[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7339 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7339
To establish the Office of the Special Inspector General for
Infrastructure Projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2022
Mr. Meijer (for himself, Mr. Rodney Davis of Illinois, Mr. Gallagher,
Mr. Gibbs, Mr. McKinley, Mr. Newhouse, and Mr. Bacon) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Oversight and
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Office of the Special Inspector General for
Infrastructure Projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible, Better Understanding of
Infrastructure Leveraged Dollars Act'' or the ``Responsible BUILD
Act''.
SEC. 2. SPECIAL INSPECTOR GENERAL FOR INFRASTRUCTURE PROJECTS.
(a) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Banking,
Housing, and Urban Affairs, Environment and Public
Works, and Commerce, Science, and Transportation of the
Senate; and
(B) the Committees on Appropriations, Energy and
Commerce, and Transportation and Infrastructure of the
House of Representatives.
(2) Covered program.--The term ``covered program'' means
any program established by the Secretary of Transportation
pursuant to the Infrastructure Investments and Jobs Act (Public
Law 117-58), including the amendments made by such Act.
(3) Inspector general.--The term ``Inspector General''
means the Special Inspector General for Infrastructure Projects
established under this section.
(4) Office.--The term ``Office'' means the Office of the
Special Inspector General for Infrastructure Projects
established under this section.
(5) State.--The term ``State'' means--
(A) any of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) the United States Virgin Islands;
(F) Guam;
(G) American Samoa; and
(H) any other territory or possession of the United
States.
(b) Establishment.--There is established within the Department of
Transportation the Office of the Special Inspector General for
Infrastructure Projects to--
(1) provide for the independent and objective supervision
of projects carried out under a covered program; and
(2) provide for the independent and objective leadership
and coordination of, and recommendations on, policies designed
to--
(A) promote economic efficiency and effectiveness
in the administration of the covered programs; and
(B) prevent and detect waste, fraud, and abuse in
such programs.
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office shall be the
Special Inspector General for Infrastructure Projects, who
shall be appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--The appointment of the Inspector
General shall be made solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(3) Deadline for appointment.--The appointment of an
individual as Inspector General shall be made not later than 30
days after the date of enactment of this Act.
(4) Compensation.--The annual rate of basic pay of the
Inspector General shall be the annual rate of basic pay
provided for positions at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(5) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector
General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(6) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of Transportation.
(2) Independence to conduct investigations and audits.--No
officer of the Department of Transportation shall prevent or
prohibit the Inspector General from initiating, carrying out,
or completing any audit or investigation related to amounts
appropriated or otherwise made available to carry out a covered
program, or from issuing any subpoena during the course of any
such audit or investigation.
(e) Duties.--
(1) Oversight of spending by the department and states.--
The Inspector General shall conduct, supervise, and coordinate
audits and investigations of the treatment, handling, and
expenditure of amounts appropriated or otherwise made available
to carry out a covered program, including--
(A) audits and investigations with respect to--
(i) the oversight and accounting of the
obligation and expenditure of such amounts;
(ii) the monitoring and review of--
(I) activities funded by such
amounts;
(II) contracts funded by such
amounts; and
(III) the transfer of such amounts
from States to other entities,
including businesses and
nongovernmental entities;
(iii) the maintenance of records by States
on the use of such amounts to facilitate future
audits and investigations;
(iv) overpayments, such as duplicate
payments or duplicate billing; and
(v) any potential unethical or illegal
actions of Federal employees or employees of
States, contractors, or nongovernmental
entities related to the treatment, handling,
obligation, or expenditure of such amounts; and
(B) the referral of findings of any audits and
investigations to the Department of Justice to ensure
further investigations, prosecutions, recovery of
funds, or other remedies.
(2) Other duties related to oversight.--The Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Inspector General considers
appropriate to carry out the duties under paragraph (1).
(3) Duties and responsibilities under inspector general act
of 1978.--Section 4 of the Inspector General Act of 1978 (5
U.S.C. App.) shall apply to the Office established under this
section.
(f) Powers and Authorities.--In carrying out the duties specified
in subsection (e), the Inspector General shall have the authorities
provided in section 6 of the Inspector General Act of 1978 (5 U.S.C.
App.).
(g) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select, appoint,
and employ such officers and employees as may be necessary for
carrying out the duties of the Office, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(2) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) Contracting authority.--To the extent, and in such
amounts, as may be provided in advance by appropriations Acts,
the Inspector General may enter into 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
Office.
(4) Assistance from federal agencies.--
(A) In general.--Upon request of the Inspector
General for information or assistance from any
department, agency, or other entity of a State or the
Federal Government, the head of such entity shall,
insofar as is practicable and not in contravention of
any existing law, furnish such information or
assistance to the Inspector General, or a designee of
the Inspector General.
(B) Reporting of refused assistance.--Whenever
information or assistance requested by the Inspector
General is, in the judgment of the Inspector General,
unreasonably refused or not provided, the Inspector
General shall report the circumstances to the
Department of Justice, as appropriate, and to the
appropriate congressional committees without delay.
(h) Reports.--
(1) Quarterly reports.--
(A) In general.--Not later than 30 days after the
end of each fiscal-year quarter, the Inspector General
shall submit to the appropriate congressional
committees and the Secretary of Transportation a report
summarizing, for the period of such quarter and, to the
extent possible, the period from the end of such
quarter to the time of the submission of the report,
the activities during such period of the Inspector
General and any activities of States that are carried
out pursuant to a covered program.
(B) Contents.--Each report submitted under
subparagraph (A) shall include, for the period covered
by such report, a detailed statement of all
obligations, expenditures, and revenues associated with
a covered program, including the following:
(i) Obligations and expenditures of amounts
made available to carry out a covered program.
(ii) Detailed operating expenses of States
that are related to the use of such amounts.
(iii) In the case of any contract, grant,
agreement, or other funding mechanism described
in paragraph (2)--
(I) the amount of the contract,
grant, agreement, or other funding
mechanism;
(II) a brief summary of the scope
of the contract, grant, agreement, or
other funding mechanism;
(III) a summary of how the State
involved in the contract, grant,
agreement, or other funding mechanism
identified, and solicited offers or
applications from, potential
individuals or entities to perform the
contract or activities under the grant,
agreement, or other funding mechanism;
(IV) a list of the potential
individuals or entities that were
issued solicitations for the offers or
applications; and
(V) the justification and approval
documents on which was based any
determination to use procedures other
than procedures that provide for full
and open competition with respect to
the contract, grant, agreement, or
other funding mechanism.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract,
grant, agreement, or other funding mechanism with any public or
private entity that--
(A) is entered into by a State--
(i) to build or rebuild physical
infrastructure, including infrastructure
related to bridges, roads, highways, waterways,
ports, rail travel, or air travel of such
State; or
(ii) to provide products or services to the
people of such State; and
(B) involves the use of amounts made available to
carry out a covered program.
(3) Submission of report comments to congress.--Not later
than 30 days after receipt of a report under paragraph (1), the
Secretary of Transportation may submit to the appropriate
congressional committees any comments on the matters covered by
the report the Secretary determines appropriate.
(4) Public availability.--The Inspector General and the
Secretary of Transportation, as appropriate, shall publish on a
publicly available website each report required under this
subsection and any comments submitted by the Secretary under
paragraph (3).
(5) Form.--Each report required under this subsection,
including any comments on a report submitted by the Secretary
of Transportation under paragraph (3), shall be submitted in
unclassified form, but may include a classified annex if the
Inspector General or the Secretary, as appropriate, considers
it necessary.
(6) Rule of construction.--Nothing in this subsection shall
be construed to authorize the public disclosure of information
that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(i) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for each fiscal year to carry out this
section.
(j) Termination.--The Office of the Special Inspector General shall
terminate on the date that is 10 years after the date of enactment of
this Act.
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