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 Exec-
utive Office of the President.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Executive Office Ac-
countability Act of 1993’’.
SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EX-
ECUTIVE OFFICE OF THE PRESIDENT.
(a) ESTABLISHMENT OF OFFICE.—Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘the Presi-
dent (with respect only to the Executive Office of
the President),’’ after ‘‘means’’; and
(2) in paragraph (2) by inserting ‘‘the Execu-
tive 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 in-
vestigations, or the issuance of subpoenas, which require
access to information concerning—
‘‘(1) ongoing criminal investigations or proceed-
ings;
‘‘(2) undercover operations;
‘‘(3) the identity of confidential sources, includ-
ing protected witnesses;
‘‘(4) deliberations and decisions on policy mat-
ters, 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 se-
curity, or would cause significant impairment to the
national interests (including interests in foreign
trade negotiations), of the United States.
‘‘(b) PROHIBITING ACTIVITIES OF INSPECTOR GEN-
ERAL.—With respect to information described in sub-
section (a), the President may prohibit the Inspector Gen-
eral 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 sub-
section (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 In-
spector General shall transmit a copy of the notice
to each of the Chairman and the ranking minority
party member of the Committee on Government Op-
erations of the House of Representatives, the Com-
mittee on Governmental Affairs of the Senate, and
other appropriate committees or subcommittees of
the Congress.
‘‘(d) SEMIANNUAL REPORTS.—
‘‘(1) INFORMATION TO BE INCLUDED.—The In-
spector General of the Executive Office of the Presi-
dent 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 ac-
tion has been completed on each significant rec-
ommendation described in previous semiannual
reports, and, in a case where corrective action
has been completed, a description of such cor-
rective action;
‘‘(C) a certification that the Inspector Gen-
eral has had full and direct access to all infor-
mation relevant to the performance of functions
of the Inspector General;
‘‘(D) a description of all cases occurring
during the reporting period in which the Inspec-
tor General could not obtain documentary evi-
dence relevant to any inspection, audit, or in-
vestigation due to a determination of the Presi-
dent under subsection (b); and
‘‘(E) such recommendations as the Inspec-
tor 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 oper-
ations.
‘‘(2) TRANSMISSION TO CONGRESS.—Within 30
days after receiving a semiannual report under sec-
tion 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 Govern-
ment 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 FI-
NANCIAL 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 EX-
ECUTIVE OFFICE OF THE PRESIDENT.
(a) REVIEW OF FINANCIAL MANAGEMENT ACTIVI-
TIES WITHIN THE EXECUTIVE OFFICE OF THE PRESI-
DENT.—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 Finan-
cial Officer’’), the Director of the Office of Management
and Budget shall direct the Chief Financial Officer to con-
duct a review of the financial management activities within
the Executive Office of the President for the purpose of
consolidating its accounting, budgeting, and other finan-
cial management activities under the Chief Financial
Officer.
(b) REORGANIZATION PROPOSAL.—Not later than 60
days after the date the Director directs the Chief Finan-
cial 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 Man-
agement and Budget a proposal for reorganizing the Exec-
utive Office of the President for the purpose stated in sub-
section (a). The proposal shall include—
(1) a description of all functions, powers, du-
ties, personnel, property, or records which the Chief
Financial Officer is proposed to have authority over,
including those relating to functions that are not re-
lated 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 au-
thority of financial management personnel and re-
sources in agencies or other subdivisions as appro-
priate 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 manage-
ment structure reasonably tailored to the functions of the
Executive Office of the President. Upon approving or dis-
approving 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 Af-
fairs of the Senate a copy of the proposal and the Direc-
tor’s approval or disapproval.
(d) IMPLEMENTATION OF PROPOSAL.—Upon receiv-
ing written notice of approval from the Director of the
Office of Management and Budget, the Chief Financial
Officer shall implement that proposal.
Æ