 28, United 
States Code, is amended by adding at the end the following:
``Sec. 1296. Review of certain agency actions
    ``(a) Jurisdiction.--Subject to the provisions of chapter 179, the 
courts of appeals (other than 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 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 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.
    ``(c) Venue.--The venue of a proceeding under thi section is in the 
judicial circuit in which the petitioner resides or has its principal 
office, or in the United States Court of Appeals for the District of 
Columbia Circuit.''.
    (2) The table of sections for chapter 158 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) 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) 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.--(A) 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.--
            (1) In general.--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.
``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 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 420 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.
    ``(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.
``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 
        such office, 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, except that the terms `employing office' and 
`covered employee' shall each, to the extent that section 411 of title 
3 is involved, be considered to have the meaning given to it by such 
section.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of the enactment of the Presidential and 
Executive Office Accountability Act.
    (e) Conforming Amendments.--(1) 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       3901''.
                            Offices.

SEC. 4. 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. 5. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.

    (a) Amendment to Section 202(a).--Subsection (a) of section 202 of 
title 18, United States Code, is amended to read as follows:
    ``(a) For the purpose of sections 203, 205, 207, 208, and 209 of 
this title the term `special Government employee' shall mean--
            ``(1) an officer or employee as defined in subsection (c) 
        who is retained, designated, appointed, or employed in the 
        legislative or executive branch of the United States 
        Government, in any independent agency of the United States, or 
        in the government of the District of Columbia, and who, at the 
        time of retention, designation, appointment or employment, is 
        expected to perform temporary duties on a full-time or 
        intermittent basis for not to exceed one hundred and thirty 
        days during any period of three hundred and sixty five 
        consecutive days;
            ``(2) a part-time United States commissioner;
            ``(3) a part-time United States magistrate;
            ``(4) an independent counsel appointed under chapter 40 of 
        title 28 and any person appointed by that independent counsel 
        under section 594(c) of title 28;
            ``(5) a person serving as a part-time local representative 
        of a Member of Congress in the Member's home district or State; 
        and
            ``(6) a Reserve officer of the Armed Forces, or an officer 
        of the National Guard of the United States, who is not 
        otherwise an officer or employee as defined in subsection (c) 
        who is--
                    ``(A) on active duty solely for training 
                (notwithstanding section 2105(d) of title 5);
                    ``(B) serving voluntarily for not to exceed one 
                hundred and thirty days during any period of three 
                hundred and sixty five consecutive days; or
                    ``(C) serving involuntarily.''.
    (b) Amendment to Section 202(c).--Subsection (c) of 202 of title 
18, United States Code, is amended to read as follows:
    ``(c) The terms `officer' and `employee' in sections 203, 205, 207 
through 209, and 218 of this title shall include--
            ``(1) an individual who is retained, designated, appointed 
        or employed in the United States Government or in the 
        government of the District of Columbia, to perform, with or 
        without compensation and subject to the supervision of the 
        President, the Vice President, a Member of Congress, a Federal 
        judge or an officer or employee of the United States or of the 
        government of the District of Columbia, a Federal or District 
        of Columbia function under authority of law or an Executive 
        act. As used in this section, a Federal or District of Columbia 
        function shall include, but not be limited to--
                    ``(A) supervising, managing, directing or 
                overseeing a Federal or District of Columbia officer or 
                employee in the performance of such officer's or 
                employee's official duties;
                    ``(B) providing regular advice, counsel, or 
                recommendations to the President, the Vice President, a 
                Member of Congress, or any Federal or District of 
                Columbia officer or employee, or conducting meetings 
                involving any of those individuals, as part of the 
                Federal or District of Columbia government's internal 
                deliberative process; or
                    ``(C) obligating funds of the United States or the 
                District of Columbia;
            ``(2) a Reserve officer of the Armed Forces or an officer 
        of the National Guard of the United States who is serving 
        voluntarily in excess of one hundred and thirty days during any 
        period of three hundred and sixty-five consecutive days; and
            ``(3) the President, the Vice President, a Member of 
        Congress or a Federal judge only if specified in the 
        section.''.
    (c) New Section 202(f).--Section 202 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(f) The terms `officer or employee' and `special Government 
employee' as used in sections 203, 205, 207 through 209, and 218, shall 
not include enlisted members of the Armed Forces, nor shall they 
include an individual who is retained, designated or appointed without 
compensation specifically to act as a representative of a non-Federal 
(or non-District of Columbia) interest on an advisory committee 
established pursuant to the Federal Advisory Committee Act or any 
similarly established committee whose meetings are generally open to 
the public. The non-Federal interest to be represented must be 
specifically set forth in the statute, charter, or Executive act 
establishing the committee.''.

SEC. 6. 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. 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.

SEC. 8. POLITICAL AFFILIATION.

    It shall not be a violation of any provision of section 411 of 
title 3, United States Code, as amended by this Act, to consider the 
party affiliation, or political compatibility with the employing 
office, of an employee who is a ``covered employee'' for purposes of 
such section 411 with respect to employment decisions.

SEC. 9. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE 
              PRESIDENT.

    (a) Establishment of Office.--Section 11 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (1) by inserting ``the President (with 
        respect only to the Executive Office of the President),'' after 
        ``means''; and
            (2) in paragraph (2) by inserting ``the Executive Office of 
        the President,'' after ``means''.
    (b) Appointment of Inspector General.--Not later than 120 days 
after the effective date of this section, the President shall nominate 
an individual as the Inspector General of the Executive Office of the 
President pursuant to the amendments made by subsection (a).
    (c) Special Provisions Concerning Inspector General of the 
Executive Office of the President.--The Inspector General Act of 1978 
(5 U.S.C. App.) is amended--
            (1) by redesignating the second section 8G (regarding a 
        rule of construction) as section 8I; and
            (2) by inserting after the first section 8G (regarding 
        requirements for Federal entities and designated Federal 
        entities) the following:

``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE 
              EXECUTIVE OFFICE OF THE PRESIDENT.

    ``(a) Authority, Direction, and Control of President.--
Notwithstanding the last 2 sentences of section 3(a), the Inspector 
General of the Executive Office of the President shall be under the 
authority, direction, and control of the President with respect to 
audits or investigations, or the issuance of subpoenas, which require 
access to information concerning--
            ``(1) ongoing criminal investigations or proceedings;
            ``(2) undercover operations;
            ``(3) the identity of confidential sources, including 
        protected witnesses;
            ``(4) deliberations and decisions on policy matters, 
        including documented information used as a basis for making 
        policy decisions;
            ``(5) intelligence or counterintelligence matters; or
            ``(6) other matters the disclosure of which would 
        constitute a serious threat to the national security, or would 
        cause significant impairment to the national interests 
        (including interests in foreign trade negotiations), of the 
        United States.
    ``(b) Prohibiting Activities of Inspector General.--With respect to 
information described in subsection (a), the President may prohibit the 
Inspector General of the Executive Office of the President from 
carrying out or completing any audit or investigation, or issuing any 
subpoena, after the Inspector General has decided to initiate, carry 
out, or complete such audit or investigation or to issue such subpoena, 
if the President determines that--
            ``(1) the disclosure of that information would interfere 
        with the core functions of the constitutional responsibilities 
        of the President; and
            ``(2) the prohibition is necessary to prevent the 
        disclosure of that information.
    ``(c) Notice.--
            ``(1) Notice to inspector general.--If the President makes 
        a determination referred to in subsection (b)(1) or (2), the 
        President shall within 30 days notify the Inspector General in 
        writing stating the reasons for that determination.
            ``(2) Notice to congress.--Within 30 days after receiving a 
        notice under paragraph (1), the Inspector General shall 
        transmit a copy of the notice to each of the Chairman and the 
        ranking minority party member of the Committee on Government 
        Reform and Oversight of the House of Representatives, the 
        Committee on Governmental Affairs of the Senate, and other 
        appropriate committees or subcommittees of the Congress.
    ``(d) Semiannual Reports.--
            ``(1) Information to be included.--The Inspector General of 
        the Executive Office of the President shall include in each 
        semiannual report to the President under section 5, at a 
        minimum--
                    ``(A) a list of the title or subject of each 
                inspection, investigation, or audit conducted during 
                the reporting period;
                    ``(B) a statement of whether corrective action has 
                been completed on each significant recommendation 
                described in previous semiannual reports, and, in a 
                case where corrective action has been completed, a 
                description of such corrective action;
                    ``(C) a certification that the Inspector General 
                has had full and direct access to all information 
                relevant to the performance of functions of the 
                Inspector General;
                    ``(D) a description of all cases occurring during 
                the reporting period in which the Inspector General 
                could not obtain documentary evidence relevant to any 
                inspection, audit, or investigation due to a 
                determination of the President under subsection (b); 
                and
                    ``(E) such recommendations as the Inspector General 
                considers appropriate concerning legislation to promote 
                economy and efficiency in the administration of 
                programs and operations undertaken by the Executive 
                Office of the President, and to detect and eliminate 
                fraud, waste, and abuse in such programs and 
                operations.
            ``(2) Transmission to congress.--Within 30 days after 
        receiving a semiannual report under section 5 from the 
        Inspector General of the Executive Office of the President, the 
        President shall transmit the report to each of the Chairman and 
        the ranking minority party member of the Committee on 
        Government Reform and Oversight of the House of Representatives 
        and the Committee on Governmental Affairs of the Senate with 
        any comments the President considers appropriate.''.
    (d) Effective Date.--This section shall take effect on January 21, 
1997.

            Passed the House of Representatives September 24, 1996.

            Attest:

                                                                 Clerk.
```