1.This Act may be cited as
the Special Inspector General for
Relief and Reconstruction Act of 2005
.
2.Special
Inspector General for Relief and Reconstruction
(a)(1)Section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat.
1234; 5 U.S.C. App. 3 section 8G note) is amended—
(A)in subsection (b), by striking
Office of the Special Inspector General for Iraq Reconstruction
and inserting Office of the Special Inspector General for Relief and
Reconstruction
; and
(B)in subsection (c)(1), by striking all
after The head of the Office of the Special Inspector General
and inserting for Relief and Reconstruction is the Special Inspector
General for Relief and Reconstruction (in this section referred to as the
Inspector General
). If a vacancy occurs after the service of the
individual as provided under subsection (b) of the Special Inspector General
for Relief and Reconstruction Act of 2005, the Inspector General shall be
appointed by the Director of the Office of Management and
Budget.
.
(2)(A)The heading of such
section is amended to read as follows:
3001.Special
Inspector General for Relief and
Reconstruction
.
(B)The heading of title III of such Act
is amended to read as follows:
<enum>III</enum><header>Special
Inspector General for Relief and
Reconstruction</header>
.
(b)The individual serving as the Special Inspector General
for Iraq Reconstruction as of the date of the enactment of this Act may
continue to serve as the Special Inspector General for Relief and
Reconstruction (with all additional duties and responsibilities as provided
under this Act) after that date without reappointment under paragraph (1) of
section 3001(c) of the Emergency Supplemental Appropriations Act for Defense
and for the Reconstruction of Iraq and Afghanistan, 2004, but remaining subject
to removal as specified in paragraph (4) of that section.
(c)Subsection
(a) of such section is amended—
(1)in paragraph (1),
by inserting and for Hurricane Katrina recovery activities
after
Iraq Relief and Reconstruction Fund
;
(2)in paragraph (3),
by striking the Secretary of State and the Secretary of Defense
and inserting the Secretary of State, the Secretary of Homeland
Security, the Secretary of Defense, and the heads of other Federal agencies, as
appropriate,
.
(d)Responsibilities
of assistant Inspector General for auditingSubsection (d) of
such section is amended to read as follows:
(d)Assistant
Inspectors General(1)The Inspector General
shall, in accordance with applicable laws and regulations governing the civil
service—
(A)appoint 1 or more Assistant Inspectors
General for Auditing who shall have the responsibility for supervising the
performance of auditing activities relating to—
(i)programs and operations supported
by the Iraq Relief and Reconstruction Fund; and
(ii)programs and operations relating
to Hurricane Katrina recovery activities; and
(B)appoint 1 or more Assistant Inspectors
General for Investigations who shall have the responsibility for supervising
the performance of investigative activities relating to such programs and
operations.
.
(e)Such
section is further amended—
(1)in subsection
(e)—
(A)in paragraph (1),
by striking the Secretary of State and the Secretary of Defense
and inserting the Director of the Office of Management and Budget, the
Secretary of State, and the Secretary of Defense
; and
(B)in paragraph
(2)—
(i)by
striking Department of Defense, the Department of State, or the United
States Agency for International Development
and inserting
Federal Government
; and
(ii)by
inserting and Hurricane Katrina recovery activities
after
Iraq Relief and Reconstruction Fund
;
(2)in subsection
(f)—
(A)in paragraph
(1)—
(i)by
inserting (A)
after (1)
;
(ii)by
redesignating subparagraphs (A) through (E) as clauses (i) through (v),
respectively; and
(iii)by adding at
the end the following:
(B)It shall be the
duty of the Inspector General to conduct and coordinate audits and
investigations of the treatment, handling, and expenditure of amounts
appropriated or otherwise made available for Hurricane Katrina recovery by the
Federal Government, and of the programs, operations, and contracts carried out
utilizing such funds, including—
(i)the oversight and
accounting of the obligation and expenditure of such funds;
(ii)the monitoring
and review of reconstruction activities funded by such funds;
(iii)the monitoring
and review of contracts funded by such funds;
(iv)the monitoring
and review of the transfer of such funds and associated information between and
among departments, agencies, and entities of the United States, State and local
governments, and private and nongovernmental entities;
(v)the maintenance
of records on the use of such funds to facilitate future audits and
investigations of the use of such funds; and
(vi)the monitoring
of Federal grants and benefit programs.
;
and
(B)in paragraph
(4)—
(i)by
inserting (A)
after (4)
;
(ii)by
striking all after cooperation of
and inserting the
inspectors general and auditing entities of all other Federal departments and
agencies, and State and local government entities.
; and
(iii)by adding at
the end the following:
(B)(i)The Inspector General
shall ensure, to the greatest extent possible, that the activities of the
Inspector General do not duplicate audits and investigations of inspectors
general and other auditors of Federal departments and agencies, and State and
local government entities.
(ii)The Inspector General shall notify
the inspector general of the relevant agency or department before initiating an
audit or investigation relating to Hurricane Katrina activities.
(iii)Nothing in this section shall be
construed to limit the statutory authority of inspectors general to conduct
audits or investigations relating to Hurricane Katrina
activities.
;
(3)in subsection
(h)(4)(B), by striking Secretary of State or Secretary of
Defense
and inserting Director of the Office of Management and
Budget and heads of relevant agencies
; and
(4)in subsection
(h)(5)—
(A)by inserting
(A)
after (5)
;
(B)by inserting
for activities relating to Iraq
after operation of such
offices
; and
(C)by adding at the
end the following:
(B)The Secretary of
Homeland Security shall provide the Inspector General with appropriate and
adequate office space, together with such equipment, office supplies, and
communications facilities and services as may be necessary for the operations
of such offices for activities relating to Hurricane Katrina, and shall provide
necessary maintenance services for such offices and equipment and facilities
located
therein.
.
(f)Reports
relating to the Iraqi relief and reconstructionSubsection (i) of
such section is amended by adding at the end the following:
(7)(A)The Inspector General
shall also submit each report under this subsection to the Secretary of State
and the Secretary of Defense.
(B)(i)Not later than 30 days
after receipt of a report under subparagraph (A), the Secretary of State and
the Secretary of Defense may submit to the appropriate committees of Congress
any comments on the matters covered by the report as the Secretary of State or
the Secretary of Defense, as the case may be, considers appropriate.
(ii)A report under this subparagraph may
include a classified annex if the Secretary of State or the Secretary of
Defense, as the case may be, considers it
necessary.
.
(g)Reports
relating to hurricane katrina relief and
reconstructionSubsection (j) of such section is amended to read
as follows:
(j)Reports
relating to hurricane katrina relief and reconstruction(1)(A)At the end of each
calendar quarter, beginning with the first full quarter after the date of
enactment of the Special Inspector General for Relief and Reconstruction Act of
2005, the Inspector General shall submit to the appropriate committees of
Congress a report summarizing for the period of that quarter the activities of
the Inspector General and of the Hurricane Katrina recovery activities of the
Federal Government. Each report shall include, for the period covered by such
report, a detailed statement of all obligations, expenditures, and revenues
associated with recovery activities for Hurricane Katrina, including the
following:
(i)Obligations and expenditures of
appropriated funds.
(ii)Accounting of the costs incurred to
date for Hurricane Katrina recovery, together with the estimate of the Federal
Government’s costs to complete each project and each program.
(iii)Operating expenses of any Federal
departments, agencies, or entities receiving appropriated funds for Hurricane
Katrina recovery activities.
(iv)In the case of any contract described
in paragraph (2)—
(I)the amount of the contract or other
agreement;
(II)a brief discussion of the scope of
the contract or other agreement;
(III)a discussion of how the
contracting department or agency identified, and solicited offers from,
potential contractors to perform the contract, together with a list of the
potential contractors that were issued solicitations for the offers; and
(IV)the justification and approval
documents on which was based the determination to use procedures other than
procedures that provide for full and open competition.
(B)The first quarterly report required
to be submitted under subparagraph (A) shall also summarize activities for
Hurricane Katrina recovery undertaken before that quarter.
(2)A contract described in this
paragraph is any major contract or other agreement that is entered into by any
department or agency of the United States Government that involves the use of
amounts appropriated or otherwise made available for Hurricane Katrina recovery
with any public or private sector entity.
(3)Not later than 45 days after the date
of enactment of the Special Inspector General for Relief and Reconstruction Act
of 2005, the Inspector General shall submit to the appropriate committees of
Congress an interim report on the status of Hurricane Katrina recovery
activities of the Federal Government. The interim report shall include the
following:
(A)The operational activities of the
Office of the Special Inspector General for Relief and Reconstruction.
(B)The status of auditors and
investigators deployed to the Gulf of Mexico region of the United
States.
(C)A strategic plan for oversight,
including audits of no bid contracts.
(D)Vulnerabilities identified and
immediate actions to address such vulnerabilities.
(E)Measures taken to coordinate
interagency oversight elements.
(4)Not later than March 31, 2006, and
semiannually thereafter, the Inspector General shall submit to the appropriate
committees of Congress a report meeting the requirements of section 5 of the
Inspector General Act of 1978 (5 U.S.C. App.).
(5)The Inspector General shall publish
each report under this subsection on an accessible Federal Government Internet
Web site.
(6)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.
(7)(A)The Inspector General
shall also submit each report under this subsection to the Director of the
Office of Management and Budget, Secretary of Defense, or heads of other
appropriate agencies.
(B)Not later than 30 days after receipt
of a report under paragraph (1), the Director of the Office of Management and
Budget and the heads of other appropriate agencies may submit to the
appropriate committees of Congress any comments on the matters covered by the
report as the Director of the Office of Management and Budget and heads of
relevant agencies consider appropriate.
(8)The Inspector General shall respond
to any reasonable summons to appear and testify before any duly constituted
committee of
Congress.
.
(h)Subsection
(k) of such section is amended—
(1)in paragraph (1),
by striking subsection (i), the Secretary of State and the Secretary of
Defense shall jointly
and inserting subsection (i) or (j), the
Director of the Office of Management and Budget and the heads of the relevant
departments shall
; and
(2)in paragraph (2),
by striking subsection (j)(2) of comments on a report under subsection
(i), the Secretary of State and the Secretary of Defense shall jointly
and inserting subsection (i)(7)(B) or (j)(7)(B) of comments on a report
under subsection (i) or (j), the Director of the Office of Management and
Budget and the heads of relevant departments shall
.
(i)Subsection
(l) of such section is amended—
(1)in paragraph (1),
by inserting or paragraph (1) or (3) of subsection (j)
after
subsection (i)
; and
(2)in paragraph (2),
by inserting or paragraph (1) or (3) of subsection (j)
after
subsection (i)
.
(j)Appropriate
committees of congressSubsection (m) of such section is
amended—
(1)in paragraph (1),
by striking and Foreign Relations
and inserting Foreign
Relations, and Homeland Security and Governmental Affairs
; and
(2)in paragraph (2),
by striking and International Relations
and inserting
International Relations, and Homeland Security
.
(k)Subsection
(n) of such section is amended by adding at the end the following:
(3)There are
authorized to be appropriated to the Office of the Special Inspector General
for Relief and Reconstruction to carry out the responsibilities of the Special
Inspector General relating to Hurricane Katrina recovery $80,000,000 for fiscal
year
2006.
.
(l)Subsection
(o) of such section is amended to read as follows:
(o)(1)(A)The responsibilities of
the Office of the Special Inspector General for Relief and Reconstruction with
respect to the Iraq Relief and Reconstruction Fund shall terminate on the date
that is 10 months after the date, as determined by the Secretary of State and
Secretary of Defense, on which 80 percent of the amounts appropriated or
otherwise made available to the Iraq Relief and Reconstruction Fund by chapter
2 of title II of this Act have been obligated.
(B)The responsibilities of the Office of
the Special Inspector General for Relief and Reconstruction with respect to
Hurricane Katrina recovery activities shall terminate 2 years after the date of
enactment of the Special Inspector General for Relief and Reconstruction Act of
2005.
(2)The Office of the Special Inspector
General for Relief and Reconstruction shall terminate on the later date
occurring under subparagraph (A) or (B) of paragraph
(1).
.