```

[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
```