S.Amdt. 1716Senate117th Congress (2021-2023)2nd degree

S.Amdt. 1716

Sponsored by Mike LeeSen. Mike Lee (R-UT)
Submitted May 20, 2021

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Senate amendment submitted

May 20, 2021

Text

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

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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.
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