[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10806-H10817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PRESIDENTIAL AND EXECUTIVE OFFICE ACCOUNTABILITY ACT

  Mr. HORN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3452) to make certain laws applicable to the Executive 
Office of the President, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3452

       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.

[[Page H10807]]

       ``(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

[[Page H10808]]

     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

[[Page H10809]]

     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

[[Page H10810]]

     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 Presidential 
    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:

     ``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.
``3904. Effect of failure to issue regulations.
``3905. 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

[[Page H10811]]

     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 Of3901''.....

     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

[[Page H10812]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Horn] and the gentlewoman from New York [Mrs. Maloney] 
each will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Horn].
  Mr. HORN. Madam Speaker, I yield myself such time as I may consume.
  In the Federalist Papers, No. 57, James Madison wrote that an 
effective control against oppressive measures from the Federal 
Government on the people is the Government leaders, ``Can make no law 
which will not have its full operation on themselves and their friends, 
as well as the great mass of the society. This has always been deemed 
one of the strongest bonds by which human policy can connect the rulers 
and the people together.'' So said Madison.
  H.R. 3452 embodies this thinking of James Madison. The civil rights, 
labor and employment laws that H.R. 3452 will apply to the Executive 
Office of the President are the same laws that the 104th Congress 
applied to itself during its very first day in session in January 1995. 
That legislation was the Congressional Accountability Act. These are 
the same laws that Congress and the President have in the past applied 
to the American people.
  H.R. 3452 improves accountability. It includes provisions to ensure 
that the White House is financially and otherwise accountable to the 
American people by establishing an inspector general and a chief 
financial officer for the Executive Office of the President. The bill 
also amends the definition of a, ``special Government employee.''

                              {time}  1415

  This is a good-government measure which ensures that unofficial 
advisers are accountable to the American people and that the Government 
decisionmaking is free from the taint of conflicts of interest.
  The focus of the definition of a special Government employee in the 
bill is on regular, unpaid, informal advisors to the President. 
However, the definition would also cover close regular advisors who 
were performing functions similar to those of a special Government 
employee. Senator Coats of Indiana has introduced a similar bill in the 
other body, S. 2000, the White House Accountability Act, which I 
understand the Senate is to consider this week.
  It is the hallmark of good government that those who govern should be 
subject to the same laws they impose on those who are governed. 
Otherwise, those who govern may be tempted to impose onerous measures 
on the population. The executive branch of the Federal Government 
should not be exempt from the laws it administers any

[[Page H10813]]

more than Congress should be exempt from the laws it passes. That gap 
is what we remedied almost 2 years ago.
  Again, the first piece of legislation we passed in the 104th Congress 
was the Congressional Accountability Act, through which Congress 
subjected itself to the same laws which apply to the American people. 
The bill before the House completes the process of holding the 
executive and legislative branches of the Federal Government to the 
same standards that they combined impose on others.
  Madam Speaker, I yield 7 minutes to the distinguished gentleman from 
Florida [Mr. Mica]. As the principal author, he has provided active 
leadership in ensuring that the Federal Government lives by the same 
laws it applies to the private sector.
  Mr. MICA. Madam Speaker, I thank the gentleman from California for 
yielding me time. I want to also recognize the gentleman's outstanding 
leadership and hard work on this piece of legislation. He, as chairman 
of the House Subcommittee on Government Management, Information, and 
Technology, and his able staff have worked diligently to craft, working 
with the minority, a bill which I think the House can be very proud of.
  I would also like to take this opportunity to thank the gentleman 
from Pennsylvania, Chairman Clinger, of the Committee on Government 
Reform and Oversight, the gentleman from Pennsylvania, Chairman 
Goodling, of the Committee on Economic and Educational Opportunities, 
the gentleman from Illinois, Chairman Hyde, of the Committee on 
Judiciary, and the distinguished gentleman from Connecticut, Mr. Shays, 
and the gentleman from New Hampshire, Mr. Bass, for their leadership on 
this measure. Each of them has in fact made invaluable contributions to 
this legislation.
  I also want to take just a moment and pay particular thanks and 
commendation to the gentlewoman from New York [Mrs. Maloney] for her 
hard work and her leadership as the ranking member. I know the 
gentlewoman has a few problems with the bill, but I think they can be 
worked out. Without her leadership, the bill would not be on the floor 
today.
  Mr. Speaker, I introduced this bill because, like many Americans, I 
have really become concerned about the White House, which in fact even 
the casual observer today would find the White House lacks 
accountability and operates without responsibilities to laws that apply 
to the rest of us.
  One of the things we did and I did as a member of the new majority 
was to make this Congress live under the same laws as everyone else. 
This legislation in fact extends that same requirement to our highest 
office in the land, and should do so.
  This bill addresses three major areas of concern. The first concern 
is that the Executive Office of the President is not subject to the 
same employment laws that cover business, private business and the 
Congress.
  Second, it would create a chief financial officer and also an 
inspector general to improve financial management and responsibility at 
the White House.
  Third, it would clarify the definition, as you have heard from the 
gentleman from California, of special government employees with respect 
to presidential advisors.
  This Congress again took historic steps in its first 100 days when it 
made itself live under the same laws that have been imposed under the 
private sector. Now it is time to really just close that loop and put 
the White House under these same laws. It is time to end what I have 
called ``the last plantation,'' where wages and working conditions of 
many of the employees remain unaffected by Federal employment laws.
  When this is done, I think the political components of Government and 
the White House will be required to wrestle with the same knotty 
problems that private citizens and private business face every day. The 
President and the White House will face compliance with the same laws 
and edicts imposed on all Americans.
  Let me turn now, Mr. Speaker, to the second objective of this bill, 
the improvement of the management of the financial operations at the 
White House. Through the hearing process during the past year we have 
observed that the White House financial operations in fact lack both 
accountability and structure. The Travelgate hearings highlighted some 
of the shortcomings in White House financial responsibility.

  Mr. Speaker, had there been a chief financial officer at the White 
House back then, he or she who was in charge would have reviewed the 
White House travel financial management practices and said ``Wow.'' 
They would have said, ``Wait, let's look at this.'' The chief financial 
officer would have in fact detected any discrepancies and could have 
helped the Travel Office managers correct them.
  The Congress failed the American people by not having adequate 
financial structures or safeguards in place. In fact, we must take part 
of that responsibility as overseers. White House employees were used, 
unfortunately, as scapegoats, because we failed to have reliable 
management or financial accountability in our Chief Executive Office of 
the land.
  Likewise, Madam Speaker, hearings conducted by our Subcommittee on 
National Security, International Affairs, and Criminal Justice also 
reveal very serious deficiencies in oversight and accountability at the 
White House Communications Agency. I sit on that subcommittee. I was 
stunned when we heard the egregious examples of waste and abuse, all a 
result of almost a total lack of controls in this agency, which is 
under the operational control, in fact, of the Executive Office of the 
President.
  The accounting controls were so poor that the agency recently had 
$14.5 million in unobligated obligations. It has been paying for 
equipment and services.
  Madam Speaker, now, let me restate this. The accounting controls were 
so poor that the agency recently had $14.5 million in unvalidated 
obligations. It has been paying for equipment and services that are, in 
fact, no longer necessary. It has been paying for items that were never 
delivered to the agency, and it has occasionally paid for the same 
items twice.
  An audit by the Department of Defense's IG also found that the agency 
paid only 17 percent of its bills on time, causing the taxpayers to pay 
for interest and penalties on the remaining 83 percent.
  We are fortunate, in fact, Madam Speaker, that the White House does 
not have a mortgage, because of the way it operates. It would have, in 
fact, been repossessed by now.
  Again, Madam Speaker, these are problems that we believe a chief 
financial officer would have identified and corrected.
  The addition of an inspector general at the White House will also 
help eliminate waste, fraud, and abuse in the Executive Office of the 
President. I think, in fact, we can all agree that strong financial 
management at the White House is imperative. This bill will achieve 
that goal.
  The third and final objective is to require more public 
accountability in so-called volunteers who advise the President in the 
Executive Office of the President. Once again, Madam Speaker, the 
Travelgate hearings have revealed why Congress must take these actions.
  The activities only, if we use Harry Thompson as exhibit A, will 
reveal that this Clinton operative, an unpaid volunteer, had office 
accommodations, roamed the halls of the White House, participated in 
meetings with employees of the Executive Office and, in fact, with the 
President, and, in fact, attempted to influence policy in some places 
with a potential personal conflict of interest. In short, he acted as 
if he was a White House employee. Under this bill, he would have been 
subject to conflict-of-interest laws.
  Madam Speaker, the Presidential and Executive Office Accountability 
Act is a good bill. It will bring the Executive Office of the President 
under the same employment laws and civil rights laws that Congress and 
the private sector must live under.
  Mrs. MALONEY. Madam Speaker, I yield myself such time as I may 
consume.
  (Mrs. MALONEY asked and was given permission to revise and extend her 
remarks.)
  Mrs. MALONEY. Madam Speaker, the basic principle behind the 
Presidential and Executive Office Accountability Act is that the 
Federal Government should be subject to the same

[[Page H10814]]

laws and regulations as the private sector.
  Congress has already passed the Congressional Accountability Act. 
There is no reason why the executive branch should be exempt from laws 
which already apply to Congress and which were applied to the private 
sector long ago. It brings more accountability in two major areas, 
employment laws and financial management, to the White House.
  H.R. 3452 would apply to the Executive Office of the President 11 
civil rights, labor, and workplace laws which already apply to Congress 
and the private sector. OSHA, the Americans with Disabilities Act, the 
Family and Medical Leave Act, the Civil Rights Act of 1964, these are 
only some of the landmark laws that would be covered under this bill.
  This bill would also establish remedies and procedures similar to 
those in the private sector for aggrieved employees. While the bill is 
far from perfect, the majority has worked with us to improve it, 
incorporating a number of amendments from the minority.
  This bill also requires the appointment of a chief financial officer 
for the Executive Office of the President and makes certain changes to 
the definition of a ``Special Government Employee.''
  At our subcommittee markup of this legislation, the minority proposed 
a number of amendments to this bill which were adopted, and I thank the 
gentleman from California [Mr. Horn] and the majority for accepting 
them. These amendments protect the White House volunteer program, allow 
the President to consider political compatibility when hiring, and 
change the definition of ``Special Government Employee'' to include a 
functional test.
  To meet that definition, one must work less than 130 days and be 
retained, designated, appointed, or employed in the Federal Government 
to perform a Federal function. This definition is supported by ethics 
experts from both sides of the aisle.
  I hope that my serious concerns, which, incidentally, are shared by 
the Office of Legal Counsel of the Justice Department, about the 
amendment which mandates creating an inspector general for the White 
House, will be addressed in the other body.
  This amendment would grant an inspector general within the White 
House broad and unprecedented powers to audit and review any function, 
with limited oversight by the President and with regular reporting to 
the Congress.
  It is hard to avoid the conclusion that this is a partisan effort to 
politicize a bill that has otherwise won large support from Democrats 
and Republicans as well as the administration.
  This amendment may be unconstitutional. The Office of Legal Counsel 
at the Justice Department has concluded that it violates the separation 
of powers doctrine. For the first time in American history, it would 
establish an office within the White House that is statutorily required 
to report to Congress on a regular basis.
  Madam Speaker, I will include for the Record a copy of the Office of 
Legal Counsel's letter.
  Admittedly, the Congressional Research Service has concluded that the 
IG proposed by the amendment is constitutional, but, where there is a 
fundamental difference of views on such critical point, we should 
debate these views before we pass something in haste.
  Second, an inspector general in the White House is unnecessary. For 
220 years Congress has exercised its oversight over the President 
through hearings, investigations, and, more recently, the General 
Accounting Office's audits.
  Furthermore, this bill already creates a chief financial officer for 
the Executive Office of the President that provides additional 
accountability.
  Third, this provision violates the guiding principle that the 
President should be subject to the same laws as the Congress. We do not 
set up Government oversight outposts inside of corporations, and the 
idea behind this law is to impose these same labor laws as exist in the 
private sector and in Congress, not stronger and more intrusive ones.
  The Senate has no inspector general at all. The House has one, but it 
is limited to financial audits of nonlegislative offices and reports 
only to the leadership.

                              {time}  1430

  Fourth, the new majority has been very vocal in this session on the 
need to streamline Government. There have been proposals to eliminate 
the Commerce, Education, and Energy Departments, but here the new 
majority wants to create a new level of bureaucracy in the Executive 
Office of the President, which has traditionally been a relatively 
small and flexible organization.
  Finally, there has not been 1 day of hearings on this issue in the 
104th Congress. Putting an IG in the White House would produce a 
fundamental shift in relations between two separate branches of 
Government. Such a historic change certainly merits the scrutiny of 
hearings. Instead, it was offered on the last day of committee 
consideration of this bill.
  Finally, Madam Speaker, the manager's amendment to this bill contains 
a provision adding a compliance board for the White House. This 
provision was not considered by our committee, and I have reservations 
concerning the additional bureaucracy that it might create.
  Despite my reservations on these particular issues, I am convinced 
that this bill on the whole is a good one. Labor laws and civil rights 
laws have been devised in the White House. They should also be observed 
in the White House.
  Madam Speaker, I urge my colleagues to support this bill, and I 
include for the Record the letter I referred to earlier.
                                       U.S. Department of Justice,


                                Office of Legislative Affairs,

                                    Washington, DC, July 24, 1996.
     Hon. William F. Clinger, Chairman,
     Committee on Government Reform and Oversight, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to express further views on 
     H.R. 3452, the ``Presidential and Executive Office 
     Accountability Act.'' Previously we expressed our support for 
     the Subcommittee's changes in the bill, which would limit the 
     remedies to damages only.
       We understand that an amendment, embodying the White House 
     Inspector General Act of 1996, may be offered as an amendment 
     to H.R. 3452 during the Government Reform Committee's markup 
     of this legislation tomorrow. This amendment would interfere 
     significantly with the discharge of the President's 
     constitutional authority. Accordingly, the Department of 
     Justice believes that the amendment would raise serious 
     constitutional concerns and we strongly oppose the amendment 
     on separation of powers grounds.
       The Executive Office of the President is the designation of 
     the President's closest advisors and aides. The amendment 
     would add the Executive Office of the President to the list 
     of Executive establishments subject to the Inspector General 
     Act. An Inspector General is appointed for each covered 
     establishment. Inspectors General, along with their staffs, 
     are to be ``independent and objective units'' within their 
     respective establishments and are ``to conduct and supervise 
     audits and investigations relating to the programs and 
     operations of the establishment,'' ``to provide leadership 
     and coordination and recommend policies for activities 
     designed (A) to promote economy, efficiency, and 
     effectiveness in the administration of, and (B) to prevent 
     and detect fraud and abuse in, such programs and 
     operations,'' and ``to provide a means for keeping the head 
     of the establishment and the Congress fully and currently 
     informed about problems and deficiencies relating to the 
     administration of such programs and operations and the 
     necessity for and progress of corrective action.'' 5 
     U.S.C. app. 3, section 2.
       This general charter is supplemented with a variety of 
     specific duties. Inspectors General are to ``provide policy 
     direction for and * * * conduct, supervise, and coordinate 
     audits and investigations;'' review legislative proposals and 
     make recommendations for legislation relating to their 
     respective establishments; recommend policies for and 
     actually conduct and supervise activities to promote 
     ``economy and efficiency'' in the establishment's 
     administration; detect and prevent ``fraud and abuse;'' 
     supervise and coordinate relationships between the 
     establishment and other Federal agencies, State and local 
     governmental agencies and non-government entities to promote 
     efficiency and prevent fraud and abuse; and keep the heads of 
     their respective establishments and the Congress fully and 
     currently informed about battery within their jurisdiction 
     and recommend corrective action. Id. at section 4(a). In 
     addition to these duties, each Inspector General is required 
     to submit to Congress semiannual reports extensively 
     detailing the Inspector General's activities and findings 
     from the preceding period. Id. at section 5.
       To carry out these duties, Inspectors General are vested 
     with wide-ranging authority. Among other things, they are 
     allowed access to all records, documents, and other materials 
     relating to their respective establishments that pertain to 
     their duties, and are

[[Page H10815]]

     authorized to make such investigations and reports as they 
     deem ``necessary or desirable.'' Id. at section 6(a).
       In discharging their authority, Inspectors General are to 
     report to and be under the general supervision of the heads 
     of the establishments to which they are assigned. However, 
     the head of an establishment may not prohibit or prevent the 
     Inspector General from initiating, carrying out, or 
     completing any audit or investigation, or from issuing any 
     subpoena during the course of any audit or investigation. Id. 
     at section 3(a).
       The amendment would depart somewhat from the existing 
     framework under the Inspector General Act. The Inspector 
     General in the Executive Office of the President would be 
     subject to the authority, direction, and control of the 
     President with respect to audits or investigations or the 
     issuance of subpoenas that require access to information in 
     any of six categories.\1\ The President would be permitted to 
     prohibit such an audit, investigation, or subpoena, but only 
     after the Inspector General had decided to initiate such 
     action and only if the President determined that ``the 
     disclosure of that information would interfere with the core 
     functions of the constitutional responsibilities of the 
     President'' and that ``the prohibition is necessary to 
     prevent the disclosure of that information,''Id. at section 
     3. If the President exercised this preventive power, he would 
     be required, within 30 days, to submit in writing the reasons 
     for the determinations regarding interference with 
     constitutional responsibilities and the possibility of 
     disclosure to the Inspector General. The Inspector General, 
     in turn, would be required to transmit a copy of the 
     President's submission to specified congressional committees. 
     In addition, the Inspector General would be required to 
     include a description of the episode in the public semiannual 
     report.
---------------------------------------------------------------------------
     \1\ The categories are ongoing criminal investigations or 
     proceedings, undercover operations, the identity of 
     confidential sources, deliberations and the decisions on 
     policy matters, intelligence or counterintelligence matters, 
     or other matters the disclosure of which constitute a serious 
     threat to national security or cause significant impairment 
     to the national interest. See section 3 (adding section 8F(a) 
     to 5 U.S.C. app. 3).
---------------------------------------------------------------------------
       These provisions would raise serious concerns about 
     intrusion on the President's constitutional responsibilities. 
     The Constitution assigns a variety of powers exclusively to 
     the President. Examples include the powers to nominate 
     Federal officers, grant reprieves and pardons, act as 
     commander in chief, and receive ambassadors and other public 
     ministers. See U.S. Const. art. II. Congress may not intrude 
     upon the President's exercise of these exclusive powers. See, 
     e.g., Public Citizen v. United States Department of Justice, 
     491 U.S. 440 (1988) (Kennedy, J., concurring); Buckley v. 
     Valeo, 424 U.S. 1 (1976) (per curiam); United States v. 
     Klein, 80 U.S. (13 Wall.) 128 (1872); Ex Parte Garland, 71 
     U.S. (4 Wall.) 333 (1866). Yet the amendment threatens just 
     such an intrusion.
       Even as to those exclusive powers encompassed within one of 
     the six categories where the President may stop an audit, 
     investigation, or subpoena, the bill would intrude upon the 
     executive function. The Inspector General would have 
     authority to investigate, audit, and issue subpoenas in these 
     areas unless the President prevented the Inspector General 
     from exercising the authority. The President could act only 
     after the Inspector General decided to investigate, audit, or 
     issue a subpoena, and even then, the President would have to 
     make written findings and submit those findings to the 
     Inspector General who would transmit them to Congress. In 
     these findings, the President would have to determine that 
     ``disclosure'' of the information would ``interfere with the 
     core functions of the constitutional responsibilities of the 
     President.'' But where the President is exercising, or has 
     exercised, exclusive constitutional authority, Congress is 
     wholly without authority to imposed such requirements on the 
     President or the President's advisors.
       Furthermore, it is far from clear that all investigations, 
     audits, or subpoenas concerning the exercise of exclusive 
     constitutional powers would even fall within any of the six 
     categories as to which the President would have preventive 
     authority. For example, unless the deliberations of the 
     President and his advisors regarding whom to nominate for a 
     Federal office are ``policy matters,'' the President would be 
     without statutory authority to prohibit the Inspector General 
     from performing investigations and audits of the exercise of 
     that power or from reporting to Congress on these matters. 
     Another example is the pardon power. Even if the grant of a 
     reprieve or pardon is a ``criminal . . . proceeding[],'' this 
     category applies only to ``ongoing'' proceedings. Thus, the 
     bill would subject the President's deliberations on pardons 
     that already have been granted to investigation and audit, 
     and ultimately disclosure. The Constitution prohibits 
     Congress from doing this.
       With regard to those presidential powers that are not 
     exclusive--powers in those spheres where Congress possesses 
     authority to legislate--the doctrine of separation of powers 
     still limits Congress's ability to adopt legislation that 
     infringes on the President's constitutional role. In this 
     area, a bill's validity depends on ``the extent to which the 
     bill prevents the Executive Branch from performing its 
     constitutionally assigned functions.'' Nixon v. Administrator 
     of Gen. Servs., 433 U.S. 425, 443 (1977); see Morrison v. 
     Olson, 487 U.S. 654 (1988); CFTC v. Schor, 478 U.S. 833 
     (1986). ``Only where the potential for disruption is present 
     must we then determine whether that impact is justified by an 
     overriding need to promote objectives within the 
     constitutional authority of Congress.'' Administrator of Gen. 
     Servs., 425 U.S. at 443.
       Here, where the bill would invade powers exclusively 
     committed to the President, it is unnecessary also to 
     identify all of the ways in which the bill could invalidly 
     intrude on the President's powers that are not exclusive. 
     Rather, we note only that the amendment would create a strong 
     potential for extensive interference with the ability of the 
     President to perform all of his constitutional functions. At 
     the least, the necessity for the President's constant 
     vigilance about possible intrusions on his exclusive powers 
     would impede the President's discharge of his non-exclusive 
     constitutional powers. As we have recently observed, ``the 
     Constitution's very structure suggests the importance of 
     maintaining the `hallmarks of executive administration 
     essential to effective action.' '' The Constitutional 
     Separation of Powers between the President and Congress at 12 
     (May 7, 1996) (quoting Myers v. United States, 272 U.S. 52, 
     134 (1926)). Application of the Inspector General Act to the 
     Executive Office of the President would seriously undermine 
     this constitutional structure and this should be strongly 
     resisted.
       Thank you for the opportunity to present our views on H.R. 
     3452. The Office of Management and Budget advises that there 
     is no objection to the submission of this letter from the 
     standpoint of the Administration's program.
           Sincerely,
                                                 (For Andrew Fois,
                                      Assistant Attorney General).

     Ann M. Harkins.
  Madam Speaker, I reserve the balance of my time.
  Mr. HORN. Madam Speaker, I yield myself 30 seconds.
  I just want to say to my dear colleague, who has been immensely 
helpful this year in getting much legislation out of our subcommittee, 
the role of the inspector general in the House might be somewhat 
limited, but I can recall that the inspector general reviewed all the 
travel accounts. I found the work he did immensely helpful in 
untangling financial filings between member offices, central services, 
so forth, what was done.
  Having been an executive most of my life, I would certainly welcome 
that kind of staff support.
  Madam Speaker, I yield 3 minutes to the gentleman from Pennsylvania 
[Mr. Clinger], our distinguished chairman of the full Committee on 
Government Reform and Oversight.
  Mr. CLINGER. Madam Speaker, I thank the gentleman for yielding me the 
time and commend him for bringing this legislation to the floor. I also 
want to commend the gentleman from Florida [Mr. Mica], the subcommittee 
chairman, who is the principal author of the legislation, and the 
gentlewoman from New York [Mrs. Maloney]. They have all done yeoman 
work, I think, in getting this legislation out.
  Frankly, I did not think we would be able to achieve this goal as 
rapidly and as expeditiously as we have. So I am pleased to rise in 
support of this measure, the Presidential and Executive Office 
Accountability Act.
  Madam Speaker, this bill extends to the White House 11 civil rights, 
labor, and employment laws which are currently applicable to Congress 
and the private sector in an effort to improve accountability and 
oversight in the White House. The bill extends the rights and 
protections under these laws to all covered employees, and permits 
administrative and judicial dispute-resolution procedures.
  After many years on the Government Oversight Committee, the last 2 
years as chairman, the one oversight tenet of which I am most 
supportive is that all public institutions should follow sound 
financial management practices, which includes the establishment of a 
chief financial officer organization, the preparation of annual 
financial statements, and the audit of those statements by an 
independent inspector general. Nearly every agency of the U.S. 
Government has implemented those practices, including the House of 
Representatives. The one Government organization which does not have 
sound management practices, but obviously needs it the most, is the 
Executive Office of the President.
  I cannot think of a single White House scandal which could not have 
been avoided, or at least minimized, if the President could have called 
upon the help of a trusted inspector general. The secrecy of the health 
care task

[[Page H10816]]

force, the waste and fraud at the White House Communications Agency, 
the political firings of the Travel Office workers, the abuse of 
private FBI files, the proliferation of the White House access passes 
to political friends and lobbyists, and the random and selective use of 
drug tests, could have all been avoided if a proper management 
structure was in place. We have accepted the concept of protecting 
workers' rights, of mandating financial statements, and establishing an 
inspector general at every other agency in the Government. It is time 
that the lead agency, the Office of the President, accept these reforms 
as well.
  Now, to some who argue that this bill might interfere with the 
constitutional responsibilities of the President, let me assure you 
that every safeguard has been included to protect the ability of the 
President to perform his responsibilities. Using the statute creating 
an inspector general at the Central Intelligence Agency as a model, 
this legislation would allow the President to select his own inspector 
general and limit the scope of any investigation. In any regard, both 
the financial management and inspector general reforms included in this 
bill go only to the administrative functions of the Executive Office. 
Policymaking functions are not covered and, specifically, the inspector 
general has no authority to conduct any oversight into the policymaking 
responsibilities of the President or his staff.
  Madam Speaker, I understand how in an election season, this bill 
could be easily misconstrued. I encourage my colleagues, however, to 
understand the sound reforms included in this legislation. Its 
provisions do not become effective until after the next Presidential 
election and its requirements are applicable to both Democrat and 
Republican office holders. I can think of no reason why, on policy 
grounds, this legislation should not receive the full endorsement of 
the House of Representatives.
  Mr. HORN. Madam Speaker, I yield 5 minutes to the gentleman from New 
Hampshire [Mr. Bass] who is the author of the inspector general 
provision.
  Mr. BASS. Madam Speaker, I rise today in strong support of H.R. 3452. 
This bill applies 11 civil rights employment and labor statutes to the 
White House. H.R. 3452 is a commonsense bill that mirrors the 
Congressional Accountability Act, which has been discussed before by 
previous speakers.
  I also support H.R. 3452 because it includes my bill, the White House 
Inspector General Act, which I know my friend from New York has talked 
about in some detail in her discussion, which I introduced with the 
gentleman from Pennsylvania, Chairman Clinger, and the gentleman from 
California, Mr. Horn.
  My bill establishes an office of inspector general in the Executive 
Office of the President to serve as the principal watchdog of White 
House financial management procedures and fiscal resources. This 
provision not only provides the President with an essential tool for 
rooting out waste, fraud and abuse, but it also complements H.R. 3452's 
provision applying the Chief Financial Officer Act to the White House.
  I would also like at this moment to thank the chairman of the 
committee, Congressman Clinger, who has been a staunch supporter of 
this concept now for many years. As many of my colleagues know, the 
Inspector General Act of 1978 established inspectors general to protect 
the integrity of Federal programs and resources. IG's are appointed 
without regard to political affiliation and solely on the basis of a 
strong background in accounting, auditing, financial management or 
investigations.
  They are provided with the authority and independence to perform 
audits and investigations in order to combat waste, fraud and abuse, 
and indeed the act has worked: 61 Federal entities today have IG's, 
including all 14 Cabinet departments. In 1994 IG investigations and 
audits led to over 14,000 successful criminal and civil prosecutions 
and returned $1.9 billion in investigative recoveries to the U.S. 
Treasury resulting in efficiency recommendations that would save a 
total of $24 billion.
  My bill provides the White House IG the basic powers that all IG's 
are granted under the Inspector General Act of 1978, but it also 
includes special provisions that protect the constitutional 
prerogatives and operational effectiveness of the Presidency.
  The first exemption ensures that the inspector general will not 
interfere in areas relating to policy, intelligence, national security 
interests or other sensitive matters. It will focus solely on fiscal 
financial management and abuses of power.

  The second broad exemption ensures that the IG does not hinder the 
President in carrying out his constitutional responsibilities. The 
President would have broad and sweeping authority to prohibit the IG 
from, and I quote, interfering with the core functions of the 
constitutional responsibilities of the President.
  Some have raised legitimate questions about this provision violating 
the separation of powers doctrine. The Justice Department, as was 
mentioned by my colleague from New York, raised concerns about the 
intrusion on the President's constitutional responsibilities. As she 
also mentioned, the CRS, Congressional Research Service, American Law 
Division, concluded, however, that the legislation should withstand a 
constitutional challenge due to the broad exemptions that I just 
explained.
  Some have also objected to the provisions because they feel that it 
is a partisan attack on the White House. However, since the bill, as 
Chairman Clinger mentioned, will not take effect until next year, it 
would impact either a Clinton administration or a Dole administration 
in an identical fashion. Despite what some might think, this is surely 
not a partisan issue.
  This legislation is intended to institute a strong, effective and 
independent inspector general in the White House that balances the 
interests of both the President in carrying out his constitutional 
responsibilities and the Congress in conducting effective oversights of 
the executive branch and ensuring accountability.
  In conclusion, Madam Speaker, inspectors general have a solid track 
record in rooting out waste, fraud and abuse. Establishing a White 
House IG will provide further Presidents, both Republican and Democrat, 
a useful tool in identifying and eliminating financial mismanagement 
and abuse in the White House.
  I urge my colleagues to support passage of this bill.
  Mrs. MALONEY. Madam Speaker, I yield myself such time as I may 
consume.
  I would like to add to the Record an amendment that I offered at the 
subcommittee as a substitute to the Bass amendment, which would put 
forward in the White House the exact same IG that we have in the House 
of Representatives, in this Congress.
  That amendment was defeated. It is true that my colleague on the 
committee pointed out that the House has an IG, but it is limited to 
financial audits of nonlegislative offices and reports only to the 
leadership. The Bass IG would go well beyond that, providing for 
program audits of all presidential activities and with reporting to 
Congress.
  So I merely was trying to have the same oversight in both offices in 
the amendment that I put forward. I would like to put my amendment in 
the Record as a clarifying point, and also a comparison that I did on 
the Bass amendment and House rule VI for the Office of the Inspector 
General.
  The amendment referred to previously is as follows:

       Substitute amendment offered by Mrs. Maloney for the 
     amendment offered by Mr. Bass: At the end of the bill add the 
     following new section:

     SEC.   . ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE 
                   OFFICE OF THE PRESIDENT.

       (a) Establishment of Office.--There is established an 
     Office of Inspector General in the Executive Office of the 
     President
       (b) Inspector General.--The head of the Office shall be the 
     Inspector General of the Executive Office of the President, 
     who shall be appointed by the President.
       (c) Responsibilities.--Subject to the direction and control 
     of the President, the Inspector General shall be responsible 
     only for--
       (1) conducting periodic audits of the financial and 
     administration functions of the Executive Office of the 
     President;
       (2) informing officials who are the subject of an audit of 
     the results of that audit and suggesting appropriate curative 
     actions;
       (3) notifying the President in the case of any financial 
     irregularity discovered in the course of carrying out 
     responsibilities under this section;
       (4) submitting to the President a report of each audit 
     conducted under this section; and

[[Page H10817]]

       (5) reporting to the President information involving 
     possible violations by any official or other employee of any 
     law applicable to the performance of official duties or the 
     discharge of official responsibilities that may require 
     referral to appropriate Federal or State authorities.
       (d) Annual Report.--The Inspector General of the Executive 
     Office of the President shall annually submit a report to the 
     President and the Congress regarding the activities of the 
     Inspector General under this section.

  Mrs. MALONEY. Madam Speaker, I reserve the balance of my time.
  Mr. HORN. Madam Speaker, how much time do we have left on this side?
  The SPEAKER pro tempore (Ms. Greene of Utah). The gentleman from 
California [Mr. Horn] has 1\1/2\ minutes remaining, and the gentlewoman 
from New York [Mrs. Maloney] has 12 minutes remaining.
  Mr. HORN. Madam Speaker, I yield myself such time as I may consume.
  Let me note in response to my colleague from New York the point that 
the chairman of the full committee made, that the inspector generalship 
in the White House has been tailored so it does not get into policy 
areas. It is exactly the relationship the inspector general of the 
House of Representatives has in terms of not getting into the Members' 
and policymaking functions here.
  I would say that any Chief Executive of the United States, I would 
think, regardless of party, be they Republicans or Democrats, would 
want as two basic tools to help in his administration, or her 
administration, as it might be someday, the chief financial officer and 
the inspector general.
  This legislation is long overdue. It would have saved several 
Presidents from scandals and, hopefully, it will save future Presidents 
from scandals. I urge my colleagues to support this measure, which has 
strong support, I know, by many in both parties. I hope we would have 
the votes because this is good public policy, and future Presidents 
will thank us, not condemn us, for passing it.
  Mr. GOODLING. Madam Speaker, I rise in support of the Presidential 
and Executive Office Accountability Act. This act is a logical step 
following passage of the Congressional Accountability Act [CAA] in the 
earliest days of this Congress, in that it extends to the Executive 
Offices of the President the same employment protections which were 
made applicable to the Congress under the CAA. Passage of the CAA was 
an important step in showing that the Republican Congress would not 
proceed with ``business as usual'' and ended the status of Congress as 
the ``last plantation.''
  As it turns out, the White House and its related offices are now, in 
fact, the ``last plantation'' and the Presidential and Executive Office 
Accountability Act will end this unacceptable, albeit little known, 
special status under the law. When we passed the CAA, the hope was that 
the Congress would learn the practical impact of these laws, therefore 
have a better understanding of how they really work, and thus be able 
to give better, more informed consideration to legislation in the 
employment area. Hopefully, the Presidential and Executive Office 
Accountability Act will have the same impact on those who develop 
policy at the highest level in the executive branch.
  With regard to those provisions relating to the Federal Service 
Labor-Management Relations Act, I simply want to note that these 
provisions are modeled after those in the CAA and should be interpreted 
in the same manner. Thus, the Federal Labor Relations Authority should 
engage in extensive rulemaking to determine whether any employees in 
the offices cited should be exempted because of any of the three 
reasons listed--a conflict of interest; and appearance of a conflict of 
interest; or constitutional responsibilities.
  Mr. HORN. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mrs. MALONEY. Madam Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Horn] that the House suspend the rules 
and pass the bill, H.R. 3452, as amended.
  The question was taken.
  Mr. HORN. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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