,,ii #aaith ,,congress #b;d ,session ,s4 #cfdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ad1 #bjbf,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to establish the ,office of the ,special ,inspector ,general for ,program ,fraud1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,special ,inspector ,general for ,program ,fraud ,act4 #b4 ,special ,inspector ,general for ,program ,fraud 7a7 ,purposes ,the purposes of this section are as follows3 7#a7 ,to provide for the independent and objective conduct and supervision of audits and investigations relating to programs funded with amounts appropriated or otherwise made available for child assistance programs in the ,united ,states4 7#b7 ,to provide for the independent and objective leadership and coordination of1 and recommendations on1 policies designed to prevent and detect waste1 fraud1 and abuse in such programs described in paragraph 7#a74 7#c7 ,to provide for an independent and objective means of keeping the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 the heads of the other covered ,federal agencies1 and ,congress fully and currently informed about problems and deficiencies relating to the administration of such programs and the necessity for and progress on corrective action4 7b7 ,office of ,inspector ,general ,there is hereby established the ,office of the ,special ,inspector ,general for ,program ,fraud to carry out the purposes set forth in subsection 7a74 7c7 ,appointment of ,inspector ,general2 removal 7#a7 ,appointment ,the head of the ,office of the ,special ,inspector ,general for ,program ,fraud is the ,special ,inspector ,general for ,program ,fraud 7in this section referred to as the ,inspector ,general71 who shall be appointed by the ,president with the advice and consent of the ,senate4 7#b7 ,qualifications ,the appointment of the ,inspector ,general shall be made solely on the basis of integrity and demonstrated ability in accounting1 auditing1 financial analysis1 law1 management analysis1 public administration1 or investigations4 7#c7 ,deadline for appointment ,the appointment of an individual as ,inspector ,general shall be made not later than #cj days after the date of enactment of this ,act4 7#d7 ,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 #ecae of title #e1 ,united ,states ,code4 7#e7 ,prohibition on political activities ,for purposes of section #gcbd of title #e1 ,united ,states ,code1 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 law4 7#f7 ,removal ,the ,inspector ,general shall be removable from office in accordance with the provisions of section #djc7;b7 of title #e1 ,united ,states ,code4 7d7 ,assistant inspectors general ,the ,inspector ,general shall1 in accordance with applicable laws and regulations governing the civil service-- 7#a7 appoint an ,assistant ,inspector ,general for ,auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs funded with amounts appropriated or otherwise made available for child assistance programs in the ,united ,states2 and 7#b7 appoint an ,assistant ,inspector ,general for ,investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs4 7e7 ,supervision 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,inspector ,general shall report directly to1 and be under the general supervision of1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the heads of the other covered ,federal agencies4 7#b7 ,independence ,to conduct investigations and audits ,no officer of the ,department of ,health and ,human ,services1 the ,department of ,agriculture1 or another covered ,federal agency shall prevent or prohibit the ,inspector ,general from initiating1 carrying out1 or completing any audit or investigation related to amounts appropriated or otherwise made available for child assistance programs in the ,united ,states or from issuing any subpoena during the course of any such audit or investigation4 7f7 ,duties 7#a7 ,oversight of child assistance programs ,it shall be the duty of the ,inspector ,general to conduct1 supervise1 and coordinate audits and investigations of the treatment1 handling1 and expenditure of amounts appropriated or otherwise made available for child assistance programs in the ,united ,states1 including-- 7,a7 the oversight and accounting of the obligation and expenditure of such funds2 7,b7 the monitoring and review of contracts funded by such funds2 7,c7 the monitoring and review of the transfer of such funds and associated information between and among departments1 agencies1 and entities of the ,united ,states and private and nongovernmental entities2 7,d7 the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds2 and 7,e7 the investigation of overpayments1 such as duplicate payments or duplicate billing and any potential unethical or illegal actions of ,federal employees1 contractors1 or affiliated entities and the referral of such reports1 as necessary1 to the ,department of ,justice to ensure further investigations1 prosecutions1 recovery of further funds1 or other remedies4 7#b7 ,other duties related to oversight ,the ,inspector ,general shall establish1 maintain1 and oversee such systems1 procedures1 and controls as the ,inspector ,general considers appropriate to discharge the duties under paragraph 7#a74 7#c7 ,duties and responsibilities under chapter #d of title #e1 ,united ,states ,code ,in addition to the duties specified in paragraphs 7#a7 and 7#b71 the ,inspector ,general shall also have the duties and responsibilities of inspectors general under chapter #d of title #e1 ,united ,states ,code4 7#d7 ,coordination of efforts ,in carrying out the duties1 responsibilities1 and authorities of the ,inspector ,general under this section1 the ,inspector ,general shall coordinate with1 and receive the cooperation of1 the ,inspector ,generals of the ,department of ,health and ,human ,services1 the ,department of ,agriculture1 and the other covered ,federal agencies4 7g7 ,powers and authorities 7#a7 ,authorities under chapter #d of title #e1 ,united ,states ,code ,in carrying out the duties specified in subsection 7f71 the ,inspector ,general shall have the authorities provided in section #djf of title #e1 ,united ,states ,code1 including the authorities under subsection 7e7 of such section4 7#b7 ,audit standards ,the ,inspector ,general shall carry out the duties specified in subsection 7f77#a7 in accordance with section #djd7;b77#a7 of title #e1 ,united ,states ,code4 7h7 ,personnel1 facilities1 and other resources 7#a7 ,personnel 7,a7 ,in general ,the ,inspector ,general may select1 appoint1 and employ such officers and employees as may be necessary for carrying out the duties of the ,inspector ,general1 subject to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title1 relating to classification and ,general ,schedule pay rates4 7,b7 ,additional authorities 7i7 ,in general ,subject to clause 7ii71 the ,inspector ,general may exercise the authorities of subsections 7b7 through 7i7 of section #cafa of title #e1 ,united ,states ,code 7without regard to subsection 7a7 of that section74 7ii7 ,periods of appointments ,in exercising the employment authorities under subsection 7b7 of section #cafa of title #e1 ,united ,states ,code1 as provided under clause 7i7 of this subparagraph-- 7,i7 paragraph 7#b7 of that subsection 7relating to periods of appointments7 shall not apply2 and 7,,ii7 no period of appointment may exceed the date on which the ,office of the ,special ,inspector ,general for ,program ,fraud terminates under subsection 7n74 7#b7 ,employment of experts and consultants ,the ,inspector ,general may obtain services as authorized by section #caji of title #e1 ,united ,states ,code1 at daily rates not to exceed the equivalent rate prescribed for grade ,,gs-#ae of the ,general ,schedule by section #eccb of such title4 7#c7 ,contracting authority ,to the extent and in such amounts as may be provided in advance by appropriations ,acts1 the ,inspector ,general may enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons1 and make such payments as may be necessary to carry out the duties of the ,inspector ,general4 7#d7 ,resources ,the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the heads of the other covered ,federal agencies1 as appropriate1 shall provide the ,inspector ,general with-- 7,a7 appropriate and adequate office space at appropriate locations of the ,department of ,health and ,human ,services1 the ,department of ,agriculture1 and the other covered ,federal agencies1 together with such equipment1 office supplies1 and communications facilities and services as may be necessary for the operation of such offices1 and shall provide necessary maintenance services for such offices and the equipment and facilities located therein2 and 7,b7 appropriate and adequate support for audits1 investigations1 and related activities by the ,inspector ,general or assigned personnel4 7#e7 ,assistance from ,federal agencies 7,a7 ,in general ,upon request of the ,inspector ,general for information or assistance from any department1 agency1 or other entity of the ,federal ,government1 the head of such entity shall1 insofar as is practicable and not in contravention of any existing law1 furnish such information or assistance to the ,inspector ,general1 or an authorized designee4 7,b7 ,reporting of refused assistance ,whenever information or assistance requested by the ,inspector ,general is1 in the judgment of the ,inspector ,general1 unreasonably refused or not provided1 the ,inspector ,general shall report the circumstances to the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the heads of the other covered ,federal agencies1 as appropriate1 and to the appropriate congressional committees1 without delay4 7i7 ,reports 7#a7 ,quarterly reports ,not later than #cj days after the end of each fiscal-year quarter1 the ,inspector ,general shall submit to the appropriate congressional committees a report summarizing1 for the period of that quarter and1 to the extent possible1 the period from the end of such quarter to the time of the submission of the report1 the activities during such period of the ,inspector ,general and the activities under programs funded with amounts appropriated or otherwise made available for child assistance programs in the ,united ,states4 ,each report shall include1 for the period covered by such report1 a detailed statement of all obligations1 expenditures1 and revenues associated with child assistance programs in the ,united ,states1 including each of the following3 7,a7 ,obligations and expenditures of appropriated funds4 7,b7 ,operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for child assistance programs in the ,united ,states4 7,c7 ,in the case of any contract1 grant1 agreement1 or other funding mechanism described in paragraph 7#b7-- 7i7 the amount of the contract1 grant1 agreement1 or other funding mechanism2 7ii7 a brief discussion of the scope of the contract1 grant1 agreement1 or other funding mechanism2 7iii7 a discussion of how the covered ,federal agency involved in the contract1 grant1 agreement1 or other funding mechanism identified1 and solicited offers from1 potential individuals or entities to perform the contract1 grant1 agreement1 or other funding mechanism1 together with a list of the potential individuals or entities that were issued solicitations for the offers2 and 7iv7 the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition4 7#b7 ,covered contracts1 grants1 agreements1 and funding mechanisms ,a contract1 grant1 agreement1 or other funding mechanism described in this paragraph is any major contract1 grant1 agreement1 or other funding mechanism that is entered into by any covered ,federal agency1 with any public or private sector entity1 that involves the use of amounts appropriated or otherwise made available for child assistance programs in the ,united ,states4 7#c7 ,public availability ,the ,inspector ,general shall publish on a publicly available internet website each report under paragraph 7#a7 of this subsection4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to authorize the public disclosure of information that is-- 7,a7 specifically prohibited from disclosure by any other provision of law2 or 7,b7 a part of an ongoing criminal investigation4 7j7 ,report coordination 7#a7 ,submission to heads of covered ,federal agencies ,the ,inspector ,general shall also submit each report required under subsection 7i7 to the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the heads of the other covered ,federal agencies4 7#b7 ,submission to ,congress 7,a7 ,in general ,not later than #cj days after receipt of a report under paragraph 7#a71 the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the heads of the other covered ,federal agencies1 as appropriate1 shall submit to the appropriate congressional committees any comments on the matters covered by the report4 7,b7 ,access ,on request1 any ,member of ,congress may view comments submitted under subparagraph 7,a74 7k7 ,transparency 7#a7 ,report ,not later than #fj days after submission to the appropriate congressional committees of a report under subsection 7i71 the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the head of each covered ,federal agency1 shall make copies of the report available to the public upon request1 and at a reasonable cost4 7#b7 ,comments on matters covered by report ,not later than #fj days after the last submission to the appropriate congressional committees under subsection 7j77#b77;,a7 of comments on a report under subsection 7i71 the ,secretary of ,health and ,human ,services1 the ,secretary of ,agriculture1 and the head of each covered ,federal agency1 shall make copies of the comments available to the public upon request1 and at a reasonable cost4 7l7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,finance1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,agriculture1 the ,committee on ,ways and ,means1 the ,committee on ,energy and ,commerce1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,child assistance ,the term child assistance means ,federal financial assistance for an activity such as child care or child nutrition4 7#c7 ,child assistance program ,the term child assistance program means a ,federal1 ,state1 ,tribal1 or local program providing child assistance4 7#d7 ,covered ,federal agency ,the term covered ,federal agency means a department or agency of the executive branch of the ,federal ,government that1 as determined by the ,president1 administers amounts appropriated or otherwise made available for a child assistance program in the ,united ,states4 7m7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbf and #bjbg to carry out this section4 7n7 ,termination 7#a7 ,in general ,the ,office of the ,special ,inspector ,general for ,program ,fraud shall terminate on ,september #cj1 #bjbg4 7#b7 ,final report ,the ,inspector ,general shall1 prior to the termination of the ,office of the ,special ,inspector ,general for ,program ,fraud under paragraph 7#a71 prepare and submit to the appropriate congressional committees a final report on programs funded with amounts appropriated or otherwise made available for child assistance programs in the ,united ,states4