INTERAGENCY COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM REALIGNMENT.

SEC. 2835. INTERAGENCY COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM REALIGNMENT.(a) Interagency Coordination Group.—There is hereby established the Interagency Coordination Group of Inspectors General for Guam Realignment (in this section referred to as the “Interagency Coordination Group”)—(1) to provide for the objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available for military construction on Guam in connection with the realignment of military installations and the relocation of military personnel on Guam; and(2) to provide for coordination of, and recommendations on, policies designed—(A) to promote economic efficiency and effectiveness in the administration of the programs and operations described in paragraph (1); and(B) to prevent and detect waste, fraud, and abuse in such programs and operations.(b) Membership.—(1) Chairperson.—The Inspector General of the Department of Defense shall serve as chairperson of the Interagency Coordination Group.(2) Additional members.—Additional members of the Interagency Coordination Group shall include the Inspector General of the Department of Interior and the Inspector General of such other Federal agencies as the chairperson considers appropriate to carry out the duties of the Interagency Coordination Group.(c) Duties.—(1) Oversight of guam construction.—It shall be the duty of the Interagency Coordination Group to conduct, supervise, and coordinate audits and investigations of the treatment, 123 STAT. 2675 handling, and expenditure of amounts appropriated or otherwise made available for military construction on Guam 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 construction 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 departments, agencies, and entities of the United States and private and nongovernmental entities;(E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such fund; and(F) the monitoring and review of the implementation of the Defense Posture Review Initiative relating to the realignment of military installations and the relocation of military personnel on Guam.(2) Other duties related to oversight.—The Interagency Coordination Group shall establish, maintain, and oversee such systems, procedures, and controls as the Interagency Coordination Group considers appropriate to discharge the duties under paragraph (1).(3) Oversight plan.—The chairperson of the Interagency Coordination Group shall prepare an annual oversight plan detailing planned audits and reviews related to the Guam realignment.(d) Assistance From Federal Agencies.—(1) Provision of assistance.—Upon request of the Interagency Coordination Group 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 Interagency Coordination Group.(2) Reporting of refused assistance.—Whenever information or assistance requested by the Interagency Coordination Group is, in the judgment of the chairperson of the Interagency Coordination Group, unreasonably refused or not provided, the chairperson shall report the circumstances to the Secretary of Defense and to the congressional defense committees without delay.(e) Reports.—(1) Annual reports.—Not later than February 1 of each year, the chairperson of the Interagency Coordination Group shall submit to the congressional defense committees, the Secretary of Defense, and the Secretary of the Interior a report summarizing, for the preceding calendar year, the activities of the Interagency Coordination Group during such year and the activities under programs and operations funded with amounts appropriated or otherwise made available for military construction on Guam. Each report shall include, for the year covered by the report, a detailed statement of all obligations, 123 STAT. 2676 expenditures, and revenues associated with such construction, including the following:(A) Obligations and expenditures of appropriated funds.(B) A project-by-project and program-by-program accounting of the costs incurred to date for military construction in connection with the realignment of military installations and the relocation of military personnel on Guam, together with the estimate of the Department of Defense and the Department of the Interior, as applicable, of the costs to complete each project and each program.(C) Revenues attributable to or consisting of funds contributed by the Government of Japan in connection with the realignment of military installations and the relocation of military personnel on Guam and any obligations or expenditures of such revenues.(D) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for military construction on Guam.(E) In the case of any contract, grant, agreement, or other funding mechanism described in paragraph (2)—(i) the amount of the contract, grant, agreement, or other funding mechanism;(ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism;(iii) a discussion of how the department or agency of the United States Government involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a list of the potential individuals or entities 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.(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—(A) is entered into by any department or agency of the United States Government with any public or private sector entity; and(B) involves the use of amounts appropriated or otherwise made available for military construction on Guam.(3) Form.—Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex if the Interagency Coordination Group considers it necessary.(4) Rule of construction.—Nothing in this subsection shall be construed to authorize the public disclosure of information that is—(A) specifically prohibited from disclosure by any other provision of law;(B) specifically required by Executive order to be protected from disclosure in the interest of national defense 123 STAT. 2677 or national security or in the conduct of foreign affairs; or(C) a part of an ongoing criminal investigation.(5) Submission of comments.—Not later than 30 days after receipt of a report under paragraph (1), the Secretary of Defense or the Secretary of the Interior may submit to the congressional defense committees any comments on the matters covered by the report as the Secretary concerned considers appropriate. Any comments on the matters covered by the report shall be submitted in unclassified form, but may include a classified annex if the Secretary concerned considers it necessary.(f) Public Availability; Waiver.—(1) Public availability.—The Interagency Coordination Group shall publish on a publically-available Internet website each report prepared under subsection (e). Any comments on the report submitted under paragraph (5) of such subsection shall also be published on such website.(2) Waiver authority.—The President may waive the requirement under paragraph (1) with respect to availability to the public of any element in a report under subsection (e), or any comment with respect to a report, if the President determines that the waiver is justified for national security reasons.(3) Notice of waiver.—The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which a report required under subsection (e), or any comment under paragraph (5) of such subsection, is submitted to the congressional defense committees. The report and comments shall specify whether waivers under this subsection were made and with respect to which elements in the report or which comments, as appropriate.(g) Definitions.—In this section:(1) Amounts appropriated or otherwise made available.—The term “amounts appropriated or otherwise made available for military construction on Guam” includes amounts derived from the Support for United States Relocation to Guam Account.(2) Guam.—The term “Guam” includes any island in the Northern Mariana Islands.(h) Termination.—(1) In general.—The Interagency Coordination Group shall terminate upon the expenditure of 90 percent of all funds appropriated or otherwise made available for Guam realignment.(2) Final report.—Before the termination of the Interagency Coordination Group pursuant to paragraph (1), the chairperson of the Interagency Coordination Group shall prepare and submit to the congressional defense committees a final report containing—(A) notice that the termination condition in paragraph (1) has occurred; and(B) a final forensic audit on programs and operations funded with amounts appropriated or otherwise made available for military construction on Guam.123 STAT. 2678