[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 116 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. RES. 116

 Creating a select committee to investigate the awarding and carrying 
 out of contracts to conduct activities in Afghanistan and Iraq and to 
                      fight the war on terrorism.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2005

    Mr. Leach (for himself and Mr. Tierney) submitted the following 
        resolution; which was referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
 Creating a select committee to investigate the awarding and carrying 
 out of contracts to conduct activities in Afghanistan and Iraq and to 
                      fight the war on terrorism.

Whereas challenges to the national security have forced America to commit very 
        large sums of Government funds to support operations in Afghanistan and 
        Iraq and improve the security for the homeland;
Whereas Congress has a responsibility to ensure comprehensive oversight when 
        Government funds are at issue;
Whereas the great size of the funds involved, together with the necessary speed 
        with which these funds are committed, presents a challenge to the 
        traditional oversight function of Congress;
Whereas conflicts of interest and Government overcharging are a danger whenever 
        large sums of money are at stake, and are particularly unseemly in times 
        of war;
Whereas in this age of global economic interdependence, the Administration has 
        made a commitment to let contracts to foreign as well as domestic 
        companies;
Whereas oversight should not be considered a partisan activity but viewed solely 
        in the context of preserving public resources and bolstering people's 
        confidence in the Government;
Whereas the Truman Committee in World War II stands as a constructive precedent 
        for bipartisan oversight of wartime contracting;
Whereas the Truman Committee was established within a Congress controlled by the 
        same party as the Executive;
Whereas in times marked by corporate abuses and cheating, the integrity of the 
        procurement process is of paramount importance to sustain the public's 
        support for government programs; and
Whereas whatever the merits of Government policy, the public has a right to 
        expect that war profiteering does not occur and that its resources are 
        carefully disbursed and honestly spent: Now therefore be it
    Resolved,  That, until otherwise provided by law, there is hereby 
created a select committee to investigate the awarding and carrying out 
of contracts to conduct activities in Afghanistan and Iraq and to fight 
the war on terrorism (hereinafter referred to as the ``select 
committee'').

                        membership and functions

    Sec. 2. The select committee is to be composed of 15 Members of the 
House, to be appointed by the Speaker (of whom 7 shall be appointed 
upon the recommendation of the minority leader), one of whom shall be 
designated as chairman from the majority party and one of whom shall be 
designated ranking member from the minority party. Any vacancy 
occurring in the membership of the select committee shall be filled in 
the same manner in which the original appointment was made. The select 
committee shall conduct an ongoing study and investigation of the 
awarding and carrying out of contracts by the Government to conduct 
activities in Afghanistan and Iraq and to fight the war on terrorism 
and make such recommendations to the House as the select committee 
deems appropriate regarding the following matters--
            (1) bidding, contracting, and auditing standards in the 
        issuance of Government contracts;
            (2) oversight procedures;
            (3) forms of payment and safeguards against money 
        laundering;
            (4) accountability of contractors and Government officials 
        involved in procurement;
            (5) penalties for violations of law and abuses in the 
        awarding and carrying out of Government contracts;
            (6) subcontracting under large, comprehensive contracts;
            (7) inclusion and utilization of small businesses, through 
        subcontracts or otherwise; and
            (8) such other matters as the select committee deems 
        appropriate.

                          rules and procedure

    Sec. 3. (a) Quorum.--One-third of the members of the select 
committee shall constitute a quorum for the transaction of business 
except for the reporting of the results of its study and investigation 
(with its recommendations) or the authorization of subpoenas, which 
shall require a majority of the committee to be actually present, 
except that the select committee may designate a lesser number, but not 
less than two, as a quorum for the purpose of holding hearings to take 
testimony and receive evidence.
    (b) Powers.--For the purpose of carrying out this resolution, the 
select committee may sit and act during the present Congress at any 
time and place within the United States or elsewhere, whether the House 
is in session, has recessed, or has adjourned and hold such hearings as 
it considers necessary and to require, by subpoena or otherwise, the 
attendance and testimony of such witnesses, the furnishing of 
information by interrogatory, and the production of such books, 
records, correspondence, memoranda, papers, documents, and other things 
and information of any kind as it deems necessary, including classified 
materials.
    (c) Issuance of Subpoenas.--A subpoena may be authorized and issued 
by the select committee in the conduct of any investigation or series 
of investigations or activities, only when authorized by a majority of 
the members voting, a majority being present. Authorized subpoenas 
shall be signed by the chairman or by any member designated by the 
select committee, and may be served by any person designated by the 
chairman or such member. Subpoenas shall be issued under the seal of 
the House and attested by the Clerk. The select committee may request 
investigations, reports, and other assistance from any agency of the 
executive, legislative, and judicial branches of the Government.
    (d) Meetings.--The chairman, or in his absence a member designated 
by the chairman, shall preside at all meetings and hearings of the 
select committee. All meetings and hearings of the select committee 
shall be conducted in open session, unless a majority of members of the 
select committee voting, there being in attendance the requisite number 
required for the purpose of hearings to take testimony, vote to close a 
meeting or hearing.
    (e) Applicabilities of Rules of the House.--The Rules of the House 
of Representatives applicable to standing committees shall govern the 
select committee where not inconsistent with this resolution.
    (f) Written Commitee Rules.--The select committee shall adopt 
additional written rules, which shall be public, to govern its 
procedures, which shall not be inconsistent with this resolution or the 
Rules of the House of Representatives.

                       administrative provisions

    Sec. 4. (a) Appointment of Staff.--The select committee staff shall 
be appointed, and may be removed, by the chairman and shall work under 
the general supervision and direction of the chairman.
    (b) Powers of Ranking Minority Member.--All staff provided to the 
minority party members of the select committee shall be appointed, and 
may be removed, by the ranking minority member of the committee, and 
shall work under the general supervision and direction of such member.
    (c) Compensation.--The chairman shall fix the compensation of all 
staff of the select committee, after consultation with the ranking 
minority member regarding any minority party staff, within the budget 
approved for such purposes for the select committee.
    (d) Reimbursement of Expenses.--The select committee may reimburse 
the members of its staff for travel, subsistence, and other necessary 
expenses incurred by them in the performance of the their functions for 
the select committee.
    (e) Payment of Expenses.--There shall be paid out of the applicable 
accounts of the House such sums as may be necessary for the expenses of 
the select committee. Such payments shall be made on vouchers signed by 
the chairman of the select committee and approved in the manner 
directed by the Committee on House Administration. Amounts made 
available under this subsection shall be expended in accordance with 
regulations prescribed by the Committee on House Administration.

                                reports

    Sec. 5. The select committee shall from time to time report to the 
House the results of its study and investigation, with its 
recommendations. Any report made by the select committee when the House 
is not in session shall be filed with the Clerk of the House. Any 
report made by the select committee shall be referred to the committee 
or committees that have jurisdiction over the subject matter of the 
report.
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