[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 3452 Engrossed in House (EH)]
2d Session
H. R. 3452
_______________________________________________________________________
AN ACT
To make certain laws applicable to the Executive Office of the
President, and for other purposes.
104th CONGRESS
1d Session
H. R. 3452
_______________________________________________________________________
AN ACT
To make certain laws applicable to the Executive Office of the
President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Presidential and
Executive Office Accountability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Extension of certain rights and protections to presidential
offices.
Sec. 3. Amendments to title 28, United States Code.
Sec. 4. Financial officers within the Executive Office of the
President.
Sec. 5. Amendment to definition of ``special government employee''.
Sec. 6. Applicability of future employment laws.
Sec. 7. Repeal of section 320 of the Government Employee Rights Act of
1991.
Sec. 8. Political affiliation.
Sec. 9. Estabishment of Inspector General for Executive Office of the
President.
SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL
OFFICES.
(a) In General.--Title 3, United States Code, is amended by adding
at the end the following:
``CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO
PRESIDENTIAL OFFICES
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec.
``401. Definitions.
``402. Application of laws.
``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
``Part A--Employment Discrimination, Family and Medical Leave, Fair
Labor Standards, Employee Polygraph Protection, Worker Adjustment and
Retraining, Employment and Reemployment of Veterans, and Intimidation
``411. Rights and protections under title VII of the Civil Rights Act
of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation
Act of 1973, and title I of the Americans
with Disabilities Act of 1990.
``412. Rights and protections under the Family and Medical Leave Act of
1993.
``413. Rights and protections under the Fair Labor Standards Act of
1938.
``414. Rights and protections under the Employee Polygraph Protection
Act of 1988.
``415. Rights and protections under the Worker Adjustment and
Retraining Notification Act.
``416. Rights and protections relating to veterans' employment and
reemployment.
``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-management 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 office.
``(3) Employee.--The term `employee' includes an applicant
for employment and a former employee.
``(4) Employing office.--The term `employing office'
means--
``(A) each office, agency, or other component 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 offices within the meaning
of section 411, to the extent prescribed 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' employment and
reemployment) of title 38.
``Subchapter II--Extension of Rights and Protections
``PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR
LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION
``SEC. 411. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967, THE REHABILITATION ACT OF 1973, AND TITLE I OF THE
AMERICANS WITH DISABILITIES 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 violation of
subsection (a)(1) shall be--
``(A) such damages as would be appropriate 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 appropriate 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 Revised Statutes.
``(2) Age discrimination.--The remedy for a violation of
subsection (a)(2) shall be--
``(A) such damages as would be appropriate 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.
In addition, the waiver provisions of section 7(f) of such Act
shall apply to covered employees.
``(3) Disabilities discrimination.--The remedy for a
violation of subsection (a)(3) shall be--
``(A) such damages as would be appropriate if
awarded under section 505(a)(1) of the Rehabilitation
Act of 1973 or section 107(a) of the Americans with
Disabilities Act of 1990; and
``(B) such compensatory damages as would be
appropriate if awarded under sections 1977A(a)(2),
1977A(a)(3), 1977A(b)(2), and, irrespective of the size
of the employing office, 1977A(b)(3)(D) of the Revised
Statutes.
``(c) Definitions.--Except as otherwise specifically provided in
this section, as used in this section:
``(1) Covered employee.--The term `covered employee' means
any employee of a unit of the executive branch, including the
Executive Office of the President, whether appointed by the
President or by any other appointing authority in the executive
branch, who is not otherwise entitled to bring an action under
any of the statutes referred to in subsection (a), but does not
include any individual--
``(A) whose appointment is made by and with the
advice and consent of the Senate;
``(B) who is appointed to an advisory committee, 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 `employing office', with
respect to a covered employee, means the office, agency, or
other entity in which the covered employee is employed (or
sought employment 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 Family and Medical Leave Act
of 1993 shall apply to covered employees.
``(2) Definitions.--For purposes of the application
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 employed 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 subsection (a) shall
be such damages, including liquidated damages, as would be appropriate
if awarded under paragraph (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 employees.
``(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 provided 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 subsection (a) shall
be such damages, including liquidated damages, as would be appropriate
if awarded under section 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 provided in paragraph
(3), the regulations issued under paragraph (1) shall be the
same as substantive regulations 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 regulations would be more effective
for the implementation of the rights and protections under this
section.
``(3) Irregular work schedules.--The President shall issue
regulations for covered employees 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 employees who have
irregular work schedules.
``SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EMPLOYEE POLYGRAPH
PROTECTION ACT OF 1988.
``(a) Polygraph Practices Prohibited.--No employing 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 subsection (a) shall
be such damages as would be appropriate if awarded under section
6(c)(1) of the Employee Polygraph 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 Secretary of Labor to implement the
statutory provisions 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 WORKER ADJUSTMENT AND
RETRAINING NOTIFICATION ACT.
``(a) Worker Adjustment and Retraining Notification Rights.--
``(1) In general.--Except as provided in paragraph (2), no
employing office shall be closed or mass layoff ordered within
the meaning of section 3 of the Worker Adjustment and
Retraining Notification Act until the end of a 60-day period
after the employing office serves written notice of such
prospective closing or layoff to representatives of covered
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 referred to as the
`previous President') does not succeed himself in
office as a result of the election of a new President--
``(i) no notice or waiting period shall be
required under paragraph (1) with respect to
the separation of any individual described in
subparagraph (B), if such separation 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 reinstatement 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 appointment 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 subsection (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 Notification 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 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 regulations would be more effective for the implementation
of the rights and protections under this section.
``SEC. 416. RIGHTS AND PROTECTIONS RELATING TO VETERANS' 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 reemployment
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 section, the term
`eligible employee' means a covered employee performing service
in the uniformed services, 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 section
4304 of such title.
``(b) Remedy.--The remedy for a violation of subsection (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 Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except to
the extent 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 employing office to
intimidate, take reprisal against, or otherwise discriminate against,
any covered employee because the covered employee has opposed any
practice made unlawful by this chapter, or because the covered employee
has initiated proceedings, made a charge, or testified, assisted, 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 violation of law as to which the covered employee
initiated proceedings, made a charge, or engaged in other conduct
protected 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 AMERICANS WITH
DISABILITIES ACT OF 1990.
``(a) Rights and Protections.--The rights and protections against
discrimination in the provision of public 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 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.
``(b) Remedy.--The remedy for a violation of subsection (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 discrimination,
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 activities 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 OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970; PROCEDURES FOR REMEDY OF VIOLATIONS.
``(a) Occupational Safety and Health Protections.--
``(1) In general.--Each employing office and each covered
employee shall comply with the provisions of section 5 of the
Occupational Safety and Health Act of 1970.
``(2) Definitions.--For purposes of the application 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 subsection (a) shall
be an order to correct the violation, including 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 written request of
any employing office or covered employee, the Secretary of
Labor shall have the authority to inspect and investigate
places of employment under the jurisdiction of employing
offices in accordance with subsections (a), (d), (e), and (f)
of section 8 of the Occupational Safety and Health Act of 1970.
``(2) Citations, notices, and notifications.--The Secretary
of Labor shall have the authority, 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 determines 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 notify the Secretary of Labor within
15 days (excluding Saturdays, Sundays, and Federal
holidays) 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 Commission shall
be afforded in accordance with section 10(c) of the
Occupational Safety and Health Act of 1970, if the
employer gives timely 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 applicable 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 employing office
aggrieved by a final decision of the Occupational 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 subsection (a) for which a
citation is issued, or to comply with an order requiring
correction of such a violation, 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 citation
is issued or the order requiring correction becomes 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 Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except to
the extent 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 paragraph (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, RELATING TO FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY
OF VIOLATIONS.
``(a) Labor-Management Rights.--Subject to subsection (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 `agency' as used in such
chapter means an employing office.
``(c) Regulations To Implement Section.--
``(1) In general.--The Federal Labor Relations Authority
shall issue regulations to implement this section.
``(2) Agency regulations.--Except as provided in subsection
(d), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Authority to
implement the statutory provisions referred to in subsection
(a), except--
``(A) to the extent the Authority 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; or
``(B) as the Authority deems necessary to avoid a
conflict of interest or appearance of a conflict of
interest.
``(d) Specific Regulations Regarding Applications to Certain
Employing Offices.--
``(1) Regulations required.--The Authority shall issue
regulations on the manner and the extent to which the
requirements and exemptions of chapter 71 of title 5 should
apply to covered employees who are employed in the offices
listed in paragraph (2). The regulations shall, to the greatest
extent practicable, be consistent with the provisions and
purposes of chapter 71 of title 5 and of this chapter, and
shall be the same as the substantive regulations issued by the
Federal Labor Relations Authority under such chapter, except--
``(A) to the extent the Authority 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; and
``(B) that the Authority shall exclude from
coverage under this section any covered employees who
are employed in offices listed in paragraph (2) if the
Authority determines that such exclusion is required
because of--
``(i) a conflict of interest or appearance
of a conflict of interest; or
``(ii) the President's or Vice President's
constitutional responsibilities.
``(2) Offices referred to.--The offices referred 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 Budget;
``(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 LIMITATIONS.
``(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
attorney'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 payment 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 penalty or punitive damages may be
awarded with respect to any claim under this chapter.
``(d) Exclusive Procedure.--
``(1) In general.--Except as provided in paragraph (2), no
person may commence an administrative or judicial proceeding to
seek a remedy for the rights and protections afforded by this
chapter except 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 chapter 43 of title 38 that are
applicable to that employee.
``(e) Scope of Remedy.--Only a covered employee who has undertaken
and completed the procedures described 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 exemptions in the laws made
applicable by this chapter shall apply under this chapter.
``(2) Size limitations.--Notwithstanding paragraph (1),
provisions in the laws made applicable under this chapter
(other than paragraphs (2) and (3) of section 2(a) of the
Worker Adjustment and Retraining Notification Act) determining
coverage based on size, whether expressed in terms of numbers
of employees, amount of business transacted, or other measure,
shall not apply in determining coverage under this chapter.
``(g) Definitions Relating to Section 411.--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.
``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 either--
``(A) an administrative proceeding as provided 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 regulation establish
procedures substantially similar to those under sections 402 and 403 of
the Congressional Accountability 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 employee who has not
exhausted counseling and mediation under subsection (a) shall be
ineligible to make any election 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 receives 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 administrative
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 alleging 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 processed under
the same administrative procedures as any such complaint filed
by any other Federal employee.
``(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
action was discrimination prohibited by section 411 (or any
action alleging intimidation, reprisal, or discrimination under
section 417 relating to any practice 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 review of any administrative decision
under this subsection 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 President has not
issued a regulation on a matter for which this chapter requires a
regulation to be issued, the administrative agency 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. 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 notified.
``(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
``Sec. 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 without 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 experience in the application of the rights, protections,
and remedies under 1 or more of the laws made applicable 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 executive 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 paragraph (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 removal.--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 removal.
``(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 performance 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 required under title I of the
Ethics in Government Act of 1978.
``Sec. 472. Personnel
``(a) Executive Director.--
``(1) Appointment and removal.--
``(A) In general.--There shall be an Executive
Director of the Board.
``(B) Appointment.--The initial Executive Director
shall be appointed by the President, and shall serve
for a 6-month term. After the end of the term of the
initial Executive Director, 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 disqualification
specified in section 471(c)(2) shall apply to the
appointment of the Executive Director.
``(2) Compensation.--The Board (or the President in the
case of the initial Executive Director) may fix the
compensation of the Executive Director. The rate of pay for the
Executive Director may not exceed the annual rate of basic pay
prescribed 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 members or personnel of the General Accounting
Office Personnel Appeals Board, to the Board to assist the Board in
carrying out its duties. Such detail may be on a reimbursable or
nonreimbursable basis. Such detail shall be without interruption or
loss of civil service status or privilege.
``(d) Consultants.--In carrying out the functions of the Board, the
Executive Director may procure the temporary (not to exceed 1 year) or
intermittent services of consultants.
``Sec. 473. Facilities
``The Equal Employment Opportunity Commission shall supply such
office facilities, office supplies, support services, and related
expenses as may be necessary to enable 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 401''.
Presidential Offices.
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:
``Sec. 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 resides 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 district courts
of the United States shall have exclusive jurisdiction 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 adding at the end the
following:
``Sec. 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 amended 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.
``Sec. 3901. Civil actions
(a) Parties.--In an action under section 1346(g) of this title, the
defendant shall be the employing office alleged to have committed the
violation involved.
``(b) Jury Trial.--In an action described in subsection (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 chapter 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.
``Sec. 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 provisions 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 agency regulation
promulgated to implement the statutory provisions 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
judicial review.
``Sec. 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 regulation 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.
``Sec. 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 interlocutory 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 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. 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 section 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.
``Sec. 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.
``Sec. 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.
``Sec. 3908. Definitions.
``For purposes of applying this chapter, the terms `employing
office' and `covered employee' have the meanings 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 involved, 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 Accountability 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 3901''.
Offices.
SEC. 4. FINANCIAL OFFICERS WITHIN THE EXECUTIVE OFFICE 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 appointed 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 necessary to ensure that, for
purposes of implementing paragraph (2), the Executive Office of the
President shall, to the extent practicable and appropriate, be treated
(including 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, notwithstanding any
provision of subsection (b), shall be appointed 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 ``respectively.''
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 President shall
designate an employee of the Executive Office 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
Executive Office of the President.
SEC. 5. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT 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 subsection (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 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 representative
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
(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 Government or in the
government of the District of Columbia, 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--
``(A) supervising, managing, directing or
overseeing a Federal or District of Columbia officer or
employee in the performance of such officer'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 Federal 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 Member 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 Government
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 committee
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. 6. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.
Each Federal law governing employment in the private 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. 7. REPEAL OF SECTION 320 OF THE GOVERNMENT EMPLOYEE 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 section 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. 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 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. 9. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment of Office.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1) by inserting ``the President (with
respect only to the Executive Office of the President),'' 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 President.--The Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) by redesignating the second section 8G (regarding a
rule of construction) as section 8I; and
(2) by inserting after the first section 8G (regarding
requirements for Federal entities and designated 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 investigations, or the issuance of subpoenas, which require
access to information concerning--
``(1) ongoing criminal investigations or proceedings;
``(2) undercover operations;
``(3) the identity of confidential sources, including
protected witnesses;
``(4) deliberations and decisions on policy matters,
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 negotiations), of the
United States.
``(b) Prohibiting Activities of Inspector General.--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 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 subsection (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 Inspector General shall
transmit a copy of the notice to each of the Chairman and the
ranking minority party member of the Committee on Government
Reform 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 Inspector General of
the Executive Office of the President 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 action has
been completed on each significant recommendation
described in previous semiannual reports, and, in a
case where corrective action has been completed, a
description of such corrective action;
``(C) a certification that the Inspector General
has had full and direct access to all information
relevant to the performance of functions of the
Inspector General;
``(D) a description of all cases occurring during
the reporting period in which the Inspector General
could not obtain documentary evidence relevant to any
inspection, audit, or investigation due to a
determination of the President under subsection (b);
and
``(E) such recommendations as the Inspector 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
operations.
``(2) Transmission to congress.--Within 30 days after
receiving a semiannual report under section 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
Government Reform and Oversight of the House of Representatives
and the Committee on Governmental Affairs of the Senate with
any comments the President considers appropriate.''.
(d) Effective Date.--This section shall take effect on January 21,
1997.
Passed the House of Representatives September 24, 1996.
Attest:
Clerk.