II 118th CONGRESS 2d Session S. 4036 IN THE SENATE OF THE UNITED STATES March 21, 2024 Mr. Peters (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a Government Spending Oversight Committee within the Council of the Inspectors General on Integrity and Efficiency, and for other purposes.

1. Short title This Act may be cited as the Government Spending Oversight Act of 2024 . 2. Government Spending Oversight Committee (a) In general Section 424 of title 5, United States Code, is amended by adding at the end the following: (f) Government Spending Oversight Committee (1) Definitions In this subsection: (A) Agency The term agency has the meaning given the term in section 551 of this title. (B) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committees on Appropriations of the Senate and the House of Representatives; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iii) the Committee on Oversight and Accountability of the House of Representatives; and (iv) any other relevant congressional committee of jurisdiction. (C) Chairperson The term Chairperson means the Chairperson of the Committee. (D) Committee The term Committee means the Government Spending Oversight Committee established under paragraph (2). (E) Covered funds The term covered funds means any funds, including loans, that are made available in any form to any non-Federal entity or individual, under— (i) division A or B of the CARES Act ( Public Law 116–136 ); (ii) the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ); (iii) the Families First Coronavirus Response Act ( Public Law 116–127 ); (iv) the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ); (v) division M or N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); (vi) the American Rescue Plan Act of 2021 ( Public Law 117–2 ); (vii) any loan guaranteed or made by the Small Business Administration, including any direct loan or guarantee of a trust certificate, under the Small Business Act ( 15 U.S.C. 631 et seq. ), the Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq. ), or any other provision of law; (viii) unemployment compensation, as defined in section 85 of the Internal Revenue Code of 1986; (ix) the Infrastructure Investment and Jobs Act ( Public Law 117–58 ); (x) the Inflation Reduction Act ( Public Law 117–169 ); (xi) the Honoring our PACT Act of 2022 ( Public Law 117–168 ); or (xii) the CHIPS Act of 2022 (division A of Public Law 117–167 ) (commonly known as the CHIPS and Science Act of 2022 ). (2) Establishment There is established within the Council the Government Spending Oversight Committee to promote transparency and conduct and support oversight of covered funds to— (A) prevent and detect fraud, waste, abuse, and mismanagement; and (B) mitigate major risks that cut across program and agency boundaries. (3) Chairperson The Chairperson of the Committee— (A) shall be selected by the Chairperson of the Council from among Inspectors General appointed by the President and confirmed by the Senate; and (B) should have with experience managing oversight of large organizations and expenditures. (4) Membership The members of the Committee shall include— (A) the Chairperson; (B) the Inspector General of the Department of the Labor; (C) the Inspector General of the Department of Health and Human Services; (D) the Inspector General of the Small Business Administration; (E) the Inspector General of the Department of the Treasury; (F) the Inspector General of the Department of Transportation; (G) the Treasury Inspector General for Tax Administration; (H) the Inspector General of the Department of Veterans Affairs; (I) the Inspector General of the Department of Commerce; (J) the Inspector General of the Department of Justice; (K) the Inspector General of the Department of Defense; (L) the Inspector General of the Department of Education; (M) the Inspector General of the Department of Homeland Security; and (N) any other Inspector General, as designated by the Chairperson, from any agency that expends or obligates covered funds. (5) Executive Director (A) In general There shall be an Executive Director of the Committee. (B) Appointment; qualifications The Executive Director of the Committee shall— (i) be appointed by the Chairperson of the Committee, in consultation with the majority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives; (ii) have demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; (iii) have experience managing oversight of large organizations and expenditures; and (iv) be full-time employees of the Committee. (C) Duties The Executive Director of the Committee shall— (i) report directly to the Chairperson; (ii) appoint staff of the Committee, subject to the approval of the Chairperson, consistent with this subsection; (iii) supervise and coordinate Committee functions and staff; and (iv) perform any other duties assigned to the Executive Director by the Committee. (6) Prohibition on additional compensation Members of the Committee may not receive additional compensation for services performed. (7) Duties of the Committee (A) In general The Committee shall conduct oversight of covered funds and support Inspectors General in the oversight of covered funds in order to— (i) detect and prevent fraud, waste, abuse, and mismanagement; and (ii) identify major risks that cut across programs and agency boundaries. (B) General functions The Committee, in coordination with relevant Inspectors General, may— (i) provide support to, and collaborate with, relevant Inspectors General in conducting investigations, audits, and reviews relating to covered funds, including through— (I) data analytics; (II) the sharing of data, tools, and services; (III) the development and enhancement of data practices, analysis, and visualization; and (IV) any other appropriate means as determined by the Committee; (ii) provide analytical products to agencies, in coordination with Inspectors General, to promote program integrity, prevent improper payments, and facilitate verification efforts to ensure proper expenditure and utilization of covered funds; (iii) review the economy, efficiency, and effectiveness in the administration of, and the detection of fraud, waste, abuse, and mismanagement in, programs and operations using covered funds; (iv) review whether there are appropriate mechanisms for interagency collaboration relating to the oversight of covered funds, including coordinating and collaborating to the extent practicable with State and local government entities; and (v) expeditiously report to the Attorney General any instance in which the Committee has reasonable grounds to believe there has been a violation of Federal criminal law. (C) Additional functions The Committee may provide investigative support to prosecutive and enforcement authorities to protect program integrity and prevent, detect, and prosecute fraud of covered funds. (D) Reporting (i) Alerts The Committee shall submit to the President and Congress, including the appropriate congressional committees, management alerts on potential management, risk, and funding problems that require immediate attention. (ii) Reports and updates The Committee shall submit to Congress such other reports or provide such periodic updates on the work of the Committee as the Committee considers appropriate on the use of covered funds. (iii) Biannual reports The Committee shall submit biannual reports to the President and Congress, including the appropriate congressional committees, and may submit additional reports as appropriate summarizing the findings of the Committee and any recommended changes to the scope of covered funds. (iv) Public availability All reports submitted under this subparagraph shall be made publicly available and posted on the website established under paragraph (16). (v) Redactions Any portion of a report submitted under this paragraph may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure under sections 552 and 552a of this title, or is otherwise prohibited from disclosure by law. (E) Recommendations (i) In general The Committee shall make recommendations to agencies on measures to prevent or address fraud, waste, abuse and mismanagement, and to mitigate risks that cut across programs and agency boundaries, relating to covered funds. (ii) Report Not later than 30 days after receipt of a recommendation under clause (i), an agency shall submit a report to the President and the appropriate congressional committees on— (I) whether the agency agrees or disagrees with the recommendations; and (II) any actions the agency will take to implement the recommendations, which shall also be included in the report required under section 2(b) of the GAO–IG Act ( 31 U.S.C. 1105 note; Public Law 115–414 ). (8) Authorities (A) In general In carrying out the duties and functions under this subsection with respect to the oversight of covered funds, the Committee shall— (i) carry out those duties and functions in accordance with section 404(b)(1) of this title; (ii) in coordination with relevant Inspectors General, have the authorities provided under and be subject to paragraphs (1) through (4) of subsection (a) and subsections (h), (j), and (k) of section 406; (iii) be considered to be conducting civil or criminal law enforcement activity for the purposes of section 552a(b)(7) of this title; and (iv) for the purposes of sections 552 and 552a of this title, be considered to be a component which performs as its principal function an activity pertaining to the enforcement of criminal laws, and its records may constitute investigatory material compiled for law enforcement purposes. (B) Limitation on subpoena authority When carrying out subpoena authority under section 406(a)(4) of this title, the following limitations shall apply to the Committee: (i) Any subpoena issued under this subsection shall be signed by the Chairperson of the Committee, and this power is non-delegable. (ii) On a quarterly basis, the Committee shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives of any subpoenas issued during the preceding quarter. (iii) The authority to issue a subpoena under this subsection shall terminate on the date that is 5 years after the date of enactment of this subsection. (9) Refusal of information or assistance Whenever information or assistance requested by the Committee or an Inspector General is unreasonably refused or not provided, the Committee shall immediately report the circumstances to the appropriate congressional committees. (10) Use of existing resources The Committee shall leverage existing information technology resources within the Council, such as oversight.gov and those developed by the Pandemic Response Accountability Committee established under section 15010 of the CARES Act ( Public Law 116–136 ; 135 Stat. 533), to carry out the duties of the Committee. (11) Contracts The Committee may enter into contracts to enable the Committee to discharge its duties, including contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Committee. (12) Subcommittees The Committee may establish subcommittees to facilitate the ability of the Committee to discharge its duties. (13) Transfer of funds, assets, and obligations (A) Funds The Committee may transfer funds appropriated to the Committee— (i) for expenses to support administrative support services and audits, reviews, or other activities related to oversight by the Committee of covered funds to any Office of the Inspector General or the General Services Administration; and (ii) to reimburse for services provided by the Council. (B) Assets and obligations (i) Assets defined In this subparagraph, the term assets includes contracts, agreements, facilities, property, data, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel). (ii) Transfer Upon the effective date of this subsection, the assets and obligations held by or available in connection with the Pandemic Response Accountability Committee established under 15010 of the CARES Act ( Public Law 116–136 ; 135 Stat. 540) shall be transferred to the Committee. (14) Additional staff (A) In general Subject to subparagraph (B), the Committee may exercise the authorities of subsections (b) through (i) of section 3161 of this title (without regard to subsection (a) of that section) to meet temporary or urgent needs of the Committee under this subsection, as certified by the Chairperson to the appropriate congressional committees that such temporary or urgent needs exist, as if the Committee were a temporary organization. (B) Head of organization For purposes of exercising the authorities described in subparagraph (A), the term Chairperson shall be substituted for the term head of a temporary organization . (C) Consultation In exercising the authorities described in subparagraph (A), the Chairperson shall consult with members of the Committee. (D) Additional detailees In addition to the authority provided by section 3161(c) of this title, upon the request of an Inspector General, the Committee may detail, on a nonreimbursable basis, any personnel of the Committee to that Inspector General to assist in carrying out any audit, review, or investigation pertaining to the oversight of covered funds. (E) Limitations In exercising the employment authorities under section 3161(b) of this title, as provided under subparagraph (A) of this paragraph— (i) section 3161(b)(2) of this title (relating to periods of appointments) shall not apply; and (ii) no period of appointment may exceed the date on which the Committee terminates. (F) Competitive service A person employed by the Committee shall acquire competitive status and conditional tenure for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this subsection. (G) Annuitants (i) In general The Committee may employ annuitants covered by section 9902(g) of this title for purposes of the oversight of covered funds. (ii) Treatment of annuitants The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of this title, as if the Committee was the Department of Defense. (15) Provision of information (A) Requests Upon request of the Committee for information or assistance from any agency or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, and consistent with section 406 of this title, furnish such information or assistance to the Committee, or an authorized designee, including an Inspector General designated by the Chairperson. (B) Inspectors General Any Inspector General responsible for conducting oversight related to covered funds may, consistent with the duties, responsibilities, policies, and procedures of the Inspector General, provide information requested by the Committee or an Inspector General on the Committee relating to the responsibilities of the Committee. (16) Website (A) In general Not later than 30 days after the date of enactment of this subsection, the Committee shall establish and maintain a user-friendly, public-facing website— (i) to foster greater accountability and transparency in the use of covered funds, which shall have a uniform resource locator that is descriptive and memorable; and (ii) that shall be a portal or gateway to key information relating to the oversight of covered funds and provide connections to other Government websites with related information. (17) Coordination The Committee shall coordinate its oversight activities with the Comptroller General of the United States and State auditors. (18) Rules of construction Nothing in this subsection shall be construed to— (A) affect the independent authority of an Inspector General to determine whether to conduct an audit or investigation of covered funds; or (B) require the Council or any Inspector General to provide funding to support the activities of the Committee. (19) Authorization of appropriations For the purposes of carrying out the mission of the Committee under this subsection, there are authorized to be appropriated such sums as may be necessary to carry out the duties and functions of the Committee. . (b) Effective date This Act and the amendments made by this Act shall take effect on September 30, 2025.