Whereas the wars in Iraq and Afghanistan have exerted very
large demands on the Treasury of the United States and required tremendous
sacrifice by the members of the Armed Forces of the United States;
Whereas Congress has a constitutional responsibility to
ensure comprehensive oversight of the expenditure of United States Government
funds;
Whereas waste and corporate abuse of United States
Government resources are particularly unacceptable and reprehensible during
times of war;
Whereas the magnitude of the funds involved in the
reconstruction of Afghanistan and Iraq and the war on terrorism, together with
the speed with which these funds have been committed, presents a challenge to
the effective performance of the traditional oversight function of Congress and
the auditing functions of the executive branch;
Whereas the Senate Special Committee to Investigate the
National Defense Program, popularly know as the Truman Committee, which was
established during World War II, offers a constructive precedent for bipartisan
oversight of wartime contracting that can also be extended to wartime and
postwar reconstruction activities;
Whereas the Truman Committee is credited with an extremely
successful investigative effort, performance of a significant public education
role, and achievement of fiscal savings measured in the billions of dollars;
and
Whereas the public has a right to expect that taxpayer
resources will be carefully disbursed and honestly spent: Now, therefore, be
it
1.Special Committee on War and
Reconstruction ContractingThere is established a special committee of
the Senate to be known as the Special Committee on War and Reconstruction
Contracting (hereafter in this resolution referred to as the Special
Committee
).
2.
(a)The
purpose of the Special Committee is to investigate the awarding and performance
of contracts to conduct military, security, and reconstruction activities in
Afghanistan and Iraq and to support the prosecution of the war on
terrorism.
(b)The
Special Committee shall examine the contracting actions described in subsection
(a) and report on such actions, in accordance with this section,
regarding—
(1)bidding,
contracting, accounting, and auditing standards for Federal Government
contracts;
(2)methods of
contracting, including sole-source contracts and limited competition or
noncompetitive contracts;
(3)subcontracting
under large, comprehensive contracts;
(4)oversight
procedures;
(5)consequences of
cost-plus and fixed price contracting;
(6)allegations of
wasteful and fraudulent practices;
(7)accountability of
contractors and Government officials involved in procurement and
contracting;
(8)penalties for
violations of law and abuses in the awarding and performance of Government
contracts; and
(9)lessons learned from the
contracting process used in Iraq and Afghanistan and in connection with the war
on terrorism with respect to the structure, coordination, management policies,
and procedures of the Federal Government.
(c)In carrying out its duties, the Special Committee
shall ascertain and evaluate the evidence developed by all relevant
governmental agencies regarding the facts and circumstances relevant to
contracts described in subsection (a).
3.Composition of
Special Committee
(a)
(1)The Special Committee shall consist of 7 members of the
Senate of whom—
(A)4 members shall
be appointed by the President pro tempore of the Senate, in consultation with
the majority leader of the Senate; and
(B)3 members shall
be appointed by the minority leader of the Senate.
(2)The
appointments of the members of the Special Committee shall be made not later
than 90 days after the date of the enactment of this Act.
(b)Any
vacancy in the Special Committee shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(c)Service
of a Senator as a member, chairman, or ranking member of the Special Committee
shall not be taken into account for the purposes of paragraph (4) of rule XXV
of the Standing Rules of the Senate.
(d)Chairman and
ranking memberThe chairman of the Special Committee shall be
designated by the majority leader of the Senate, and the ranking member of the
Special Committee shall be designated by the minority leader of the
Senate.
(e)
(1)Reports and
recommendationsA majority of the members of the Special
Committee shall constitute a quorum for the purpose of reporting a matter or
recommendation to the Senate.
(2)One
member of the Special Committee shall constitute a quorum for the purpose of
taking testimony.
(3)A majority of the members of the Special Committee, or
1/3 of the members of the Special Committee if at least
one member of the minority party is present, shall constitute a quorum for the
purpose of conducting any other business of the Special Committee.
4.
(a)Governance
under Standing Rules of SenateExcept as otherwise specifically
provided in this resolution, the investigation, study, and hearings conducted
by the Special Committee shall be governed by the Standing Rules of the
Senate.
(b)Additional
rules and proceduresThe Special Committee may adopt additional
rules or procedures if the chairman and ranking member agree that such
additional rules or procedures are necessary to enable the Special Committee to
conduct the investigation, study, and hearings authorized by this resolution.
Any such additional rules and procedures—
(1)shall not be
inconsistent with this resolution or the Standing Rules of the Senate;
and
(2)shall become
effective upon publication in the Congressional Record.
5.Authority of
Special Committee
(a)The Special Committee may exercise all of the powers and
responsibilities of a committee under rule XXVI of the Standing Rules of the
Senate.
(b)The
Special Committee or, at its direction, any subcommittee or member of the
Special Committee, may, for the purpose of carrying out this resolution—
(1)
hold such hearings, sit and act at such times and places, take
such testimony, receive such evidence, and administer such oaths as the Special
Committee or such subcommittee or member considers advisable; and
(2)
require, by subpoena or otherwise, the attendance and testimony
of such witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, tapes, and materials as the Special Committee
considers advisable.
(c)
Issuance and enforcement of subpoenas
(1)
Subpoenas issued under subsection (b) shall bear the signature of
the Chairman of the Special Committee and shall be served by any person or
class of persons designated by the Chairman for that purpose.
(2)In
the case of contumacy or failure to obey a subpoena issued under subsection
(a), the United States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue an order
requiring such person to appear at any designated place to testify or to
produce documentary or other evidence. Any failure to obey the order of the
court may be punished by the court as a contempt of that court.
(d)The
Special Committee may sit and act at any time or place during sessions,
recesses, and adjournment periods of the Senate.
6.
(a)The Special Committee shall submit to the Senate a report
on the investigation conducted pursuant to section 2 not later than 270 days
after the appointment of the Special Committee members.
(b)The Special Committee shall submit an updated report on
such investigation not later than 180 days after the submission of the report
under subsection (a).
(c)The Special Committee may submit any additional report or
reports that the Special Committee considers appropriate.
(d)Findings and
RecommendationsThe reports under this section shall include
findings and recommendations of the Special Committee regarding the matters
considered under section 2.
(e)Any report made by the Special Committee when the Senate
is not in session shall be submitted to the Clerk of the Senate. Any report
made by the Special Committee shall be referred to the committee or committees
that have jurisdiction over the subject matter of the report.
7.Administrative
provisions
(a)
(1)The Special Committee may employ in
accordance with paragraph (2) a staff composed of such clerical, investigatory,
legal, technical, and other personnel as the Special Committee, or the chairman
or the ranking member, considers necessary or appropriate.
(2)
(A)The Special Committee shall appoint a staff for the
majority, a staff for the minority, and a nondesignated staff.
(B)The majority staff shall be appointed, and may be removed,
by the chairman and shall work under the general supervision and direction of
the chairman.
(C)The minority staff shall be appointed, and may be removed,
by the ranking member of the Special Committee, and shall work under the
general supervision and direction of such member.
(D)Nondesignated staff shall be appointed, and may be removed,
jointly by the chairman and the ranking member, and shall work under the joint
general supervision and direction of the chairman and ranking member.
(b)
(1)The chairman shall fix the compensation of all personnel of
the majority staff of the Special Committee.
(2)The ranking member shall fix the compensation of all
personnel of the minority staff of the Special Committee.
(3)The chairman and ranking member shall jointly fix the
compensation of all nondesignated staff of the Special Committee, within the
budget approved for such purposes for the Special Committee.
(c)Reimbursement
of expensesThe Special Committee may reimburse the members of
its staff for travel, subsistence, and other necessary expenses incurred by
such staff members in the performance of their functions for the Special
Committee.
(d)There shall be paid out of the applicable accounts of
the Senate such sums as may be necessary for the expenses of the Special
Committee. Such payments shall be made on vouchers signed by the chairman of
the Special Committee and approved in the manner directed by the Committee on
Rules and Administration of the Senate. Amounts made available under this
subsection shall be expended in accordance with regulations prescribed by the
Committee on Rules and Administration of the Senate.
8.The Special Committee shall terminate on
February 28, 2007.