Hurricane Katrina Related Oversight Legislation
Click here for Senate Bills, House Bills, Amendments or Resolutions

The Office of Inspector General is establishing an Office for Hurricane Katrina Oversight to focus on preventing problems through a proactive program of internal control reviews and contract audits to ensure disaster assistance funds are being spent wisely. To learn more, click here.

SENATE BILLS

S. 3721 - Post Katrina Emergency Management Reform Act of 2006
Sponsor: Sen. Susan M. Collins (R-ME)

Post Katrina Emergency Management Reform Act of 2006 - Amends the Homeland Security Act of 2002 (the Act) to replace the Federal Emergency Management Agency and provisions establishing a Directorate of Emergency Preparedness and Response with provisions establishing the United States Emergency Management Authority (USEMA) within the Department of Homeland Security (DHS). Provides that USEMA shall be headed by an Administrator, who shall be the President's principal emergency preparedness and response advisor. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, in a major disaster, to: (1) provide accelerated federal support and expanded assistance to state and local governments in recovery; and (2) provide catastrophic damage assistance, including mortgage or rental payments and unemployment assistance. Authorizes making semi-permanent housing units a part of Stafford Act assistance. Directs the Administrator to: (1) develop a National Disaster Recovery Strategy; (2) develop a National Disaster Housing Strategy; (3) appoint a Disability Coordinator; and (4) establish a National Emergency Family Registry and Locator System. Provides for the establishment of: (1) a Contingency Contracting Corps of temporary volunteers to assist agencies with contracting activities during emergencies; and (2) a preference for the use of local firms and individuals in the expenditure of federal funds for major disaster or emergency assistance activities. Requires the Administrator to: (1) establish an identity verification process for Individuals and Households Program registrants; (2) create a registry of contractors capable of performing emergency relief activities; and (3) report on the use of advance contracts.
August 3, 2006

S. 2774 - Local Disaster Contracting Fairness Act of 2006
Sponsor: Sen. David Vitter

Local Disaster Contracting Fairness Act of 2006 - Prohibits the head of an executive agency from entering into an agreement for debris removal or demolition services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts unless the agreement specifies that: (1) all of the work under the contract will be performed by the prime contractor or one or more subcontractors at one tier under the contract; (2) any work performed under the contract by subcontractors will be performed by local subcontractors, except to the extent that local subcontractors are not available to perform any such work; (3) the prime contractor will act as the project manager or construction manager for the contract; and (4) the prime contractor has primary responsibility for managing all work under the contract and is to be paid a certain percentage of the overall value of the contract as sole compensation for assuming the risk associated with such responsibility.May 10, 2006.

S. 2361 - Honest Leadership and Accountability in Contracting Act of 2006
Sponsor: Sen. Byron L. Dorgan (D-ND)

Requires revision of the Federal Acquisition Regulation (FAR) to provide that no prospective contractor shall be considered to have a satisfactory record of integrity and ethics if it has a pattern of either overcharging the government or failing to comply with the law. Provides for the disclosure to Congress of audit reports issued by executive agencies. Requires the Federal Procurement Data System to be modified to include publication of information on specified federal contractor penalties and violations. March 2, 2006.
Follow this link to Senator Dorgan's press release.

S. 2277 - Reconstruction Accountability and Fraud Prevention Act of 2005
Sponsor: Sen. Richard Durbin (D-IL)

Prohibits, except as provided in this Act, any of the funds appropriated or otherwise made available by the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005, by the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005, or through the Iraq Relief and Reconstruction Fund from being obligated or spent in connection with a contract or covered task order entered into after enactment of this Act with a contractor that, during the previous five years: (1) has been found by an executive agency or any Inspector General to have overcharged or improperly billed the federal government by a total of at least $10 million through one or more overcharges; (2) has been found by such an agency or any Inspector General to have committed one or more fraudulent acts resulting in total costs or losses to the federal government of at least $10 million; or (3) has been suspended or debarred for at least a one-year period under the federal suspension and debarment regulations. Defines "covered task order" to mean a task order valued at more than $10 million entered into pursuant to a contract entered into before this Act's enactment. February 13, 2006.
Follow the link to Senator Durbin's press release.

S. 1871 -- To repeal the increased micropurchase threshold.
Sponsor: Senator Susan Collins (R-ME)
The bill would repeal the $250,000 micropurchase authority for property and services for support of Hurricane Katrina relief and rescue operations, which was ripe for government credit card abuse.  October 17, 2005 .

S. 1863 Gulf Coast Recovery and Disaster Preparedness Act of 2005
Sponsors: Senator Judd Gregg (R-NH) and Senator Edward Kennedy (D-MA)
Senator Judd Gregg (R-NH), Chairman of the Senate Budget Committee and Chairman of the Senate Appropriations Subcommittee on Homeland Security, joined with Senator Ted Kennedy (D-MA) to introduce a bill to create the Gulf Coast Recovery and Disaster Preparedness Agency -- a central authority to oversee the entire recovery effort in the region. October 6, 2005.
Follow this link to Senator Gregg’s press release. Follow this link to Senator Kennedy’s press release.

S. 1844 - Hurricane Katrina and Hurricane Rita Fairness in Contracting Act of 2005
Sponsor: Sen. David Vitter (R-LA)

Requires agencies, in entering into a contract to procure property or services in connection with Hurricane Katrina or Rita reconstruction efforts, to use specified competitive procedures.  Agencies would only be to enter into a contract to procure property or services in connection with such reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. 
October 6, 2005.
Follow this link to Sen. Vitter's press release.

S. 1805 -- To repeal the increase in micropurchase authority for property and services for support of Hurricane Katrina relief and rescue operations
Sponsors:  Senators Byron Dorgan (D-ND) and Ron Wyden (D-OR)
The bill would repeal the $250,000 micropurchase authority for property and services for support of Hurricane Katrina relief and rescue operations, which was ripe for government credit card abuse.  September 30, 2005 .
Follow the link to Senator Dorgan’s press release. Follow this link to Senator Wyden’s press release.
 

Follow this link to the Office of Management and Budget’s guidance to federal agencies that effectively returns the purchase limit for government credit card purchases to pre-hurricane levels. October 3, 2005.


S. 1777 -- The Katrina Emergency Assistance Act of 2005
Sponsor:  Senator Susan Collins (R-ME)
The bill would provide relief for the victims of Hurricane Katrina and repeal the increased micro-purchase threshold that allows government employees to use government credit card for purchases up to $250,000 (see Section 5).  September 27, 2005 .
Follow this link to Senate Committee on Homeland Security and Governmental Affairs press release or follow this Link to Senator Lieberman’s press release.

S. 1744 -- Price Gouging Act of 2005
Sponsors:  Senator Ben Nelson (D-FL) and Jeff Bingaman (D-NM) The bill would prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters.  September 21, 2005 .
Follow the link to Senator
Nelson’s press release. Follow this link to Senator
Bingaman’s press release.

S. 1738 -- Special Inspector General for Relief and Reconstruction Act of 2005
Sponsors: Senator Susan Collins (R-ME) and Senator Joseph Lieberman (D-CT)
Chairman of the Senate Homeland Security and Governmental Affairs Committee Susan Collins and Ranking Member Joseph Lieberman, unveiled details of a bill they are introducing to help ensure that the billions of taxpayer dollars appropriated for recovery efforts in the wake of Hurricane Katrina are spent effectively and free from waste, fraud, and abuse. Their legislation would direct the Special Inspector General for Relief and Reconstruction (SIGR) to oversee and audit federal Katrina-related expenditures which, to date, already exceed $60 billion. September 15, 2005.
Follow the link to the Senate Committee On Homeland Security and Governmental Affairs Press Release. Senator Tim Johnson (D-SD) asks for hearings on the integrity of federal recovery expenditures.  September 28, 2005.
 Follow the link to the press release about this amendment. Senators Collins and Lieberman urge Senate Leadership to consider Katrina-Related bills to prevent fraud, waste, and abuse.  October 12, 2005 .

S. 1720 -- Katrina Waste, Fraud, and Abuse Deterrence Act of 2005
Sponsor: Senator John Cornyn (R-TX)
U.S. Sen. John Cornyn (R-Texas), a member of the Senate Judiciary Committee, introduced legislation on Monday to prevent and prosecute fraud, theft or embezzlement of Katrina disaster funds. The Katrina Waste, Fraud and Abuse Deterrence Act of 2005 amends Title 18 of the U.S. Code to provide for a mandatory minimum penalty of five years in prison, and up to 20 years, for any crime involving Katrina relief funds. September 19, 2005.
Follow the link for Senator Cornyn's Press Release

S. 1700 -- Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005
Sponsors: Senator Tom Coburn (R-OK) and Senator Barack Obama (D-IL)

U.S. Senators Tom Coburn, M.D. (R-OK) and Barack Obama (D-IL) today introduced the “Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement (OVERSEE) Act,” which is designed to ensure financial integrity in the Hurricane Katrina relief and recovery effort. Setpember 14, 2005.
Follow the links for Senator Coburn's Press Release or Senator Obama's Press Release.
Senators Collins and Lieberman urge Senate Leadership to consider Katrina-Related bills to prevent fraud, waste, and abuse.  October 12, 2005 .


HOUSE BILLS

H.R. 5981 - Competitiveness in Contracting Act
Sponsor: Rep. Leonard L. Boswell (D-IA)

This bill would limit the nonecompetitive award of Federal contracts in response to major disasters and emergencies, and for other purposes.
July 28, 2006
Follow the link to Rep. Boswell's Press Release.

H.R. 4979 - Local Community Recovery Act of 2006 (Public Law No: 109-218)
Sponsor: Rep. Charles W. (Chip) Pickering (R-MS)

This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act provisions requiring giving preferenc ein the expenditure of federal funds for major disaster or emergency assistance activities to local organizations, firms, or individuals to permit a contract or agreement for such activities to be set aside for award based on a specific geographic area.  It also urges the Corps of Engineers to promptly implement the GAO decision in a solicition dated March 20, 2006, that such Act allows for geographic preferences. March 16, 2006.
Follow the link to Rep. Pickering's Press Release.

H.R. 4427 - To direct the Secretary of Homeland Security to establish a database of small businesses for purposes of consultation by Federal agencies prior to awarding contracts relating to declared emergencies
Sponsor: Rep Bennie G. Thompson (D-MS)

Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Director of FEMA, to establish a database of small business concerns which must be consulted by federal agencies before awarding a federal contract for a disaster-related activity.
November 18, 2005

H.R. 4258 - Planning for Evaucations of People in Life-Threatening Emergencies Act
Sponsor: Rep. Christopher Shays (R-CT)

This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of FEMA, in approving standards for state and local emergency preparedness operational plans, to ensure that such plans include procedures for evacuating individuals from an area in preparation for anticipated hazards. November 8, 2005.

H.R. 3838 -- Hurricane Katrina Accountability and Contracting Reform Act
Sponsors: Representative Henry Waxman (D-CA) and Representative Nancy Pelosi (D-CA)
Rep. Waxman and Democratic Leader Pelosi Introduce Legislation to Oversee Gulf Coast Contracting Democratic Leader Pelosi and Rep. Waxman announce their Hurricane Katrina Accountability and Clean Contracting Bill, which would ensure accountability in reconstruction of the Gulf Coast and establish an independent anti-fraud commission to prevente waste, fraud, and abuse in relief and recovery contracts. September 20, 2005.
Follow the link for the House Government Reform Committee's Press Release

H.R. 3813 -- Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005
Sponsor: Representative John Shadegg (R-AZ)

Shadegg’s bill, “The Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005” (The OVERSEE Act) would require the new Chief Financial Officer to report directly to the President and to submit monthly reports to Congress. The position would automatically terminate after one year, though the President could choose to extend it for up to two more years. The qualifications will be the same as the requirements for any other government agency CFO. An identical bill has been introduced in the U.S. Senate, with bipartisan support.
Follow the link for Representative Shadegg's Press Release

H.R. 3810 -- Special Inspectors General Council for Hurricane Katrina
Sponsors: Government Reform Committee Chairman Tom Davis
(R-VA) and Rep. Todd R. Platts (R-PA)
Chairman of the Subcommittee on Government Management, Finance, and Accountability, today introduced legislation that would create a Council of Inspectors General (IG) to coordinate and streamline accountability measures for hurricane relief efforts. September 15, 2005.
Follow the link to the Government Reform Committee Press Release.

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.
Sponsors: Representative Kendrick Meek (D-FL), Representative Ryan (D-OH) Representative McCarthy (D-NY)
The Department of Homeland Security (DHS), the umbrella agency that contains the Federal Emergency Management Agency (FEMA), is now spending more than $2 billion each day in federal response efforts. In the three years since DHS was created, reports by the Congress, the Department’s Inspector General and the Government Accountability Office have detailed instance after instance of contracting fraud, waste and abuse.
September 15, 2005.
Follow the link to Rep. Meek's Press Release.

H.R. 3766 - To simplify Federal procurement procedures for emergency and disaster relief, and for other purposes
Sponsor: Rep. Kenny Marchant (R-TX)

This bill amends the Office of Federal Procurement Policy Act to authorize the head of an executive agency, during a national emergency or major disaster, to use procurement procedures other than copetitive procedures when necessary to facilitate the response to, or recovery from, the national emergency or major disaster.  Allows such agency head to apply specified provisions of law as if the property or services to be acquired are commercial items.  This bill also authorizes FEMA to accept the services of volunteers and provide for their incidental expenses in carrying out FEMA activities other than policymaking or law or regulatory enforcement. September 14, 2005.
Follow this link to Rep. Marchant's Press Release.

H.R. 3737 -- Special Inspector General for Hurricane Katrina Recovery Act
Sponsor: Rep. Jim Kolbe (R-AZ)
Rep. Jim Kolbe (R-AZ) today introduced the “Special Inspector General for Hurricane Katrina Recovery Act of 2005.”  This bipartisan legislation creates an independent Special Inspector General to oversee funding related to Hurricane Katrina relief efforts.  September 13, 2005.
Follow the link for Rep. Kolbe's Press Release.

H.R. 3706 - To Establish a National Independent Inquiry Commission on Disaster Preparedness and Response
Sponsor: Rep. Alcee L. Hastings (D-FL)

This bill establishes the bipartisan National Independent Inquiry Commission on Disaster Preparedness and Response to examine and report on the readiness of federal, state, and local governments and agencies to respond to the dramatic effects of Hurricane Katrina and other disasters of all kinds.
September 8, 2005
Follow the link to Rep. Hasting's Press Release.

H.R. 3681 - Anti-Price Gouging Act of 2005
Sponsor: Rep. John Conyers, Jr. (D-MI)

This bill would amend the Clayton Act to make unlawful price gouging for necessary goods and services during Presidentially declared times of national disaster.
September 7, 2005

H.R. 3659 - FEMA Reorganization Bill
Sponsor: Rep. James L. Oberstar (D-MN)
The bill would reestablish the Federal Emergency Management Agency as an independent establishment in the executive branch that is responsible for the nation's preparedness and response to disasters.  Requires the Director, to be appointed by the President for a period of five years with the advice and consent of the Senate, to report directly to the President.  The Director must be appointed among persons who have extensive background in emergency or disaster-related management. September 6, 2005.
Follow the link for Rep. Obsterstar's Press Release.


AMENDMENTS

Senate Amendment 4254 - amending S. 2766
Sponsors: Sen. Barack Obama (D-IL) and Sen. Tom Coburn (R-OK)
The Amendment would require the use of competitive procedures for Federal contracts worth over $500,000 related to hurricane recovery, subject to existing limited national security, public interest, and other exceptions. June 16, 2006.

Senate Amendment 2406 to S. 1932 - Accountability and Fraud Prevention in Katrina and Iraq Contracting
Sponsor: Senator Richard Durbin (D-IL)
The amendment would restrict the government from awarding Katrina or Iraq contracts to contractors who overcharged, improperly billed, committed a fraudulent act against, or had a judgment or conviction for an offense constituting a cause for suspension or debarment. November 3, 2005.


Senate Amendment 1963 to H.R. 2863 - Truth in Contracting Amendment
Sponsor: Senator Frank Lautenberg (D-NJ)
The amendment would require that DoD create a database of all contractors with instances of improper conduct and require DoD to create a publicly available list of no-bid contracts related to Iraq Reconstruction. October 5, 2005.
Follow this link to Senator Lautenberg's Press Release.


RESOLUTIONS

S. RES. 242 -- To express the sense of the Senate that the President should appoint an individual to oversee Federal funds for the Hurricane Katrina recovery, and for other purposes.
Sponsors: Senator Jeff Sessions (R-AL) and Senator Pete Domenici (R-NM)
Follow the link to Senator Sessions' Press Release or Senator Domenici's Press Release.

H. Res. 488 -- Proving transparency to Katrina contracting
Sponsor: Rep. Steven LaTourette (R-OH)
Requesting that the President transmit to the House of Representatives information in his possession relating to contracts for services or construction related to Hurricane Katrina recovery. October 7, 2005. Follow the link to view a copy of Rep. LaTourette's press release. Or follow this link to House Transportation Committee Completes Action On H. Res. 488

H.R. Res. 467 -- Requesting that the President transmit to the House of Representatives information in his possession relating to contracts for services or construction related to Hurricane Katrina recovery that relate to wages and benefits to be paid to workers.
Sponsor: Representative George Miller (D-CA) September 27, 2005.
Follow the link to press releases on Rep. Miller's legislation.October 6, 2005 release, October 20, 2005 release, October 26, 2005 release

H.R. RES. 449 -- To create a select committee to monitor and investigate the awarding and carrying out of contracts related to the relief and reconstruction efforts in response to Hurricane Katrina.
Sponsors:
Rep. John F. Tierney (D-MA) and Rep. Jim Leach (R-IA) September 15, 2005.
Follow the link for Rep. Tierney's Press Release.

H.R. RES. 435 -- Establishment of a select committee to investigate and oversee the awarding and execution of contracts for relief and reconstruction activities in areas affected by Hurricane Katrina
Sponsor: Representative Tom Tancredo (R-CO) September 8, 2005.
Follow the link for Representative Tancredo's Press Release.

H.R. RES. 432 -- Creating a select committee to investigate the awarding and carrying out of contracts to rebuild communities devasted by Hurricane Katrina.
Sponsor: Representative Leach (R-IA) September 8, 2005.

H. Con. Res. 241 - Regarding the awarding of contracts with respect to the recovery from the devastation caused by Hurricane Katrina and Hurricane Rita
Sponsor: Rep. Spencer Bachus (R-AL)

Requires an open and fair bidding process with respect to the awarding of federal contracts for Hurricane Katrina and Hurricane Rita Recovery.
September 27, 2005

OTHER
Senator Edward Kennedy proposing that we create a New Orleans and Gulf Coast Redevelopment Authority modeled after the Tennessee Valley Authority in its heyday. We should invest at least $150 billion in its actions to work with governors and mayors and citizens and communities to plan, help fund, and coordinate for the reconstruction of that damaged region. September 7, 2005.

NEWS ARTICLES

Congress Scrambles to Deal With Katrina 'Sticker Shock', Los Angeles Times, October 9, 2005.
So much money is at stake in Hurricane Katrina rebuilding that even the watchdogs are at issue in the dogfight over how best to spend the federal largess
. read this article »


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