Special Inspector General for Hurricane Katrina Recovery Act - Establishes the Office of the Special Inspector General for Hurricane Katrina Recovery. Places at the head of such Office a Special Inspector General for Hurricane Katrina Recovery, who shall be appointed by the Secretary of Homeland Security.
Provides for the Special Inspector General to report directly to the Secretaries of Homeland Security and Defense.
Requires the Special Inspector General, among other specified duties, to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts made available for Hurricane Katrina recovery by the federal government, and of the programs, operations, and contracts carried out utilizing such funds.
Instructs the Special Inspector General, within ten days of being appointed, to: (1) open a 24-hour fraud, waste, and abuse hotline; (2) deploy auditors and investigators to the affected Gulf of Mexico region of the United States; (3) announce a strategic plan for oversight; (4) go to the media of that region with antifraud messages; (5) liaise with Hurricane Katrina recovery federal agencies to identify vulnerabilities; and (6) coordinate interagency oversight elements through the creation of a task force.
Requires the Special Inspector General to: (1) submit specified quarterly and interim reports summarizing the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the federal government; and (2) publish such reports on the websites of the Secretaries of Homeland Security and Defense.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3737 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3737
To establish an Office of Special Inspector General for Hurricane
Katrina Recovery.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2005
Mr. Kolbe (for himself, Ms. Harris, Mr. Otter, Mr. Kirk, Mr. Simmons,
Mr. Holt, Mr. Snyder, Mr. Bass, Mr. Petri, Mr. Pence, Mr. Wolf, Ms.
Ginny Brown-Waite of Florida, Mr. Udall of Colorado, Ms. Foxx, and Mr.
Westmoreland) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish an Office of Special Inspector General 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
Hurricane Katrina Recovery Act''.
SEC. 2. SPECIAL INSPECTOR GENERAL FOR HURRICANE KATRINA RECOVERY.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct
and supervision of audits and investigations relating to the
Federal programs and Federal operations of Hurricane Katrina
recovery.
(2) To provide for the independent and objective leadership
and coordination of, and recommendations on, policies designed
to--
(A) promote economic efficiency and effectiveness
in the administration of such programs and operations;
and
(B) prevent and detect waste, fraud, and abuse in
such programs and operations.
(3) To provide for an independent and objective means of
keeping the Secretary of Homeland Security and all other
Federal departments and agencies involved in Hurricane Katrina
recovery fully and currently informed about problems and
deficiencies relating to the administration of such programs
and operations and the necessity for and progress for
corrective action.
(b) Office of Inspector General.--There is hereby established the
Office of the Special Inspector General for Hurricane Katrina Recovery.
(c) Appointment of Inspector General; Removal.--
(1) The head of the Office of the Special Inspector General
for Hurricane Katrina Recovery is the Special Inspector General
for Hurricane Katrina Recovery (in this section referred to as
the ``Special Inspector General''), who shall be appointed by
the Secretary of Homeland Security, in consultation with the
Secretary of Defense.
(2) The appointment of Special Inspector General shall be
made solely on the basis of integrity and demonstrated ability
in accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
(3) The appointment of an individual as Special Inspector
General shall be made not later than 3 days after the date of
the enactment of this Act.
(4) The Special Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States
Code, the Special Inspector General shall not be considered an
employee who determines policies to be pursued by the United
States in the nationwide administration of Federal law.
(6) The annual rate of basic pay of the Special Inspector
General shall be the annual rate of basic pay provided for
positions at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d) Assistant Inspectors General.--The Special Inspector General
shall, in accordance with applicable laws and regulations governing the
civil service--
(1) appoint an Assistant Special Inspector General for
Auditing who shall have the responsibility for supervising the
performance of auditing activities relating to Federal programs
and operations of Hurricane Katrina recovery; and
(2) appoint an Assistant Special Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--
(1) Except as provided in paragraph (2), the Special
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of Homeland Security and
the Secretary of Defense.
(2) No officer of the Department of Homeland Security nor
any other officer of the Federal Government shall prevent or
prohibit the Special Inspector General from initiating,
carrying out, or completing any audit or investigation related
to Hurricane Katrina recovery activities, or from issuing any
subpoena during the course of any audit or investigation.
(f) Duties.--
(1) It shall be the duty of the Special Inspector General
to conduct, supervise, 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--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of reconstruction
activities funded by such funds;
(C) the monitoring and review of contracts funded
by such funds;
(D) the monitoring and review of the transfer of
such funds and associated information between and among
departments, agencies, and entities of the United
States, and private and nongovernmental entities; and
(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such funds.
(2) The Special Inspector General shall establish,
maintain, and oversee such systems, procedures, and controls as
the Special Inspector General considers appropriate to
discharge the duty under paragraph (1).
(3) In addition to the duties specified in paragraphs (1)
and (2), the Special Inspector General shall also have the
duties and responsibilities of inspectors general under the
Inspector General Act of 1978.
(4) In carrying out the duties, responsibilities, and
authorities of the Special Inspector General under this
section, the Special Inspector General shall coordinate with,
and receive the cooperation of, the Inspectors General of all
other Federal departments and agencies.
(5) The Special Inspector General shall, within 10 days
after the date of the appointment of the Special Inspector
General, complete the following:
(A) Open a 24-hour fraud, waste, and abuse hotline.
(B) Deploy auditors and investigators to the Gulf
of Mexico Region of the United States.
(C) Announce a strategic plan for oversight,
including audits of no-bid contracts.
(D) Go to the Gulf of Mexico Region of the United
States media with antifraud message.
(E) Liaise with Hurricane Katrina recovery Federal
agencies to identify vulnerabilities.
(F) Coordinate interagency oversight elements
through creation of a task force.
(g) Powers and Authorities.--
(1) In carrying out the duties specified in subsection (f),
the Special Inspector General shall have the authorities
provided in section 6 of the Inspector General Act of 1978,
including the authorities under subsection (e) of such section.
(2) The Special Inspector General shall carry out the
duties specified in subsection (f)(1) in accordance with
section 4(b)(1) of the Inspector General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) The Special Inspector General may select, appoint, and
employ such officers and employees as may be necessary for
carrying out the duties of the Special Inspector General,
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and the
provisions of chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General Schedule pay
rates.
(2) The Special Inspector General may obtain services as
authorized by section 3109 of title 5, United States Code, at
daily rates not to exceed the equivalent rate prescribed for
grade GS-15 of the General Schedule by section 5332 of such
title.
(3) To the extent and in such amounts as may be provided in
advance by appropriations Acts, the Special Inspector General
may enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private persons, and make such payments as may be
necessary to carry out the duties of the Special Inspector
General.
(4)(A) Upon request of the Special Inspector General for
information or assistance from any department, agency, or other
entity of the Federal Government, the head of such entity
shall, insofar as is practicable and not in contravention of
any existing law, furnish such information or assistance to the
Special Inspector General, or an authorized designee.
(B) Whenever information or assistance requested by the
Special Inspector General is, in the judgment of the Special
Inspector General, unreasonably refused or not provided, the
Special Inspector General shall report the circumstances to the
Secretary of Homeland Security or the Secretary of Defense, as
appropriate, and to the appropriate committees of Congress
without delay.
(5) The Secretary of Homeland Security or the Secretary of
Defense, as appropriate, shall provide the Special Inspector
General with appropriate and adequate office space at the
central and field office locations of the Department of
Homeland Security, together with such equipment, office
supplies, and communications facilities and services as may be
necessary for the operation of such offices, and shall provide
necessary maintenance services for such offices and the
equipment and facilities located therein.
(i) Reports.--
(1) Not later than 30 days after the end of each fiscal
year quarter, beginning with the quarter following the quarter
in which the Special Inspector General is appointed, the
Special Inspector General shall submit to the appropriate
committees of Congress a report summarizing for the period of
that quarter and, to the extent possible, the period from the
end of such quarter to the time of the submission of the
report, the activities of the Special Inspector General and 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:
(A) Obligations and expenditures of appropriated
funds.
(B) 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.
(C) Operating expenses of any Federal departments,
agencies, or entities receiving appropriated funds for
Hurricane Katrina recovery activities.
(D) 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.
(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 for any of the following purposes:
(A) To build or rebuild physical infrastructure.
(B) To establish or reestablish a political or
societal institution.
(C) To provide products or services to the people.
(3) Not later than 14 days after the appointment of the
Special Inspector General, and every 30 days thereafter until
the submission of the first quarterly report described in
paragraph (1), the Special Inspector General shall submit to
the appropriate committees of Congress an interim report
summarizing for the period from the date of appointment of the
Special Inspector General in the case of the first interim
report and from the date of the previous interim report for
subsequent interim reports the activities of the Special
Inspector General and the Hurricane Katrina recovery activities
of the Federal Government. Each interim report shall include
but not be limited to the following for the period covered by
the interim report:
(A) The state of the Office of the Special
Inspector General for Hurricane Katrina Recovery.
(B) The status of auditors and investigators
deployed to the Gulf of Mexico Region of the United
States.
(C) Strategic plan for oversight, including audits
of no bid contracts.
(D) Vulnerabilities identified and immediate
actions to address them.
(E) Measures taken to coordinate interagency
oversight elements.
(4) Not later than March 31, 2006, and semiannually
thereafter, the Special 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) The Special Inspector General shall publish each report
under this subsection on the Internet website of the Secretary
of Homeland Security and the Secretary of Defense.
(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.
(j) Report Coordination.--
(1) The Special Inspector General shall also submit each
report under subsection (i) to the Secretary of Homeland
Security and the Secretary of Defense.
(2) Not later than 7 days after receipt of a report under
paragraph (1), the Secretary of Homeland Security or the
Secretary of Defense, respectively, may submit to the
appropriate committees of Congress any comments on the matters
covered by the report as the Secretary of Homeland Security or
the Secretary of Defense, as the case may be, considers
appropriate.
(k) Transparency.--
(1) Not later than 30 days after the date of the submittal
to Congress of a report under subsection (i), the Secretary of
Homeland Security and the Secretary of Defense shall jointly
make copies of such report available to the public upon
request, and at a reasonable cost.
(2) Not later than 60 days after the date of the submittal
to Congress under subsection (j)(2) of comments on a report
under subsection (i), the Secretary of Homeland Security and
the Secretary of Defense shall jointly make copies of such
comments available to the public upon request, and at a
reasonable cost.
(l) Waiver.--
(1) The President may waive the requirement under paragraph
(1) or (3) of subsection (i) for the inclusion in a report
under such paragraph of any element otherwise provided for
under such paragraph if the President determines that the
waiver is justified for national security reasons.
(2) The President shall publish a notice of each waiver
made under this subsection in the Federal Register no later
than the date on which the reports required under paragraph (1)
or (3) of subsection (i) are submitted to Congress. The reports
required under paragraph (1) or (3) of subsection (i) shall
specify whether waivers under this subsection were made and
with respect to which elements.
(m) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Appropriations, Armed Services, and
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committees on Appropriations, Armed Services,
Government Reform, and Homeland Security of the House of
Representatives.
(n) Termination.--The Office of Special Inspector General shall
terminate on the date that is 10 months after the date, as determined
by the Secretary of Homeland Security and the Secretary of Defense, on
which 80 percent of the amounts appropriated or otherwise made
available for Hurricane Katrina recovery by the Federal Government have
been expended.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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