[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1700 Reported in Senate (RS)]
Calendar No. 226
109th CONGRESS
1st Session
S. 1700
To establish an Office of the Hurricane Katrina Recovery Chief
Financial Officer, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2005
Mr. Coburn (for himself, Mr. Obama, Mr. Frist, Mr. Reid, Mr.
Lautenberg, Mr. Carper, and Mr. DeMint, Mr. McCain, Mr. Cornyn, Mr.
Grassley, Mr. Brownback, Mr. Graham, Mr. Santorum, Mr. Salazar, Mr.
Voinovich, Mrs. Clinton, Mr. Levin, Mr. Bingaman, Ms. Collins, Mr.
Lieberman, and Mr. Reed) 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 an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish an Office of the Hurricane Katrina Recovery Chief
Financial Officer, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Oversight of Vital
Emergency Recovery Spending Enhancement and Enforcement Act of
2005''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> (a) Chief Financial Officer.--The term ``Chief Financial
Officer'' means the Hurricane Katrina Recovery Chief Financial
Officer.</DELETED>
<DELETED> (b) Office.--The term ``Office'' means the Office of the
Hurricane Katrina Recovery Chief Financial Officer.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT AND FUNCTIONS.</DELETED>
<DELETED> (a) Establishment.--There is established within the
Executive Office of the President, the Office of the Hurricane Katrina
Recovery Chief Financial Officer.</DELETED>
<DELETED> (b) Chief Financial Officer.--</DELETED>
<DELETED> (1) Appointment.--The Hurricane Katrina Recovery
Chief Financial Officer shall be the head of the Office. The
Chief Financial Officer shall be appointed by the President, by
and with the advice and consent of the Senate.</DELETED>
<DELETED> (2) Qualifications.--The Chief Financial Officer
shall have the qualifications required under section 901(a)(3)
of title 31, United States Code.</DELETED>
<DELETED> (c) Functions.--</DELETED>
<DELETED> (1) In general.--The Chief Financial Officer
shall--</DELETED>
<DELETED> (A) be responsible for the efficient and
effective use of Federal funds in all activities
relating to the recovery from Hurricane
Katrina;</DELETED>
<DELETED> (B) have all authorities and perform all
functions of a Chief Financial Officer under section
902 of title 31, United States Code, with respect to
all agencies and all Federal activities relating to the
recovery from Hurricane Katrina in accordance with
paragraph (2); and</DELETED>
<DELETED> (C) strive to ensure that--</DELETED>
<DELETED> (i) priority in the distribution
of Federal relief funds is given to individuals
and organizations most in need of financial
assistance; and</DELETED>
<DELETED> (ii) priority in the distribution
of Federal reconstruction funds is given to
business entities that are based in Louisiana,
Mississippi, Alabama, or Florida or business
entities that hire workers who resided in those
States on August 24, 2005.</DELETED>
<DELETED> (2) Coordination of agencies.--In the performance
of the functions under paragraph (1)(B) by the Chief Financial
Officer--</DELETED>
<DELETED> (A) the President shall act as the head of
the agency and the Chief Financial Officer shall have
management and oversight of all agencies performing
activities relating to the recovery from Hurricane
Katrina for purposes of the application of section 902
of title 31, United States Code; and</DELETED>
<DELETED> (B) the Chief Financial Officer shall
coordinate and have management and oversight
responsibilities of each applicable Chief Financial
Officer in the performance of functions under section
902(a) (5) and (6) of title 31, United States Code,
instead of performing such functions for each
applicable agency.</DELETED>
<DELETED> (3) Regular reports.--</DELETED>
<DELETED> (A) In general.--Every month the Chief
Financial Officer shall submit a financial report on
the activities for which the Chief Financial Officer
has management and oversight responsibilities to--
</DELETED>
<DELETED> (i) the Committee on Homeland
Security and Governmental Affairs of the
Senate;</DELETED>
<DELETED> (ii) the Committee on Homeland
Security of the House of
Representatives;</DELETED>
<DELETED> (iii) the Committees on
Appropriations of the Senate and House of
Representatives; and</DELETED>
<DELETED> (iv) the Committee on Government
Reform of the House of
Representatives.</DELETED>
<DELETED> (B) Contents.--Each report under this
paragraph shall include--</DELETED>
<DELETED> (i) the extent to which Federal
relief funds have been given to individuals and
organizations most in need of financial
assistance;</DELETED>
<DELETED> (ii) the extent to which Federal
reconstruction funds have been made available
to business entities that are based in
Louisiana, Mississippi, Alabama, or Florida or
business entities that hire workers who resided
in those States on August 24, 2005;
and</DELETED>
<DELETED> (iii) the extent to which Federal
agencies have made use of sole source or cost-
plus contracts.</DELETED>
<DELETED> (C) First report.--The first report under
this paragraph shall be submitted for the first full
month for which a Chief Financial Officer has been
appointed.</DELETED>
<DELETED> (d) Responsibilities of Chief Financial Officers.--Nothing
in this Act shall be construed as to relieve the responsibilities of
any Chief Financial Officer under section 902 of title 31, United
States Code.</DELETED>
<DELETED> (e) Availability of Records.--Upon request to the Chief
Financial Officer, the Office shall make the records of the Office
available to the Inspector General of any Federal agency performing
recovery activities relating to Hurricane Katrina for the purpose of
performing the duties of that Inspector General under the Inspector
General Act of 1978 (5 U.S.C. App.).</DELETED>
<DELETED>SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY
OFFICE.</DELETED>
<DELETED> The Office shall provide quarterly reports to the
committees specified in section 3(c)(3)(A) relating to all activities
and expenses approved by the Office, including--</DELETED>
<DELETED> (1) the accuracy of reports submitted by the Chief
Financial Officer to Congress;</DELETED>
<DELETED> (2) the extent to which agencies performing
activities relating to the recovery from Hurricane Katrina have
made use of sole source or cost-plus contracts;</DELETED>
<DELETED> (3) the appropriate use of Federal funds by State
and local government agencies;</DELETED>
<DELETED> (4) an analysis of whether Federal relief funds
have been distributed to individuals and organizations most in
need of financial assistance and Federal reconstruction funds
have been made available to business entities that are based in
Louisiana, Mississippi, Alabama, or Florida or business
entities that hire workers who resided in those States on
August 24, 2005; and</DELETED>
<DELETED> (5) the extent to which waste, fraud, or abuse
exist in the use of Federal funds relating to the recovery from
Hurricane Katrina.</DELETED>
<DELETED>SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES.</DELETED>
<DELETED> (a) In General.--The President shall provide
administrative and support services (including office space) for the
Office and the Chief Financial Officer.</DELETED>
<DELETED> (b) Personnel.--The President shall provide for personnel
for the Office through the detail of Federal employees. Any Federal
employee may be detailed to the Office without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated such sums as
necessary to carry out this Act.</DELETED>
<DELETED>SEC. 7. TERMINATION OF OFFICE.</DELETED>
<DELETED> (a) In General.--The Office and position of Chief
Financial Officer shall terminate 1 year after the date of enactment of
this Act.</DELETED>
<DELETED> (b) Extension.--The President may extend the date of
termination under subsection (a) to any date occurring before 2 years
after the date of enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oversight of Vital Emergency
Recovery Spending Enhancement and Enforcement Act of 2005''.
SEC. 2. DEFINITIONS.
(a) Chief Financial Officer.--The term ``Chief Financial Officer''
means the Hurricane Katrina Recovery Chief Financial Officer.
(b) Office.--The term ``Office'' means the Office of the Hurricane
Katrina Recovery Chief Financial Officer.
SEC. 3. ESTABLISHMENT AND FUNCTIONS.
(a) Establishment.--There is established within the Executive
Office of the President, the Office of the Hurricane Katrina Recovery
Chief Financial Officer.
(b) Chief Financial Officer.--
(1) Appointment.--The Hurricane Katrina Recovery Chief
Financial Officer shall be the head of the Office. The Chief
Financial Officer shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Qualifications.--The Chief Financial Officer shall--
(A) have the qualifications required under section
901(a)(3) of title 31, United States Code; and
(B) have knowledge of Federal contracting and
policymaking functions.
(c) Authorities and Functions.--
(1) In general.--The Chief Financial Officer shall--
(A) be responsible for the efficient and effective
use of Federal funds in all activities relating to the
recovery from Hurricane Katrina;
(B) strive to ensure that--
(i) priority in the distribution of Federal
relief funds is given to individuals and
organizations most in need of financial
assistance; and
(ii) priority in the distribution of
Federal reconstruction funds is given to
business entities that are based in Louisiana,
Mississippi, Alabama, or Florida or business
entities that hire workers who resided in those
States on August 24, 2005;
(C) perform risk assessments of all programs and
operations related to recovery from Hurricane Katrina
and implement internal controls and program oversight
based on risk of waste, fraud, or abuse;
(D) report directly to the head of the Office
regarding financial management matters;
(E) oversee all financial management activities
relating to the programs and operations of the
Hurricane Katrina recovery effort;
(F) develop and maintain an integrated accounting
and financial management system, including financial
reporting and internal controls, which--
(i) complies with applicable accounting
principles, standards, and requirements, and
internal control standards;
(ii) complies with such policies and
requirements as may be prescribed by the
Director of the Office of Management and
Budget;
(iii) complies with any other requirements
applicable to such systems; and
(iv) provides for--
(I) complete, reliable, consistent,
and timely information which is
prepared on a uniform basis and which
is responsive to the financial
information needs of the Office;
(II) the development and reporting
of cost information;
(III) the integration of accounting
and budgeting information; and
(IV) the systematic measurement of
performance;
(G) monitor the financial execution of the budget
of Federal agencies relating to recovery from Hurricane
Katrina in relation to actual expenditures, and prepare
and submit to the head of the Office timely performance
reports;
(H) have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material which are the property of Federal agencies or
which are available to the agencies, and which relate
to programs and operations with respect to which the
Chief Financial Officer has responsibilities;
(I) request such information or assistance as may
be necessary for carrying out the duties and
responsibilities provided by this section from any
Federal, State, or local governmental entity, including
any Chief Financial Officer under section 902 of title
31, United States Code, and, upon receiving such
request, insofar as is practicable and not in
contravention of any existing law, any such Federal
Governmental entity or Chief Financial Officer under
section 902 shall cooperate and furnish such requested
information or assistance;
(J) to the extent and in such amounts as may be
provided in advance by appropriations Acts, be
authorized to--
(i) enter into contracts and other
arrangements with public agencies and with
private persons for the preparation of
financial statements, studies, analyses, and
other services; and
(ii) make such payments as may be necessary
to carry out the provisions of this section;
(K) for purposes of the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note), perform,
in consultation with the Office of Management and
Budget, the functions of the head of an agency for any
activity relating to the recovery from Hurricane
Katrina that is not currently the responsibility of the
head of an agency under that Act; and
(L) transmit a report, on a quarterly basis,
regarding any program or activity identified by the
Chief Financial Officer as susceptible to significant
improper payments under section 2(a) of the Improper
Payments Information Act of 2002 (31 U.S.C. 3321 note)
to the appropriate inspector general.
(2) Access.--Except as provided in paragraph (1)(I), this
subsection does not provide to the Chief Financial Officer any
access greater than permitted under any other law to records,
reports, audits, reviews, documents, papers, recommendations,
or other material of any Office of Inspector General
established under the Inspector General Act of 1978 (5 U.S.C.
App.).
(3) Coordination of agencies.--In the performance of the
authorities and functions under paragraph (1) by the Chief
Financial Officer the President (or the President's designee)
shall act as the head of the Office and the Chief Financial
Officer shall have management and oversight of all agencies
performing activities relating to the recovery from Hurricane
Katrina.
(4) Regular reports.--
(A) In general.--Every month the Chief Financial
Officer shall submit a financial report on the
activities for which the Chief Financial Officer has
management and oversight responsibilities to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(ii) the Committee on Homeland Security of
the House of Representatives;
(iii) the Committees on Appropriations of
the Senate and House of Representatives; and
(iv) the Committee on Government Reform of
the House of Representatives.
(B) Contents.--Each report under this paragraph
shall include--
(i) the extent to which Federal relief
funds have been given to individuals and
organizations most in need of financial
assistance;
(ii) the extent to which Federal
reconstruction funds have been made available
to business entities that are based in
Louisiana, Mississippi, Alabama, or Florida or
business entities that hire workers who resided
in those States on August 24, 2005; and
(iii) the extent to which Federal agencies
have made use of sole source, no-bid or cost-
plus contracts.
(C) First report.--The first report under this
paragraph shall be submitted for the first full month
for which a Chief Financial Officer has been appointed.
(d) Responsibilities of Chief Financial Officers.--Nothing in this
Act shall be construed to relieve the responsibilities of any Chief
Financial Officer under section 902 of title 31, United States Code.
(e) Availability of Records.--Upon request to the Chief Financial
Officer, the Office shall make the records of the Office available to
the Inspector General of any Federal agency performing recovery
activities relating to Hurricane Katrina, or to any Special Inspector
General designated to investigate such activities, for the purpose of
performing the duties of that Inspector General under the Inspector
General Act of 1978 (5 U.S.C. App.).
SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY OFFICE.
The Government Accountability Office shall provide quarterly
reports to the committees desrcibed under section 3(c)(4)(A) relating
to all activities and expenditures overseen by the Office, including--
(1) the accuracy of reports submitted by the Chief
Financial Officer to Congress;
(2) the extent to which agencies performing activities
relating to the recovery from Hurricane Katrina have made use
of sole source, no-bid or cost-plus contracts;
(3) whether Federal funds expended by State and local
government agencies were spent for their intended use;
(4) the extent to which Federal relief funds have been
distributed to individuals and organizations most affected by
Hurricane Katrina and Federal reconstruction funds have been
made available to business entities that are based in
Louisiana, Mississippi, Alabama, or Florida or business
entities that hire workers who resided in those States on
August 24, 2005; and
(5) the extent to which internal controls to prevent waste,
fraud, or abuse exist in the use of Federal funds relating to
the recovery from Hurricane Katrina.
SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES.
(a) In General.--The President shall provide administrative and
support services (including office space) for the Office and the Chief
Financial Officer.
(b) Personnel.--The President shall provide for personnel for the
Office through the detail of Federal employees. Any Federal employee
may be detailed to the Office without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out this Act.
SEC. 7. TERMINATION OF OFFICE.
(a) In General.--The Office and position of Chief Financial Officer
shall terminate 1 year after the date of enactment of this Act.
(b) Extension.--The President may extend the date of termination
annually under subsection (a) to any date occurring before 5 years
after the date of enactment of this Act.
(c) Notification.--The President shall notify the committees
described under section 3(c)(4)(A) 60 days before any extension of the
date of termination under this section.
Calendar No. 226
109th CONGRESS
1st Session
S. 1700
_______________________________________________________________________
A BILL
To establish an Office of the Hurricane Katrina Recovery Chief
Financial Officer, and for other purposes.
_______________________________________________________________________
September 27, 2005
Reported with an amendment