S2219-119

1. Short title This Act may be cited as the Bringing Executive Accountability, Clarity, and Oversight Now Act or the BEACON Act.

2. Office of Inspector General in the Executive Office of the President Section 401 of title 5, United States Code (commonly referred to as the Inspector General Act of 1978) is amended— in paragraph (1), by striking or the National Reconnaissance Office and inserting the National Reconnaissance Office, or the Executive Office of the President; and 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). 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. Chapter 4 of title 5, United States Code, is amended by inserting after section 424 the following: 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: The identity of a confidential source, including a protected witness. An intelligence or counterintelligence matter. An undercover operation. 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). 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. 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: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Any other appropriate committee or subcommittee of Congress. Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 405(b) shall also include the following: With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action. 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. 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). 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. 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. 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: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. 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. 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. Chapter 4 of title 5, United States Code, is amended— in section 415(a)(2)— by striking subparagraph (C); and by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; and in section 418, by striking or 421 and inserting , 421, or 425. The table of sections for chapter 4 of title 5, United States Code, is amended by adding at the end the following: 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— 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 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. The first evaluation required under paragraph (1) shall be completed not later than 1 year after the date of enactment of this Act. 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. 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. Not later than 45 days after the completion of an evaluation, the Inspector General of the Executive Office of the President shall submit to the appropriate entities a report on that evaluation. Each report submitted under subparagraph (A) shall include a description of— the policies, procedures, rules, regulations, or management practices, if any, identified by the Inspector General under paragraph (1)(B); and the recommendations, if any, of the Inspector General to address any such identified policies, procedures, rules, regulations, or management practices. In this subsection, the term appropriate entities means each of the following: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Any other appropriate committee or subcommittee of Congress. The President. The Director of the Information Security Oversight Office. 425.Special provisions concerning the Executive Office of the President(a)Audits, investigations, and issuance of subpoenas(1)Authority, direction, and controlNotwithstanding 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 situationsWith 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 GeneralIf 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 CongressNot 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 includedAny 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 PresidentNotwithstanding 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 CongressNot 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 generalNot 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)ReportNot 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.. 425. Special provisions concerning the Executive Office of the President..

425. Special provisions concerning the Executive Office of the President 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: The identity of a confidential source, including a protected witness. An intelligence or counterintelligence matter. An undercover operation. 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). 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. 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: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Any other appropriate committee or subcommittee of Congress. Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 405(b) shall also include the following: With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action. 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. 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). 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. 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. 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: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. 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. 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.