118 S5098 RS: TRUE Accountability Act U.S. Senate 2024-12-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 685118th CONGRESS2d SessionS. 5098[Report No. 118–282]IN THE SENATE OF THE UNITED STATESSeptember 18, 2024Mr. Lankford (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 9, 2024Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo require certain agencies to develop plans for internal control in the event of an emergency or crisis, and for other purposes.
1.
Short title
This Act may be cited as the Taxpayer Resources Used in Emergencies Accountability Act or the TRUE Accountability Act.
2.
OMB Guidance
(a)
Definitions
In this section:(1)
Covered agency
The term covered agency means an agency described in section 901(b) of title 31, United States Code.(2)
Director
The term Director means the Director of the Office of Management and Budget.(3)
Internal control
The term internal control means a process that is—(A)effected by the management and other personnel of an entity; and(B)designed to provide reasonable assurance with respect to the achievement of objectives relating to—(i)effectiveness and efficiency of operations;(ii)reliability of financial reporting; and(iii)compliance with applicable law.(b)
Guidance
(1)
In general
Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance to covered agencies for the development of plans for internal control that are ready or adaptable for immediate use in future emergencies or crises.(2)
Contents
The guidance issued under paragraph (1) shall—(A)be in alignment with the documents of the Government Accountability Office entitled A Framework for Managing Improper Payments in Emergency Assistance Programs and A Framework for Managing Fraud Risks in Federal Programs; and(B)require plans for internal control of covered agencies to include—(i)the identification of a senior official of the covered agency to be responsible and accountable for the implementation of the plan; and(ii)policies and procedures to timely—(I)assess the risks of improper payments and fraud relating to the implementation of any supplemental appropriation, or other increase in budget authority, that may be made available to the covered agency for a purpose relating to disaster relief or response to a public health or other emergency; and(II)develop and implement appropriate responses to the risks described in subclause (I), including any changes to internal controls, to ensure that, to the greatest extent possible, appropriate controls are in place prior to the expenditure of funds.(3)
Review
Not later than 3 years after the date on which guidance is issued under paragraph (1), and not less frequently than once every 3 years thereafter, the Director shall review and, as necessary, revise the guidance.(c)
Plan submission
(1)
In general
Not later than 1 year after the date of enactment of this Act, the head of each covered agency head shall submit to the Director the plan of the covered agency required under the guidance issued under subsection (b)(1).(2)
Revisions
Not later than 3 years after the date on which the head of a covered agency submits a plan under paragraph (1), and not less frequently than once every 3 years thereafter, the head of each covered agency shall—(A)review and, if necessary, revise the plan of the covered agency; and(B)submit to the Director any revised plan of the covered agency.(3)
Submission to Congress
Not later than 1 year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Director shall submit to Congress the plans submitted by covered agencies under this subsection.(d)
Unavailability of judicial review
A determination, finding, action, or omission under this section by the Director or the head of a covered agency shall not be subject to judicial review.
1.
Short title
This Act may be cited as the Taxpayer Resources Used in Emergencies Accountability Act or the TRUE Accountability Act.
2.
OMB Guidance
(a)
Definitions
In this section:(1)
Covered agency
The term covered agency means an agency described in section 901(b) of title 31, United States Code.(2)
Director
The term Director means the Director of the Office of Management and Budget.(3)
Internal control
The term internal control means a process that is—(A)effected by the management and other personnel of an entity; and(B)designed to provide reasonable assurance with respect to the achievement of objectives relating to—(i)effectiveness and efficiency of operations;(ii)reliability of financial reporting; and(iii)compliance with applicable law.(b)
Guidance
(1)
In general
Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance to covered agencies for the development of plans for internal control that are ready or adaptable for immediate use in future emergencies or crises.(2)
Contents
The guidance issued under paragraph (1) shall—(A)be in alignment with the documents of the Government Accountability Office entitled A Framework for Managing Improper Payments in Emergency Assistance Programs and A Framework for Managing Fraud Risks in Federal Programs; and(B)require plans for internal control of covered agencies to include—(i)the identification of a senior official of the covered agency to be responsible and accountable for the implementation of the plan; and(ii)policies and procedures to timely—(I)assess the risks of improper payments and fraud relating to the implementation of any supplemental appropriation, or other increase in budget authority, that may be made available to the covered agency for a purpose relating to disaster relief or response to a public health or other emergency; and(II)develop and implement appropriate responses to the risks described in subclause (I), including any changes to internal controls, to ensure that, to the greatest extent possible, appropriate controls are in place prior to the expenditure of funds.(3)
Review
Not later than 3 years after the date on which guidance is issued under paragraph (1), and not less frequently than once every 3 years thereafter, the Director shall review and, as necessary, revise the guidance.(c)
Plan submission
(1)
In general
Not later than 1 year after the date of enactment of this Act, the head of each covered agency head shall submit to the Director the plan of the covered agency required under the guidance issued under subsection (b)(1).(2)
Revisions
Not later than 3 years after the date on which the head of a covered agency submits a plan under paragraph (1), and not less frequently than once every 3 years thereafter, the head of each covered agency shall—(A)review and, if necessary, revise the plan of the covered agency; and(B)submit to the Director any revised plan of the covered agency.(3)
Submission to Congress
Not later than 1 year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Director shall submit to Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives the plans submitted by covered agencies under this subsection.(d)
Unavailability of judicial review
A determination, finding, action, or omission under this section by the Director or the head of a covered agency shall not be subject to judicial review.(e)
No additional funds
No additional funds are authorized to be appropriated for the purpose of carrying out this Act.
December 9, 2024Reported with an amendment