‘‘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 mat-
ter for which this chapter requires a regulation to be is-
sued, 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
promulgated 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 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.
‘‘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 admin-
istrative proceeding under this chapter (or any ap-
peal 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 Presidential Offices.’’.
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 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).’’.
(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.
SEC. 4. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOV-
ERNMENT EMPLOYEE’’.
(a) IN GENERAL.—Section 202 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(e) For purposes of the first sentence of subsection
(a), an individual shall be considered ‘retained, designated,
appointed, or employed’ by the Executive Office of the
President if such individual—
‘‘(1) is retained, designated, appointed, or em-
ployed by the President or the Vice President, or
any other authorized individual (including the spouse
of the President or the Vice President), to provide
advice, counsel, or recommendations to employees of
the Executive Office of the President; and
‘‘(2)(A) is furnished the use (exclusive or other-
wise) of an office or equipment at Government ex-
pense;
‘‘(B) owns at least 10 percent of the outstand-
ing capital stock of a corporation, or an equivalent
interest in any other entity, that such individual
knows or reasonably should know is doing business
or attempting to do business with the United States
Government;
‘‘(C) is a lobbyist, within the meaning of section
3(10) of the Lobbying Disclosure Act of 1995; or
‘‘(D) provides advice, counsel, or recommenda-
tions on any of the following:
‘‘(i) Personnel, organization, or reorganiza-
tion of the Executive Office of the President.
‘‘(ii) The contracting or privatization of
any function of the United States Government.
‘‘(iii) Contracts to provide goods or serv-
ices to the United States Government.
‘‘(iv) Congressional hearings or proceed-
ings.’’.