[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)