Appendix A - Statutory Requirements

Appendix A - Statutory Requirements This appendix cross-references pages of this Report to the reporting requirements under Public Law 108-106, Section 3001, as amended by P.L. 108-375. Special Inspector General for Iraq Reconstruction January 30, 2005 Report to Congress Appendix A-1 Cross-reference of Report to Public Law 108-106 (as amended by P.L. 108-375) Supervision Section Statute SIGIR Action Page # Section 3001(e)(1) The Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. • Report to Secretary of State and Secretary of Defense 7-12 Duties Section Statute SIGIR Action Page # Section 3001(f)(1) It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available to the Iraq Relief and Reconstruction Fund, and of the programs, operations, and contracts carried out utilizing such funds, including— • Review appropriated funds • Programs, operations, contracts using appropriated funds 13-31, 55-102 Section 3001(f)(1)(A) The oversight and accounting of the obligation and expenditure of such funds; • Review obligations and expenditures of appropriated funds 13-31, 75-102 The monitoring and review of reconstruction activities funded by such funds; Section 3001(f)(1)(B) • Review reconstruction activities funded by appropriations 13-31, 75-102 Section 3001(f)(1)(C) The monitoring and review of contracts funded by such funds; • Review contracts using appropriated funds 13-31, 75-102 Section 3001(f)(1)(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; • Review internal and external transfers of appropriated funds 13-31, 75-102 Section 3001(f)(1)(E) The maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. • Maintain audit records 13-31 Section 3001(f)(2) The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duty. • Establish, maintain, and oversee systems, procedures, and controls 13-31 Section 3001(f)(3) In addition, the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978. • Duties as specified in IG Act 7-12, 13-31 Appendix A-2 Special Inspector General for Iraq Reconstruction January 30, 2005 Report to Congress Section Statute SIGIR Action Page # Section 3001(f)(4) (A)(B)&(C) The Inspector General shall coordinate with, and receive the cooperation of, each of the following: The Inspector General of the Department of State, The Inspector General of the Department of Defense, and The Inspector General of the United States Agency for International Development • Coordination with IGs of State, DoD, and USAID 13-31, 41-42, App. O Personnel, Facilities, and Other Resources Section Statute SIGIR Action Page # Section 3001(h)(4)(A) 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. • Expect support as requested 13-31, 41-42 Reports Section Statute SIGIR Action Page # Section 3001(i)(1) Not later than 30 days after the end of each fiscal-year quarter, the 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 Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available to the Iraq Relief and Reconstruction Fund. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with reconstruction and rehabilitation activities in Iraq, including the following • Report – 30 days after the end of each calendar quarter • Summarize activities of IG • Detailed statement of all obligations, expenditures, and revenues 1, 7-12, 55-102 Section 3001(i)(1)(A) Obligations and expenditures of appropriated funds. • Obligations and expenditures of appropriated funds 75-102 Section 3001(i)(1)(B) A project-by-project and program-by-program accounting of the costs incurred to date for the reconstruction of Iraq, together with the estimate of the Department of Defense, the Department of State, and the United States Agency for International Development, as applicable, of the costs to complete each project and each program. • Project-by-project and program-by-program accounting of costs • Estimate cost to complete each project or program 75-102, Apps. D, E, F, G, H Special Inspector General for Iraq Reconstruction January 30, 2005 Report to Congress Appendix A-3 Section Statute SIGIR Action Page # Section 3001(i)(1)(C) Revenues attributable to or consisting of funds provided by foreign nations or international organizations, and any obligations or expenditures of such revenues. • Revenues, obligations, and expenditures of donor funds 75-102, Apps. G, H Section 3001(i)(1)(D) Revenues attributable to or consisting of foreign assets seized or frozen, and any obligations or expenditures of such revenues. • Revenues, obligations, and expenditures of funds from seized or frozen assets 75-102, Apps. E, F Section 3001(i)(1)(E) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available to the Iraq Relief and Reconstruction Fund. • Operating expenses of agencies or any organization receiving appropriated funds 75-102 Section 3001(i)(1)(F) In the case of any contract described in paragraph (i)(2) (*see Section 3001 (i) (2) below) N/A The amount of the contract or other agreement; Section 3001(i)(1)(F)(i) • Amount of each contract or other agreement 103-107, App. K Section 3001(i)(1)(F)(ii) A brief discussion of the scope of the contract or other agreement; • Brief discussion of each contract scope 103-107, App. K Section 3001(i)(1)(F)(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... • Discussion of how potential contractors were identified, how offers were solicited, and a list of contractors that were issued solicitations 103-107, App. K Section 3001(i)(1)(F)(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. • Justification and approval documents for contracts that were not full and open competitions 103-107, App. K Section 3001(i)(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 to the Iraq Relief and Reconstruction Fund with any public or private sector entity for any of the following purposes: • Describes a contract N/A Section 3001(i)(2)(A) To build or rebuild physical infrastructure of Iraq. • Describes a contract N/A Section 3001(i)(2)(B) To establish or reestablish a political or societal institution of Iraq. • Describes a contract N/A Appendix A-4 Special Inspector General for Iraq Reconstruction January 30, 2005 Report to Congress Section Statute SIGIR Action Page # Section 3001(i)(2)(C) To provide products or services to the people of Iraq. • Describes a contract N/A Section 3001(i)(3) The Inspector General shall submit to the appropriate committees of Congress semiannual reports meeting the requirements of section 5 of the Inspector General Act of 1978. The first such report for a year, covering the first six months of the year, shall be submitted not later than July 31 of that year, and the second such report, covering the second six months of the year, shall be submitted not later than January 31 of the following year. • Will be submitted no later than July 31 of that year, and every six months thereafter 8-12 Section 3001(i)(4) The Inspector General shall publish each report under this subsection in both English and Arabic on the Internet website of the Secretary of State and the Secretary of Defense. • SIGIR will take final written report in electronic format, translate, and post to Website; encourage the DoD and DoS to link to SIGIR Website 8-12 Section 3001(i)(5) Each report under this subsection may include a classified annex if the Inspector General considers it necessary. • If necessary, develop a classified annex N/A Report Coordination Section Statute SIGIR Action Page # Section 3001(j) The Inspector General shall also submit each report under subsection (i) to the Secretary of State and the Secretary of Defense. • Submit report to Secretary of State and Secretary of Defense N/A Table A-1 Special Inspector General for Iraq Reconstruction January 30, 2005 Report to Congress Appendix A-5