S.Amdt. 1716Senate117th Congress (2021-2023)2nd degree
S.Amdt. 1716
Sponsored by
Sen. Mike Lee (R-UT)
Submitted May 20, 2021
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Senate amendment submitted
May 20, 2021
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Submitted
SA 1716. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows: SEC. __. ACCOUNTABILITY AND TRANSPARENCY TASK FORCE. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``Chairperson'' means the chairperson of the Task Force; (3) the term ``covered funds'' means any loan, loan guarantee, grant, or any other funds received or distributed under this section; and (4) the term ``Task Force'' means the Accountability and Transparency Task Force established under subsection (b). (b) Establishment.--There is established the Accountability and Transparency Task Force to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse. (c) Composition of the Task Force.-- (1) Chairperson.--The Chairperson of the Task Force shall be the Director of the Office of Management and Budget. (2) Members.--The members of the Task Force shall include the Inspector General or analogous officer of any agency that receives and distributes covered funds. (3) Compensation.--No member of the Task Force shall receive any additional compensation for serving on the Task Force. (d) Functions of the Task Force.-- (1) Functions.-- (A) In general.--The Task Force shall coordinate and conduct oversight of covered funds in order to prevent fraud, waste, and abuse. (B) Specific functions.--The functions of the Task Force shall include-- (i) reviewing whether the reporting of covered funds meets applicable standards and specifies the purpose of the use of the covered funds and measures of performance; (ii) reviewing whether competition requirements applicable to covered funds have been satisfied; (iii) auditing or reviewing covered funds to determine whether wasteful spending, poor management of covered funds, or other abuses are occurring and referring matters it considers appropriate for investigation to the inspector general for the agency that disbursed the covered funds; (iv) reviewing whether there are sufficient qualified acquisition and grant personnel overseeing covered funds; (v) reviewing whether personnel whose duties involve acquisitions or the use of covered funds receive adequate training; and (vi) reviewing whether there are appropriate mechanisms for interagency collaboration relating to covered funds, including coordinating and collaborating to the extent practicable with the Council of the Inspectors General on Integrity and Efficiency. (2) Reports.-- (A) Monthly and other reports.-- (i) Monthly.--The Task Force shall submit to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, and any member of Congress upon request, monthly reports on potential management and funding problems relating to covered funds that require immediate attention. (ii) Additional reports.--The Task Force shall submit to the President, Congress, and any member of Congress upon request such [[Page S3205]] other reports as the Task Force considers appropriate on the use and benefits of covered funds. (B) Quarterly and other reports.--The Task Force shall submit quarterly reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, and any member of Congress upon request, summarizing the findings of the Task Force and the findings of the members of the Task Force, and may submit additional reports as appropriate. (C) Annual reports.--The Task Force shall submit annual reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, and any member of Congress upon request, consolidating applicable quarterly reports on the use of covered funds. (D) Public availability.-- (i) In general.--All reports submitted under this paragraph shall be made publicly available and posted on the website established under subsection (f). (ii) 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 title 5, United States Code. (3) Recommendations.-- (A) In general.--The Task Force shall make recommendations to agencies on measures to prevent fraud, waste, and abuse relating to covered funds. (B) Responsive reports.--Not later than 30 days after receipt of a recommendation under subparagraph (A), an agency shall submit a report to the President, the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, and the Task Force on-- (i) whether the agency agrees or disagrees with the recommendations; and (ii) any actions the agency will take to implement the recommendations. (e) Powers of the Task Force.-- (1) In general.--The Task Force shall conduct audits and reviews of spending of covered funds and coordinate on such activities with the Inspector General of the relevant agency to avoid duplication and overlap of work. (2) Audits and reviews.--The Task Force may-- (A) conduct its own independent audits and reviews relating to covered funds; and (B) collaborate on audits and reviews relating to covered funds with any Inspector General of an agency. (3) Authorities.-- (A) Audits and reviews.--In conducting audits and reviews, the Task Force-- (i) shall have the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.); and (ii) may issue subpoenas to compel the testimony of persons who are not Federal officers or employees and may enforce such subpoenas in the same manner as provided for subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (B) Standards and guidelines.--The Task Force shall carry out the powers under paragraphs (1) and (2) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.). (4) Public hearings.--The Task Force may hold public hearings and Task Force personnel may conduct necessary inquiries. The head of each agency shall make all officers and employees of that agency available to provide testimony to the Task Force and Task Force personnel. The Task Force may issue subpoenas to compel the testimony of persons who are not Federal officers or employees at such public hearings. Any such subpoenas may be enforced in the same manner as provided for subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (f) Task Force Website.-- (1) Establishment.--Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall establish and maintain a user- friendly, public-facing website to foster greater accountability and transparency in the use of covered funds. (2) Purpose.--The website established and maintained under paragraph (1) shall be a portal or gateway to key information relating to this section and provide connections to other Government websites with related information. (3) Content and function.--In establishing the website established and maintained under paragraph (1), the Task Force shall ensure the following: (A) The website shall provide materials explaining what this section means for citizens. The materials shall be easy to understand and regularly updated. (B) The website shall provide accountability information, including findings from audits, inspectors general, and the Government Accountability Office. (C) The website shall provide data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use of covered funds. (D) The website shall provide detailed data on covered funds awarded by the Federal Government, including information about the competitiveness of the contracting process, information about the process that was used for the award of covered funds, and for covered funds over $500,000, a summary of any related contract. (E) The website shall include printable reports on covered funds obligated by month to each State and congressional district. (F) The website shall provide a means for the public to give feedback on the performance of activities carried out with covered funds. (G) The website shall include detailed information on the expenditure by the Federal Government of covered funds, to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. (H) The website shall provide a link to estimates of the jobs sustained or created by this section. (I) The website shall provide a link to information about announcements of grant competitions and solicitations for contracts to be awarded. (J) The website shall include appropriate links to other government websites with information concerning covered funds, including Federal agency and State websites. (K) The website shall include a plan from each Federal agency for using funds made available in this section to the agency. (L) The website shall provide information on Federal allocations of formula grants and awards of competitive grants using covered funds. (M) The website shall provide information on Federal allocations of mandatory and other entitlement programs by State, county, or other appropriate geographical unit. (N) The website shall be enhanced and updated as necessary to carry out the purposes of this section. (4) Waiver.--The Task Force may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. (g) Independence of Inspectors General.-- (1) Independent authority.--Nothing in this section shall affect the independent authority of an inspector general to determine whether to conduct an audit or investigation of covered funds. (2) Requests by task force.--If the Task Force requests that an Inspector General of an agency conduct or refrain from conducting an audit or investigation and the Inspector General rejects the request in whole or in part-- (A) the Inspector General shall, not later than 30 days after rejecting the request, submit a report to the Task Force, the head of the applicable agency, and the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, that states the reasons that the Inspector General has rejected the request in whole or in part; and (B) the decision of the Inspector General shall be final. (h) Coordination With the Comptroller General and State Auditors.--The Task Force shall coordinate its oversight activities with the Comptroller General of the United States and State auditors. (i) Termination of the Task Force.--The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act. ______