HR 257: House Special Committee on Oversight of Federal Funds; create

House Resolution 257

By: Representatives Hugley of the 141st, Park of the 107th, Miller of the 62nd, Frye of the 122nd, Alexander of the 66th, and others

A RESOLUTION

Creating and authorizing the House Special Committee on Oversight of Federal Funds; to provide for the issuance of compulsory process to secure the attendance of witnesses or the production of documents and materials; and for other purposes.

WHEREAS, the use of federal funds as well as compliance with federally required auditing procedures merits close scrutiny and oversight; and

WHEREAS, it is important to collect information from other branches of government, including subpoena and compelled testimony, relating to the use of federal funds and auditing procedures; and

WHEREAS, a complete list of all federal funds received by the state, including the amount, purpose, source, recipients of such funds, criteria for distribution of such funds, and funds not expended and the reasons why, should be compiled and should include:

(1) A copy of the initial Notice of Grant Award from the federal government to this state for the prior three years;

(2) A list of accounts and project ledger names for the recording of expenditures by project detail, the identity of the accounting system used to track costs, and a list of reports used to track costs by project;

(3) The most recent copy of financial statements, balance sheet of funds, income received for funds, and any and all balance sheets related to funds; and

(4) Budget comparisons with actual expenditures on a monthly basis precluding drawdown of federal funds in excess of total funds authorized on the Notice of Grant Award, total funds available for any cost category, either restricted or nonrestricted, on the Notice of Grant Award; and

WHEREAS, reports on the progress of programs funded with federal dollars, including performance data and outcome measures, should be issued on a regular basis, to include:

(1) A listing of accounting entries with evidence to support the entry. A listing of personnel and their responsibilities for receipt, payment, distribution, and recording of federal funds;

(2) A listing of all established tracking expenditure policies and procedures against budget or the funding amounts. If tracked, provide documentation to suffice for the monitoring of tracked funds received and distributed; and

(3) A list of personnel responsible for tracking and monitoring federal funds and projects, including dollar amounts; and

WHEREAS, a complete list of all relevant federal guidelines, regulations, and funding agreements, as well as any waivers or exemptions granted from federal requirements, would be of great value; and

WHEREAS, information on any audits or evaluations conducted on the use of federal funds, including findings and recommendations, and information on any instances of misuse or misappropriation of federal funds, including any investigations and corrective actions taken, should be made available; and

WHEREAS, the General Assembly, of which the House of Representatives is a part, has "the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state" according to Article III, Section VI, Paragraph I of the Georgia Constitution; and

WHEREAS, the Georgia Supreme Court, in Dean v. Bolton, 235 Ga. 544, held that constitutional separation of powers does not prohibit the legislative branch from investigating the official conduct of any person performing duties in any branch of the government; and

WHEREAS, the House of Representatives has the inherent power and authority to conduct investigations into any matter relevant to the administration of existing laws, proposals for new or amended laws, the expenditure of public funds, the conduct of public officers who discharge powers and duties under state law, and any other matter germane to its role as part of the legislative branch of state government; and

WHEREAS, such inherent powers also include the authority to create special committees for the purpose of conducting investigations and to endow such committees with all the inherent powers of investigation possessed by the House of Representatives, including the power to compel the appearance and testimony of witnesses and the production of records and the power to place witnesses under oath or affirmation; and

WHEREAS, in addition to such inherent powers, Code Sections 45-15-17 and 45-15-19 empower the General Assembly to make investigations into the affairs of the state and further authorize compelling the appearance and testimony of witnesses and the production of records and grants, the power to place witnesses under oath or affirmation, and the enforcement of subpoenas issued pursuant thereto; and

WHEREAS, Article III, Section IV, Paragraph IV of the Georgia Constitution provides for the creation of interim committees pursuant to the authority of the General Assembly or of either house.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:

(1) Delegation of authority and creation and authorization of the house special committee. The House of Representatives hereby delegates its powers to the House Special Committee on Oversight of Federal Funds, which is created and authorized.

(2) Members and officers. The committee shall be composed of nine members to be appointed as follows:

(A) A chairperson who shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives;

(B) Four members of the House of Representatives appointed by the House Majority Leader; and

(C) Four members of the House of Representatives appointed by the House Minority Leader.

(3) Powers and duties. The committee is hereby authorized to undertake a legislative investigation into the issues mentioned above or related thereto. For the purpose of conducting any investigation as provided herein, the committee shall have the power to administer oaths; to call any party to testify under oath at such investigations; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. For such purposes, the committee is authorized to issue subpoenas for any witness or to compel the production of any books, records, or papers and is further authorized to undertake such actions as may be necessary to enforce such subpoenas in cases of refusal to obey. The committee may establish rules of operation; provided, however, the committee may not establish rules that authorize one member to issue subpoenas without the consent of the committee as demonstrated by a majority vote at a meeting where a quorum is present or without the express, written consent of the chairperson of the committee.

(4) Meetings. The chairperson shall call all meetings of the committee. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient, including at any time during the interim period occurring following the House of Representatives adjourning sine die, to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.

(5) Allowances and Funding.

(A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated.

(B) The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives.

(6) Report.

(A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation or changes in appropriations, the chairperson shall file a report of the same, subject to subparagraph (C) of this paragraph.

(B) In the event the committee adopts a report that does not include suggestions for proposed legislation or changes in appropriations, the chairperson shall file the report, subject to subparagraph (C) of this paragraph.

(C) No report shall be filed unless the same has been approved by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives.

(D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof.

(7) Abolishment. The committee shall stand abolished on December 15, 2026.