‘‘SEC. 458. OTHER JUDICIAL REVIEW PROHIBITED.
‘‘Except as expressly authorized by this chapter, the
compliance or noncompliance with the provisions of this
chapter and any action taken pursuant to this chapter shall
not be subject to judicial review.
‘‘SEC. 459. EFFECT OF FAILURE TO ISSUE REGULATIONS.
‘‘In any proceeding under section 453(1), 455, or 456,
if the President has not issued a regulation on a matter
for which this chapter requires a regulation to be issued,
the administrative agency or court, as the case may be, shall
apply, to the extent necessary and appropriate, the most
relevant substantive executive agency regulation promul-
gated to implement the statutory provision at issue in the
proceeding.
‘‘SEC. 460. EXPEDITED REVIEW OF CERTAIN APPEALS.
‘‘(a) IN GENERAL.—An appeal may be taken directly
to the Supreme Court of the United States from any inter-
locutory or final judgment, decree, or order of a court upon
the constitutionality of any provision of this chapter.
‘‘(b) JURISDICTION.—The Supreme Court shall, if it
has not previously ruled on the question, accept jurisdiction
over the appeal referred to in subsection (a), advance the
appeal on the docket, and expedite the appeal to the greatest
extent possible.
‘‘SEC. 461. PAYMENTS.
‘‘A judgment, award, or compromise settlement
against the United States under this chapter (including any
interest and costs) shall be paid—
‘‘(1) under section 1304 of title 31, if it arises
out of an action commenced in a district court of the
United States (or any appeal therefrom); or
‘‘(2) out of amounts otherwise appropriated or
available to such office, if it arises out of an adminis-
trative proceeding under this chapter (or any appeal
therefrom).
‘‘SEC. 462. CONFIDENTIALITY.
‘‘(a) COUNSELING.—All counseling under section 452
shall be strictly confidential, except that, with the consent
of the covered employee, the employing office may be noti-
fied.
‘‘(b) MEDIATION.—All mediation under section 452
shall be strictly confidential.
‘‘SEC. 463. DEFINITIONS.
‘‘For purposes of applying this subchapter, the terms
‘employing office’ and ‘covered employee’ shall each, to the
extent that section 411 is involved, be considered to have
the meaning given to it by such section.
‘‘Subchapter IV—Effective Date
‘‘SEC. 471. EFFECTIVE DATE.
‘‘This chapter shall take effect 1 year after the date
of the enactment of the Presidential and Executive Office
Accountability Act.’’.
(b) REGULATIONS.—Appropriate measures shall be
taken to ensure that any regulations needed to implement
chapter 5 of title 3, United States Code, as amended by
this section, shall be in effect by the effective date of such
chapter.
(c) TECHNICAL AMENDMENT.—The table of chapters
for title 3, United States Code, is amended by adding at
the end the following:
‘‘5. Extension of Certain Rights and Protections to Presi-
dential Offices .............................................................
401’’.
SEC. 3. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OF-
FICE 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 ap-
pointed 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 nec-
essary to ensure that, for purposes of implementing para-
graph (2), the Executive Office of the President shall, to
the extent practicable and appropriate, be treated (includ-
ing 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, not-
withstanding any provision of subsection (b), shall be ap-
pointed 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 ‘‘respec-
tively.’’ 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 Presi-
dent shall designate an employee of the Executive Of-
fice 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 Ex-
ecutive Office of the President.
SEC. 4. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOVERN-
MENT 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 sub-
section (c) who is retained, designated, appointed, or
employed in the legislative or executive branch of the
United States Government, in any independent agen-
cy of the United States, or in the government of the
District of Columbia, and who, at the time of reten-
tion, designation, appointment or employment, is ex-
pected 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 rep-
resentative 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 (not-
withstanding 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 Govern-
ment or in the government of the District of Colum-
bia, 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—
‘‘(f) The terms ‘officer or employee’ and ‘special Gov-
ernment 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 commit-
tee 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. 5. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.
Each Federal law governing employment in the pri-
vate sector, enacted later than 12 months after the date of
the enactment of this Act, shall be deemed to apply with
respect to ‘‘employing offices’’ and ‘‘covered employees’’
(within the meaning of section 401 of title 3, United States
Code, as amended by this Act), unless such law specifically
provides otherwise and expressly cites this section.
SEC. 6. REPEAL OF SECTION 320 OF THE GOVERNMENT EM-
PLOYEE RIGHTS ACT OF 1991.
(a) IN GENERAL.—Section 320 of the Government Em-
ployee 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 sec-
tion 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. 7. 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. 8. ESTABLISHMENT OF INSPECTOR GENERAL FOR EX-
ECUTIVE OFFICE OF THE PRESIDENT.
(a) ESTABLISHMENT OF OFFICE.—Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘the President
(with respect only to the Executive Office of the Presi-
dent),’’ 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 PRESI-
DENT.—The Inspector General Act of 1978 (5 U.S.C. App.)
is amended—
(1) by redesignating the second section 8G (re-
garding a rule of construction) as section 8I; and
(2) by inserting after the first section 8G (re-
garding requirements for Federal entities and des-
ignated 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 sec-
tion 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 investiga-
tions, or the issuance of subpoenas, which require access to
information concerning—
‘‘(1) ongoing criminal investigations or proceed-
ings;
‘‘(2) undercover operations;
‘‘(3) the identity of confidential sources, includ-
ing protected witnesses;
‘‘(4) deliberations and decisions on policy mat-
ters, 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 negotia-
tions), of the United States.
‘‘(b) PROHIBITING ACTIVITIES OF INSPECTOR GEN-
ERAL.—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 com-
pleting any audit or investigation, or issuing any sub-
poena, 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 sub-
section (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 In-
spector General shall transmit a copy of the notice to
each of the Chairman and the ranking minority
party member of the Committee on Government Re-
form 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 In-
spector General of the Executive Office of the Presi-
dent 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 in-
spection, investigation, or audit conducted dur-
ing the reporting period;
‘‘(B) a statement of whether corrective ac-
tion has been completed on each significant rec-
ommendation described in previous semiannual
reports, and, in a case where corrective action
has been completed, a description of such correc-
tive action;
‘‘(C) a certification that the Inspector Gen-
eral has had full and direct access to all infor-
mation relevant to the performance of functions
of the Inspector General;
‘‘(D) a description of all cases occurring
during the reporting period in which the Inspec-
tor General could not obtain documentary evi-
dence relevant to any inspection, audit, or inves-
tigation due to a determination of the President
under subsection (b); and
‘‘(E) such recommendations as the Inspector
General considers appropriate concerning legis-
lation to promote economy and efficiency in the
administration of programs and operations un-
dertaken 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 sec-
tion 5 from the Inspector General of the Executive Of-
fice of the President, the President shall transmit the
report to each of the Chairman and the ranking mi-
nority party member of the Committee on Govern-
ment Reform and Oversight of the House of Rep-
resentatives and the Committee on Governmental Af-
fairs of the Senate with any comments the President
considers appropriate.’’.
(d) EFFECTIVE DATE.—This section shall take effect
on January 21, 1997.
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