‘‘416. Rights and protections relating to veterans’ employment and reemploy-
ment.
‘‘417. Prohibition of intimidation or reprisal.
‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
‘‘420. Rights and protections under the Americans with Disabilities Act of
1990.
‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
‘‘425. Rights and protections under the Occupational Safety and Health Act of
1970; procedures for remedy of violations.
‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘430. Application of chapter 71 of title 5, relating to Federal service labor-man-
agement relations; procedures for remedy of violations.
‘‘PART E—GENERAL
‘‘435. Generally applicable remedies and limitations.
‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTE-
RESOLUTION PROCEDURES
‘‘451. Procedure for consideration of alleged violations.
‘‘452. Counseling and mediation.
‘‘453. Election of proceeding.
‘‘454. Appropriate agencies.
‘‘455. Effect of failure to issue regulations.
‘‘456. Confidentiality.
‘‘457. Definitions.
‘‘SUBCHAPTER IV—WHITE HOUSE COMPLIANCE BOARD
‘‘471. Establishment of White House Compliance Board.
‘‘472. Personnel.
‘‘473. Facilities.
‘‘SUBCHAPTER V—EFFECTIVE DATE
‘‘481. Effective date.
‘‘Subchapter I—General Provisions
‘‘SEC. 401. DEFINITIONS.
‘‘Except as otherwise specifically provided in this
chapter, as used in this chapter:
‘‘(1) BOARD.—The term ‘Board’ means the
Merit Systems Protection Board under chapter 12 of
title 5.
‘‘(2) COVERED EMPLOYEE.—The term ‘covered
employee’ means any employee of an employing of-
fice.
‘‘(3) EMPLOYEE.—The term ‘employee’ includes
an applicant for employment and a former employee.
‘‘(4) EMPLOYING OFFICE.—The term ‘employ-
ing office’ means—
‘‘(A) each office, agency, or other compo-
nent of the Executive Office of the President;
‘‘(B) the Executive Residence at the White
House; and
‘‘(C) the official residence (temporary or
otherwise) of the Vice President.
‘‘SEC. 402. APPLICATION OF LAWS.
‘‘The following laws shall apply, as prescribed by this
chapter, to all employing offices (including employing of-
fices within the meaning of section 411, to the extent pre-
scribed therein):
‘‘(1) The Fair Labor Standards Act of 1938.
‘‘(2) Title VII of the Civil Rights Act of 1964.
‘‘(3) The Americans with Disabilities Act of
1990.
‘‘(4) The Age Discrimination in Employment
Act of 1967.
‘‘(5) The Family and Medical Leave Act of
1993.
‘‘(6) The Occupational Safety and Health Act
of 1970.
‘‘(7) Chapter 71 (relating to Federal service
labor-management relations) of title 5.
‘‘(8) The Employee Polygraph Protection Act of
1988.
‘‘(9) The Worker Adjustment and Retraining
Notification Act.
‘‘(10) The Rehabilitation Act of 1973.
‘‘(11) Chapter 43 (relating to veterans’ employ-
ment and reemployment) of title 38.
‘‘Subchapter II—Extension of Rights and
Protections
‘‘PART A—EMPLOYMENT DISCRIMINATION, FAM-
ILY AND MEDICAL LEAVE, FAIR LABOR
STANDARDS, EMPLOYEE POLYGRAPH PRO-
TECTION, WORKER ADJUSTMENT AND RE-
TRAINING, EMPLOYMENT AND REEMPLOY-
MENT OF VETERANS, AND INTIMIDATION
‘‘SEC. 411. RIGHTS AND PROTECTIONS UNDER TITLE VII OF
THE CIVIL RIGHTS ACT OF 1964, THE AGE DIS-
CRIMINATION IN EMPLOYMENT ACT OF 1967,
THE REHABILITATION ACT OF 1973, AND
TITLE I OF THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990.
‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All
personnel actions affecting covered employees shall be
made free from any discrimination based on—
‘‘(1) race, color, religion, sex, or national origin,
within the meaning of section 703 of the Civil
Rights Act of 1964;
‘‘(2) age, within the meaning of section 15 of
the Age Discrimination in Employment Act of 1967;
or
‘‘(3) disability, within the meaning of section
501 of the Rehabilitation Act of 1973 and sections
102 through 104 of the Americans with Disabilities
Act of 1990.
‘‘(b) REMEDY.—
‘‘(1) CIVIL RIGHTS.—The remedy for a viola-
tion of subsection (a)(1) shall be—
‘‘(A) such damages as would be appro-
priate if awarded under section 706(g) of the
Civil Rights Act of 1964; and
‘‘(B) such compensatory damages as would
be appropriate if awarded under section 1977
of the Revised Statutes, or as would be appro-
priate if awarded under sections 1977A(a)(1),
1977A(b)(2), and, irrespective of the size of the
employing office, 1977A(b)(3)(D) of the Re-
vised Statutes.
‘‘(2) AGE DISCRIMINATION.—The remedy for a
violation of subsection (a)(2) shall be—
‘‘(A) such damages as would be appro-
priate if awarded under section 15(c) of the
Age Discrimination in Employment Act of
1967; and
‘‘(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of
such Act.
‘‘(A) whose appointment is made by and
with the advice and consent of the Senate;
‘‘(B) who is appointed to an advisory com-
mittee, as defined in section 3(2) of the Federal
Advisory Committee Act; or
‘‘(C) who is a member of the uniformed
services.
‘‘(2) EMPLOYING OFFICE.—The term ‘employ-
ing office’, with respect to a covered employee,
means the office, agency, or other entity in which
the covered employee is employed (or sought employ-
ment or was employed in the case of an applicant or
former employee, respectively).
‘‘(d) APPLICABILITY.—Subsections (a) through (c),
and section 417 (to the extent that it relates to any matter
under this section), shall apply with respect to violations
occurring on or after the effective date of this chapter.
‘‘SEC. 412. RIGHTS AND PROTECTIONS UNDER THE FAMILY
AND MEDICAL LEAVE ACT OF 1993.
‘‘(a) FAMILY
AND MEDICAL LEAVE RIGHTS
AND
PROTECTIONS PROVIDED.—
‘‘(1) IN GENERAL.—The rights and protections
established by sections 101 through 105 of the Fam-
ily and Medical Leave Act of 1993 shall apply to
covered employees.
‘‘(2) DEFINITIONS.—For purposes of the appli-
cation described in paragraph (1)—
‘‘(A) the term ‘employer’ as used in the
Family and Medical Leave Act of 1993 means
any employing office; and
‘‘(B) the term ‘eligible employee’ as used
in the Family and Medical Leave Act of 1993
means a covered employee who has been em-
ployed in any employing office for 12 months
and for at least 1,250 hours of employment
during the previous 12 months.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be such damages, including liquidated
damages, as would be appropriate if awarded under para-
graph (1) of section 107(a) of the Family and Medical
Leave Act of 1993.
‘‘SEC. 413. RIGHTS AND PROTECTIONS UNDER THE FAIR
LABOR STANDARDS ACT OF 1938.
‘‘(a) FAIR LABOR STANDARDS.—
‘‘(1) IN GENERAL.—The rights and protections
established by subsections (a)(1) and (d) of section
6, section 7, and section 12(c) of the Fair Labor
Standards Act of 1938 shall apply to covered em-
ployees.
‘‘(2) INTERNS
AND
VOLUNTEERS.—For the
purposes of this section, the term ‘covered employee’
does not include an intern or a volunteer as defined
in regulations under subsection (c).
‘‘(3) COMPENSATORY
TIME.—Except as pro-
vided in regulations under subsection (c)(3), covered
employees may not receive compensatory time in lieu
of overtime compensation.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be such damages, including liquidated
damages, as would be appropriate if awarded under sec-
tion 16(b) of the Fair Labor Standards Act of 1938.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—Except as pro-
vided in paragraph (3), the regulations issued under
paragraph (1) shall be the same as substantive regu-
lations promulgated by the Secretary of Labor to
implement the statutory provisions referred to in
subsection (a) except insofar as the President may
determine, for good cause shown and stated together
with the regulation, that a modification of such reg-
ulations would be more effective for the implementa-
tion of the rights and protections under this section.
‘‘(3) 
IRREGULAR
WORK
SCHEDULES.—The
President shall issue regulations for covered employ-
ees whose work schedules directly depend on the
schedule of the President or the Vice President that
shall be comparable to the provisions in the Fair
Labor Standards Act of 1938 that apply to employ-
ees who have irregular work schedules.
‘‘SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EM-
PLOYEE POLYGRAPH PROTECTION ACT OF
1988.
‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em-
ploying office may require a covered employee to take a
lie detector test where such a test would be prohibited if
required by an employer under paragraph (1), (2), or (3)
of section 3 of the Employee Polygraph Protection Act of
1988. In addition, the waiver provisions of section 6(d)
of such Act shall apply to covered employees.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be such damages as would be appropriate
if awarded under section 6(c)(1) of the Employee Poly-
graph Protection Act of 1988.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations
issued under paragraph (1) shall be the same as
substantive regulations promulgated by the Sec-
retary of Labor to implement the statutory provi-
sions referred to in subsections (a) and (b) except
insofar as the President may determine, for good
cause shown and stated together with the regulation,
that a modification of such regulations would be
more effective for the implementation of the rights
and protections under this section.
‘‘SEC. 415. RIGHTS AND PROTECTIONS UNDER THE WORK-
ER ADJUSTMENT AND RETRAINING NOTIFI-
CATION ACT.
‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTI-
FICATION RIGHTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no employing office shall be closed or
mass layoff ordered within the meaning of section 3
of the Worker Adjustment and Retraining Notifica-
tion Act until the end of a 60-day period after the
employing office serves written notice of such pro-
spective closing or layoff to representatives of cov-
ered employees or, if there are no representatives, to
covered employees.
‘‘(2) EXCEPTION.—
‘‘(A) IN GENERAL.—In the event that a
President (hereinafter in this paragraph re-
ferred to as the ‘previous President’) does not
succeed himself in office as a result of the elec-
tion of a new President—
‘‘(i) no notice or waiting period shall
be required under paragraph (1) with re-
spect to the separation of any individual
described in subparagraph (B), if such sep-
aration occurs pursuant to a closure or
mass layoff ordered after the term of the
new President commences; and
‘‘(ii) if any individual is separated
from service, or begins a period of leave
under the Family and Medical Leave Act
of 1993, before such term commences,
nothing in this chapter shall require rein-
statement or restoration to employment of
the individual after such term commences.
‘‘(B) DESCRIPTION OF INDIVIDUALS.—An
individual described in this subparagraph is any
covered employee serving pursuant to an ap-
pointment made during—
‘‘(i) the term of office of the previous
President; or
‘‘(ii) any term, earlier than the term
referred to in clause (i), during which such
previous President served as President or
Vice President.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be such damages as would be appropriate
if awarded under paragraphs (1), (2), and (4) of section
5(a) of the Worker Adjustment and Retraining Notifica-
tion Act.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations
issued under paragraph (1) shall be the same as
substantive regulations promulgated by the Sec-
retary of Labor to implement the statutory provi-
sions referred to in subsection (a) except insofar as
the President may determine, for good cause shown
and stated together with the regulation, that a modi-
fication of such regulations would be more effective
for the implementation of the rights and protections
under this section.
‘‘SEC. 416. RIGHTS AND PROTECTIONS RELATING TO VET-
ERANS’ EMPLOYMENT AND REEMPLOYMENT.
‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF
MEMBERS OF THE UNIFORMED SERVICES.—
‘‘(1) IN GENERAL.—It shall be unlawful for an
employing office to—
‘‘(A) discriminate, within the meaning of
subsections (a) and (b) of section 4311 of title
38, against an eligible employee;
‘‘(B) deny to an eligible employee reem-
ployment rights within the meaning of sections
4312 and 4313 of title 38; or
‘‘(C) deny to an eligible employee benefits
within the meaning of sections 4316, 4317, and
4318 of title 38.
‘‘(2) DEFINITION.—For purposes of this sec-
tion, the term ‘eligible employee’ means a covered
employee performing service in the uniformed serv-
ices, within the meaning of section 4303(13) of title
38, whose service has not been terminated upon the
occurrence of any of the events enumerated in sec-
tion 4304 of such title.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be such damages as would be appropriate
if awarded under paragraphs (1) and (2)(A) of section
4323(c) of title 38.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations
issued under paragraph (1) shall be the same as
substantive regulations promulgated by the Sec-
retary of Labor to implement the statutory provi-
sions referred to in subsection (a) except to the ex-
tent that the President may determine, for good
cause shown and stated together with the regulation,
that a modification of such regulations would be
more effective for the implementation of the rights
and protections under this section.
‘‘SEC. 417. PROHIBITION OF INTIMIDATION OR REPRISAL.
‘‘(a) IN GENERAL.—It shall be unlawful for an em-
ploying office to intimidate, take reprisal against, or other-
wise discriminate against, any covered employee because
the covered employee has opposed any practice made un-
lawful by this chapter, or because the covered employee
has initiated proceedings, made a charge, or testified, as-
sisted, or participated in any manner in a hearing or other
proceeding under this chapter.
‘‘(b) REMEDY.—A violation of subsection (a) may be
remedied by any legal remedy available to redress the
practice opposed by the covered employee or other viola-
tion of law as to which the covered employee initiated pro-
ceedings, made a charge, or engaged in other conduct pro-
tected under subsection (a).
‘‘(c) DEFINITIONS.—For purposes of applying this
section with respect to any practice or other matter to
which section 411 relates, the terms ‘employing office’ and
‘covered employee’ shall each be considered to have the
meaning given to it by such section.
‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER
THE AMERICANS WITH DISABILITIES ACT OF 1990
‘‘SEC. 420. RIGHTS AND PROTECTIONS UNDER THE AMERI-
CANS WITH DISABILITIES ACT OF 1990.
‘‘(a) RIGHTS AND PROTECTIONS.—The rights and
protections against discrimination in the provision of pub-
lic services and accommodations established by sections
201, 202, and 204, and sections 302, 303, and 309, of
the Americans with Disabilities Act of 1990 shall apply,
to the extent that public services, programs, or activities
are provided, with respect to the White House and its ap-
purtenant grounds and gardens, the Old Executive Office
Building, the New Executive Office Buildings, and any
other facility to the extent that offices are provided for
employees of the Executive Office of the President.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be such remedy as would be appropriate
if awarded under section 203 or 308 of the Americans
with Disabilities Act of 1990, as the case may be, except
that, with respect to any claim of employment discrimina-
tion, the exclusive remedy shall be under section 411 of
this title. A remedy under the preceding sentence shall be
enforced in accordance with applicable provisions of such
section 203 or 308, as the case may be.
‘‘(c) DEFINITION.—For purposes of the application
under this section of the Americans with Disabilities Act
of 1990, the term ‘public entity’ as used in such Act,
means, to the extent that public services, programs, or ac-
tivities are provided, the White House and its appurtenant
grounds and gardens, the Old Executive Office Building,
the New Executive Office Buildings, and any other facility
to the extent that offices are provided for employees of
the Executive Office of the President.
‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970
‘‘SEC. 425. RIGHTS AND PROTECTIONS UNDER THE OCCU-
PATIONAL SAFETY AND HEALTH ACT OF 1970;
PROCEDURES FOR REMEDY OF VIOLATIONS.
‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC-
TIONS.—
‘‘(1) IN GENERAL.—Each employing office and
each covered employee shall comply with the provi-
sions of section 5 of the Occupational Safety and
Health Act of 1970.
‘‘(2) DEFINITIONS.—For purposes of the appli-
cation under this section of the Occupational Safety
and Health Act of 1970—
‘‘(A) the term ‘employer’ as used in such
Act means an employing office; and
‘‘(B) the term ‘employee’ as used in such
Act means a covered employee.
‘‘(b) REMEDY.—The remedy for a violation of sub-
section (a) shall be an order to correct the violation, in-
cluding such order as would be appropriate if issued under
section 13(a) of the Occupational Safety and Health Act
of 1970.
‘‘(c) PROCEDURES.—
‘‘(1) REQUESTS FOR INSPECTIONS.—Upon writ-
ten request of any employing office or covered em-
ployee, the Secretary of Labor shall have the author-
ity to inspect and investigate places of employment
under the jurisdiction of employing offices in accord-
ance with subsections (a), (d), (e), and (f) of section
8 of the Occupational Safety and Health Act of
1970.
‘‘(2) CITATIONS, 
NOTICES, 
AND
NOTIFICA-
TIONS.—The Secretary of Labor shall have the au-
thority, in accordance with sections 9 and 10 of the
Occupational Safety and Health Act of 1970, to
issue—
‘‘(A) a citation or notice to any employing
office responsible for correcting a violation of
subsection (a); or
‘‘(B) a notification to any employing office
that the Secretary of Labor believes has failed
to correct a violation for which a citation has
been issued within the period permitted for its
correction.
‘‘(3) HEARINGS AND REVIEW.—If after issuing
a citation or notification, the Secretary of Labor de-
termines that a violation has not been corrected—
‘‘(A) the citation and notification shall be
deemed a final order (within the meaning of
section 10(b) of the Occupational Safety and
Health Act of 1970) if the employer fails to no-
tify the Secretary of Labor within 15 days (ex-
cluding Saturdays, Sundays, and Federal holi-
days) after receipt of the notice that he intends
to contest the citation or notification; or
‘‘(B) opportunity for a hearing before the
Occupational Safety and Health Review Com-
mission shall be afforded in accordance with
section 10(c) of the Occupational Safety and
Health Act of 1970, if the employer gives time-
ly notice to the Secretary that he intends to
contest the citation or notification.
‘‘(4) VARIANCE
PROCEDURES.—An employing
office may request from the Secretary of Labor an
order granting a variance from a standard made ap-
plicable by this section, in accordance with sections
6(b)(6) and 6(d) of the Occupational Safety and
Health Act of 1970.
‘‘(5) JUDICIAL
REVIEW.—Any person or em-
ploying office aggrieved by a final decision of the Oc-
cupational Safety and Health Review Commission
under paragraph (3) or the Secretary of Labor
under paragraph (4) may file a petition for review
with the appropriate United States circuit court of
appeals under section 1296 of title 28.
‘‘(6) COMPLIANCE DATE.—If new appropriated
funds are necessary to correct a violation of sub-
section (a) for which a citation is issued, or to com-
ply with an order requiring correction of such a vio-
lation, correction or compliance shall take place as
soon as possible, but not later than the end of the
fiscal year following the fiscal year in which the cita-
tion is issued or the order requiring correction be-
comes final and not subject to further review.
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations
issued under paragraph (1) shall be the same as
substantive regulations promulgated by the Sec-
retary of Labor to implement the statutory provi-
sions referred to in subsection (a) except to the ex-
tent that the President may determine, for good
cause shown and stated together with the regulation,
that a modification of such regulations would be
more effective for the implementation of the rights
and protections under this section.
‘‘(3) EMPLOYING
OFFICE
RESPONSIBLE
FOR
CORRECTION.—The regulations issued under para-
graph (1) shall include a method of identifying, for
purposes of this section and for different categories
of violations of subsection (a), the employing office
responsible for correction of a particular violation.
‘‘PART D—LABOR-MANAGEMENT RELATIONS
‘‘SEC. 430. APPLICATION OF CHAPTER 71 OF TITLE 5, RE-
LATING TO FEDERAL SERVICE LABOR-MAN-
AGEMENT 
RELATIONS; 
PROCEDURES 
FOR
REMEDY OF VIOLATIONS.
‘‘(a) LABOR-MANAGEMENT RIGHTS.—Subject to sub-
section (d), chapter 71 of title 5 shall apply to employing
offices and to covered employees and representatives of
those employees, except that covered employees shall not
have a right to reinstatement pursuant to section
7118(a)(7)(C) or 7123 of title 5.
‘‘(b) DEFINITION.—For purposes of the application
under this section of chapter 71 of title 5, the term ‘agen-
cy’ as used in such chapter means an employing office.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The Federal Labor Rela-
tions Authority shall issue regulations to implement
this section.
‘‘(2) AGENCY REGULATIONS.—Except as pro-
vided in subsection (d), the regulations issued under
paragraph (1) shall be the same as substantive regu-
lations promulgated by the Authority to implement
the statutory provisions referred to in subsection (a),
except—
‘‘(A) to the extent the Authority may de-
termine, for good cause shown and stated to-
the implementation of the rights and protec-
tions under this section; and
‘‘(B) that the Authority shall exclude from
coverage under this section any covered employ-
ees who are employed in offices listed in para-
graph (2) if the Authority determines that such
exclusion is required because of—
‘‘(i) a conflict of interest or appear-
ance of a conflict of interest; or
‘‘(ii) the President’s or Vice Presi-
dent’s constitutional responsibilities.
‘‘(2) OFFICES REFERRED TO.—The offices re-
ferred to in paragraph (1) include—
‘‘(A) the White House Office;
‘‘(B) the Executive Residence at the White
House;
‘‘(C) the Office of the Vice President;
‘‘(D) the Office of Policy Development;
‘‘(E) the Council of Economic Advisors;
‘‘(F) the National Security Council;
‘‘(G) the Office of Management and Budg-
et;
‘‘(H) the Office of National Drug Control
Policy; and
‘‘(I) the Office of the Inspector General of
the Executive Office of the President.
‘‘PART E—GENERAL
‘‘SEC. 435. GENERALLY APPLICABLE REMEDIES AND LIMI-
TATIONS.
‘‘(a) ATTORNEY’S FEES.—If a covered employee,
with respect to any claim under this chapter, or a qualified
person with a disability, with respect to any claim under
section 420, is a prevailing party in any proceeding under
section 453(1), the administrative agency may award at-
torney’s fees, expert fees, and any other costs as would
be appropriate if awarded under section 706(k) of the Civil
Rights Act of 1964.
‘‘(b) INTEREST.—In any proceeding under section
453(1), the same interest to compensate for delay in pay-
ment shall be made available as would be appropriate if
awarded under section 717(d) of the Civil Rights Act of
1964.
‘‘(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—
Except as otherwise provided in this chapter, no civil pen-
alty or punitive damages may be awarded with respect to
any claim under this chapter.
‘‘(d) EXCLUSIVE PROCEDURE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no person may commence an administra-
tive or judicial proceeding to seek a remedy for the
rights and protections afforded by this chapter ex-
cept as provided in this chapter and in sections 1296
and 1346(g) and chapter 179 of title 28.
‘‘(2) VETERANS.—A covered employee under
section 416 may also utilize any provisions of chap-
ter 43 of title 38 that are applicable to that em-
ployee.
‘‘(e) SCOPE OF REMEDY.—Only a covered employee
who has undertaken and completed the procedures de-
scribed in section 452 may be granted a remedy under
part A of this subchapter.
‘‘(f) CONSTRUCTION.—
‘‘(1) DEFINITIONS AND EXEMPTIONS.—Except
where inconsistent with definitions and exemptions
provided in this chapter, the definitions and exemp-
tions in the laws made applicable by this chapter
shall apply under this chapter.
‘‘(2) 
SIZE
LIMITATIONS.—Notwithstanding
paragraph (1), provisions in the laws made applica-
ble under this chapter (other than paragraphs (2)
and (3) of section 2(a) of the Worker Adjustment
and Retraining Notification Act) determining cov-
erage based on size, whether expressed in terms of
numbers of employees, amount of business trans-
acted, or other measure, shall not apply in determin-
ing coverage under this chapter.
‘‘(g) DEFINITIONS RELATING TO SECTION 411.—For
purposes of applying this section with respect to any prac-
tice or other matter to which section 411 relates, the terms
‘employing office’ and ‘covered employee’ shall each be
considered to have the meaning given to it by such section.
‘‘Subchapter III—Administrative and Judicial
Dispute-Resolution Procedures
‘‘SEC. 451. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.
‘‘The procedure for consideration of alleged violations
of part A of subchapter II consists of—
‘‘(1) counseling and mediation as provided in
section 452; and
‘‘(2) election, as provided in section 453, of ei-
ther—
‘‘(A) an administrative proceeding as pro-
vided in section 453(1) and judicial review as
provided in section 1296 of title 28; or
‘‘(B) a civil action in a district court of the
United States as provided in section 1346(g) of
title 28.
‘‘SEC. 452. COUNSELING AND MEDIATION.
‘‘(a) IN GENERAL.—The President shall by regula-
tion establish procedures substantially similar to those
under sections 402 and 403 of the Congressional Account-
ability Act of 1995 for the counseling and mediation of
alleged violations of a law made applicable under part A
of subchapter II.
‘‘(b) EXHAUSTION REQUIREMENT.—A covered em-
ployee who has not exhausted counseling and mediation
under subsection (a) shall be ineligible to make any elec-
tion under section 453 or otherwise pursue any further
form of relief under this subchapter.
‘‘SEC. 453. ELECTION OF PROCEEDING.
‘‘Not later than 90 days after a covered employee re-
ceives notice of the end of the period of mediation, but
no sooner than 30 days after receipt of such notification,
such covered employee may either—
‘‘(1) file a complaint with the appropriate ad-
ministrative agency, as determined under section
454; or
‘‘(2) file a civil action under section 1346(g) of
title 28.’’.
‘‘SEC. 454. APPROPRIATE AGENCIES.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the appropriate agency under this section with respect
to an alleged violation of part A of subchapter II shall
be the Board.
‘‘(b) EXCEPTIONS.—
‘‘(1) DISCRIMINATION.—For purposes of any
action arising under section 411 (or any action al-
leging intimidation, reprisal, or discrimination under
section 417 relating to any practice made unlawful
under section 411), the appropriate agency shall be
the Equal Employment Opportunity Commission,
and the complaint in any such action shall be proc-
essed under the same administrative procedures as
any such complaint filed by any other Federal em-
ployee.
‘‘(2) MIXED CASES.—However, in the case of
any covered employee (within the meaning of section
411(c)(1)) who has been affected by an action which
an employee of an executive agency may appeal to
the Board and who alleges that a basis for the ac-
tion was discrimination prohibited by section 411 (or
any action alleging intimidation, reprisal, or dis-
crimination under section 417 relating to any prac-
tice made unlawful under section 411), the initial
appropriate agency shall be the Board, and such
matter shall thereafter be processed in accordance
with section 7702 (a)–(d) (disregarding paragraph
(2) of such subsection (a)) and (f) of title 5.
‘‘(3) JUDICIAL REVIEW.—Notwithstanding any
other provision of law (including any provision of
law referenced in paragraph (1) or (2)), judicial re-
view of any administrative decision under this sub-
section shall be by appeal to the appropriate circuit
court of appeals under section 1296 of title 28.
‘‘SEC. 455. EFFECT OF FAILURE TO ISSUE REGULATIONS.
‘‘In any proceeding under section 453(1), if the Presi-
dent has not issued a regulation on a matter for which
this chapter requires a regulation to be issued, the admin-
istrative agency shall apply, to the extent necessary and
appropriate, the most relevant substantive executive agen-
cy regulation promulgated to implement the statutory pro-
vision at issue in the proceeding.
‘‘SEC. 456. CONFIDENTIALITY.
‘‘(a) COUNSELING.—All counseling under section 452
shall be strictly confidential, except that, with the consent
of the covered employee, the employing office may be noti-
fied.
‘‘(b) MEDIATION.—All mediation under section 452
shall be strictly confidential.
‘‘SEC. 457. DEFINITIONS.
‘‘For purposes of applying this subchapter, the terms
‘employing office’ and ‘covered employee’ shall each, to the
extent that section 411 is involved, be considered to have
the meaning given to it by such section.
‘‘SUBCHAPTER IV—WHITE HOUSE
COMPLIANCE BOARD
‘‘§ 471. Establishment of White House Compliance
Board
‘‘(a) ESTABLISHMENT.—There is established, as an
independent establishment within the executive branch of
the Federal Government, the White House Compliance
Board.
‘‘(b) APPOINTMENT.—The Board shall consist of 5
individuals appointed by the President. Appointments of
the first 5 members of the Board shall be completed not
later than 90 days after the effective date of this section.
‘‘(c) BOARD QUALIFICATIONS.—
‘‘(1) SPECIFIC QUALIFICATIONS.—Selection and
appointment of members of the Board shall be with-
out regard to political affiliation and solely on the
basis of fitness to perform the duties of the Board.
Members of the Board shall have training or experi-
ence in the application of the rights, protections, and
remedies under 1 or more of the laws made applica-
ble under this chapter.
‘‘(2) DISQUALIFICATION FOR APPOINTMENTS.—
No member of the Board appointed under subsection
(b) may hold or may have held a position in the 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.—
‘‘(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-
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-
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,
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.’’.
(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
‘‘(3) the Secretary of Labor or the Occupational
Safety and Health Review Commission, made under
part C of subchapter II of chapter 5 of title 3.
‘‘(b) FILING OF PETITION.—Any petition for review
under this section must be filed within 30 days after the
date the petitioner receives notice of the final decision.
‘‘(c) VENUE.—The venue of a proceeding under thi
section is in the judicial circuit in which the petitioner re-
sides or has its principal office, or in the United States
Court of Appeals for the District of Columbia Circuit.’’.
(2) The table of sections for chapter 158 of title 28,
United States Code, is amended by adding at the end the
following:
‘‘1296. Review of certain agency actions.’’.
(b) DISTRICT COURT ACTIONS.—
(1) JURISDICTION.—Section 1346 of title 28,
United States Code, is amended by adding at the
end the following:
‘‘(g) Subject to the provisions of chapter 179, the dis-
trict courts of the United States shall have exclusive juris-
diction over any civil action commenced under section
453(2) of title 3, by a covered employee under chapter
5 of such title.’’.
(2) VENUE.—(A) Chapter 37 of title 28, United
States Code, relating to venue, is amended by add-
ing at the end the following:
‘‘§ 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.
‘‘§ 3901. Civil actions
(a) PARTIES.—In an action under section 1346(g) of
this title, the defendant shall be the employing office al-
leged to have committed the violation involved.
‘‘(b) JURY TRIAL.—In an action described in sub-
section (a), any party may demand a jury trial where a
jury trial would be available in an action against a private
defendant under the relevant law made applicable by chap-
ter 5 of title 3. In any case in which a violation of section
411 of title 3 is alleged, the court shall not inform the
jury of the maximum amount of compensatory damages
available under section 411(b)(1) or 411(b)(3) of title 3.
‘‘§ 3902. Judicial review of regulations
‘‘In any proceeding under section 1296 or 1346(g)
of this title in which the application of a regulation issued
under chapter 5 of title 3 is at issue, the court may review
the validity of the regulation in accordance with the provi-
sions of subparagraphs (A) through (D) of section 706(2)
of title 5. If the court determines that the regulation is
invalid, the court shall apply, to the extent necessary and
appropriate, the most relevant substantive executive agen-
cy regulation promulgated to implement the statutory pro-
visions with respect to which the invalid regulation was
issued. Except as provided in this section, the validity of
regulations issued under this chapter is not subject to ju-
dicial review.
‘‘§ 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
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.
‘‘§ 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).
‘‘(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. 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;
‘‘(5) a person serving as a part-time local rep-
resentative of a Member of Congress in the Mem-
ber’s home district or State; and
‘‘(6) a Reserve officer of the Armed Forces, or
an officer of the National Guard of the United
States, who is not otherwise an officer or employee
as defined in subsection (c) who is—
‘‘(A) on active duty solely for training
(notwithstanding section 2105(d) of title 5);
‘‘(B) serving voluntarily for not to exceed
one hundred and thirty days during any period
of three hundred and sixty five consecutive
days; or
‘‘(C) serving involuntarily.’’.
(b) AMENDMENT TO SECTION 202(c).—Subsection
(c) of 202 of title 18, United States Code, is amended
to read as follows:
‘‘(c) The terms ‘officer’ and ‘employee’ in sections
203, 205, 207 through 209, and 218 of this title shall
include—
‘‘(1) an individual who is retained, designated,
appointed or employed in the United States 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 Fed-
eral or District of Columbia function under author-
ity of law or an Executive act. As used in this sec-
tion, a Federal or District of Columbia function
shall include, but not be limited to—
‘‘(A) supervising, managing, directing or
overseeing a Federal or District of Columbia of-
ficer or employee in the performance of such of-
ficer’s or employee’s official duties;
‘‘(B) providing regular advice, counsel, or
recommendations to the President, the Vice
President, a Member of Congress, or any Fed-
eral or District of Columbia officer or employee,
or conducting meetings involving any of those
individuals, as part of the Federal or District of
Columbia government’s internal deliberative
process; or
‘‘(C) obligating funds of the United States
or the District of Columbia;
‘‘(2) a Reserve officer of the Armed Forces or
an officer of the National Guard of the United
States who is serving voluntarily in excess of one
hundred and thirty days during any period of three
hundred and sixty-five consecutive days; and
‘‘(3) the President, the Vice President, a Mem-
ber of Congress or a Federal judge only if specified
in the section.’’.
(c) NEW SECTION 202(f).—Section 202 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(f) The terms ‘officer or employee’ and ‘special 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 com-
pensation specifically to act as a representative of a non-
Federal (or non-District of Columbia) interest on an advi-
sory committee established pursuant to the Federal Advi-
sory Committee Act or any similarly established committee
whose meetings are generally open to the public. The non-
Federal interest to be represented must be specifically set
forth in the statute, charter, or Executive act establishing
the committee.’’.
SEC. 6. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.
Each Federal law governing employment in the 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 employ-
ees’’ (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 sec-
tion.
SEC. 7. REPEAL OF SECTION 320 OF THE GOVERNMENT EM-
PLOYEE RIGHTS ACT OF 1991.
(a) IN GENERAL.—Section 320 of the Government
Employee Rights Act of 1991 is repealed.
(b) EFFECTIVE DATE.—This section shall take effect
1 year after the date of the enactment of this Act.
(c) SAVINGS PROVISION.—The repeal under this sec-
tion shall not affect proceedings in which the complaint
was filed before the effective date of this section, and or-
ders shall be issued in such proceedings and appeals shall
be taken therefrom as if this section had not been enacted.
SEC. 8. POLITICAL AFFILIATION.
It shall not be a violation of any provision of section
411 of title 3, United States Code, as amended by this
Act, to consider the party affiliation, or political compat-
ibility with the employing office, of an employee who is
a ‘‘covered employee’’ for purposes of such section 411
with respect to employment decisions.
SEC. 9. ESTABLISHMENT OF INSPECTOR GENERAL FOR 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 Presi-
dent (with respect only to the Executive Office of
the President),’’ after ‘‘means’’; and
(2) in paragraph (2) by inserting ‘‘the Execu-
tive 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 Inspec-
tor General of the Executive Office of the President pursu-
ant 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
section 3(a), the Inspector General of the Executive Office
of the President shall be under the authority, direction,
and control of the President with respect to audits or in-
vestigations, 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 se-
curity, or would cause significant impairment to the
national interests (including interests in foreign
trade negotiations), of the United States.
‘‘(b) PROHIBITING ACTIVITIES OF INSPECTOR GEN-
ERAL.—With respect to information described in sub-
section (a), the President may prohibit the Inspector Gen-
eral of the Executive Office of the President from carrying
out or completing any audit or investigation, or issuing
any subpoena, after the Inspector General has decided to
initiate, carry out, or complete such audit or investigation
or to issue such subpoena, if the President determines
that—
‘‘(1) the disclosure of that information would
interfere with the core functions of the constitutional
responsibilities of the President; and
‘‘(2) the prohibition is necessary to prevent the
disclosure of that information.
‘‘(c) NOTICE.—
‘‘(1) NOTICE TO INSPECTOR GENERAL.—If the
President makes a determination referred to in 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 Sen-
ate, and other appropriate committees or sub-
committees 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
inspection, investigation, or audit conducted
during 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 cor-
rective 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-