[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4036 Reported in Senate (RS)]
<DOC>
Calendar No. 431
118th CONGRESS
2d Session
S. 4036
[Report No. 118-186]
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, Mr. Romney, Mr. Lankford, and Ms. Rosen)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
July 8, 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Government Spending
Oversight Act of 2024''.</DELETED>
<DELETED>SEC. 2. GOVERNMENT SPENDING OVERSIGHT COMMITTEE.</DELETED>
<DELETED> (a) In General.--Section 424 of title 5, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(f) Government Spending Oversight Committee.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Agency.--The term `agency' has the
meaning given the term in section 551 of this
title.</DELETED>
<DELETED> ``(B) Appropriate congressional
committees.--The term `appropriate congressional
committees' means--</DELETED>
<DELETED> ``(i) the Committees on
Appropriations of the Senate and the House of
Representatives;</DELETED>
<DELETED> ``(ii) the Committee on Homeland
Security and Governmental Affairs of the
Senate;</DELETED>
<DELETED> ``(iii) the Committee on Oversight
and Accountability of the House of
Representatives; and</DELETED>
<DELETED> ``(iv) any other relevant
congressional committee of
jurisdiction.</DELETED>
<DELETED> ``(C) Chairperson.--The term `Chairperson'
means the Chairperson of the Committee.</DELETED>
<DELETED> ``(D) Committee.--The term `Committee'
means the Government Spending Oversight Committee
established under paragraph (2).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) division A or B of the CARES
Act (Public Law 116-136);</DELETED>
<DELETED> ``(ii) the Coronavirus
Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-
123);</DELETED>
<DELETED> ``(iii) the Families First
Coronavirus Response Act (Public Law 116-
127);</DELETED>
<DELETED> ``(iv) the Paycheck Protection
Program and Health Care Enhancement Act (Public
Law 116-139);</DELETED>
<DELETED> ``(v) division M or N of the
Consolidated Appropriations Act, 2021 (Public
Law 116-260);</DELETED>
<DELETED> ``(vi) the American Rescue Plan
Act of 2021 (Public Law 117-2);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(viii) unemployment
compensation, as defined in section 85 of the
Internal Revenue Code of 1986;</DELETED>
<DELETED> ``(ix) the Infrastructure
Investment and Jobs Act (Public Law 117-
58);</DELETED>
<DELETED> ``(x) the Inflation Reduction Act
(Public Law 117-169);</DELETED>
<DELETED> ``(xi) the Honoring our PACT Act
of 2022 (Public Law 117-168); or</DELETED>
<DELETED> ``(xii) the CHIPS Act of 2022
(division A of Public Law 117-167) (commonly
known as the `CHIPS and Science Act of
2022').</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) prevent and detect fraud, waste,
abuse, and mismanagement; and</DELETED>
<DELETED> ``(B) mitigate major risks that cut across
program and agency boundaries.</DELETED>
<DELETED> ``(3) Chairperson.--The Chairperson of the
Committee--</DELETED>
<DELETED> ``(A) shall be selected by the Chairperson
of the Council from among Inspectors General appointed
by the President and confirmed by the Senate;
and</DELETED>
<DELETED> ``(B) should have with experience managing
oversight of large organizations and
expenditures.</DELETED>
<DELETED> ``(4) Membership.--The members of the Committee
shall include--</DELETED>
<DELETED> ``(A) the Chairperson;</DELETED>
<DELETED> ``(B) the Inspector General of the
Department of the Labor;</DELETED>
<DELETED> ``(C) the Inspector General of the
Department of Health and Human Services;</DELETED>
<DELETED> ``(D) the Inspector General of the Small
Business Administration;</DELETED>
<DELETED> ``(E) the Inspector General of the
Department of the Treasury;</DELETED>
<DELETED> ``(F) the Inspector General of the
Department of Transportation;</DELETED>
<DELETED> ``(G) the Treasury Inspector General for
Tax Administration;</DELETED>
<DELETED> ``(H) the Inspector General of the
Department of Veterans Affairs;</DELETED>
<DELETED> ``(I) the Inspector General of the
Department of Commerce;</DELETED>
<DELETED> ``(J) the Inspector General of the
Department of Justice;</DELETED>
<DELETED> ``(K) the Inspector General of the
Department of Defense;</DELETED>
<DELETED> ``(L) the Inspector General of the
Department of Education;</DELETED>
<DELETED> ``(M) the Inspector General of the
Department of Homeland Security; and</DELETED>
<DELETED> ``(N) any other Inspector General, as
designated by the Chairperson, from any agency that
expends or obligates covered funds.</DELETED>
<DELETED> ``(5) Executive director.--</DELETED>
<DELETED> ``(A) In general.--There shall be an
Executive Director of the Committee.</DELETED>
<DELETED> ``(B) Appointment; qualifications.--The
Executive Director of the Committee shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) have demonstrated ability
in accounting, auditing, financial analysis,
law, management analysis, public
administration, or investigations;</DELETED>
<DELETED> ``(iii) have experience managing
oversight of large organizations and
expenditures; and</DELETED>
<DELETED> ``(iv) be full-time employees of
the Committee.</DELETED>
<DELETED> ``(C) Duties.--The Executive Director of
the Committee shall--</DELETED>
<DELETED> ``(i) report directly to the
Chairperson;</DELETED>
<DELETED> ``(ii) appoint staff of the
Committee, subject to the approval of the
Chairperson, consistent with this
subsection;</DELETED>
<DELETED> ``(iii) supervise and coordinate
Committee functions and staff; and</DELETED>
<DELETED> ``(iv) perform any other duties
assigned to the Executive Director by the
Committee.</DELETED>
<DELETED> ``(6) Prohibition on additional compensation.--
Members of the Committee may not receive additional
compensation for services performed.</DELETED>
<DELETED> ``(7) Duties of the committee.--</DELETED>
<DELETED> ``(A) In general.--The Committee shall
conduct oversight of covered funds and support
Inspectors General in the oversight of covered funds in
order to--</DELETED>
<DELETED> ``(i) detect and prevent fraud,
waste, abuse, and mismanagement; and</DELETED>
<DELETED> ``(ii) identify major risks that
cut across programs and agency
boundaries.</DELETED>
<DELETED> ``(B) General functions.--The Committee,
in coordination with relevant Inspectors General, may--
</DELETED>
<DELETED> ``(i) provide support to, and
collaborate with, relevant Inspectors General
in conducting investigations, audits, and
reviews relating to covered funds, including
through--</DELETED>
<DELETED> ``(I) data
analytics;</DELETED>
<DELETED> ``(II) the sharing of
data, tools, and services;</DELETED>
<DELETED> ``(III) the development
and enhancement of data practices,
analysis, and visualization;
and</DELETED>
<DELETED> ``(IV) any other
appropriate means as determined by the
Committee;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Reporting.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iv) Public availability.--All
reports submitted under this subparagraph shall
be made publicly available and posted on the
website established under paragraph
(16).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(E) Recommendations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) whether the agency
agrees or disagrees with the
recommendations; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(8) Authorities.--</DELETED>
<DELETED> ``(A) In general.--In carrying out the
duties and functions under this subsection with respect
to the oversight of covered funds, the Committee
shall--</DELETED>
<DELETED> ``(i) carry out those duties and
functions in accordance with section 404(b)(1)
of this title;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) be considered to be
conducting civil or criminal law enforcement
activity for the purposes of section 552a(b)(7)
of this title; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) Any subpoena issued under
this subsection shall be signed by the
Chairperson of the Committee, and this power is
non-delegable.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(12) Subcommittees.--The Committee may establish
subcommittees to facilitate the ability of the Committee to
discharge its duties.</DELETED>
<DELETED> ``(13) Transfer of funds, assets, and
obligations.--</DELETED>
<DELETED> ``(A) Funds.--The Committee may transfer
funds appropriated to the Committee--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) to reimburse for services
provided by the Council.</DELETED>
<DELETED> ``(B) Assets and obligations.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(14) Additional staff.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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'.</DELETED>
<DELETED> ``(C) Consultation.--In exercising the
authorities described in subparagraph (A), the
Chairperson shall consult with members of the
Committee.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(E) Limitations.--In exercising the
employment authorities under section 3161(b) of this
title, as provided under subparagraph (A) of this
paragraph--</DELETED>
<DELETED> ``(i) section 3161(b)(2) of this
title (relating to periods of appointments)
shall not apply; and</DELETED>
<DELETED> ``(ii) no period of appointment
may exceed the date on which the Committee
terminates.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(G) Annuitants.--</DELETED>
<DELETED> ``(i) In general.--The Committee
may employ annuitants covered by section
9902(g) of this title for purposes of the
oversight of covered funds.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(15) Provision of information.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(16) Website.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(17) Coordination.--The Committee shall
coordinate its oversight activities with the Comptroller
General of the United States and State auditors.</DELETED>
<DELETED> ``(18) Rules of construction.--Nothing in this
subsection shall be construed to--</DELETED>
<DELETED> ``(A) affect the independent authority of
an Inspector General to determine whether to conduct an
audit or investigation of covered funds; or</DELETED>
<DELETED> ``(B) require the Council or any Inspector
General to provide funding to support the activities of
the Committee.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Effective Date.--This Act and the amendments made by
this Act shall take effect on September 30, 2025.</DELETED>
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--
``(i) 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) Public Law 117-169 (commonly
known as the `Inflation Reduction
Act');
``(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'));
``(ii) any Federal grant of not less than
$50,000; and
``(iii) any intramural payment made
Government wide for research activity.
``(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 programs
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 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
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, 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,
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.
``(D) Notice.--The Chairperson shall provide notice
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight
and Accountability of the House of Representatives when
appointing or removing the Executive Director of 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 major 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)(3)
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,
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 effective date
of this subsection.
``(9) Refusal of information or assistance.-- Whenever
information or assistance requested by the Committee or an
Inspector General on the Committee 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; 134 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; 134 Stat. 533) 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 were
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
effective date 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) Notice.--The Chairperson shall provide notice to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Accountability of the
House of Representatives when designating or removing an
Inspector General from the membership of the Committee under
paragraph (4).
``(19) 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.
``(20) Authorization of appropriations.--
``(A) In general.--For the purposes of carrying out
the mission of the Committee under this subsection,
there are authorized to be appropriated $17,000,000 for
each of fiscal years 2026 and 2027 to carry out the
duties and functions of the Committee.
``(B) Report to congress.--Not later than 1 year
after the effective date of this subsection, the
Chairperson shall submit to the appropriate
congressional committees a report that details the
anticipated future budgetary needs of the Committee.''.
(b) Effective Date.--This Act and the amendments made by this Act
shall take effect on September 30, 2025.
Calendar No. 431
118th CONGRESS
2d Session
S. 4036
[Report No. 118-186]
_______________________________________________________________________
A BILL
To establish a Government Spending Oversight Committee within the
Council of the Inspectors General on Integrity and Efficiency, and for
other purposes.
_______________________________________________________________________
July 8, 2024
Reported with an amendment