[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3038 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3038

 To amend the Inspector General Act of 1978 to establish an Office of 
  Inspector General in the Executive Office of the President, and to 
  amend title 31, United States Code, to establish a Chief Financial 
           Officer for the Executive Office of the President.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 1993

  Mr. Clinger (for himself, Mr. Michel, Mr. Gingrich, Mr. Armey, Mr. 
 Hunter, Mr. Hyde, Mr. Paxon, Mr. Lightfoot, Mr. Wolf, Mr. Istook, Mr. 
McCandless, Mr. Hastert, Mr. Shays, Mr. Schiff, Mr. Cox, Mr. Thomas of 
 Wyoming, Ms. Ros-Lehtinen, Mr. Machtley, Mr. Zimmer, Mr. Zeliff, Mr. 
    McHugh, Mr. Horn, Ms. Pryce of Ohio, Mr. Mica, Mr. Portman, Mr. 
Ramstad, Mr. Gallegly, Ms. Snowe, Mr. McDade, Mr. Boehner, Mrs. Johnson 
of Connecticut, Mr. Saxton, Mr. Kasich, Mr. Greenwood, Mr. Fawell, Mr. 
   Houghton, Mr. Livingston, Mr. Bliley, Mr. Klug, Mr. Bonilla, Mr. 
Gilmor, Mr. Bartlett of Maryland, Mr. Baker of California, Mr. Bateman 
and Mr. Walsh) introduced the following bill; which was referred to the 
                   Committee on Government Operations

_______________________________________________________________________

                                 A BILL


 
 To amend the Inspector General Act of 1978 to establish an Office of 
  Inspector General in the Executive Office of the President, and to 
  amend title 31, United States Code, to establish a Chief Financial 
           Officer for the Executive Office of the President.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Office Accountability Act 
of 1993''.

SEC. 2. 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 date of the enactment of this Act, 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).

SEC. 3. 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 section 8F as section 8G; and
            (2) by inserting after section 8E the following:

``SEC. 8F. 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 
        Operations 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 Operations of the House of Representatives and the 
        Committee on Governmental Affairs of the Senate with any 
        comments the President considers appropriate.''.

SEC. 4. ESTABLISHMENT AND APPOINTMENT OF CHIEF FINANCIAL OFFICER FOR 
              EXECUTIVE OFFICE OF THE PRESIDENT.

    (a) Establishment.--Section 901(b)(2) of title 31, United States 
Code, is amended by adding at the end the following:
            ``(H) The Executive Office of the President.''.
    (b) Appointment.--The President shall appoint an individual as the 
Chief Financial Officer of the Executive Office of the President, 
pursuant to the amendment made by subsection (a), by not later than 90 
days after the date of the enactment of this Act.

SEC. 5. FINANCIAL MANAGEMENT ACTIVITIES WITHIN EXECUTIVE OFFICE OF THE 
              PRESIDENT.

    (a) Review of Financial Management Activities Within the Executive 
Office of the President.--Not later than 30 days after the appointment 
of a Chief Financial Officer of the Executive Office of the President 
(in this section referred to as the ``Chief Financial Officer''), the 
Director of the Office of Management and Budget shall direct the Chief 
Financial Officer to conduct a review of the financial management 
activities within the Executive Office of the President for the purpose 
of consolidating its accounting, budgeting, and other financial 
management activities under the Chief Financial Officer.
    (b) Reorganization Proposal.--Not later than 60 days after the date 
the Director directs the Chief Financial Officer to conduct a review 
under subsection (a), and subject to all laws vesting functions in 
particular officers and employees of the United States, the Chief 
Financial Officer shall submit to the Director of the Office of 
Management and Budget a proposal for reorganizing the Executive Office 
of the President for the purpose stated in subsection (a). The proposal 
shall include--
            (1) a description of all functions, powers, duties, 
        personnel, property, or records which the Chief Financial 
        Officer is proposed to have authority over, including those 
        relating to functions that are not related to financial 
        management activities; and
            (2) a detailed outline of the administrative structure of 
        the office of the Chief Financial Officer, including a 
        description of the responsibility and authority of financial 
        management personnel and resources in agencies or other 
        subdivisions as appropriate for the Executive Office of the 
        President.
    (c) Review and Approval of Proposal.--Not later than 30 days after 
receiving a proposal from the Chief Financial Officer under subsection 
(c), the Director of the Office of Management and Budget shall approve 
or disapprove the proposal and notify the Chief Financial Officer of 
that approval or disapproval. The Director shall approve the proposal 
if it establishes a financial management structure reasonably tailored 
to the functions of the Executive Office of the President. Upon 
approving or disapproving the proposal, the Director shall transmit to 
the Chief Financial Officer a written notice of that approval or 
disapproval. The Director shall also provide to the Chairman and 
ranking minority party member of the Committee on Government Operations 
of the House of Representatives and the Committee on Governmental 
Affairs of the Senate a copy of the proposal and the Director's 
approval or disapproval.
    (d) Implementation of Proposal.--Upon receiving written notice of 
approval from the Director of the Office of Management and Budget, the 
Chief Financial Officer shall implement that proposal.

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