1.This Act may be cited as
the Louisiana Katrina Recovery Act of
2005
.
2.In this Act:
(1)The
term Administrator means the Louisiana Katrina Recovery
Administrator.
(2)The
term agency has the meaning given under section 551(1) of title 5,
United States Code.
(3)The
term Office means the Office of the Louisiana Katrina Recovery
Administrator.
(4)The
term recovery includes relief, rebuilding, and
reconstruction.
3.
(a)There
is established within the Executive Office of the President, the Office of the
Louisiana Katrina Recovery Administrator.
(b)
(1)The
Louisiana Katrina Recovery Administrator shall be the head of the Office. Not
later than 30 days after the date of enactment of this Act, the President shall
appoint the Administrator.
(2)The
individual appointed as Administrator—
(A)shall be a United
States citizen at least 30 years of age; and
(B)shall be
appointed on the basis of—
(i)extensive
business and management experience;
(ii)demonstrated
political independence and integrity; and
(iii)independence
from financial interests associated with recovery from Hurricane Katrina in
Louisiana.
4.Authorities and
functions
(a)The Administrator
shall—
(1)provide
leadership in—
(A)developing a plan
for the recovery of areas in Louisiana adversely impacted by Hurricane Katrina;
and
(B)ensuring
accountability and transparency of recovery efforts;
(2)have management
and oversight authority of all agencies in all Federal activities and the use
of Federal resources relating to the recovery from Hurricane Katrina in
Louisiana;
(3)ensure the
activities and resources referred to under paragraph (2) are performed and used
in the most efficient and effective manner practicable;
(4)coordinate the
efforts of the Federal Government and the State and local governments of
Louisiana in the recovery from Hurricane Katrina in Louisiana; and
(5)after
consultation with the relevant head of an agency, have the authority to—
(A)if necessary to
ensure streamlined Federal action and avoid unnecessary bureaucratic delays in
long-term recovery efforts, direct the head of an agency to exercise any
administrative waiver authority of that agency relating to a requirement of
Federal law, including any waiver authority under section 301 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141);
and
(B)extend any such
waiver for any period until the termination of the Office.
(b)Chairperson of
the Interagency Working Group
(1)There
is established the Louisiana Katrina Interagency Working Group (in this
subsection referred to as the Working Group
). The Administrator
shall be the Chairperson of the Working Group.
(2)The
Working Group shall coordinate with the Administrator to carry out this
Act.
(3)The
Working Group shall include—
(A)the Secretary of
Housing and Urban Development;
(B)the Secretary of
Commerce;
(C)the Secretary of
Education;
(D)the Secretary of
Labor;
(E)the Secretary of
Agriculture;
(F)the Administrator
of the Small Business Administration;
(G)the Director of
the Environmental Protection Agency; and
(H)any other head of
an agency as determined by the President.
(4)The
Working Group shall terminate on the date of the termination of the
Office.
5.Administrative
and support servicesThe
President shall provide administrative and support services (including
personnel) for the Office.
6.Louisiana
Katrina Advisory Board
(a)There
is established the Louisiana Katrina Advisory Board (in this section referred
to as the Board
).
(b)The
Board shall be comprised of 6 members, none of whom shall be an elected
official, and of whom—
(1)2 shall be
appointed by the President;
(2)2 shall be
appointed by the Governor of the State of Louisiana;
(3)1 shall be
appointed by the mayor of the city of New Orleans; and
(4)2 shall be
appointed by a majority of the parish presidents of Jefferson, Plaquemines, St.
Bernard, St. Tammany, and Washington Parishes, Louisiana.
(c)The
Board shall provide advice and recommendations to the Administrator to carry
out the purposes of this Act.
(d)The
Administrator shall designate 1 member as Chairperson of the Board.
(e)
(1)The
Board may hold such hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Board considers advisable to carry
out this section.
(2)Information
from federal agenciesThe Board may secure directly from any
Federal department or agency such information as the Board considers necessary
to carry out this section. Upon request of the Chairperson of the Board, the
head of such department or agency shall furnish such information to the
Board.
(3)The Board may use the United States mails in the same
manner and under the same conditions as other departments and agencies of the
Federal Government.
(4)The
Board may accept, use, and dispose of gifts or donations of services or
property.
(f)
(1)Each member of the Board who is not an officer or
employee of the Federal Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Board. All members of the Board who are
officers or employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees of the
United States.
(2)The members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the Board.
(3)
(A)The Chairperson of the Board may, without regard to the
civil service laws and regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary to enable the Board to
perform its duties. The employment of an executive director shall be subject to
confirmation by the Board.
(B)The
Chairperson of the Board may fix the compensation of the executive director and
other personnel without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(C)Personnel as
federal employees
(i)The executive director and any personnel of the Board who
are employees shall be employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of
that title.
(ii)Subparagraph (A) shall not be construed to apply to members
of the Board.
(4)Detail of
government employeesAny Federal Government employee may be
detailed to the Board without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(5)Procurement of
temporary and intermittent servicesThe Chairperson of the Board
may procure temporary and intermittent services under section 3109(b) of title
5, United States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(g)The Board shall terminate on the date of the
termination of the Office of the Louisiana Katrina Recovery
Administrator.
(h)Authorization
of AppropriationsThere are authorized to be appropriated such
sums as necessary to the Board to carry out this Act.
7.
(a)Notwithstanding any
other provision of this Act, if Congress enacts a joint resolution as provided
under this section—
(1)a waiver under section 4(a)(5) shall not
take effect or cease to be in effect, as the case may be; or
(2)notwithstanding
section 10(b), the Office shall terminate.
(b)For the purpose of subsection (a), the term
joint resolution means a joint resolution, the matter after the
resolving clause of which is only 1 of the following:
That Congress
disapproves the waiver extension under section 4(a)(5) of the Louisiana Katrina
Recovery Act of 2005 relating to ______ (the blank space being appropriately
filled in).”.
The Congress
disapproves the extension of termination under section 10(b) of the Louisiana
Katrina Recovery Act of 2005, of which the President submitted notice to
Congress on ______ (the blank space being filled in by the appropriate
date).
.
(c)A resolution described in subsection (b) introduced in
the House of Representatives shall be referred to the Committee on Homeland
Security of the House of Representatives. A resolution described in subsection
(b) introduced in the Senate shall be referred to the Committee on Homeland
Security and Governmental Affairs of the Senate. Such a resolution may not be
reported before the 8th day after its introduction.
(d)If the committee to which is referred a resolution
described in subsection (b) has not reported such resolution (or an identical
resolution) at the end of 15 calendar days after its introduction, such
committee shall be deemed to be discharged from further consideration of such
resolution and such resolution shall be placed on the appropriate calendar of
the House involved.
(e)
(1)When the committee to which a resolution is referred has
reported, or has been deemed to be discharged (under subsection (d)) from
further consideration of, a resolution described in subsection (b), it is at
any time thereafter in order (even though a previous motion to the same effect
has been disagreed to) for any Member of the respective House to move to
proceed to the consideration of the resolution, and all points of order against
the resolution (and against consideration of the resolution) are waived. The
motion is highly privileged in the House of Representatives and is privileged
in the Senate and is not debatable. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the resolution shall remain the
unfinished business of the respective House until disposed of.
(2)Debate
on the resolution, and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the resolution. A motion
further to limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed to or disagreed to is not
in order.
(3)Immediately following the conclusion of the debate on a
resolution described in subsection (b), and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of the
appropriate House, the vote on final passage of the resolution shall
occur.
(4)Rulings of the
chair on procedureAppeals from the decisions of the Chair
relating to the application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating to a resolution
described in subsection (b) shall be decided without debate.
(f)Coordination
With Action by Other HouseIf, before the passage by one House of
a resolution of that House described in subsection (b), that House receives
from the other House a resolution described in subsection (b) relating to the
same matter, then the following procedures shall apply:
(1)The resolution of
the other House shall not be referred to a committee.
(2)With respect to a
resolution described in subsection (b) of the House receiving the
resolution—
(A)the procedure in
that House shall be the same as if no resolution had been received from the
other House; but
(B)the vote on final
passage shall be on the resolution of the other House.
(g)Rules of House
of Representatives and SenateThis subsection is enacted by
Congress—
(1)as an exercise of
the rulemaking power of the Senate and House of Representatives, respectively,
and as such it is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in that House in
the case of a resolution described in subsection (b), and it supersedes other
rules only to the extent that it is inconsistent with such rules; and
(2)with full
recognition of the constitutional right of either House to change the rules (so
far as relating to the procedure of that House) at any time, in the same
manner, and to the same extent as in the case of any other rule of that
House.
8.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 section
8(b) of the Louisiana Katrina Recovery Act of 2005, the Inspector General shall
be appointed by the President, by and with the advice and consent of the
Senate.”.
(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
; 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 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)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 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 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 Louisiana Katrina Recovery 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 Louisiana Katrina Recovery 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 Louisiana.
(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 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)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)
each place that term occurs.
(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 such sums as necessary for
fiscal year
2006.
.
(l)Application to
Louisiana and terminationSuch section is amended by striking
subsection (o) and inserting the following:
(o)Any reference in this section to Hurricane Katrina
recovery shall only apply with respect to Hurricane Katrina recovery in the
State of Louisiana.
(p)(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 Louisiana Katrina Recovery 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).
.
9.Authorization of
appropriationsThere are
authorized to be appropriated such sums as necessary to carry out this
Act.
10.
(a)The Office and
position of Administrator shall terminate 2 years after the date of enactment
of this Act.
(b)
(1)The President may extend the date of termination under
subsection (a) in accordance with this subsection.
(2)Any extension of termination under this
subsection—
(A)shall not be
effective for any period occurring 5 years after the date of enactment of this
Act;
(B)may not apply
retroactively if the Office and the position of Director have terminated under
this section;
(C)shall not be
effective unless 60 days before the date on which a termination would occur the
President submits a notice to Congress of a determination to extend the
termination; and
(D)subject to
subparagraph (A), shall be for a 6-month period.