[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8009 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8009
To amend title 5, United States Code, to establish a Government
Spending Oversight Committee within the Council of the Inspectors
General on Integrity and Efficiency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2024
Mr. Raskin introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to establish a Government
Spending Oversight Committee within the Council of the Inspectors
General on Integrity and Efficiency, and for other purposes.
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 ``Government Spending Oversight Act of
2024''.
SEC. 2. GOVERNMENT SPENDING OVERSIGHT COMMITTEE.
(a) In General.--Section 424 of title 5, United States Code, is
amended by adding at the end the following:
``(f) Government Spending Oversight Committee.--
``(1) Definitions.-- In this subsection:
``(A) Agency.--The term `agency' has the meaning
given the term in section 551.
``(B) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committees on Appropriations of
the Senate and the House of Representatives;
``(ii) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(iii) the Committee on Oversight and
Accountability of the House of Representatives;
and
``(iv) any other relevant congressional
committee of jurisdiction.
``(C) Chairperson.--The term `Chairperson' means
the Chairperson of the Committee.
``(D) Committee.--The term `Committee' means the
Government Spending Oversight Committee established
under paragraph (2).
``(E) Covered funds.--The term `covered funds'
means any funds, including loans, that are made
available in any form to any non-Federal entity or
individual, under--
``(i) the CARES Act (Public Law 116-136);
``(ii) the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020
(Public Law 116-123);
``(iii) the Families First Coronavirus
Response Act (Public Law 116-127);
``(iv) the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-
139);
``(v) division M or N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260);
``(vi) the American Rescue Plan Act of 2021
(Public Law 117-2);
``(vii) any loan guaranteed or made by the
Small Business Administration, including any
direct loan or guarantee of a trust
certificate, under the Small Business Act (15
U.S.C. 631 et seq.), the Small Business
Investment Act of 1958 (15 U.S.C. 661 et seq.),
or any other provision of law;
``(viii) unemployment compensation (as
defined in section 85 of the Internal Revenue
Code of 1986);
``(ix) the Infrastructure Investment and
Jobs Act (Public Law 117-58);
``(x) the Inflation Reduction Act (Public
Law 117-169);
``(xi) the Honoring our PACT Act of 2022
(Public Law 117-168); or
``(xii) the Act entitled `Making
appropriations for Legislative Branch for the
fiscal year ending September 30, 2022, and for
other purposes', enacted December 22, 2023
(commonly referred to as the CHIPS and Science
Act of 2022; Public Law 117-167).
``(2) Establishment.--There is established within the
Council the Government Spending Oversight Committee to promote
transparency and conduct and support oversight of covered funds
to--
``(A) prevent and detect fraud, waste, abuse, and
mismanagement; and
``(B) mitigate major risks that cut across program
and agency boundaries.
``(3) Chairperson.--The Chairperson of the Committee--
``(A) shall be selected by the Chairperson of the
Council from among Inspectors General appointed by the
President and confirmed by the Senate; and
``(B) should have with experience managing
oversight of large organizations and expenditures.
``(4) Members of committee.--
``(A) Membership.--The members of the Committee
shall include--
``(i) the Chairperson;
``(ii) the Inspector General of the
Department of Labor;
``(iii) the Inspector General of the
Department of Health and Human Services;
``(iv) the Inspector General of the Small
Business Administration;
``(v) the Inspector General of the
Department of the Treasury;
``(vi) the Inspector General of the
Department of Transportation;
``(vii) the Treasury Inspector General for
Tax Administration;
``(viii) the Inspector General of the
Department of Veterans Affairs;
``(ix) the Inspector General of the
Department of Commerce;
``(x) the Inspector General of the
Department of Justice;
``(xi) the Inspector General of the
Department of Defense;
``(xii) the Inspector General of the
Department of Education;
``(xiii) the Inspector General of the
Department of Homeland Security; and
``(xiv) any Inspector General, as the
Chairperson determines appropriate, of a
designated Federal entity that expends or
obligates covered funds.
``(B) Prohibition on additional compensation.--
Members of the Committee may not receive additional
compensation for services performed as members of the
Committee.
``(5) Executive director.--
``(A) In general.--There shall be an Executive
Director of the Committee.
``(B) Appointment; qualifications.--The Executive
Director of the Committee shall--
``(i) be appointed by the Chairperson, in
consultation with the majority leader of the
Senate, the Speaker of the House of
Representatives, the minority leader of the
Senate, and the minority leader of the House of
Representatives;
``(ii) have demonstrated ability in
accounting, auditing, financial analysis, law,
management analysis, public administration, or
investigations;
``(iii) have experience managing oversight
of large organizations and expenditures; and
``(iv) be a full-time employee of the
Committee.
``(C) Duties.--The Executive Director of the
Committee shall--
``(i) report directly to the Chairperson;
``(ii) appoint staff of the Committee,
subject to the approval of the Chairperson;
``(iii) supervise and coordinate the
functions and staff of the Committee; and
``(iv) perform any other duties assigned to
the Executive Director by the Committee.
``(6) Duties of the committee.--
``(A) General functions.--In addition to the duties
of the Committee described under paragraph (2), the
Committee, in coordination with the Inspector General
involved, may--
``(i) provide support to, and collaborate
with, such Inspector General in conducting
investigations, audits, and reviews relating to
covered funds, including through--
``(I) data analytics;
``(II) the sharing of data, tools,
and services;
``(III) the development and
enhancement of data practices,
analysis, and visualization; and
``(IV) any other appropriate means
as determined by the Committee;
``(ii) provide analytical products to
agencies, in coordination with the Inspector
General involved, to promote program integrity,
prevent improper payments, and facilitate
verification efforts to ensure proper
expenditure and utilization of covered funds;
``(iii) review the economy, efficiency, and
effectiveness in the administration of, and the
detection of fraud, waste, abuse, and
mismanagement in, programs and operations using
covered funds;
``(iv) review whether there are appropriate
mechanisms for interagency collaboration
relating to the oversight of covered funds,
including coordinating and collaborating to the
extent practicable with State and local
government entities; and
``(v) expeditiously report to the Attorney
General any instance in which the Committee has
reasonable grounds to believe there has been a
violation of Federal criminal law.
``(B) Additional functions.--The Committee may
provide investigative support to any prosecutorial and
enforcement authority to protect program integrity and
prevent, detect, and prosecute fraud of covered funds.
``(C) Reporting.--
``(i) Alerts.--The Committee shall submit
to the President and Congress, including the
appropriate congressional committees,
management alerts on potential management,
risk, and funding problems that require
immediate attention.
``(ii) Reports and updates.--The Committee
shall submit to Congress such reports or
provide such periodic updates on the work of
the Committee as the Committee considers
appropriate on the use of covered funds.
``(iii) Biannual reports.--The Committee
shall submit biannual reports to the President
and Congress, including the appropriate
congressional committees, and may submit
additional reports as appropriate to Congress,
that summarize the findings of the Committee
and include recommendations for additional
funds that should be included under the
definition of covered funds for the purposes of
this subsection.
``(iv) Public availability.--All reports
submitted under this subparagraph shall be made
publicly available and posted on the website
established under paragraph (16).
``(v) Redactions.--Any portion of a report
submitted under this paragraph may be redacted
when made publicly available, if that portion
would disclose information that is not subject
to disclosure under sections 552 and 552a, or
is otherwise prohibited from disclosure by law.
``(D) Recommendations.--
``(i) In general.--The Committee shall make
recommendations to the heads of agencies on
measures to prevent or address fraud, waste,
abuse and mismanagement of covered funds, and
to mitigate risks that cut across programs and
agency boundaries, relating to covered funds.
``(ii) Report.--Not later than 30 days
after receipt of a recommendation under clause
(i), the head of an agency shall submit a
report to the President and the appropriate
congressional committees on--
``(I) whether the head of the
agency agrees or disagrees with the
recommendations; and
``(II) any actions the head of the
agency will take to implement the
recommendations.
``(E) Matters to be included in gao-ig act
report.--The head of each agency shall include in each
annual budget justification required under section 2(b)
of the GAO-IG Act (31 U.S.C. 1105 note; Public Law 115-
414) a report listing each action the head of an agency
took to implement a recommendation under subparagraph
(D)(ii)(II) in 1-year period preceding the date on
which the annual budget justification is submitted.
``(7) Authorities.--
``(A) In general.--In carrying out the duties and
functions under this subsection with respect to
conducting or supporting the oversight of covered
funds, the Committee shall--
``(i) comply with standards established by
the Comptroller General of the United States
for audits of Federal establishments,
organizations, programs, activities, and
functions;
``(ii) establish guidelines for determining
when it shall be appropriate to use non-Federal
auditors;
``(iii) take appropriate steps to ensure
that any work performed by non-Federal auditors
complies with the standards established by the
Comptroller General as described in clause (i);
and
``(iv) in coordination with the Inspector
General involved, have the authorities provided
under and be subject to paragraphs (1) through
(4) of subsection (a) and subsections (h), (j),
and (k) of section 406, subject to the
limitations under subparagraph (B).
``(B) Limitation on subpoena authority.--
``(i) In general.--With respect to
exercising subpoena authority under section
406(a)(4), the following limitations shall
apply to the Committee:
``(I) Any subpoena issued under
this subsection shall be signed by the
Chairperson, and this power is non-
delegable.
``(II) On a quarterly basis, the
Committee shall notify the Committee on
Homeland Security and Governmental
Affairs of the Senate and the Committee
on Oversight and Accountability of the
House of Representatives of any
subpoenas issued during the preceding
quarter.
``(III) The authority to issue a
subpoena under this subsection shall
terminate on the date that is 5 years
after the date of enactment of this
subsection.
``(ii) Transitional rule.--Any subpoena
issued under this subsection prior to the date
in clause (i)(III) shall remain valid and
enforceable after such date.
``(C) Application of sections 552 and 552a.--
``(i) Activities considered civil or
criminal law enforcement activities under
section 552a.--An activity carried out by the
Committee shall be considered a civil or
criminal law enforcement activity for the
purposes of section 552a(b)(7).
``(ii) Principle function of committee.--
The Committee shall be considered to be a
component which performs as its principal
function an activity pertaining to the
enforcement of criminal laws for the purposes
of sections 552 and 552a.
``(iii) Records of the committee.--Thee
records of the Committee may be considered as
constituting investigatory material compiled
for law enforcement purposes for the purposes
of sections 552 and 552a.
``(8) Refusal of information or assistance.--Whenever
information or assistance requested by the Committee or an
Inspector General is unreasonably refused or not provided by an
individual or entity, the Committee shall immediately report
the circumstances to the appropriate congressional committees.
``(9) Use of information technology resources.--The
Committee shall leverage the information technology resources
of the Council, such as oversight.gov and those developed by
the Pandemic Response Accountability Committee established
under section 15010 of the CARES Act (Public Law 116-136; 135
Stat. 533), to carry out the duties of the Committee.
``(10) Contracts.--The Committee may enter into contracts
to enable the Committee to discharge its duties, including
contracts and other arrangements for audits, studies, analyses,
and other services with public agencies and with private
persons, and make such payments as may be necessary to carry
out the duties of the Committee.
``(11) Subcommittees.--The Committee may establish
subcommittees to facilitate the ability of the Committee to
discharge its duties.
``(12) Transfer of funds, assets, and obligations.--The
Committee may transfer funds appropriated to the Committee--
``(A) for expenses to support administrative
support services and audits, reviews, or other
activities related to oversight by the Committee of
covered funds to any Office of the Inspector General or
the General Services Administration; and
``(B) to reimburse the Council for the use of the
resources described under paragraph (10).
``(13) Additional staff.--
``(A) General hiring authority.--
``(i) In general.--Subject to subparagraph
(B), the Committee may exercise the authorities
of subsections (b) through (i) of section 3161
(without regard to subsection (a) of that
section) to meet temporary or urgent needs of
the Committee under this subsection, as
certified by the Chairperson to the appropriate
congressional committees that such temporary or
urgent needs exist, as if the Committee were a
temporary organization.
``(ii) Head of organization.--For purposes
of exercising the authorities described in
subparagraph (A), the term `Chairperson' shall
be substituted for the term `head of a
temporary organization'.
``(iii) Consultation.--In exercising the
authorities described in subparagraph (A), the
Chairperson shall consult with members of the
Committee.
``(iv) Additional detailees.--In addition
to the authority provided by section 3161(c),
upon the request of an Inspector General, the
Committee may detail, on a nonreimbursable
basis, any personnel of the Committee to that
Inspector General to assist in carrying out any
audit, review, or investigation pertaining to
the oversight of covered funds.
``(v) Limitations.--In exercising the
employment authorities under section 3161(b),
as provided under subparagraph (A) of this
paragraph section 3161(b)(2) (relating to
periods of appointments) shall not apply.
``(B) Competitive service.--A person employed by
the Committee shall acquire competitive status and may
be appointed to any position in the competitive service
for which the employee possesses the required
qualifications upon the completion of 2 years of
continuous service as an employee pursuant to this
subsection.
``(C) Annuitants.--
``(i) In general.--The Committee may employ
annuitants covered by section 9902(g) for
purposes of the oversight of covered funds.
``(ii) Treatment of annuitants.--The
employment of annuitants under this paragraph
shall be subject to the provisions of section
9902(g), as if the Committee was the Department
of Defense.
``(14) Provision of information.--
``(A) Requests.--Upon request of the Committee for
information or assistance from the head of any agency
or other entity of the Federal Government pursuant to
the authorities provided under section 406(a)(1), the
head of such agency or entity shall, insofar as is
practicable and not in contravention of any other
Federal law, furnish such information or assistance to
the Committee, or an authorized designee thereof,
including an Inspector General designated by the
Chairperson.
``(B) Inspectors general.--Any Inspector General
responsible for conducting oversight related to any
covered funds shall, consistent with the duties,
responsibilities, policies, and procedures of the
Inspector General, provide information requested by the
Committee or an Inspector General on the Committee
relating to the responsibilities of the Committee.
``(15) Website.--Not later than 30 days after the date of
enactment of this subsection, the Committee shall, to foster
greater accountability and transparency in the use of covered
funds, establish and maintain a user-friendly, public-facing
website that--
``(A) has a uniform resource locator that is
descriptive and memorable; and
``(B) shall serve as a portal or gateway to key
information relating to the oversight of covered funds
and provide connections to other Government websites
with related information.
``(16) Coordination.--The Committee shall coordinate its
oversight activities with respect to covered funds with the
Comptroller General of the United States and State auditors as
applicable.
``(17) Rules of construction.--Nothing in this subsection
may be construed to--
``(A) affect any independent authority of an
Inspector General to determine whether to conduct an
audit or investigation of covered funds separate from
the authority provided to the Committee under this
subsection; or
``(B) authorize the Council or any Inspector
General to transfer funds to the Committee for the
purpose of supporting the activities of the
Committee.''.
(b) Effective Date.--This section, and the amendments made by this
section, shall take effect on September 30, 2025.
SEC. 3. TRANSFER OF ASSETS FROM THE PANDEMIC RESPONSE ACCOUNTABILITY
COMMITTEE TO THE GOVERNMENT SPENDING OVERSIGHT COMMITTEE.
(a) Transfer.--Not later than 30 days before the effective date
described under section 2(b), the assets held by or available in
connection with the Pandemic Response Accountability Committee
established under 15010 of the CARES Act (Public Law 116-136; 135 Stat.
540) shall be transferred to the Government Spending Oversight
Committee.
(b) Additional Matters Related to Transfer of Contracts or
Agreements.--
(1) Savings provision.--Any contract or agreement of the
Pandemic Response Accountability Committee that is in effect on
the date on which the contract or agreement is transferred
pursuant to paragraph (1) (or that becomes effective after such
date pursuant to their terms as in effect on such date) shall
continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with the law by the Government Spending Oversight Committee,
any authorized official, a court of competent jurisdiction, or
operation of law.
(2) References.--After the date on which a contract or
agreement is transferred pursuant to paragraph (1), any
reference in a contract or agreement pertaining to the Pandemic
Response Accountability Committee is deemed to refer to the
Government Spending Oversight Committee, and any reference to
the head of the Pandemic Response Accountability Committee is
deemed to refer to the head of the Government Spending
Oversight Committee.
(c) Assets Defined.--In this section, the term ``assets'' includes
contracts, agreements, facilities, property, data, records, obligated
appropriations, unobligated or unexpended balances of appropriations,
any information technology resources developed by the Pandemic Response
Accountability Committee established under section 15010 of the CARES
Act (Public Law 116-136; 135 Stat. 533), and other funds or resources
(other than personnel).
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