[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3805 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3805
To establish within the Office of the Inspector General of the
Department of Homeland Security the Special Office of the Inspector
General for Natural Disaster Response and Reconstruction.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2005
Mr. Meek of Florida (for himself, Mr. Ryan of Ohio, and Mrs. McCarthy)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Government Reform and Homeland Security, 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 within the Office of the Inspector General of the
Department of Homeland Security the Special Office of the Inspector
General for Natural Disaster Response and Reconstruction.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SPECIAL OFFICE OF THE INSPECTOR GENERAL FOR NATURAL DISASTER
RESPONSE AND RECONSTRUCTION.
(a) Purposes.--The purposes of this section are as follows:
(1) To ensure that funds, services, products, and programs
intended to meet the needs of victims of Hurricane Katrina are
effectively and efficiently provided by maintaining direct,
independent and objective conduct of related audits and
investigations.
(2) To provide the Inspector General of the Department of
Homeland Security additional resources capable of making
recommendations and policies to prevent and detect fraud and
abuse, and ensure effective administration of programs and
services related to the aftermath of Hurricane Katrina.
(b) Definitions.--In this section:
(1) Affected area.--The term ``affected area'' means any
area determined in Presidential Disaster Declaration 1603,
1604, or 1605, issued August 29, 2005, to be adversely affected
by a major disaster.
(2) The term ``Inspector General'' means the Inspector
General of the Department of Homeland Security.
(3) The term ``Special Office'' means the Special Office of
the Inspector General for Natural Disaster Response and
Reconstruction established by this section.
(4) The term ``Director'' means the Director of the Special
Office.
(c) Special Office of the Inspector General for Natural Disaster
Response and Reconstruction.--There is hereby established within the
Office of the Inspector General of the Department of Homeland Security
the Special Office of the Inspector General for Natural Disaster
Response and Reconstruction.
(d) Director of the Special Office of the Inspector General.--
(1) In general.--The Director of the Special Office of the
Inspector General shall be the head of the Special Office and
shall be appointed by the Inspector General.
(2) Basis for appointment.--The appointment of the Director
shall be made solely on the basis of integrity, administrative
expertise, and demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigations.
(3) Deadline for appointment.--The appointment of a
Director by the Inspector General shall be made not later than
30 days after the date of the enactment of this Act.
(4) Basic pay.--The annual rate of basic pay of the
Director shall be set by the Inspector General, subject to the
provisions of chapter 51 and subchapter III of chapter 53 or
title 5, United States Code, governing classification and
General Schedule pay rates.
(e) Supervision.--The Director shall report directly to, and be
under the direct authority and general supervision of, the Inspector
General.
(f) Duties.--
(1) In general.--It shall be the duty of the Special Office
to conduct, supervise, and coordinate audits and investigations
of the treatment, handling, and expenditure of Federal funds by
any organization providing relief, assistance, or
reconstruction related to Hurricane Katrina 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
the affected States, departments, agencies, and
entities of the Federal Government, 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) Systems, procedure, and controls.--The Director, in
consultation with the Inspector General, shall establish,
maintain, and oversee such systems, procedures, and controls as
shall be considered appropriate by them to discharge the duty
under paragraph (1).
(g) Personnel, Facilities, and Other Resources.--
(1) Additional employee.--The Inspector General may select,
appoint, and employ additional employees above authorized
levels as may be necessary for carrying out the duties of the
Special Office under this section, but no more than 40
additional full-time equivalent positions.
(2) Field office.--The Inspector General may operate field
offices in the affected areas as may be necessary for the
Special Office to carry out the duties prescribed in subsection
(f).
(h) Reports.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, or the end of the first fiscal
quarter beginning after the date of the enactment of this Act,
whichever is later, and every fiscal quarter thereafter, the
Inspector General shall submit to the Congress a report
summarizing the activities and findings, if any, of the Special
Office during the period after the last report issued/preceding
fiscal quarter? note that there will be no ``last report ''
before the first report . Each report shall include, for the
period covered by such report, a detailed statement of all
obligations, expenditures, and revenues associated with relief,
reconstruction, and rehabilitation activities in the areas
affected by Hurricane Katrina, including the following:
(A) Obligations and expenditures of appropriated
funds.
(B) Revenues attributable to or consisting of funds
provided by foreign nations or international
organizations, and any obligations or expenditures of
such revenues.
(C) Any contracts having a value of more than
$2,000,000 entered into by any Federal agency with any
public or private entity, to--
(i) provide products, services, or
temporary or permanent housing to those persons
affected by Hurricane Katrina; and
(ii) build or rebuild physical
infrastructure in the affected areas.
(D) In the case of any contract described in
subparagraph (C)--
(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
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.
(E) A discussion related to any administrative
delays in getting available services or products to the
their intended recipients in a timely manner.
(2) Prohibition on disclosure of information.--Nothing in
this subsection shall be construed to authorize the public
disclosure of information that is specifically prohibited from
disclosure under law.
(i) Transparency.--Not later than 60 days after the date of the
submittal to the Congress of a report under subsection (h), the
Secretary of Homeland Security shall make copies of such report
available to the public upon request, and at a reasonable cost.
(j) Funding.--Of the funds appropriated for the Department of
Homeland Security in the Second Emergency Supplemental Appropriations
Act to Meet Immediate Needs Arising From the Consequences of Hurricane
Katrina, 2005, $15,000,000 shall be available to the Office of the
Inspector General to carry out this section for fiscal year 2006.
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