S.Amdt. 3012

1. Adds SEC. 1535. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION at the end of title XV

   Adds a section

   Inserted: SEC. 1535. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) A democratic, stable, and prosperous Afghanistan is vital to the national security of the United States and to combating international terrorism.

   Inserted: (2) Since the fall of the Taliban, the United States has provided Afghanistan with over $20,000,000,000 in reconstruction and security assistance. However, repeated and documented incidents of waste, fraud, and abuse in the utilization of these funds have undermined reconstruction efforts.

   Inserted: (3) There is a stronger need for vigorous oversight of spending by the United States on reconstruction programs and projects in Afghanistan.

   Inserted: (4) The Government Accountability Office (GAO) and departmental Inspectors General provide valuable information on such activities.

   Inserted: (5) The congressional oversight process requires more timely reporting of reconstruction activities in Afghanistan that encompasses the efforts of the Department of State, the Department of Defense, and the United States Agency for International Development and highlights specific acts of waste, fraud, and abuse.

   Inserted: (6) One example of such successful reporting is provided by the Special Inspector General for Iraq Reconstruction (SIGIR), which has met this objective in the case of Iraq.

   Inserted: (7) The establishment of a Special Inspector General for Afghanistan Reconstruction (SIGAR) position using SIGIR as a model will help achieve this objective in Afghanistan. This position will help Congress and the American people to better understand the challenges facing United States programs and projects in that crucial country.

   Inserted: (8) It is a priority for Congress to establish a Special Inspector General for Afghanistan position with similar responsibilities and duties as the Special Inspector General for Iraq Reconstruction. This new position will monitor United States assistance to Afghanistan in the civilian and security sectors, undertaking efforts similar to those of the Special Inspector General for Iraq Reconstruction.

   Inserted: (b) Office of Inspector General.--There is hereby established the Office of the Special Inspector General for Afghanistan Reconstruction.

   Inserted: (c) Appointment of Inspector General; Removal.--

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   Inserted: (1) Appointment.--The head of the Office of the Special Inspector General for Afghanistan Reconstruction is the Special Inspector General for Afghanistan Reconstruction (in this section referred to as the "Inspector General"), who shall be appointed by the President.

   Inserted: (2) Qualifications.--The appointment of the 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.

   Inserted: (3) Deadline for appointment.--The nomination of an individual as Inspector General shall be made not later than 30 days after the date of the enactment of this Act.

   Inserted: (4) Removal.--The 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.).

   Inserted: (5) Prohibition on political activities.--For purposes of section 7324 of title 5, United States Code, the 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.

   Inserted: (6) Compensation.--The annual rate of basic pay of the 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.

   Inserted: (d) Supervision.--

   Inserted: (1) In general.--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.

   Inserted: (2) Independence to conduct investigations and audits.--No officer of the Department of Defense, the Department of State, or the United States Agency for International Development shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.

   Inserted: (e) Duties.--

   Inserted: (1) Oversight of afghanistan reconstruction.--It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of appropriated funds by the United States Government, and of the programs, operations, and contracts carried out utilizing such funds in Afghanistan in order to prevent and detect waste, fraud, and abuse, including--

   Inserted: (A) the oversight and accounting of the obligation and expenditure of such funds;

   Inserted: (B) the monitoring and review of reconstruction activities funded by such funds;

   Inserted: (C) the monitoring and review of contracts funded by such funds;

   Inserted: (D) the monitoring and review of the transfer of such funds and associated information between and among the departments, agencies, and entities of the United States Government, and private and nongovernmental entities;

   Inserted: (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds;

   Inserted: (F) the monitoring and review of the effectiveness of United States coordination with the Government of Afghanistan and other donor countries in the implementation of the Afghanistan Compact and the Afghanistan National Development Strategy and the efficient utilization of funds for economic reconstruction, social and political development, and security assistance; and

   Inserted: (G) the investigation of overpayments such as duplicate payments or duplicate billing and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities and the referral of such reports, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of further funds, or other remedies.

   Inserted: (2) Other duties related to oversight.--The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties under paragraph (1).

   Inserted: (3) Duties and responsibilities under inspector general act of 1978.--In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978.

   Inserted: (4) Coordination of efforts.--In carrying out the duties, and responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of, each of the following:

   Inserted: (A) The Inspector General of the Department of State.

   Inserted: (B) The Inspector General of the Department of Defense.

   Inserted: (C) The Inspector General of the United States Agency for International Development.

   Inserted: (f) Powers and Authorities.--

   Inserted: (1) Authorities under inspector general act of 1978.--In carrying out the duties specified in subsection (e), the Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978.

   Inserted: (2) Audit standards.--The Inspector General shall carry out the duties specified in subsection (e)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978.

   Inserted: (g) Personnel, Facilities, and Other Resources.--

   Inserted: (1) Personnel.--The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the 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.

   Inserted: (2) Employment of experts and consultants.--The 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.

   Inserted: (3) Contracting authority.--To the extent and in such amounts as may be provided in advance by appropriations Acts, the 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 Inspector General.

   Inserted: (4) Resources.--The Secretary of State shall provide the Inspector General with appropriate and adequate office space at appropriate United States Government locations in Afghanistan, 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. The Secretary of State shall not charge the Inspector General or employees of the Office of the Inspector General for Afghanistan Reconstruction for International Cooperative Administrative Support Services.

   Inserted: (5) Assistance from federal agencies.--

   Inserted: (A) In general.--Upon request of the 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 Inspector General, or an authorized designee.

   Inserted: (B) Reporting of refused assistance.--Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary of Defense and the Secretary of State and the appropriate committees of Congress without delay.

   Inserted: (h) Reports.--

   Inserted: (1) Quarterly reports.--Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit to the appropriate congressional committees 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 during such period of the Inspector General, including a summary of lessons learned, and summarizing the activities under programs and operations funded with amounts appropriated or otherwise made available for the reconstruction of Afghanistan. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues of the United States Government associated with reconstruction and rehabilitation activities in Afghanistan, including the following information:

   Inserted: (A) Obligations and expenditures of appropriated funds.

   Inserted: (B) A project-by-project and program-by-program accounting of the costs incurred to date for the reconstruction of Afghanistan, together with the estimate of the costs to complete each project and each program.

   Inserted: (C) Revenues attributable to or consisting of funds provided by foreign nations or international organizations to programs and projects funded by the United States Government, and any obligations or expenditures of such revenues.

   Inserted: (D) Revenues attributable to or consisting of foreign assets seized or frozen that contribute to programs and projects funded by the United States Government, and any obligations or expenditures of such revenues.

   Inserted: (E) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the reconstruction of Afghanistan.

   Inserted: (F) In the case of any contract, grant, agreement, or other funding mechanism described in paragraph (2)--

   Inserted: (i) the amount of the contract, grant, agreement, or other funding mechanism;

   Inserted: (ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism;

   Inserted: (iii) a discussion of how the United States Government entity or entities involved in the contract or grant identified, and solicited offers from, potential contractors or grantees to perform the contract or grant, together with a list of the potential contractors or grantees that were issued solicitations for the offers;

   Inserted: (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; and

   Inserted: (v) a description of any previous instances of wasteful and fraudulent activities in Afghanistan by current or potential contractors, subcontactors, or grantees and whether and how they were held accountable.

   Inserted: (G) A description of any potential unethical or illegal actions taken by Federal employees, contractors, or affiliated entities in the course of reconstruction efforts.

   Inserted: (2) Covered contracts, grants, agreements, and funding mechanisms.--A contract, grant, agreement, or other funding mechanism described in this paragraph is any major contract, grant, agreement, or other funding mechanism that is entered into by the United States Government with any public or private sector entity for any of the following purposes:

   Inserted: (A) To build or rebuild physical infrastructure of Afghanistan.

   Inserted: (B) To establish or reestablish a political or societal institution of Afghanistan.

   Inserted: (C) To provide products or services to the people of Afghanistan.

   Inserted: (3) Semiannual report.--Not later than December 31, 2007, and semiannually thereafter, the Inspector General shall submit to the appropriate congressional committees a report meeting the requirements of section 5 of the Inspector General Act of 1978.

   Inserted: (4) Public transparency.--The Inspector General shall post each report required under this subsection on a public and searchable website not later than 7 days after the Inspector General submits the report to the appropriate congressional committees.

   Inserted: (5) Languages.--The Inspector General shall publish on a publicly available Internet website each report under this subsection in English and other languages that the Inspector General determines are widely used and understood in Afghanistan.

   Inserted: (6) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex as the Inspector General determines necessary.

   Inserted: (7) Limitation on public disclosure of certain information.--Nothing in this subsection shall be construed to authorize the public disclosure of information that is--

   Inserted: (A) specifically prohibited from disclosure by any other provision of law;

   Inserted: (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

   Inserted: (C) a part of an ongoing criminal investigation.

   Inserted: (i) Waiver.--

   Inserted: (1) Authority.--The President may waive the requirement under paragraph (1) or (3) of subsection (h) 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.

   Inserted: (2) Notice of waiver.--The President shall publish a notice of each waiver made under this subsection in the Federal Register not later than the date on which the report required under paragraph (1) or (3) of subsection (h) is submitted to the appropriate congressional committees. The report shall specify whether waivers under this subsection were made and with respect to which elements.

   Inserted: (j) Definitions.--In this section:

   Inserted: (1) Amounts appropriated or otherwise made available for the reconstruction of afghanistan.--The term "amounts appropriated or otherwise made available for the reconstruction of Afghanistan" means--

   Inserted: (A) amounts appropriated or otherwise made available for any fiscal year--

   Inserted: (i) to the Afghanistan Security Forces Fund;

   Inserted: (ii) to the program to assist the people of Afghanistan established under section 1202(a)(2) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455); and

   Inserted: (iii) to the Department of Defense for assistance for the reconstruction of Afghanistan under any other provision of law; and

   Inserted: (B) amounts appropriated or otherwise made available for any fiscal year for Afghanistan reconstruction under the following headings or for the following purposes:

   Inserted: (i) Operating Expenses of the United States Agency for International Development.

   Inserted: (ii) Economic Support Fund.

   Inserted: (iii) International Narcotics Control and Law Enforcement.

   Inserted: (iv) International Affairs Technical Assistance.

   Inserted: (v) Peacekeeping Operations.

   Inserted: (vi) Diplomatic and Consular Programs.

   Inserted: (vii) Embassy Security, Construction, and Maintenance.

   Inserted: (viii) Child Survival and Health.

   Inserted: (ix) Development Assistance.

   Inserted: (x) International Military Education and Training.

   Inserted: (xi) Nonproliferation, Anti-terrorism, Demining and Related Programs.

   Inserted: (xii) Public Law 480 Title II Grants.

   Inserted: (xiii) International Disaster and Famine Assistance.

   Inserted: (xiv) Migration and Refugee Assistance.

   Inserted: (xv) Operations of the Drug Enforcement Agency.

   Inserted: (2) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Inserted: (A) the Committees on Appropriations, Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs of the Senate; and

   Inserted: (B) the Committees on Appropriations, Armed Services, Foreign Affairs, and Homeland Security of the House of Representatives.

   Inserted: (3) Executive agency.--The term "executive agency" has the meaning given the term in section 105 of title 5, United States Code.

   Inserted: (k) Authorization of Appropriations.--

   Inserted: (1) In general.--There is authorized to be appropriated $20,000,000 for fiscal year 2008 to carry out this section.

   Inserted: (2) Offset.--The amount authorized to be appropriated by section 1512 for the Afghanistan Security Forces Fund is hereby reduced by $20,000,000.

   Inserted: (l) Termination.--

   Inserted: (1) In general.--The Office of the Special Inspector General for Afghanistan Reconstruction shall terminate on September 30, 2010, with transition operations authorized to continue until December 31, 2010.

   Inserted: (2) Final accountability report.--The Inspector General shall, prior to the termination of the Office of the Special Inspector General for Afghanistan Reconstruction under paragraph (1), prepare and submit to the appropriate congressional committees a final accountability report on all referrals for the investigation of any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities made to the Department of Justice or any other United States law enforcement entity to ensure further investigations, prosecutions, or remedies.

   Original wording

   At the end of title XV, add the following:

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As printed