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‘‘(2) DISQUALIFICATION FOR APPOINTMENTS.—
No member of the Board appointed under subsection
(b) may hold or may have held a position in the ex-
ecutive 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 para-
graph (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.—
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‘‘(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
RE-
MOVAL.—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 re-
moval.
‘‘(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 per-
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formance 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 re-
quired under title I of the Ethics in Government Act of
1978.
‘‘§ 472. Personnel
‘‘(a) EXECUTIVE DIRECTOR.—
‘‘(1) APPOINTMENT AND REMOVAL.—
‘‘(A) IN GENERAL.—There shall be an Ex-
ecutive Director of the Board.
‘‘(B) APPOINTMENT.—The initial Execu-
tive Director shall be appointed by the Presi-
dent, and shall serve for a 6-month term. After
the end of the term of the initial Executive Di-
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rector, 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 disquali-
fication specified in section 471(c)(2) shall
apply to the appointment of the Executive Di-
rector.
‘‘(2) COMPENSATION.—The Board (or the
President in the case of the initial Executive Direc-
tor) may fix the compensation of the Executive Di-
rector. The rate of pay for the Executive Director
may not exceed the annual rate of basic pay pre-
scribed 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,
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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 mem-
bers or personnel of the General Accounting Office Per-
sonnel Appeals Board, to the Board to assist the Board
in carrying out its duties. Such detail may be on a reim-
bursable or nonreimbursable basis. Such detail shall be
without interruption or loss of civil service status or privi-
lege.
‘‘(d) CONSULTANTS.—In carrying out the functions
of the Board, the Executive Director may procure the tem-
porary (not to exceed 1 year) or intermittent services of
consultants.
‘‘§ 473. Facilities
‘‘The Equal Employment Opportunity Commission
shall supply such office facilities, office supplies, support
services, and related expenses as may be necessary to en-
able 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.’’.
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(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. 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:
‘‘§ 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
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‘‘§ 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 amend-
ed 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.
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‘‘§ 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 regu-
lation 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.
‘‘§ 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 inter-
locutory 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 jurisdic-
tion over the appeal referred to in subsection (a), advance
the appeal on the docket, and expedite the appeal to the
greatest extent possible.
‘‘§ 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
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other costs as would be appropriate if awarded under sec-
tion 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.
‘‘§ 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.
‘‘§ 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.
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‘‘§ 3908. Definitions.
‘‘For purposes of applying this chapter, the terms
‘employing office’ and ‘covered employee’ have the mean-
ings 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 in-
volved, 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 Ac-
countability 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
Offices ........................................................................ 3901’’.
SEC. 4. 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).
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‘‘(2) The Chief Financial Officer under this sub-
section shall have the same authority and shall perform
the same functions as apply in the case of a Chief Finan-
cial 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 sub-
section (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 sub-
section (b).’’.
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(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TITLE 31, UNITED STATES CODE.—Section
503(a) of title 31, United States Code, is amend-
ed—
(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 ‘‘Offi-
cers.’’ 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 Execu-
tive Office of the President (other than the Chief Fi-
nancial Officer or Deputy Chief Financial Officer
appointed under the amendments made by sub-
sections (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.
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SEC. 5. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOV-
ERNMENT 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 em-
ployee’ 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
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 hun-
dred and thirty days during any period of three hun-
dred 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;