SIGSSAW Act
Bill: H.R.5985 | Sponsor: Rep. Malliotakis, Nicole (R-NY)
Policy area: Government Operations and Politics

Summary:
SIGSSAW Act
This bill establishes the Office of the Special Inspector General (SIG) for State Spending and Waste.
Specifically, the SIG must
Whenever information or assistance requested by the SIG is unreasonably refused or not provided, the SIG shall report the circumstances to the Department of Justice and to the appropriate congressional committees without delay.
The SIG shall report on a quarterly basis to such committees and to the Department of Housing and Urban Development.

To establish the Office of the Special Inspector General for State 
              Spending and Waste, 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 ``SIGSSAW Act''.

SEC. 2. SPECIAL INSPECTOR GENERAL FOR STATE SPENDING AND WASTE.

    (a) Purposes.--The purposes of this section are as follows:
            (1) To provide for the independent and objective conduct 
        and supervision of audits and investigations relating to the 
        programs and operations funded with amounts appropriated or 
        otherwise made available for use by States.
            (2) To provide for the independent and objective leadership 
        and coordination of, and recommendations on, policies designed 
        to--
                    (A) promote economy efficiency, and effectiveness 
                in the administration of the programs and operations 
                described in paragraph (1); and
                    (B) prevent and detect waste, fraud, and abuse in 
                such programs and operations.
    (b) Office of Inspector General.--There is hereby established the 
Office of the Special Inspector General for State Spending and Waste to 
carry out the purposes of subsection (a).
    (c) Appointment of Inspector General; Removal.--
            (1) Appointment.--The head of the Office is the Special 
        Inspector General for State Spending and Waste, who shall be 
        appointed by the President.
            (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 the 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 Housing and Urban 
        Development.
            (2) Independence to conduct investigations and audits.--No 
        officer of the Department of Housing and Urban Development 
        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 for use by States with or from issuing any subpoena 
        during the course of any such audit or investigation.
    (e) Duties.--
            (1) Oversight of spending by states.--It shall be the duty 
        of the Inspector General to conduct, supervise, and coordinate 
        audits and investigations of the treatment, handling, and 
        expenditure of amounts appropriated or otherwise made available 
        for use by States (and of the programs, operations, and 
        contracts carried out using such funds) including--
                    (A) audits and investigations with respect to--
                            (i) the oversight and accounting of the 
                        obligation and expenditure of such funds;
                            (ii) the monitoring and review of--
                                    (I) activities funded by such 
                                funds;
                                    (II) contracts funded by such 
                                funds; and
                                    (III) the transfer of such funds 
                                from States to other entities, 
                                including businesses and 
                                nongovernmental entities;
                            (iii) the maintenance of records by States 
                        on the use of such funds 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 funds; and
                    (B) the referral of findings of such audits and 
                investigations (as necessary) 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 discharge the duties specified under paragraph 
        (1).
            (3) Duties and responsibilities under inspector general act 
        of 1978.--In addition to the duties specified in paragraphs (1) 
        and (2), the Inspector General shall also have the duties and 
        responsibilities of Inspectors General under the Inspector 
        General Act of 1978 (5 U.S.C. App.).
            (4) Audit standards.--The Inspector General shall carry out 
        the duties specified in paragraph (1) in accordance with 
        section 4(b)(1) of the Inspector General Act of 1978.
    (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, including 
the authorities under section 6(e).
    (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 Inspector General, 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 
        Inspector General.
            (4) Resources.--The Secretary of Housing and Urban 
        Development, as appropriate, shall provide the Inspector 
        General with appropriate and adequate office space at 
        appropriate locations of the Department of Housing and Urban 
        Development, together with such equipment, office supplies, and 
        communications facilities and services as may be necessary for 
        the operation of such offices, and shall provide necessary 
        maintenance services for such offices and the equipment and 
        facilities located therein.
            (5) 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.--Not later than 30 days after the 
        end of each fiscal-year quarter, the Inspector General shall 
        submit to the appropriate congressional committees a report 
        summarizing, for the period of that 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 the activities under 
        programs and operations funded with amounts appropriated or 
        otherwise made available for use by States. Each report shall 
        include, for the period covered by such report, a detailed 
        statement of all obligations, expenditures, and revenues 
        associated with such funds, including the following:
                    (A) Obligations and expenditures of such funds.
                    (B) Detailed operating expenses of States that are 
                related to the use of such funds.
                    (C) 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 discussion of the scope of the 
                        contract, grant, agreement, or other funding 
                        mechanism;
                            (iii) a discussion 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 of such State; or
                            (ii) to provide products or services to the 
                        people of such State; and
                    (B) involves the use of amounts appropriated or 
                otherwise made available for use by such State.
            (3) Public availability.--The Inspector General shall 
        publish on a publicly available website each report required 
        under this subsection.
            (4) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex if the Inspector General considers it necessary.
            (5) 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) Report Coordination.--
            (1) Submission to secretary of housing and urban 
        development.--The Inspector General shall also submit each 
        report required under subsection (h) to the Secretary of 
        Housing and Urban Development.
            (2) Submission to congress.--
                    (A) In general.--Not later than 30 days after 
                receipt of a report under paragraph (1), the Secretary 
                of Housing and Urban Development may submit to the 
                appropriate congressional committees any comments on 
                the matters covered by the report the Secretary of 
                Housing and Urban Development deems appropriate.
                    (B) Classified annex.--Any comments on the matters 
                covered by the report shall be submitted in 
                unclassified form, but may include a classified annex 
                if the Secretary of Housing and Urban Development, as 
                the case may be, considers it necessary.
    (j) Transparency.--
            (1) Report.--Not later than 60 days after submission to the 
        appropriate congressional committees of a report under 
        subsection (i), the Secretary of Housing and Urban Development 
        shall make copies of the report available to the public upon 
        request, and at a reasonable cost.
            (2) Comments on matters covered by report.--Not later than 
        180 days after submission to the appropriate congressional 
        committees under subsection (i)(2) of comments on a report 
        under subsection (h), the Secretary of Housing and Urban 
        Development shall make copies of the comments available to the 
        public upon request, and at a reasonable cost.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated $20,000,000 for fiscal year 2022 to carry out this 
section.
    (l) Termination.--The Office of the Special Inspector General shall 
terminate on the date 5 years after the enactment of this Act.
    (m) Definitions.--In this section:
            (1) Amounts appropriated or otherwise made available for 
        use by states.--The term ``amounts appropriated or otherwise 
        made available for use by States'' means amounts appropriated 
        or otherwise made available for any fiscal year by an entity of 
        the Federal Government for use by a State, including amounts 
        appropriated or otherwise made available for use by a State 
        under the following:
                    (A) The Coronavirus State and Local Fiscal Recovery 
                Fund.
                    (B) The Emergency Rental Assistance Program.
                    (C) The Coronavirus Relief Fund.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Appropriations and Commerce, 
                Science, and Transportation of the Senate;
                    (B) the Committees on Appropriations and 
                Transportation and Infrastructure of the House of 
                Representatives; and
                    (C) the Committees of Congress with jurisdiction 
                over the Department of Housing and Urban Development.
            (3) Inspector general.--The term ``Inspector General'' 
        means the Special Inspector General for State Spending and 
        Waste.
            (4) Office.--The term ``Office'' means the Office of the 
        Special Inspector General for State Spending and Waste.
            (5) State.--The term ``State'' means the 50 States of the 
        United States of America and the District of Columbia.
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