[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1700 Reported in Senate (RS)]


                                                       Calendar No. 226
109th CONGRESS
  1st Session
                                S. 1700

    To establish an Office of the Hurricane Katrina Recovery Chief 
               Financial Officer, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2005

     Mr. Coburn (for himself, Mr. Obama, Mr. Frist, Mr. Reid, Mr. 
  Lautenberg, Mr. Carper, and Mr. DeMint, Mr. McCain, Mr. Cornyn, Mr. 
  Grassley, Mr. Brownback, Mr. Graham, Mr. Santorum, Mr. Salazar, Mr. 
  Voinovich, Mrs. Clinton, Mr. Levin, Mr. Bingaman, Ms. Collins, Mr. 
Lieberman, and Mr. Reed) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                           September 27, 2005

               Reported by Ms. Collins, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To establish an Office of the Hurricane Katrina Recovery Chief 
               Financial Officer, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Oversight of Vital 
Emergency Recovery Spending Enhancement and Enforcement Act of 
2005''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    (a) Chief Financial Officer.--The term ``Chief Financial 
Officer'' means the Hurricane Katrina Recovery Chief Financial 
Officer.</DELETED>
<DELETED>    (b) Office.--The term ``Office'' means the Office of the 
Hurricane Katrina Recovery Chief Financial Officer.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT AND FUNCTIONS.</DELETED>

<DELETED>    (a) Establishment.--There is established within the 
Executive Office of the President, the Office of the Hurricane Katrina 
Recovery Chief Financial Officer.</DELETED>
<DELETED>    (b) Chief Financial Officer.--</DELETED>
        <DELETED>    (1) Appointment.--The Hurricane Katrina Recovery 
        Chief Financial Officer shall be the head of the Office. The 
        Chief Financial Officer shall be appointed by the President, by 
        and with the advice and consent of the Senate.</DELETED>
        <DELETED>    (2) Qualifications.--The Chief Financial Officer 
        shall have the qualifications required under section 901(a)(3) 
        of title 31, United States Code.</DELETED>
<DELETED>    (c) Functions.--</DELETED>
        <DELETED>    (1) In general.--The Chief Financial Officer 
        shall--</DELETED>
                <DELETED>    (A) be responsible for the efficient and 
                effective use of Federal funds in all activities 
                relating to the recovery from Hurricane 
                Katrina;</DELETED>
                <DELETED>    (B) have all authorities and perform all 
                functions of a Chief Financial Officer under section 
                902 of title 31, United States Code, with respect to 
                all agencies and all Federal activities relating to the 
                recovery from Hurricane Katrina in accordance with 
                paragraph (2); and</DELETED>
                <DELETED>    (C) strive to ensure that--</DELETED>
                        <DELETED>    (i) priority in the distribution 
                        of Federal relief funds is given to individuals 
                        and organizations most in need of financial 
                        assistance; and</DELETED>
                        <DELETED>    (ii) priority in the distribution 
                        of Federal reconstruction funds is given to 
                        business entities that are based in Louisiana, 
                        Mississippi, Alabama, or Florida or business 
                        entities that hire workers who resided in those 
                        States on August 24, 2005.</DELETED>
        <DELETED>    (2) Coordination of agencies.--In the performance 
        of the functions under paragraph (1)(B) by the Chief Financial 
        Officer--</DELETED>
                <DELETED>    (A) the President shall act as the head of 
                the agency and the Chief Financial Officer shall have 
                management and oversight of all agencies performing 
                activities relating to the recovery from Hurricane 
                Katrina for purposes of the application of section 902 
                of title 31, United States Code; and</DELETED>
                <DELETED>    (B) the Chief Financial Officer shall 
                coordinate and have management and oversight 
                responsibilities of each applicable Chief Financial 
                Officer in the performance of functions under section 
                902(a) (5) and (6) of title 31, United States Code, 
                instead of performing such functions for each 
                applicable agency.</DELETED>
        <DELETED>    (3) Regular reports.--</DELETED>
                <DELETED>    (A) In general.--Every month the Chief 
                Financial Officer shall submit a financial report on 
                the activities for which the Chief Financial Officer 
                has management and oversight responsibilities to--
                </DELETED>
                        <DELETED>    (i) the Committee on Homeland 
                        Security and Governmental Affairs of the 
                        Senate;</DELETED>
                        <DELETED>    (ii) the Committee on Homeland 
                        Security of the House of 
                        Representatives;</DELETED>
                        <DELETED>    (iii) the Committees on 
                        Appropriations of the Senate and House of 
                        Representatives; and</DELETED>
                        <DELETED>    (iv) the Committee on Government 
                        Reform of the House of 
                        Representatives.</DELETED>
                <DELETED>    (B) Contents.--Each report under this 
                paragraph shall include--</DELETED>
                        <DELETED>    (i) the extent to which Federal 
                        relief funds have been given to individuals and 
                        organizations most in need of financial 
                        assistance;</DELETED>
                        <DELETED>    (ii) the extent to which Federal 
                        reconstruction funds have been made available 
                        to business entities that are based in 
                        Louisiana, Mississippi, Alabama, or Florida or 
                        business entities that hire workers who resided 
                        in those States on August 24, 2005; 
                        and</DELETED>
                        <DELETED>    (iii) the extent to which Federal 
                        agencies have made use of sole source or cost-
                        plus contracts.</DELETED>
                <DELETED>    (C) First report.--The first report under 
                this paragraph shall be submitted for the first full 
                month for which a Chief Financial Officer has been 
                appointed.</DELETED>
<DELETED>    (d) Responsibilities of Chief Financial Officers.--Nothing 
in this Act shall be construed as to relieve the responsibilities of 
any Chief Financial Officer under section 902 of title 31, United 
States Code.</DELETED>
<DELETED>    (e) Availability of Records.--Upon request to the Chief 
Financial Officer, the Office shall make the records of the Office 
available to the Inspector General of any Federal agency performing 
recovery activities relating to Hurricane Katrina for the purpose of 
performing the duties of that Inspector General under the Inspector 
General Act of 1978 (5 U.S.C. App.).</DELETED>

<DELETED>SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY 
              OFFICE.</DELETED>

<DELETED>    The Office shall provide quarterly reports to the 
committees specified in section 3(c)(3)(A) relating to all activities 
and expenses approved by the Office, including--</DELETED>
        <DELETED>    (1) the accuracy of reports submitted by the Chief 
        Financial Officer to Congress;</DELETED>
        <DELETED>    (2) the extent to which agencies performing 
        activities relating to the recovery from Hurricane Katrina have 
        made use of sole source or cost-plus contracts;</DELETED>
        <DELETED>    (3) the appropriate use of Federal funds by State 
        and local government agencies;</DELETED>
        <DELETED>    (4) an analysis of whether Federal relief funds 
        have been distributed to individuals and organizations most in 
        need of financial assistance and Federal reconstruction funds 
        have been made available to business entities that are based in 
        Louisiana, Mississippi, Alabama, or Florida or business 
        entities that hire workers who resided in those States on 
        August 24, 2005; and</DELETED>
        <DELETED>    (5) the extent to which waste, fraud, or abuse 
        exist in the use of Federal funds relating to the recovery from 
        Hurricane Katrina.</DELETED>

<DELETED>SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES.</DELETED>

<DELETED>    (a) In General.--The President shall provide 
administrative and support services (including office space) for the 
Office and the Chief Financial Officer.</DELETED>
<DELETED>    (b) Personnel.--The President shall provide for personnel 
for the Office through the detail of Federal employees. Any Federal 
employee may be detailed to the Office without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as 
necessary to carry out this Act.</DELETED>

<DELETED>SEC. 7. TERMINATION OF OFFICE.</DELETED>

<DELETED>    (a) In General.--The Office and position of Chief 
Financial Officer shall terminate 1 year after the date of enactment of 
this Act.</DELETED>
<DELETED>    (b) Extension.--The President may extend the date of 
termination under subsection (a) to any date occurring before 2 years 
after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oversight of Vital Emergency 
Recovery Spending Enhancement and Enforcement Act of 2005''.

SEC. 2. DEFINITIONS.

    (a) Chief Financial Officer.--The term ``Chief Financial Officer'' 
means the Hurricane Katrina Recovery Chief Financial Officer.
    (b) Office.--The term ``Office'' means the Office of the Hurricane 
Katrina Recovery Chief Financial Officer.

SEC. 3. ESTABLISHMENT AND FUNCTIONS.

    (a) Establishment.--There is established within the Executive 
Office of the President, the Office of the Hurricane Katrina Recovery 
Chief Financial Officer.
    (b) Chief Financial Officer.--
            (1) Appointment.--The Hurricane Katrina Recovery Chief 
        Financial Officer shall be the head of the Office. The Chief 
        Financial Officer shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Qualifications.--The Chief Financial Officer shall--
                    (A) have the qualifications required under section 
                901(a)(3) of title 31, United States Code; and
                    (B) have knowledge of Federal contracting and 
                policymaking functions.
    (c) Authorities and Functions.--
            (1) In general.--The Chief Financial Officer shall--
                    (A) be responsible for the efficient and effective 
                use of Federal funds in all activities relating to the 
                recovery from Hurricane Katrina;
                    (B) strive to ensure that--
                            (i) priority in the distribution of Federal 
                        relief funds is given to individuals and 
                        organizations most in need of financial 
                        assistance; and
                            (ii) priority in the distribution of 
                        Federal reconstruction funds is given to 
                        business entities that are based in Louisiana, 
                        Mississippi, Alabama, or Florida or business 
                        entities that hire workers who resided in those 
                        States on August 24, 2005;
                    (C) perform risk assessments of all programs and 
                operations related to recovery from Hurricane Katrina 
                and implement internal controls and program oversight 
                based on risk of waste, fraud, or abuse;
                    (D) report directly to the head of the Office 
                regarding financial management matters;
                    (E) oversee all financial management activities 
                relating to the programs and operations of the 
                Hurricane Katrina recovery effort;
                    (F) develop and maintain an integrated accounting 
                and financial management system, including financial 
                reporting and internal controls, which--
                            (i) complies with applicable accounting 
                        principles, standards, and requirements, and 
                        internal control standards;
                            (ii) complies with such policies and 
                        requirements as may be prescribed by the 
                        Director of the Office of Management and 
                        Budget;
                            (iii) complies with any other requirements 
                        applicable to such systems; and
                            (iv) provides for--
                                    (I) complete, reliable, consistent, 
                                and timely information which is 
                                prepared on a uniform basis and which 
                                is responsive to the financial 
                                information needs of the Office;
                                    (II) the development and reporting 
                                of cost information;
                                    (III) the integration of accounting 
                                and budgeting information; and
                                    (IV) the systematic measurement of 
                                performance;
                    (G) monitor the financial execution of the budget 
                of Federal agencies relating to recovery from Hurricane 
                Katrina in relation to actual expenditures, and prepare 
                and submit to the head of the Office timely performance 
                reports;
                    (H) have access to all records, reports, audits, 
                reviews, documents, papers, recommendations, or other 
                material which are the property of Federal agencies or 
                which are available to the agencies, and which relate 
                to programs and operations with respect to which the 
                Chief Financial Officer has responsibilities;
                    (I) request such information or assistance as may 
                be necessary for carrying out the duties and 
                responsibilities provided by this section from any 
                Federal, State, or local governmental entity, including 
                any Chief Financial Officer under section 902 of title 
                31, United States Code, and, upon receiving such 
                request, insofar as is practicable and not in 
                contravention of any existing law, any such Federal 
                Governmental entity or Chief Financial Officer under 
                section 902 shall cooperate and furnish such requested 
                information or assistance;
                    (J) to the extent and in such amounts as may be 
                provided in advance by appropriations Acts, be 
                authorized to--
                            (i) enter into contracts and other 
                        arrangements with public agencies and with 
                        private persons for the preparation of 
                        financial statements, studies, analyses, and 
                        other services; and
                            (ii) make such payments as may be necessary 
                        to carry out the provisions of this section;
                    (K) for purposes of the Improper Payments 
                Information Act of 2002 (31 U.S.C. 3321 note), perform, 
                in consultation with the Office of Management and 
                Budget, the functions of the head of an agency for any 
                activity relating to the recovery from Hurricane 
                Katrina that is not currently the responsibility of the 
                head of an agency under that Act; and
                    (L) transmit a report, on a quarterly basis, 
                regarding any program or activity identified by the 
                Chief Financial Officer as susceptible to significant 
                improper payments under section 2(a) of the Improper 
                Payments Information Act of 2002 (31 U.S.C. 3321 note) 
                to the appropriate inspector general.
            (2) Access.--Except as provided in paragraph (1)(I), this 
        subsection does not provide to the Chief Financial Officer any 
        access greater than permitted under any other law to records, 
        reports, audits, reviews, documents, papers, recommendations, 
        or other material of any Office of Inspector General 
        established under the Inspector General Act of 1978 (5 U.S.C. 
        App.).
            (3) Coordination of agencies.--In the performance of the 
        authorities and functions under paragraph (1) by the Chief 
        Financial Officer the President (or the President's designee) 
        shall act as the head of the Office and the Chief Financial 
        Officer shall have management and oversight of all agencies 
        performing activities relating to the recovery from Hurricane 
        Katrina.
            (4) Regular reports.--
                    (A) In general.--Every month the Chief Financial 
                Officer shall submit a financial report on the 
                activities for which the Chief Financial Officer has 
                management and oversight responsibilities to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (ii) the Committee on Homeland Security of 
                        the House of Representatives;
                            (iii) the Committees on Appropriations of 
                        the Senate and House of Representatives; and
                            (iv) the Committee on Government Reform of 
                        the House of Representatives.
                    (B) Contents.--Each report under this paragraph 
                shall include--
                            (i) the extent to which Federal relief 
                        funds have been given to individuals and 
                        organizations most in need of financial 
                        assistance;
                            (ii) the extent to which Federal 
                        reconstruction funds have been made available 
                        to business entities that are based in 
                        Louisiana, Mississippi, Alabama, or Florida or 
                        business entities that hire workers who resided 
                        in those States on August 24, 2005; and
                            (iii) the extent to which Federal agencies 
                        have made use of sole source, no-bid or cost-
                        plus contracts.
                    (C) First report.--The first report under this 
                paragraph shall be submitted for the first full month 
                for which a Chief Financial Officer has been appointed.
    (d) Responsibilities of Chief Financial Officers.--Nothing in this 
Act shall be construed to relieve the responsibilities of any Chief 
Financial Officer under section 902 of title 31, United States Code.
    (e) Availability of Records.--Upon request to the Chief Financial 
Officer, the Office shall make the records of the Office available to 
the Inspector General of any Federal agency performing recovery 
activities relating to Hurricane Katrina, or to any Special Inspector 
General designated to investigate such activities, for the purpose of 
performing the duties of that Inspector General under the Inspector 
General Act of 1978 (5 U.S.C. App.).

SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY OFFICE.

    The Government Accountability Office shall provide quarterly 
reports to the committees desrcibed under section 3(c)(4)(A) relating 
to all activities and expenditures overseen by the Office, including--
            (1) the accuracy of reports submitted by the Chief 
        Financial Officer to Congress;
            (2) the extent to which agencies performing activities 
        relating to the recovery from Hurricane Katrina have made use 
        of sole source, no-bid or cost-plus contracts;
            (3) whether Federal funds expended by State and local 
        government agencies were spent for their intended use;
            (4) the extent to which Federal relief funds have been 
        distributed to individuals and organizations most affected by 
        Hurricane Katrina and Federal reconstruction funds have been 
        made available to business entities that are based in 
        Louisiana, Mississippi, Alabama, or Florida or business 
        entities that hire workers who resided in those States on 
        August 24, 2005; and
            (5) the extent to which internal controls to prevent waste, 
        fraud, or abuse exist in the use of Federal funds relating to 
        the recovery from Hurricane Katrina.

SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES.

    (a) In General.--The President shall provide administrative and 
support services (including office space) for the Office and the Chief 
Financial Officer.
    (b) Personnel.--The President shall provide for personnel for the 
Office through the detail of Federal employees. Any Federal employee 
may be detailed to the Office without reimbursement, and such detail 
shall be without interruption or loss of civil service status or 
privilege.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as necessary to 
carry out this Act.

SEC. 7. TERMINATION OF OFFICE.

    (a) In General.--The Office and position of Chief Financial Officer 
shall terminate 1 year after the date of enactment of this Act.
    (b) Extension.--The President may extend the date of termination 
annually under subsection (a) to any date occurring before 5 years 
after the date of enactment of this Act.
    (c) Notification.--The President shall notify the committees 
described under section 3(c)(4)(A) 60 days before any extension of the 
date of termination under this section.
                                                       Calendar No. 226

109th CONGRESS

  1st Session

                                S. 1700

_______________________________________________________________________

                                 A BILL

    To establish an Office of the Hurricane Katrina Recovery Chief 
               Financial Officer, and for other purposes.

_______________________________________________________________________

                           September 27, 2005

                       Reported with an amendment