IB

104TH CONGRESS

2D SESSION H. R. 3452

[Report No. 104–820, Part I]

To make certain laws applicable to the Executive Office of the President,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 14, 1996

Mr. MICA (for himself, Mr. CLINGER, Mr. HORN, Mr. BACHUS, Mrs.

SEASTRAND, Mr. SOLOMON, Mr. NORWOOD, Mr. WELDON of Florida, Mr.

KINGSTON, Mr. HAYWORTH, Mr. BURR, Mr. ENSIGN, Mr. SAM JOHNSON

of Texas, Mr. DUNCAN, Mr. GILMAN, Mr. BASS, Ms. GREENE of Utah,

Mr. KOLBE, Mr. WAMP, Mr. ZELIFF, Mr. INGLIS of South Carolina, Mr.

HOSTETTLER, Mr. LAHOOD, Mr. CHAMBLISS, Mrs. KELLY, Mr. ENGLISH

of Pennsylvania, Mr. SCHIFF, Mr. MCCOLLUM, Mr. COX of California,

Mr. CHRYSLER, Mr. CHRISTENSEN, Mr. LAZIO of New York, Mr.

FORBES, Mr. LEWIS of Kentucky, Mr. COBLE, Mr. MILLER of Florida,

Mr. SAXTON, Mr. BARTON of Texas, Ms. PRYCE, Mr. RIGGS, Mr. POMBO,

Mr. COLLINS of Georgia, Mr. EVERETT, Mr. DOOLITTLE, Mr. LIGHTFOOT, Mr. EHLERS, Mr. TALENT, Mr. SKEEN, Mr. WATTS of Oklahoma,

Mr. CASTLE, Mr. DREIER, Mr. HASTERT, Mr. EMERSON, Mr. SMITH of

Michigan, Mr. UPTON, Mr. DEAL of Georgia, Mr. CALVERT, Mr. LIVINGSTON, Mr. TORKILDSEN, Mr. MCCRERY, Mr. TATE, Mr. HOKE, Mr.

HAYES, Mr. FUNDERBURK, Mr. COOLEY of Oregon, Mr. BARTLETT of

Maryland, Mr. CRAPO, Mr. CAMPBELL, Mr. MANZULLO, Mr. HASTINGS

of Washington, Mr. DORNAN, Mr. JONES, Mr. PORTMAN, Mr. FAWELL,

Mr. BURTON of Indiana, Mr. ROBERTS, Mr. SANFORD, Mr. TIAHRT, Mr.

MCINTOSH, Mr. SHADEGG, Mr. HEINEMAN, Mr. BROWNBACK, Mr.

ROHRABACHER, Mr. BRYANT of Tennessee, Mr. LARGENT, Mr. SOUDER,

Mr. DAVIS, Mr. ROTH, Mr. TAUZIN, Mr. GRAHAM, Mr. BAKER of California, Mr. NETHERCUTT, Mr. MCDADE, Mrs. MEYERS of Kansas, Mr. FOX

of Pennsylvania, Mrs. JOHNSON of Connecticut, Mr. NEUMANN, Mr. KIM,

Mr. FOLEY, Mr. ALLARD, Mr. HERGER, Mr. STEARNS, Mr. LIPINSKI,

Mr. SCHAEFER, Mr. DIAZ-BALART, Mr. SHAYS, and Mr. TAYLOR of

North Carolina) introduced the following bill; which was referred to the

Committee on Government Reform and Oversight, and in addition to the

Committees on Economic and Educational Opportunities, the Judiciary,

and Veterans’ Affairs, for a period to be subsequently determined by the
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Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

SEPTEMBER 24, 1996

Additional sponsors: Mrs. FOWLER, Mr. BLILEY, and Mr. PETERSON of

Minnesota

SEPTEMBER 24, 1996

Reported from the Committee on Government Reform and Oversight with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 24, 1996

Referral to the Committees on Economic and Educational Opportunities, the

Judiciary, and Veterans’ Affairs extended for a period ending not later

than September 24, 1996

SEPTEMBER 24, 1996

The Committees on Economic and Educational Opportunities, the Judiciary,

and Veterans’ Affairs discharged; committed to the Committee of the

Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on May 14, 1996]

A BILL

To make certain laws applicable to the Executive Office

of the President, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Presidential and Executive Office Accountability Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Extension of certain rights and protections to presidential offices.

Sec. 3. Financial officers within the Executive Office of the President.

Sec. 4. Amendment to definition of ‘‘special government employee’’.
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Sec. 5. Applicability of future employment laws.

Sec. 6. Repeal of section 320 of the Government Employee Rights Act of 1991.

Sec. 7. Political affiliation.

Sec. 8. Estabishment of Inspector General for Executive Office of the President.

1 SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTEC2 TIONS TO PRESIDENTIAL OFFICES.

3 (a) IN GENERAL.—Title 3, United States Code, is

4 amended by adding at the end the following:

5 ‘‘CHAPTER 5—EXTENSION OF CERTAIN

6 RIGHTS AND PROTECTIONS TO PRESI7 DENTIAL 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.
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‘‘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 DISPUTERESOLUTION PROCEDURES

‘‘451. Procedure for consideration of alleged violations.

‘‘452. Counseling and mediation.

‘‘453. Election of proceeding.

‘‘454. Appropriate agencies.

‘‘455. Judicial review.

‘‘456. Civil action.

‘‘457. Judicial review of regulations.

‘‘458. Other judicial review prohibited.

‘‘459. Effect of failure to issue regulations.

‘‘460. Expedited review of certain appeals.

‘‘461. Payments.

‘‘462. Confidentiality.

‘‘463. Definitions.

‘‘SUBCHAPTER IV—EFFECTIVE DATE

‘‘471. Effective date.

1 ‘‘Subchapter I—General Provisions

2 ‘‘SEC. 401. DEFINITIONS.

3 ‘‘Except as otherwise specifically provided in this

4 chapter, as used in this chapter:

5 ‘‘(1) BOARD.—The term ‘Board’ means the Merit

6 Systems Protection Board under chapter 12 of title 5.

7 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered

8 employee’ means any employee of an employing office.

9 ‘‘(3) EMPLOYEE.—The term ‘employee’ includes

10 an applicant for employment and a former employee.

11 ‘‘(4) EMPLOYING OFFICE.—The term ‘employing

12 office’ means—
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1 ‘‘(A) each office, agency, or other component

2 of the Executive Office of the President;

3 ‘‘(B) the Executive Residence at the White

4 House; and

5 ‘‘(C) the official residence (temporary or

6 otherwise) of the Vice President.

7 ‘‘SEC. 402. APPLICATION OF LAWS.

8 ‘‘The following laws shall apply, as prescribed by this

9 chapter, to all employing offices (including employing of10 fices within the meaning of section 411, to the extent pre11 scribed therein):

12 ‘‘(1) The Fair Labor Standards Act of 1938.

13 ‘‘(2) Title VII of the Civil Rights Act of 1964.

14 ‘‘(3) The Americans with Disabilities Act of

15 1990.

16 ‘‘(4) The Age Discrimination in Employment

17 Act of 1967.

18 ‘‘(5) The Family and Medical Leave Act of 1993.

19 ‘‘(6) The Occupational Safety and Health Act of

20 1970.

21 ‘‘(7) Chapter 71 (relating to Federal service

22 labor-management relations) of title 5.

23 ‘‘(8) The Employee Polygraph Protection Act of

24 1988.
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1 ‘‘(9) The Worker Adjustment and Retraining No2 tification Act.

3 ‘‘(10) The Rehabilitation Act of 1973.

4 ‘‘(11) Chapter 43 (relating to veterans’ employ5 ment and reemployment) of title 38.

6 ‘‘Subchapter II—Extension of Rights and

7 Protections

8 ‘‘PART A—EMPLOYMENT DISCRIMINATION, FAM9 ILY AND MEDICAL LEAVE, FAIR LABOR

10 STANDARDS, EMPLOYEE POLYGRAPH PRO11 TECTION, WORKER ADJUSTMENT AND RE12 TRAINING, EMPLOYMENT AND REEMPLOY13 MENT OF VETERANS, AND INTIMIDATION

14 ‘‘SEC. 411. RIGHTS AND PROTECTIONS UNDER TITLE VII OF

15 THE CIVIL RIGHTS ACT OF 1964, THE AGE DIS16 CRIMINATION IN EMPLOYMENT ACT OF 1967,

17 THE REHABILITATION ACT OF 1973, AND

18 TITLE I OF THE AMERICANS WITH DISABIL19 ITIES ACT OF 1990.

20 ‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All

21 personnel actions affecting covered employees shall be made

22 free from any discrimination based on—

23 ‘‘(1) race, color, religion, sex, or national origin,

24 within the meaning of section 703 of the Civil Rights

25 Act of 1964;
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1 ‘‘(2) age, within the meaning of section 15 of the

2 Age Discrimination in Employment Act of 1967; or

3 ‘‘(3) disability, within the meaning of section

4 501 of the Rehabilitation Act of 1973 and sections

5 102 through 104 of the Americans with Disabilities

6 Act of 1990.

7 ‘‘(b) REMEDY.—

8 ‘‘(1) CIVIL RIGHTS.—The remedy for a violation

9 of subsection (a)(1) shall be—

10 ‘‘(A) such damages as would be appropriate

11 if awarded under section 706(g) of the Civil

12 Rights Act of 1964; and

13 ‘‘(B) such compensatory damages as would

14 be appropriate if awarded under section 1977 of

15 the Revised Statutes, or as would be appropriate

16 if awarded under sections 1977A(a)(1),

17 1977A(b)(2), and, irrespective of the size of the

18 employing office, 1977A(b)(3)(D) of the Revised

19 Statutes.

20 ‘‘(2) AGE DISCRIMINATION.—The remedy for a

21 violation of subsection (a)(2) shall be—

22 ‘‘(A) such damages as would be appropriate

23 if awarded under section 15(c) of the Age Dis24 crimination in Employment Act of 1967; and
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1 ‘‘(B) such liquidated damages as would be

2 appropriate if awarded under section 7(b) of

3 such Act.

4 In addition, the waiver provisions of section 7(f) of

5 such Act shall apply to covered employees.

6 ‘‘(3) DISABILITIES DISCRIMINATION.—The rem7 edy for a violation of subsection (a)(3) shall be—

8 ‘‘(A) such damages as would be appropriate

9 if awarded under section 505(a)(1) of the Reha10 bilitation Act of 1973 or section 107(a) of the

11 Americans with Disabilities Act of 1990; and

12 ‘‘(B) such compensatory damages as would

13 be appropriate if awarded under sections

14 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, ir15 respective of the size of the employing office,

16 1977A(b)(3)(D) of the Revised Statutes.

17 ‘‘(c) DEFINITIONS.—Except as otherwise specifically

18 provided in this section, as used in this section:

19 ‘‘(1) COVERED EMPLOYEE.—The term ‘covered

20 employee’ means any employee of a unit of the execu21 tive branch, including the Executive Office of the

22 President, whether appointed by the President or by

23 any other appointing authority in the executive

24 branch, who is not otherwise entitled to bring an ac-
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1 tion under any of the statutes referred to in sub2 section (a), but does not include any individual—

3 ‘‘(A) whose appointment is made by and

4 with the advice and consent of the Senate;

5 ‘‘(B) who is appointed to an advisory com6 mittee, as defined in section 3(2) of the Federal

7 Advisory Committee Act; or

8 ‘‘(C) who is a member of the uniformed

9 services.

10 ‘‘(2) EMPLOYING OFFICE.—The term ‘employing

11 office’, with respect to a covered employee, means the

12 office, agency, or other entity in which the covered

13 employee is employed (or sought employment or was

14 employed in the case of an applicant or former em15 ployee, respectively).

16 ‘‘(d) APPLICABILITY.—Subsections (a) through (c),

17 and section 417 (to the extent that it relates to any matter

18 under this section), shall apply with respect to violations

19 occurring on or after the effective date of this chapter.

20 ‘‘SEC. 412. RIGHTS AND PROTECTIONS UNDER THE FAMILY

21 AND MEDICAL LEAVE ACT OF 1993.

22 ‘‘(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PRO23 TECTIONS PROVIDED.—

24 ‘‘(1) IN GENERAL.—The rights and protections

25 established by sections 101 through 105 of the Family
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1 and Medical Leave Act of 1993 shall apply to covered

2 employees.

3 ‘‘(2) DEFINITIONS.—For purposes of the applica4 tion described in paragraph (1)—

5 ‘‘(A) the term ‘employer’ as used in the

6 Family and Medical Leave Act of 1993 means

7 any employing office; and

8 ‘‘(B) the term ‘eligible employee’ as used in

9 the Family and Medical Leave Act of 1993

10 means a covered employee who has been em11 ployed in any employing office for 12 months

12 and for at least 1,250 hours of employment dur13 ing the previous 12 months.

14 ‘‘(b) REMEDY.—The remedy for a violation of sub15 section (a) shall be such damages, including liquidated

16 damages, as would be appropriate if awarded under para17 graph (1) of section 107(a) of the Family and Medical

18 Leave Act of 1993.

19 ‘‘SEC. 413. RIGHTS AND PROTECTIONS UNDER THE FAIR

20 LABOR STANDARDS ACT OF 1938.

21 ‘‘(a) FAIR LABOR STANDARDS.—

22 ‘‘(1) IN GENERAL.—The rights and protections

23 established by subsections (a)(1) and (d) of section 6,

24 section 7, and section 12(c) of the Fair Labor Stand25 ards Act of 1938 shall apply to covered employees.
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1 ‘‘(2) INTERNS AND VOLUNTEERS.—For the pur2 poses of this section, the term ‘covered employee’ does

3 not include an intern or a volunteer as defined in

4 regulations under subsection (c).

5 ‘‘(3) COMPENSATORY TIME.—Except as provided

6 in regulations under subsection (c)(3), covered em7 ployees may not receive compensatory time in lieu of

8 overtime compensation.

9 ‘‘(b) REMEDY.—The remedy for a violation of sub10 section (a) shall be such damages, including liquidated

11 damages, as would be appropriate if awarded under section

12 16(b) of the Fair Labor Standards Act of 1938.

13 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

14 ‘‘(1) IN GENERAL.—The President shall issue

15 regulations to implement this section.

16 ‘‘(2) AGENCY REGULATIONS.—Except as pro17 vided in paragraph (3), the regulations issued under

18 paragraph (1) shall be the same as substantive regu19 lations promulgated by the Secretary of Labor to im20 plement the statutory provisions referred to in sub21 section (a) except insofar as the President may deter22 mine, for good cause shown and stated together with

23 the regulation, that a modification of such regulations

24 would be more effective for the implementation of the

25 rights and protections under this section.
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1 ‘‘(3) IRREGULAR WORK SCHEDULES.—The Presi2 dent shall issue regulations for covered employees

3 whose work schedules directly depend on the schedule

4 of the President or the Vice President that shall be

5 comparable to the provisions in the Fair Labor

6 Standards Act of 1938 that apply to employees who

7 have irregular work schedules.

8 ‘‘SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EM9 PLOYEE POLYGRAPH PROTECTION ACT OF

10 1988.

11 ‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em12 ploying office may require a covered employee to take a lie

13 detector test where such a test would be prohibited if re14 quired by an employer under paragraph (1), (2), or (3) of

15 section 3 of the Employee Polygraph Protection Act of 1988.

16 In addition, the waiver provisions of section 6(d) of such

17 Act shall apply to covered employees.

18 ‘‘(b) REMEDY.—The remedy for a violation of sub19 section (a) shall be such damages as would be appropriate

20 if awarded under section 6(c)(1) of the Employee Polygraph

21 Protection Act of 1988.

22 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

23 ‘‘(1) IN GENERAL.—The President shall issue

24 regulations to implement this section.
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1 ‘‘(2) AGENCY REGULATIONS.—The regulations is2 sued under paragraph (1) shall be the same as sub3 stantive regulations promulgated by the Secretary of

4 Labor to implement the statutory provisions referred

5 to in subsections (a) and (b) except insofar as the

6 President may determine, for good cause shown and

7 stated together with the regulation, that a modifica8 tion of such regulations would be more effective for

9 the implementation of the rights and protections

10 under this section.

11 ‘‘SEC. 415. RIGHTS AND PROTECTIONS UNDER THE WORKER

12 ADJUSTMENT AND RETRAINING NOTIFICA13 TION ACT.

14 ‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTIFI15 CATION RIGHTS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), no employing office shall be closed or mass

18 layoff ordered within the meaning of section 3 of the

19 Worker Adjustment and Retraining Notification Act

20 until the end of a 60-day period after the employing

21 office serves written notice of such prospective closing

22 or layoff to representatives of covered employees or, if

23 there are no representatives, to covered employees.

24 ‘‘(2) EXCEPTION.—
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1 ‘‘(A) IN GENERAL.—In the event that a

2 President (hereinafter in this paragraph referred

3 to as the ‘previous President’) does not succeed

4 himself in office as a result of the election of a

5 new President, no notice or waiting period shall

6 be required under paragraph (1) with respect to

7 the separation of any individual described in

8 subparagraph (B), if such separation occurs pur9 suant to a closure or mass layoff ordered after

10 the term of the new President commences.

11 ‘‘(B) DESCRIPTION OF INDIVIDUALS.—An

12 individual described in this subparagraph is any

13 covered employee serving pursuant to an ap14 pointment made during—

15 ‘‘(i) the term of office of the previous

16 President; or

17 ‘‘(ii) any term, earlier than the term

18 referred to in clause (i), during which such

19 previous President served as President or

20 Vice President.

21 ‘‘(b) REMEDY.—The remedy for a violation of sub22 section (a) shall be such damages as would be appropriate

23 if awarded under paragraphs (1), (2), and (4) of section

24 5(a) of the Worker Adjustment and Retraining Notification

25 Act.
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1 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

2 ‘‘(1) IN GENERAL.—The President shall issue

3 regulations to implement this section.

4 ‘‘(2) AGENCY REGULATIONS.—The regulations is5 sued under paragraph (1) shall be the same as sub6 stantive regulations promulgated by the Secretary of

7 Labor to implement the statutory provisions referred

8 to in subsection (a) except insofar as the President

9 may determine, for good cause shown and stated to10 gether with the regulation, that a modification of such

11 regulations would be more effective for the implemen12 tation of the rights and protections under this section.

13 ‘‘SEC. 416. RIGHTS AND PROTECTIONS RELATING TO VET14 ERANS’ EMPLOYMENT AND REEMPLOYMENT.

15 ‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF

16 MEMBERS OF THE UNIFORMED SERVICES.—

17 ‘‘(1) IN GENERAL.—It shall be unlawful for an

18 employing office to—

19 ‘‘(A) discriminate, within the meaning of

20 subsections (a) and (b) of section 4311 of title

21 38, against an eligible employee;

22 ‘‘(B) deny to an eligible employee reemploy23 ment rights within the meaning of sections 4312

24 and 4313 of title 38; or
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1 ‘‘(C) deny to an eligible employee benefits

2 within the meaning of sections 4316, 4317, and

3 4318 of title 38.

4 ‘‘(2) DEFINITION.—For purposes of this section,

5 the term ‘eligible employee’ means a covered employee

6 performing service in the uniformed services, within

7 the meaning of section 4303(13) of title 38, whose

8 service has not been terminated upon the occurrence

9 of any of the events enumerated in section 4304 of

10 such title.

11 ‘‘(b) REMEDY.—The remedy for a violation of sub12 section (a) shall be such damages as would be appropriate

13 if awarded under paragraphs (1) and (2)(A) of section

14 4323(c) of title 38.

15 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

16 ‘‘(1) IN GENERAL.—The President shall issue

17 regulations to implement this section.

18 ‘‘(2) AGENCY REGULATIONS.—The regulations is19 sued under paragraph (1) shall be the same as sub20 stantive regulations promulgated by the Secretary of

21 Labor to implement the statutory provisions referred

22 to in subsection (a) except to the extent that the Presi23 dent may determine, for good cause shown and stated

24 together with the regulation, that a modification of

25 such regulations would be more effective for the imple-
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1 mentation of the rights and protections under this

2 section.

3 ‘‘SEC. 417. PROHIBITION OF INTIMIDATION OR REPRISAL.

4 ‘‘(a) IN GENERAL.—It shall be unlawful for an em5 ploying office to intimidate, take reprisal against, or other6 wise discriminate against, any covered employee because

7 the covered employee has opposed any practice made unlaw8 ful by this chapter, or because the covered employee has ini9 tiated proceedings, made a charge, or testified, assisted, or

10 participated in any manner in a hearing or other proceed11 ing under this chapter.

12 ‘‘(b) REMEDY.—A violation of subsection (a) may be

13 remedied by any legal remedy available to redress the prac14 tice opposed by the covered employee or other violation of

15 law as to which the covered employee initiated proceedings,

16 made a charge, or engaged in other conduct protected under

17 subsection (a).

18 ‘‘(c) DEFINITIONS.—For purposes of applying this sec19 tion with respect to any practice or other matter to which

20 section 411 relates, the terms ‘employing office’ and ‘covered

21 employee’ shall each be considered to have the meaning

22 given to it by such section.
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1 ‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER

2 THE AMERICANS WITH DISABILITIES ACT OF 1990

3 ‘‘SEC. 420. RIGHTS AND PROTECTIONS UNDER THE AMERI4 CANS WITH DISABILITIES ACT OF 1990.

5 ‘‘(a) RIGHTS AND PROTECTIONS.—The rights and pro6 tections against discrimination in the provision of public

7 services and accommodations established by sections 201,

8 202, and 204, and sections 302, 303, and 309, of the Ameri9 cans with Disabilities Act of 1990 shall apply, to the extent

10 that public services, programs, or activities are provided,

11 with respect to the White House and its appurtenant

12 grounds and gardens, the Old Executive Office Building,

13 the New Executive Office Buildings, and any other facility

14 to the extent that offices are provided for employees of the

15 Executive Office of the President.

16 ‘‘(b) REMEDY.—The remedy for a violation of sub17 section (a) shall be such remedy as would be appropriate

18 if awarded under section 203 or 308 of the Americans with

19 Disabilities Act of 1990, as the case may be, except that,

20 with respect to any claim of employment discrimination,

21 the exclusive remedy shall be under section 411 of this title.

22 A remedy under the preceding sentence shall be enforced in

23 accordance with applicable provisions of such section 203

24 or 308, as the case may be.

25 ‘‘(c) DEFINITION.—For purposes of the application

26 under this section of the Americans with Disabilities Act
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1 of 1990, the term ‘public entity’ as used in such Act, means,

2 to the extent that public services, programs, or activities

3 are provided, the White House and its appurtenant grounds

4 and gardens, the Old Executive Office Building, the New

5 Executive Office Buildings, and any other facility to the

6 extent that offices are provided for employees of the Execu7 tive Office of the President.

8 ‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH

9 ACT OF 1970

10 ‘‘SEC. 425. RIGHTS AND PROTECTIONS UNDER THE OCCUPA11 TIONAL SAFETY AND HEALTH ACT OF 1970;

12 PROCEDURES FOR REMEDY OF VIOLATIONS.

13 ‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC14 TIONS.—

15 ‘‘(1) IN GENERAL.—Each employing office and

16 each covered employee shall comply with the provi17 sions of section 5 of the Occupational Safety and

18 Health Act of 1970.

19 ‘‘(2) DEFINITIONS.—For purposes of the applica20 tion under this section of the Occupational Safety

21 and Health Act of 1970—

22 ‘‘(A) the term ‘employer’ as used in such

23 Act means an employing office; and

24 ‘‘(B) the term ‘employee’ as used in such

25 Act means a covered employee.
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1 ‘‘(b) REMEDY.—The remedy for a violation of sub2 section (a) shall be an order to correct the violation, includ3 ing such order as would be appropriate if issued under sec4 tion 13(a) of the Occupational Safety and Health Act of

5 1970.

6 ‘‘(c) PROCEDURES.—

7 ‘‘(1) REQUESTS FOR INSPECTIONS.—Upon writ8 ten request of any employing office or covered em9 ployee, the Secretary of Labor shall have the authority

10 to inspect and investigate places of employment under

11 the jurisdiction of employing offices in accordance

12 with subsections (a), (d), (e), and (f) of section 8 of

13 the Occupational Safety and Health Act of 1970.

14 ‘‘(2) CITATIONS, NOTICES, AND NOTIFICATIONS.—

15 The Secretary of Labor shall have the authority, in

16 accordance with sections 9 and 10 of the Occupa17 tional Safety and Health Act of 1970, to issue—

18 ‘‘(A) a citation or notice to any employing

19 office responsible for correcting a violation of

20 subsection (a); or

21 ‘‘(B) a notification to any employing office

22 that the Secretary of Labor believes has failed to

23 correct a violation for which a citation has been

24 issued within the period permitted for its correc25 tion.
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1 ‘‘(3) HEARINGS AND REVIEW.—If after issuing a

2 citation or notification, the Secretary of Labor deter3 mines that a violation has not been corrected—

4 ‘‘(A) the citation and notification shall be

5 deemed a final order (within the meaning of sec6 tion 10(b) of the Occupational Safety and

7 Health Act of 1970) if the employer fails to no8 tify the Secretary of Labor within 15 days (ex9 cluding Saturdays, Sundays, and Federal holi10 days) after receipt of the notice that he intends

11 to contest the citation or notification; or

12 ‘‘(B) opportunity for a hearing before the

13 Occupational Safety and Health Review Com14 mission shall be afforded in accordance with sec15 tion 10(c) of the Occupational Safety and Health

16 Act of 1970, if the employer gives timely notice

17 to the Secretary that he intends to contest the ci18 tation or notification.

19 ‘‘(4) VARIANCE PROCEDURES.—An employing of20 fice may request from the Secretary of Labor an order

21 granting a variance from a standard made applicable

22 by this section, in accordance with sections 6(b)(6)

23 and 6(d) of the Occupational Safety and Health Act

24 of 1970.
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1 ‘‘(5) JUDICIAL REVIEW.—Any person or employ2 ing office aggrieved by a final decision of the Occupa3 tional Safety and Health Review Commission under

4 paragraph (3) or the Secretary of Labor under para5 graph (4) may file a petition for review with the

6 United States Court of Appeals for the Federal Cir7 cuit pursuant to section 455.

8 ‘‘(6) COMPLIANCE DATE.—If new appropriated

9 funds are necessary to correct a violation of sub10 section (a) for which a citation is issued, or to comply

11 with an order requiring correction of such a violation,

12 correction or compliance shall take place as soon as

13 possible, but not later than the end of the fiscal year

14 following the fiscal year in which the citation is is15 sued or the order requiring correction becomes final

16 and not subject to further review.

17 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—

18 ‘‘(1) IN GENERAL.—The President shall issue

19 regulations to implement this section.

20 ‘‘(2) AGENCY REGULATIONS.—The regulations is21 sued under paragraph (1) shall be the same as sub22 stantive regulations promulgated by the Secretary of

23 Labor to implement the statutory provisions referred

24 to in subsection (a) except to the extent that the Presi25 dent may determine, for good cause shown and stated
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1 together with the regulation, that a modification of

2 such regulations would be more effective for the imple3 mentation of the rights and protections under this

4 section.

5 ‘‘(3) EMPLOYING OFFICE RESPONSIBLE FOR COR6 RECTION.—The regulations issued under paragraph

7 (1) shall include a method of identifying, for purposes

8 of this section and for different categories of violations

9 of subsection (a), the employing office responsible for

10 correction of a particular violation.

11 ‘‘PART D—LABOR-MANAGEMENT RELATIONS

12 ‘‘SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RELAT13 ING TO FEDERAL SERVICE LABOR-MANAGE14 MENT RELATIONS; PROCEDURES FOR REM15 EDY OF VIOLATIONS.

16 ‘‘(a) LABOR-MANAGEMENT RIGHTS.—Chapter 71 of

17 title 5 shall apply to employing offices and to covered em18 ployees and representatives of those employees, except that

19 covered employees shall not have a right to reinstatement

20 pursuant to section 7118(a)(7)(C) or 7123 of title 5.

21 ‘‘(b) DEFINITION.—For purposes of the application

22 under this section of chapter 71 of title 5, the term ‘agency’

23 as used in such chapter means an employing office.
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1 ‘‘PART E—GENERAL

2 ‘‘SEC. 435. GENERALLY APPLICABLE REMEDIES AND LIMITA3 TIONS.

4 ‘‘(a) ATTORNEY’S FEES.—If a covered employee, with

5 respect to any claim under this chapter, or a qualified per6 son with a disability, with respect to any claim under sec7 tion 420, is a prevailing party in any proceeding under

8 section 453(1), 455, or 456, the administrative agency or

9 court, as the case may be, may award attorney’s fees, expert

10 fees, and any other costs as would be appropriate if award11 ed under section 706(k) of the Civil Rights Act of 1964.

12 ‘‘(b) INTEREST.—In any proceeding under section

13 453(1), 455, or 456, the same interest to compensate for

14 delay in payment shall be made available as would be ap15 propriate if awarded under section 717(d) of the Civil

16 Rights Act of 1964.

17 ‘‘(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—Ex18 cept as otherwise provided in this chapter, no civil penalty

19 or punitive damages may be awarded with respect to any

20 claim under this chapter.

21 ‘‘(d) EXCLUSIVE PROCEDURE.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), no person may commence an administra24 tive or judicial proceeding to seek a remedy for the

25 rights and protections afforded by this chapter except

26 as provided in this chapter.
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1 ‘‘(2) VETERANS.—A covered employee under sec2 tion 416 may also utilize any provisions of chapter

3 43 of title 38 that are applicable to that employee.

4 ‘‘(e) SCOPE OF REMEDY.—Only a covered employee

5 who has undertaken and completed the procedures described

6 in section 452 may be granted a remedy under part A of

7 this subchapter.

8 ‘‘(f) CONSTRUCTION.—

9 ‘‘(1) DEFINITIONS AND EXEMPTIONS.—Except

10 where inconsistent with definitions and exemptions

11 provided in this chapter, the definitions and exemp12 tions in the laws made applicable by this chapter

13 shall apply under this chapter.

14 ‘‘(2) SIZE LIMITATIONS.—Notwithstanding para15 graph (1), provisions in the laws made applicable

16 under this chapter (other than paragraphs (2) and

17 (3) of section 2(a) of the Worker Adjustment and Re18 training Notification Act) determining coverage based

19 on size, whether expressed in terms of numbers of em20 ployees, amount of business transacted, or other meas21 ure, shall not apply in determining coverage under

22 this chapter.

23 ‘‘(g) DEFINITIONS RELATING TO SECTION 411.—For

24 purposes of applying this section with respect to any prac25 tice or other matter to which section 411 relates, the terms
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1 ‘employing office’ and ‘covered employee’ shall each be con2 sidered to have the meaning given to it by such section.

3 ‘‘Subchapter III—Administrative and Judicial

4 Dispute-Resolution Procedures

5 ‘‘SEC. 451. PROCEDURE FOR CONSIDERATION OF ALLEGED

6 VIOLATIONS.

7 ‘‘The procedure for consideration of alleged violations

8 of part A of subchapter II consists of—

9 ‘‘(1) counseling and mediation as provided in

10 section 452; and

11 ‘‘(2) election, as provided in section 453, of ei12 ther—

13 ‘‘(A) an administrative proceeding as pro14 vided in section 453(1) and judicial review as

15 provided in section 455; or

16 ‘‘(B) a civil action in a district court of the

17 United States as provided in section 456.

18 ‘‘SEC. 452. COUNSELING AND MEDIATION.

19 ‘‘(a) IN GENERAL.—The President shall by regulation

20 establish procedures substantially similar to those under

21 sections 402 and 403 of the Congressional Accountability

22 Act of 1995 for the counseling and mediation of alleged vio23 lations of a law made applicable under part A of subchapter

24 II.
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1 ‘‘(b) EXHAUSTION REQUIREMENT.—A covered em2 ployee who has not exhausted counseling and mediation

3 under subsection (a) shall be ineligible to make any election

4 under section 453 or otherwise pursue any further form of

5 relief under this subchapter.

6 ‘‘SEC. 453. ELECTION OF PROCEEDING.

7 ‘‘Not later than 90 days after a covered employee re8 ceives notice of the end of the period of mediation, but no

9 sooner than 30 days after receipt of such notification, such

10 covered employee may either—

11 ‘‘(1) file a complaint with the appropriate ad12 ministrative agency, as determined under section 454;

13 or

14 ‘‘(2) file a civil action in accordance with section

15 456 in the United States district court for the district

16 in which the employee is employed or for the District

17 of Columbia.

18 ‘‘SEC. 454. APPROPRIATE AGENCIES.

19 ‘‘(a) IN GENERAL.—Except as provided in subsection

20 (b), the appropriate agency under this section with respect

21 to an alleged violation of part A of subchapter II shall be

22 the Board.

23 ‘‘(b) EXCEPTIONS.—

24 ‘‘(1) DISCRIMINATION.—For purposes of any ac25 tion arising under section 411 (or any action alleging
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1 intimidation, reprisal, or discrimination under sec2 tion 417 relating to any practice made unlawful

3 under section 411), the appropriate agency shall be

4 the Equal Employment Opportunity Commission,

5 and the complaint in any such action shall be proc6 essed under the same administrative procedures as

7 any such complaint filed by any other Federal em8 ployee.

9 ‘‘(2) MIXED CASES.—However, in the case of any

10 covered employee (within the meaning of section

11 411(c)(1)) who has been affected by an action which

12 an employee of an executive agency may appeal to the

13 Board and who alleges that a basis for the action was

14 discrimination prohibited by section 411 (or any ac15 tion alleging intimidation, reprisal, or discrimina16 tion under section 417 relating to any practice made

17 unlawful under section 411), the initial appropriate

18 agency shall be the Board, and such matter shall

19 thereafter be processed in accordance with section

20 7702 (a)–(d) (disregarding paragraph (2) of such

21 subsection (a)) and (f) of title 5.

22 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any

23 other provision of law (including any provision of

24 law referenced in paragraph (1) or (2)), judicial re-
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1 view of any administrative decision under this sub2 section shall be by the court specified in section 455.

3 ‘‘SEC. 455. JUDICIAL REVIEW.

4 ‘‘(a) IN GENERAL.—The United States Court of Ap5 peals for the Federal Circuit shall have jurisdiction over

6 a petition for review of a final decision under this chapter

7 of—

8 ‘‘(1) an appropriate agency (as determined

9 under section 454);

10 ‘‘(2) the Federal Labor Relations Authority

11 under chapter 71 of title 5, notwithstanding section

12 7123 of such title; or

13 ‘‘(3) the Secretary of Labor or the Occupational

14 Safety and Health Review Commission, made under

15 part C of subchapter II.

16 ‘‘(b) FILING DEADLINE.—Any petition for review

17 under this section must be filed within 30 days after the

18 date the petitioner receives notice of the final decision.

19 ‘‘SEC. 456. CIVIL ACTION.

20 ‘‘(a) JURISDICTION.—The district courts of the United

21 States shall have jurisdiction over any civil action com22 menced under section 453(2) and this section by a covered

23 employee.
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1 ‘‘(b) PARTIES.—The defendant shall be the employing

2 office alleged to have committed the violation, or in which

3 the violation is alleged to have occurred.

4 ‘‘(c) JURY TRIAL.—Any party may demand a jury

5 trial where a jury trial would be available in an action

6 against a private defendant under the relevant law made

7 applicable by this chapter. In any case in which a violation

8 of section 411 is alleged, the court shall not inform the jury

9 of the maximum amount of compensatory damages avail10 able under section 411(b)(1) or 411(b)(3).

11 ‘‘SEC. 457. JUDICIAL REVIEW OF REGULATIONS.

12 ‘‘In any proceeding brought under section 455 or 456

13 in which the application of a regulation issued under this

14 chapter is at issue, the court may review the validity of

15 the regulation in accordance with the provisions of subpara16 graphs (A) through (D) of section 706(2) of title 5. If the

17 court determines that the regulation is invalid, the court

18 shall apply, to the extent necessary and appropriate, the

19 most relevant substantive executive agency regulation pro20 mulgated to implement the statutory provisions with re21 spect to which the invalid regulation was issued. Except

22 as provided in this section, the validity of regulations issued

23 under this chapter is not subject to judicial review.
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1 ‘‘SEC. 458. OTHER JUDICIAL REVIEW PROHIBITED.

2 ‘‘Except as expressly authorized by this chapter, the

3 compliance or noncompliance with the provisions of this

4 chapter and any action taken pursuant to this chapter shall

5 not be subject to judicial review.

6 ‘‘SEC. 459. EFFECT OF FAILURE TO ISSUE REGULATIONS.

7 ‘‘In any proceeding under section 453(1), 455, or 456,

8 if the President has not issued a regulation on a matter

9 for which this chapter requires a regulation to be issued,

10 the administrative agency or court, as the case may be, shall

11 apply, to the extent necessary and appropriate, the most

12 relevant substantive executive agency regulation promul13 gated to implement the statutory provision at issue in the

14 proceeding.

15 ‘‘SEC. 460. EXPEDITED REVIEW OF CERTAIN APPEALS.

16 ‘‘(a) IN GENERAL.—An appeal may be taken directly

17 to the Supreme Court of the United States from any inter18 locutory or final judgment, decree, or order of a court upon

19 the constitutionality of any provision of this chapter.

20 ‘‘(b) JURISDICTION.—The Supreme Court shall, if it

21 has not previously ruled on the question, accept jurisdiction

22 over the appeal referred to in subsection (a), advance the

23 appeal on the docket, and expedite the appeal to the greatest

24 extent possible.
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1 ‘‘SEC. 461. PAYMENTS.

2 ‘‘A judgment, award, or compromise settlement

3 against the United States under this chapter (including any

4 interest and costs) shall be paid—

5 ‘‘(1) under section 1304 of title 31, if it arises

6 out of an action commenced in a district court of the

7 United States (or any appeal therefrom); or

8 ‘‘(2) out of amounts otherwise appropriated or

9 available to such office, if it arises out of an adminis10 trative proceeding under this chapter (or any appeal

11 therefrom).

12 ‘‘SEC. 462. CONFIDENTIALITY.

13 ‘‘(a) COUNSELING.—All counseling under section 452

14 shall be strictly confidential, except that, with the consent

15 of the covered employee, the employing office may be noti16 fied.

17 ‘‘(b) MEDIATION.—All mediation under section 452

18 shall be strictly confidential.

19 ‘‘SEC. 463. DEFINITIONS.

20 ‘‘For purposes of applying this subchapter, the terms

21 ‘employing office’ and ‘covered employee’ shall each, to the

22 extent that section 411 is involved, be considered to have

23 the meaning given to it by such section.
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1 ‘‘Subchapter IV—Effective Date

2 ‘‘SEC. 471. EFFECTIVE DATE.

3 ‘‘This chapter shall take effect 1 year after the date

4 of the enactment of the Presidential and Executive Office

5 Accountability Act.’’.

6 (b) REGULATIONS.—Appropriate measures shall be

7 taken to ensure that any regulations needed to implement

8 chapter 5 of title 3, United States Code, as amended by

9 this section, shall be in effect by the effective date of such

10 chapter.

11 (c) TECHNICAL AMENDMENT.—The table of chapters

12 for title 3, United States Code, is amended by adding at

13 the end the following:

‘‘5. Extension of Certain Rights and Protections to Presidential Offices ............................................................. 401’’.

14 SEC. 3. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OF15 FICE OF THE PRESIDENT.

16 (a) CHIEF FINANCIAL OFFICER.—Section 901 of title

17 31, United States Code, is amended by adding at the end

18 the following:

19 ‘‘(c)(1) There shall be within the Executive Office of

20 the President a Chief Financial Officer, who shall be ap21 pointed by the President from among individuals meeting

22 the standards described in subsection (a)(3).

23 ‘‘(2) The Chief Financial Officer under this subsection

24 shall have the same authority and shall perform the same
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1 functions as apply in the case of a Chief Financial Officer

2 under section 902.

3 ‘‘(3) The Director of the Office of Management and

4 Budget shall prescribe any regulations which may be nec5 essary to ensure that, for purposes of implementing para6 graph (2), the Executive Office of the President shall, to

7 the extent practicable and appropriate, be treated (includ8 ing for purposes of financial statements under section 3515)

9 in the same way as an agency described in subsection (b).’’.

10 (b) DEPUTY CHIEF FINANCIAL OFFICER.—Section 903

11 of title 31, United States Code, is amended by adding at

12 the end the following:

13 ‘‘(c)(1) There shall be within the Executive Office of

14 the President a Deputy Chief Financial Officer, who, not15 withstanding any provision of subsection (b), shall be ap16 pointed by the President from among individuals meeting

17 the standards described in section 901(a)(3).

18 ‘‘(2) The Deputy Chief Financial Officer under this

19 subsection shall have the same authority and shall perform

20 the same functions as apply in the case of the Deputy Chief

21 Financial Officer of an agency described in subsection (b).’’.

22 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

23 (1) TITLE 31, UNITED STATES CODE.—Section

24 503(a) of title 31, United States Code, is amended—
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1 (A) in paragraph (7) by striking ‘‘respec2 tively.’’ and inserting ‘‘respectively (excluding

3 any officer appointed under section 901(c) or

4 903(c)).’’; and

5 (B) in paragraph (8) by striking ‘‘Officers.’’

6 and inserting ‘‘Officers (excluding any officer

7 appointed under section 901(c) or 903(c)).’’.

8 (2) DESIGNATION OF AGENCY HEAD.—The Presi9 dent shall designate an employee of the Executive Of10 fice of the President (other than the Chief Financial

11 Officer or Deputy Chief Financial Officer appointed

12 under the amendments made by subsections (a) and

13 (b), respectively), who shall be deemed ‘‘the head of

14 the agency’’ for purposes of carrying out section 902

15 of title 31, United States Code, with respect to the Ex16 ecutive Office of the President.

17 SEC. 4. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOVERN18 MENT EMPLOYEE’’.

19 (a) AMENDMENT TO SECTION 202(a).—Subsection (a)

20 of section 202 of title 18, United States Code, is amended

21 to read as follows:

22 ‘‘(a) For the purpose of sections 203, 205, 207, 208,

23 and 209 of this title the term ‘special Government employee’

24 shall mean—
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1 ‘‘(1) an officer or employee as defined in sub2 section (c) who is retained, designated, appointed, or

3 employed in the legislative or executive branch of the

4 United States Government, in any independent agen5 cy of the United States, or in the government of the

6 District of Columbia, and who, at the time of reten7 tion, designation, appointment or employment, is ex8 pected to perform temporary duties on a full-time or

9 intermittent basis for not to exceed one hundred and

10 thirty days during any period of three hundred and

11 sixty five consecutive days;

12 ‘‘(2) a part-time United States commissioner;

13 ‘‘(3) a part-time United States magistrate;

14 ‘‘(4) an independent counsel appointed under

15 chapter 40 of title 28 and any person appointed by

16 that independent counsel under section 594(c) of title

17 28;

18 ‘‘(5) a person serving as a part-time local rep19 resentative of a Member of Congress in the Member’s

20 home district or State; and

21 ‘‘(6) a Reserve officer of the Armed Forces, or an

22 officer of the National Guard of the United States,

23 who is not otherwise an officer or employee as defined

24 in subsection (c) who is—
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1 ‘‘(A) on active duty solely for training (not2 withstanding section 2105(d) of title 5);

3 ‘‘(B) serving voluntarily for not to exceed

4 one hundred and thirty days during any period

5 of three hundred and sixty five consecutive days;

6 or

7 ‘‘(C) serving involuntarily.’’.

8 (b) AMENDMENT TO SECTION 202(c).—Subsection (c)

9 of 202 of title 18, United States Code, is amended to read

10 as follows:

11 ‘‘(c) The terms ‘officer’ and ‘employee’ in sections 203,

12 205, 207 through 209, and 218 of this title shall include—

13 ‘‘(1) an individual who is retained, designated,

14 appointed or employed in the United States Govern15 ment or in the government of the District of Colum16 bia, to perform, with or without compensation and

17 subject to the supervision of the President, the Vice

18 President, a Member of Congress, a Federal judge or

19 an officer or employee of the United States or of the

20 government of the District of Columbia, a Federal or

21 District of Columbia function under authority of law

22 or an Executive act. As used in this section, a Federal

23 or District of Columbia function shall include, but

24 not be limited to—
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1 ‘‘(A) supervising, managing, directing or

2 overseeing a Federal or District of Columbia offi3 cer or employee in the performance of such offi4 cer’s or employee’s official duties;

5 ‘‘(B) providing regular advice, counsel, or

6 recommendations to the President, the Vice

7 President, a Member of Congress, or any Federal

8 or District of Columbia officer or employee, or

9 conducting meetings involving any of those indi10 viduals, as part of the Federal or District of Co11 lumbia government’s internal deliberative proc12 ess; or

13 ‘‘(C) obligating funds of the United States

14 or the District of Columbia;

15 ‘‘(2) a Reserve officer or officer of the National

16 Guard of the United States who is voluntarily serving

17 a period of extended active duty in excess of 130 days;

18 and

19 ‘‘(3) the President, the Vice President, a Member

20 of Congress or a Federal judge only if specified in the

21 section.’’.

22 (c) NEW SECTION 202(f).—Section 202 of title 18,

23 United States Code, is amended by adding at the end the

24 following:
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1 ‘‘(f) The terms ‘officer or employee’ and ‘special Gov2 ernment employee’ as used in sections 203, 205, 207 through

3 209, and 218, shall not include enlisted members of the

4 Armed Forces, nor shall they include an individual who

5 is retained, designated or appointed without compensation

6 specifically to act as a representative of a non-Federal (or

7 non-District of Columbia) interest on an advisory commit8 tee established pursuant to the Federal Advisory Committee

9 Act or any similarly established committee whose meetings

10 are generally open to the public. The non-Federal interest

11 to be represented must be specifically set forth in the statute,

12 charter, or Executive act establishing the committee.’’.

13 SEC. 5. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

14 Each Federal law governing employment in the pri15 vate sector, enacted later than 12 months after the date of

16 the enactment of this Act, shall be deemed to apply with

17 respect to ‘‘employing offices’’ and ‘‘covered employees’’

18 (within the meaning of section 401 of title 3, United States

19 Code, as amended by this Act), unless such law specifically

20 provides otherwise and expressly cites this section.

21 SEC. 6. REPEAL OF SECTION 320 OF THE GOVERNMENT EM22 PLOYEE RIGHTS ACT OF 1991.

23 (a) IN GENERAL.—Section 320 of the Government Em24 ployee Rights Act of 1991 is repealed.
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1 (b) EFFECTIVE DATE.—This section shall take effect

2 1 year after the date of the enactment of this Act.

3 (c) SAVINGS PROVISION.—The repeal under this sec4 tion shall not affect proceedings in which the complaint was

5 filed before the effective date of this section, and orders shall

6 be issued in such proceedings and appeals shall be taken

7 therefrom as if this section had not been enacted.

8 SEC. 7. POLITICAL AFFILIATION.

9 It shall not be a violation of any provision of section

10 411 of title 3, United States Code, as amended by this Act,

11 to consider the party affiliation, or political compatibility

12 with the employing office, of an employee who is a ‘‘covered

13 employee’’ for purposes of such section 411 with respect to

14 employment decisions.

15 SEC. 8. ESTABLISHMENT OF INSPECTOR GENERAL FOR EX16 ECUTIVE OFFICE OF THE PRESIDENT.

17 (a) ESTABLISHMENT OF OFFICE.—Section 11 of the

18 Inspector General Act of 1978 (5 U.S.C. App.) is amend19 ed—

20 (1) in paragraph (1) by inserting ‘‘the President

21 (with respect only to the Executive Office of the Presi22 dent),’’ after ‘‘means’’; and

23 (2) in paragraph (2) by inserting ‘‘the Executive

24 Office of the President,’’ after ‘‘means’’.
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1 (b) APPOINTMENT OF INSPECTOR GENERAL.—Not

2 later than 120 days after the effective date of this section,

3 the President shall nominate an individual as the Inspector

4 General of the Executive Office of the President pursuant

5 to the amendments made by subsection (a).

6 (c) SPECIAL PROVISIONS CONCERNING INSPECTOR

7 GENERAL OF THE EXECUTIVE OFFICE OF THE PRESI8 DENT.—The Inspector General Act of 1978 (5 U.S.C. App.)

9 is amended—

10 (1) by redesignating the second section 8G (re11 garding a rule of construction) as section 8I; and

12 (2) by inserting after the first section 8G (re13 garding requirements for Federal entities and des14 ignated Federal entities) the following:

15 ‘‘SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR

16 GENERAL OF THE EXECUTIVE OFFICE OF THE

17 PRESIDENT.

18 ‘‘(a) AUTHORITY, DIRECTION, AND CONTROL OF

19 PRESIDENT.—Notwithstanding the last 2 sentences of sec20 tion 3(a), the Inspector General of the Executive Office of

21 the President shall be under the authority, direction, and

22 control of the President with respect to audits or investiga23 tions, or the issuance of subpoenas, which require access to

24 information concerning—
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1 ‘‘(1) ongoing criminal investigations or proceed2 ings;

3 ‘‘(2) undercover operations;

4 ‘‘(3) the identity of confidential sources, includ5 ing protected witnesses;

6 ‘‘(4) deliberations and decisions on policy mat7 ters, including documented information used as a

8 basis for making policy decisions;

9 ‘‘(5) intelligence or counterintelligence matters;

10 or

11 ‘‘(6) other matters the disclosure of which would

12 constitute a serious threat to the national security, or

13 would cause significant impairment to the national

14 interests (including interests in foreign trade negotia15 tions), of the United States.

16 ‘‘(b) PROHIBITING ACTIVITIES OF INSPECTOR GEN17 ERAL.—With respect to information described in subsection

18 (a), the President may prohibit the Inspector General of the

19 Executive Office of the President from carrying out or com20 pleting any audit or investigation, or issuing any sub21 poena, after the Inspector General has decided to initiate,

22 carry out, or complete such audit or investigation or to

23 issue such subpoena, if the President determines that—
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1 ‘‘(1) the disclosure of that information would

2 interfere with the core functions of the constitutional

3 responsibilities of the President; and

4 ‘‘(2) the prohibition is necessary to prevent the

5 disclosure of that information.

6 ‘‘(c) NOTICE.—

7 ‘‘(1) NOTICE TO INSPECTOR GENERAL.—If the

8 President makes a determination referred to in sub9 section (b) (1) or (2), the President shall within 30

10 days notify the Inspector General in writing stating

11 the reasons for that determination.

12 ‘‘(2) NOTICE TO CONGRESS.—Within 30 days

13 after receiving a notice under paragraph (1), the In14 spector General shall transmit a copy of the notice to

15 each of the Chairman and the ranking minority

16 party member of the Committee on Government Re17 form and Oversight of the House of Representatives,

18 the Committee on Governmental Affairs of the Senate,

19 and other appropriate committees or subcommittees of

20 the Congress.

21 ‘‘(d) SEMIANNUAL REPORTS.—

22 ‘‘(1) INFORMATION TO BE INCLUDED.—The In23 spector General of the Executive Office of the Presi24 dent shall include in each semiannual report to the

25 President under section 5, at a minimum—
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1 ‘‘(A) a list of the title or subject of each in2 spection, investigation, or audit conducted dur3 ing the reporting period;

4 ‘‘(B) a statement of whether corrective ac5 tion has been completed on each significant rec6 ommendation described in previous semiannual

7 reports, and, in a case where corrective action

8 has been completed, a description of such correc9 tive action;

10 ‘‘(C) a certification that the Inspector Gen11 eral has had full and direct access to all infor12 mation relevant to the performance of functions

13 of the Inspector General;

14 ‘‘(D) a description of all cases occurring

15 during the reporting period in which the Inspec16 tor General could not obtain documentary evi17 dence relevant to any inspection, audit, or inves18 tigation due to a determination of the President

19 under subsection (b); and

20 ‘‘(E) such recommendations as the Inspector

21 General considers appropriate concerning legis22 lation to promote economy and efficiency in the

23 administration of programs and operations un24 dertaken by the Executive Office of the President,
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1 and to detect and eliminate fraud, waste, and

2 abuse in such programs and operations.

3 ‘‘(2) TRANSMISSION TO CONGRESS.—Within 30

4 days after receiving a semiannual report under sec5 tion 5 from the Inspector General of the Executive Of6 fice of the President, the President shall transmit the

7 report to each of the Chairman and the ranking mi8 nority party member of the Committee on Govern9 ment Reform and Oversight of the House of Rep10 resentatives and the Committee on Governmental Af11 fairs of the Senate with any comments the President

12 considers appropriate.’’.

13 (d) EFFECTIVE DATE.—This section shall take effect

14 on January 21, 1997.

Æ