I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Executive Office Ac3 countability Act of 1993’’.

4 SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EX5 ECUTIVE OFFICE OF THE PRESIDENT.

6 (a) ESTABLISHMENT OF OFFICE.—Section 11 of the

7 Inspector General Act of 1978 (5 U.S.C. App.) is amend8 ed—

9 (1) in paragraph (1) by inserting ‘‘the Presi10 dent (with respect only to the Executive Office of

11 the President),’’ after ‘‘means’’; and

12 (2) in paragraph (2) by inserting ‘‘the Execu13 tive Office of the President,’’ after ‘‘means’’.

14 (b) APPOINTMENT OF INSPECTOR GENERAL.—Not

15 later than 120 days after the date of the enactment of

16 this Act, the President shall nominate an individual as the

17 Inspector General of the Executive Office of the President

18 pursuant to the amendments made by subsection (a).

19 SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR

20 GENERAL OF THE EXECUTIVE OFFICE OF

21 THE PRESIDENT.

22 The Inspector General Act of 1978 (5 U.S.C. App.)

23 is amended—

24 (1) by redesignating section 8F as section 8G;

25 and

26 (2) by inserting after section 8E the following:
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1 ‘‘SEC. 8F. SPECIAL PROVISIONS CONCERNING INSPECTOR

2 GENERAL OF THE EXECUTIVE OFFICE OF

3 THE PRESIDENT.

4 ‘‘(a) AUTHORITY, DIRECTION, AND CONTROL OF

5 PRESIDENT.—Notwithstanding the last 2 sentences of

6 section 3(a), the Inspector General of the Executive Office

7 of the President shall be under the authority, direction,

8 and control of the President with respect to audits or in9 vestigations, or the issuance of subpoenas, which require

10 access to information concerning—

11 ‘‘(1) ongoing criminal investigations or proceed12 ings;

13 ‘‘(2) undercover operations;

14 ‘‘(3) the identity of confidential sources, includ15 ing protected witnesses;

16 ‘‘(4) deliberations and decisions on policy mat17 ters, including documented information used as a

18 basis for making policy decisions;

19 ‘‘(5) intelligence or counterintelligence matters;

20 or

21 ‘‘(6) other matters the disclosure of which

22 would constitute a serious threat to the national se23 curity, or would cause significant impairment to the

24 national interests (including interests in foreign

25 trade negotiations), of the United States.
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1 ‘‘(b) PROHIBITING ACTIVITIES OF INSPECTOR GEN2 ERAL.—With respect to information described in sub3 section (a), the President may prohibit the Inspector Gen4 eral of the Executive Office of the President from carrying

5 out or completing any audit or investigation, or issuing

6 any subpoena, after the Inspector General has decided to

7 initiate, carry out, or complete such audit or investigation

8 or to issue such subpoena, if the President determines

9 that—

10 ‘‘(1) the disclosure of that information would

11 interfere with the core functions of the constitutional

12 responsibilities of the President; and

13 ‘‘(2) the prohibition is necessary to prevent the

14 disclosure of that information.

15 ‘‘(c) NOTICE.—

16 ‘‘(1) NOTICE TO INSPECTOR GENERAL.—If the

17 President makes a determination referred to in sub18 section (b)(1) or (2), the President shall within 30

19 days notify the Inspector General in writing stating

20 the reasons for that determination.

21 ‘‘(2) NOTICE TO CONGRESS.—Within 30 days

22 after receiving a notice under paragraph (1), the In23 spector General shall transmit a copy of the notice

24 to each of the Chairman and the ranking minority

25 party member of the Committee on Government Op-
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1 erations of the House of Representatives, the Com2 mittee on Governmental Affairs of the Senate, and

3 other appropriate committees or subcommittees of

4 the Congress.

5 ‘‘(d) SEMIANNUAL REPORTS.—

6 ‘‘(1) INFORMATION TO BE INCLUDED.—The In7 spector General of the Executive Office of the Presi8 dent shall include in each semiannual report to the

9 President under section 5, at a minimum—

10 ‘‘(A) a list of the title or subject of each

11 inspection, investigation, or audit conducted

12 during the reporting period;

13 ‘‘(B) a statement of whether corrective ac14 tion has been completed on each significant rec15 ommendation described in previous semiannual

16 reports, and, in a case where corrective action

17 has been completed, a description of such cor18 rective action;

19 ‘‘(C) a certification that the Inspector Gen20 eral has had full and direct access to all infor21 mation relevant to the performance of functions

22 of the Inspector General;

23 ‘‘(D) a description of all cases occurring

24 during the reporting period in which the Inspec25 tor General could not obtain documentary evi-
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1 dence relevant to any inspection, audit, or in2 vestigation due to a determination of the Presi3 dent under subsection (b); and

4 ‘‘(E) such recommendations as the Inspec5 tor General considers appropriate concerning

6 legislation to promote economy and efficiency in

7 the administration of programs and operations

8 undertaken by the Executive Office of the

9 President, and to detect and eliminate fraud,

10 waste, and abuse in such programs and oper11 ations.

12 ‘‘(2) TRANSMISSION TO CONGRESS.—Within 30

13 days after receiving a semiannual report under sec14 tion 5 from the Inspector General of the Executive

15 Office of the President, the President shall transmit

16 the report to each of the Chairman and the ranking

17 minority party member of the Committee on Govern18 ment Operations of the House of Representatives

19 and the Committee on Governmental Affairs of the

20 Senate with any comments the President considers

21 appropriate.’’.
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1 SEC. 4. ESTABLISHMENT AND APPOINTMENT OF CHIEF FI2 NANCIAL OFFICER FOR EXECUTIVE OFFICE

3 OF THE PRESIDENT.

4 (a) ESTABLISHMENT.—Section 901(b)(2) of title 31,

5 United States Code, is amended by adding at the end the

6 following:

7 ‘‘(H) The Executive Office of the President.’’.

8 (b) APPOINTMENT.—The President shall appoint an

9 individual as the Chief Financial Officer of the Executive

10 Office of the President, pursuant to the amendment made

11 by subsection (a), by not later than 90 days after the date

12 of the enactment of this Act.

13 SEC. 5. FINANCIAL MANAGEMENT ACTIVITIES WITHIN EX14 ECUTIVE OFFICE OF THE PRESIDENT.

15 (a) REVIEW OF FINANCIAL MANAGEMENT ACTIVI16 TIES WITHIN THE EXECUTIVE OFFICE OF THE PRESI17 DENT.—Not later than 30 days after the appointment of

18 a Chief Financial Officer of the Executive Office of the

19 President (in this section referred to as the ‘‘Chief Finan20 cial Officer’’), the Director of the Office of Management

21 and Budget shall direct the Chief Financial Officer to con22 duct a review of the financial management activities within

23 the Executive Office of the President for the purpose of

24 consolidating its accounting, budgeting, and other finan25 cial management activities under the Chief Financial

26 Officer.
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1 (b) REORGANIZATION PROPOSAL.—Not later than 60

2 days after the date the Director directs the Chief Finan3 cial Officer to conduct a review under subsection (a), and

4 subject to all laws vesting functions in particular officers

5 and employees of the United States, the Chief Financial

6 Officer shall submit to the Director of the Office of Man7 agement and Budget a proposal for reorganizing the Exec8 utive Office of the President for the purpose stated in sub9 section (a). The proposal shall include—

10 (1) a description of all functions, powers, du11 ties, personnel, property, or records which the Chief

12 Financial Officer is proposed to have authority over,

13 including those relating to functions that are not re14 lated to financial management activities; and

15 (2) a detailed outline of the administrative

16 structure of the office of the Chief Financial Officer,

17 including a description of the responsibility and au18 thority of financial management personnel and re19 sources in agencies or other subdivisions as appro20 priate for the Executive Office of the President.

21 (c) REVIEW AND APPROVAL OF PROPOSAL.—Not

22 later than 30 days after receiving a proposal from the

23 Chief Financial Officer under subsection (c), the Director

24 of the Office of Management and Budget shall approve

25 or disapprove the proposal and notify the Chief Financial
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1 Officer of that approval or disapproval. The Director shall

2 approve the proposal if it establishes a financial manage3 ment structure reasonably tailored to the functions of the

4 Executive Office of the President. Upon approving or dis5 approving the proposal, the Director shall transmit to the

6 Chief Financial Officer a written notice of that approval

7 or disapproval. The Director shall also provide to the

8 Chairman and ranking minority party member of the

9 Committee on Government Operations of the House of

10 Representatives and the Committee on Governmental Af11 fairs of the Senate a copy of the proposal and the Direc12 tor’s approval or disapproval.

13 (d) IMPLEMENTATION OF PROPOSAL.—Upon receiv14 ing written notice of approval from the Director of the

15 Office of Management and Budget, the Chief Financial

16 Officer shall implement that proposal.

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