[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4036 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4036
To establish a Government Spending Oversight Committee within the
Council of the Inspectors General on Integrity and Efficiency, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2024
Mr. Peters (for himself and Mr. Romney) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
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 of this title.
``(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) division A or B of 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 CHIPS Act of 2022 (division A
of Public Law 117-167) (commonly known as the
`CHIPS and Science Act of 2022').
``(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) Membership.--The members of the Committee shall
include--
``(A) the Chairperson;
``(B) the Inspector General of the Department of
the Labor;
``(C) the Inspector General of the Department of
Health and Human Services;
``(D) the Inspector General of the Small Business
Administration;
``(E) the Inspector General of the Department of
the Treasury;
``(F) the Inspector General of the Department of
Transportation;
``(G) the Treasury Inspector General for Tax
Administration;
``(H) the Inspector General of the Department of
Veterans Affairs;
``(I) the Inspector General of the Department of
Commerce;
``(J) the Inspector General of the Department of
Justice;
``(K) the Inspector General of the Department of
Defense;
``(L) the Inspector General of the Department of
Education;
``(M) the Inspector General of the Department of
Homeland Security; and
``(N) any other Inspector General, as designated by
the Chairperson, from any agency that expends or
obligates covered funds.
``(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 of
the Committee, 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 full-time employees 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,
consistent with this subsection;
``(iii) supervise and coordinate Committee
functions and staff; and
``(iv) perform any other duties assigned to
the Executive Director by the Committee.
``(6) Prohibition on additional compensation.--Members of
the Committee may not receive additional compensation for
services performed.
``(7) Duties of the committee.--
``(A) In general.--The Committee shall conduct
oversight of covered funds and support Inspectors
General in the oversight of covered funds in order to--
``(i) detect and prevent fraud, waste,
abuse, and mismanagement; and
``(ii) identify major risks that cut across
programs and agency boundaries.
``(B) General functions.--The Committee, in
coordination with relevant Inspectors General, may--
``(i) provide support to, and collaborate
with, relevant Inspectors 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 Inspectors
General, 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.
``(C) Additional functions.--The Committee may
provide investigative support to prosecutive and
enforcement authorities to protect program integrity
and prevent, detect, and prosecute fraud of covered
funds.
``(D) 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 other 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 summarizing
the findings of the Committee and any
recommended changes to the scope of covered
funds.
``(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 of
this title, or is otherwise prohibited from
disclosure by law.
``(E) Recommendations.--
``(i) In general.--The Committee shall make
recommendations to agencies on measures to
prevent or address fraud, waste, abuse and
mismanagement, 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), an agency shall submit a report to the
President and the appropriate congressional
committees on--
``(I) whether the agency agrees or
disagrees with the recommendations; and
``(II) any actions the agency will
take to implement the recommendations,
which shall also be included in the
report required under section 2(b) of
the GAO-IG Act (31 U.S.C. 1105 note;
Public Law 115-414).
``(8) Authorities.--
``(A) In general.--In carrying out the duties and
functions under this subsection with respect to the
oversight of covered funds, the Committee shall--
``(i) carry out those duties and functions
in accordance with section 404(b)(1) of this
title;
``(ii) in coordination with relevant
Inspectors General, 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;
``(iii) be considered to be conducting
civil or criminal law enforcement activity for
the purposes of section 552a(b)(7) of this
title; and
``(iv) for the purposes of sections 552 and
552a of this title, be considered to be a
component which performs as its principal
function an activity pertaining to the
enforcement of criminal laws, and its records
may constitute investigatory material compiled
for law enforcement purposes.
``(B) Limitation on subpoena authority.--When
carrying out subpoena authority under section 406(a)(4)
of this title, the following limitations shall apply to
the Committee:
``(i) Any subpoena issued under this
subsection shall be signed by the Chairperson
of the Committee, 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.
``(9) Refusal of information or assistance.--Whenever
information or assistance requested by the Committee or an
Inspector General is unreasonably refused or not provided, the
Committee shall immediately report the circumstances to the
appropriate congressional committees.
``(10) Use of existing resources.--The Committee shall
leverage existing information technology resources within 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.
``(11) 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.
``(12) Subcommittees.--The Committee may establish
subcommittees to facilitate the ability of the Committee to
discharge its duties.
``(13) Transfer of funds, assets, and obligations.--
``(A) Funds.--The Committee may transfer funds
appropriated to the Committee--
``(i) 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
``(ii) to reimburse for services provided
by the Council.
``(B) Assets and obligations.--
``(i) Assets defined.--In this
subparagraph, the term `assets' includes
contracts, agreements, facilities, property,
data, records, unobligated or unexpended
balances of appropriations, and other funds or
resources (other than personnel).
``(ii) Transfer.--Upon the effective date
of this subsection, the assets and obligations
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 Committee.
``(14) Additional staff.--
``(A) In general.--Subject to subparagraph (B), the
Committee may exercise the authorities of subsections
(b) through (i) of section 3161 of this title (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.
``(B) 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'.
``(C) Consultation.--In exercising the authorities
described in subparagraph (A), the Chairperson shall
consult with members of the Committee.
``(D) Additional detailees.--In addition to the
authority provided by section 3161(c) of this title,
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.
``(E) Limitations.--In exercising the employment
authorities under section 3161(b) of this title, as
provided under subparagraph (A) of this paragraph--
``(i) section 3161(b)(2) of this title
(relating to periods of appointments) shall not
apply; and
``(ii) no period of appointment may exceed
the date on which the Committee terminates.
``(F) Competitive service.--A person employed by
the Committee shall acquire competitive status and
conditional tenure for appointment 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 under this subsection.
``(G) Annuitants.--
``(i) In general.--The Committee may employ
annuitants covered by section 9902(g) of this
title 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) of this title, as if the Committee was
the Department of Defense.
``(15) Provision of information.--
``(A) Requests.--Upon request of the Committee for
information or assistance from any agency or other
entity of the Federal Government, the head of such
entity shall, insofar as is practicable and not in
contravention of any existing law, and consistent with
section 406 of this title, furnish such information or
assistance to the Committee, or an authorized designee,
including an Inspector General designated by the
Chairperson.
``(B) Inspectors general.--Any Inspector General
responsible for conducting oversight related to covered
funds may, 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.
``(16) Website.--
``(A) In general.--Not later than 30 days after the
date of enactment of this subsection, the Committee
shall establish and maintain a user-friendly, public-
facing website--
``(i) to foster greater accountability and
transparency in the use of covered funds, which
shall have a uniform resource locator that is
descriptive and memorable; and
``(ii) that shall be a portal or gateway to
key information relating to the oversight of
covered funds and provide connections to other
Government websites with related information.
``(17) Coordination.--The Committee shall coordinate its
oversight activities with the Comptroller General of the United
States and State auditors.
``(18) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) affect the independent authority of an
Inspector General to determine whether to conduct an
audit or investigation of covered funds; or
``(B) require the Council or any Inspector General
to provide funding to support the activities of the
Committee.
``(19) Authorization of appropriations.--For the purposes
of carrying out the mission of the Committee under this
subsection, there are authorized to be appropriated such sums
as may be necessary to carry out the duties and functions of
the Committee.''.
(b) Effective Date.--This Act and the amendments made by this Act
shall take effect on September 30, 2025.
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