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‘‘(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
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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
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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
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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.
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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:
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‘‘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.
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‘‘(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-
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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-
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dence relevant to any inspection, audit, or in-
vestigation due to a determination of the Presi-
dent under subsection (b); and
‘‘(E) such recommendations as the Inspec-
tor General considers appropriate concerning
legislation to promote economy and efficiency in
the administration of programs and operations
undertaken by the Executive Office of the
President, and to detect and eliminate fraud,
waste, and abuse in such programs and oper-
ations.
‘‘(2) TRANSMISSION TO CONGRESS.—Within 30
days after receiving a semiannual report under sec-
tion 5 from the Inspector General of the Executive
Office of the President, the President shall transmit
the report to each of the Chairman and the ranking
minority party member of the Committee on Govern-
ment Reform and Oversight of the House of Rep-
resentatives and the Committee on Governmental
Affairs of the Senate with any comments the Presi-
dent considers appropriate.’’.
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(d) EFFECTIVE DATE.—This section shall take effect
on January 21, 1997.
Passed the House of Representatives September 24,
1996.
Attest:
ROBIN H. CARLE,
Clerk.