[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Reported in Senate (RS)]


                                                       Calendar No. 228
109th CONGRESS
  1st Session
                                S. 1738

  To expand the responsibilities of the Special Inspector General for 
  Iraq Reconstruction to provide independent and objective audits and 
 investigations relating to the Federal programs for Hurricane Katrina 
                               recovery.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2005

 Ms. Collins (for herself, Mr. Lieberman, Mr. Sununu, Mr. Durbin, Mr. 
   Pryor, Mrs. Clinton, Mr. Carper, Mr. Chafee, Mr. Vitter, and Mr. 
   Johnson) 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 amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To expand the responsibilities of the Special Inspector General for 
  Iraq Reconstruction to provide independent and objective audits and 
 investigations relating to the Federal programs for Hurricane Katrina 
                               recovery.

    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 ``Special Inspector General for Relief 
and Reconstruction Act of 2005''.

SEC. 2. SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION.

    (a) Redesignation.--(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 
        <DELETED>Director of the Office of Management and Budget</DELETED> 
        President, by and with the advice and consent of the Senate.''.
    (2)(A) The heading of such section is amended to read as follows:

``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR RELIEF AND 
              RECONSTRUCTION.''.

    (B) The heading of title III of such Act is amended to read as 
follows:

``TITLE III--SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION''.

    (b) Continuation in Office.--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) Purposes.--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''; and
            (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 Auditing.--
Subsection (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) Supervision.--Such section is further amended--
            (1) in subsection (e)--
                <DELETED>    (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</DELETED>
                    (A) by striking paragraph (1) and inserting the 
                following:
    ``(1)(A) Except as provided in paragraph (2), the Inspector General 
shall report directly to, and be under the general supervision of, the 
Secretary of State and the Secretary of Defense with respect to 
activities relating to the Iraq Relief and Reconstruction Fund.
    ``(B) Except as provided in paragraph (2), the Inspector General 
shall report directly to, and be under the general supervision of, the 
Director of the Office of Management and Budget and the Secretary of 
Homeland Security with respect to activities relating to Hurricane 
Katrina recovery activities.''; 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 
                        <DELETED>departments and agencies, and State 
                        and local government entities.''; and</DELETED> 
                        departments and agencies.''; 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 Reconstruction.--
Subsection (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 
Reconstruction.--Subsection (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 <DELETED>Defense</DELETED> Homeland Security, 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) Transparency.--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) Waiver.--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)''each place that 
        term occurs.
    (j) Appropriate Committees of Congress.--Subsection (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) Funding.--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) Termination.--Subsection (o) of such section is amended to read 
as follows:
    ``(o) Termination.--(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).''.
                                                       Calendar No. 228

109th CONGRESS

  1st Session

                                S. 1738

_______________________________________________________________________

                                 A BILL

  To expand the responsibilities of the Special Inspector General for 
  Iraq Reconstruction to provide independent and objective audits and 
 investigations relating to the Federal programs for Hurricane Katrina 
                               recovery.

_______________________________________________________________________

                           September 27, 2005

                        Reported with amendments