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.