[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1231-S1232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4491. Mr. SCHIFF submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. OFFICE OF INSPECTOR GENERAL IN THE EXECUTIVE OFFICE
OF THE PRESIDENT.
(a) Establishment.--
(1) In general.--Section 401 of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``or the National
Reconnaissance Office'' and inserting ``the National
Reconnaissance Office, or the Executive Office of the
President''; and
(B) in paragraph (3), by striking ``or the Director of the
National Reconnaissance Office'' and inserting ``the Director
of the National Reconnaissance Office; or the President (with
respect to the Executive Office of the President)''.
(2) Appointment of inspector general.--Not later than 120
days after the date of enactment of this Act, the President
shall appoint an individual as the Inspector General of the
Executive Office of the President in accordance with the
requirements of section 403(a) of title 5, United States
Code.
(b) Special Provisions.--Chapter 4 of title 5, United
States Code, is amended by inserting after section 424 the
following:
``SEC. 425. SPECIAL PROVISIONS CONCERNING THE EXECUTIVE
OFFICE OF THE PRESIDENT.
``(a) Audits, Investigations, and Issuance of Subpoenas.--
``(1) Authority, direction, and control.--Notwithstanding
the last 2 sentences of section 403(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, that require access to information concerning any
of the following:
``(A) The identity of a confidential source, including a
protected witness.
``(B) An intelligence or counterintelligence matter.
``(C) An undercover operation.
``(2) Prohibition in certain situations.--With respect to
the information described in paragraph (1), the President may
prohibit the Inspector General of the Executive Office of the
President from initiating, carrying out, or completing any
audit or investigation, or from 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 such prohibition
is necessary to prevent the disclosure of any information
described in paragraph (1).
``(3) Notice after prohibition.--
``(A) To inspector general.--If the President exercises any
power under paragraph (2), not later than 30 days after
exercising any such power, the President shall notify the
Inspector General of the Executive Office of the President in
writing, stating the reasons for exercising that power.
``(B) To congress.--Not later than 30 days after receiving
a notice under subparagraph (A), the Inspector General of the
Executive Office of the President shall transmit a copy of
the notice to the chair and ranking member of each of the
following:
``(i) The Committee on Homeland Security and Governmental
Affairs of the Senate.
``(ii) The Committee on the Judiciary of the Senate.
``(iii) The Committee on Oversight and Government Reform of
the House of Representatives.
``(iv) The Committee on the Judiciary of the House of
Representatives.
``(v) Any other appropriate committee or subcommittee of
Congress.
``(b) Semiannual Reports.--
``(1) Additional information to be included.--Any
semiannual report prepared by the Inspector General of the
Executive Office of the President under section 405(b) shall
also include the following:
``(A) With respect to each significant recommendation on
which corrective action has been completed, a description of
the corrective action.
``(B) A certification of whether the Inspector General of
the Executive Office of the President has had full and direct
access to all information relevant to the performance of the
functions of the Inspector General.
``(C) A description of any audit, inspection, or evaluation
occurring during the reporting period in which the Inspector
General of the Executive Office of the President could not
obtain relevant information due to an exercise of power by
the President under subsection (a)(2).
``(D) Such recommendations as the Inspector General of the
Executive Office of the President considers appropriate with
respect to efficiency in the administration of programs and
operations undertaken by the President, and the detection and
elimination of fraud, waste, and abuse in such programs and
operations.
``(2) Submission to president.--Notwithstanding section
405(c), the Inspector General of the Executive Office of the
President shall submit to the President the semiannual
reports prepared under section 405(b), including the
additional information required under paragraph (1), not
later than April 30 and October 31 of each year.
``(3) Transmission to congress.--Not later than 30 days
after submitting the semiannual report to the President under
paragraph (2), the Inspector General of the Executive Office
of the President shall transmit the semiannual report to the
chair and ranking member of each of the following:
``(A) The Committee on Homeland Security and Governmental
Affairs of the Senate.
``(B) The Committee on the Judiciary of the Senate.
``(C) The Committee on Oversight and Government Reform of
the House of Representatives.
``(D) The Committee on the Judiciary of the House of
Representatives.
``(c) Audit of the Office of the Inspector General of the
Executive Office of the President.--
``(1) In general.--Not later than 120 days after the
President appoints an individual as the Inspector General of
the Executive Office of the President, and annually
thereafter, the Council of Inspectors General on Integrity
and Efficiency shall conduct an audit of the Office of the
Inspector General of the Executive Office of the President to
ensure that the office is able to effectively provide
oversight of the Executive Office of the President.
``(2) Report.--Not later than October 31 after the first
audit is completed under paragraph (1), and annually
thereafter, the Council of Inspectors General on Integrity
and Efficiency shall submit to Congress a report on the
findings of the audit.''.
(c) Technical and Conforming Amendments.--
(1) In general.--Chapter 4 of title 5, United States Code,
is amended--
(A) in section 415(a)(2)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D) through (F) as
subparagraphs (C) through (E), respectively; and
(B) in section 418, by striking ``or 421'' and inserting
``, 421, or 425''.
(2) Table of sections.--The table of sections for chapter 4
of title 5, United States Code, is amended by adding at the
end the following:
``425. Special provisions concerning the Executive Office of the
President.''.
(d) Over-Classification Audit.--
(1) Evaluations required.--The Inspector General of the
Executive Office of the President, in consultation with the
Information Security Oversight Office of the National
Archives and Records Administration, shall carry out 2
evaluations of the Executive Office of the President--
[[Page S1232]]
(A) to assess whether applicable classification policies,
procedures, rules, and regulations have been adopted,
followed, and effectively administered within the Executive
Office of the President; and
(B) to identify policies, procedures, rules, regulations,
or management practices that may be contributing to
persistent misclassification of material within the Executive
Office of the President.
(2) Deadlines for evaluations.--
(A) Initial evaluation.--The first evaluation required
under paragraph (1) shall be completed not later than 1 year
after the date of enactment of this Act.
(B) Second evaluation.--The second evaluation required
under paragraph (1) shall review progress made pursuant to
the results of the first evaluation and shall be completed
not later than 1 year after the date on which the first
evaluation is completed.
(3) Coordination.--The Inspector General of the Executive
Office of the President shall coordinate with other
Inspectors General and the Information Security Oversight
Office to ensure that evaluations follow a consistent
methodology, as appropriate, that allows for cross-agency
comparisons.
(4) Reports required.--
(A) In general.--Not later than 45 days after the
completion of an evaluation under paragraph (1), the
Inspector General of the Executive Office of the President
shall submit to the appropriate entities a report on that
evaluation.
(B) Content.--Each report submitted under subparagraph (A)
shall include a description of--
(i) the policies, procedures, rules, regulations, or
management practices, if any, identified by the Inspector
General under paragraph (1)(B); and
(ii) the recommendations, if any, of the Inspector General
to address any such identified policies, procedures, rules,
regulations, or management practices.
(5) Appropriate entities defined.--In this subsection, the
term ``appropriate entities'' means each of the following:
(A) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(B) The Committee on the Judiciary of the Senate.
(C) The Committee on Oversight and Government Reform of the
House of Representatives.
(D) The Committee on the Judiciary of the House of
Representatives.
(E) Any other appropriate committee or subcommittee of
Congress.
(F) The President.
(G) The Director of the Information Security Oversight
Office.
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