[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 437 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
S. RES. 437

   Establishing a special committee of the Senate 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 SENATE OF THE UNITED STATES

                            January 30, 2008

 Mr. Dorgan submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


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

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
    Resolved,

SECTION 1. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION CONTRACTING.

    There 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'').

SEC. 2. PURPOSE AND DUTIES.

    (a) Purpose.--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) Duties.--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) Investigation of Wasteful and Fraudulent Practices.--The 
investigation by the Special Committee of allegations of wasteful and 
fraudulent practices under subsection (b)(6) shall include 
investigation of allegations regarding any contract or spending entered 
into, supervised by, or otherwise involving the Coalition Provisional 
Authority, regardless of whether or not such contract or spending 
involved appropriated funds of the United States.
    (d) Evidence Considered.--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) and any contract or 
spending covered by subsection (c).

SEC. 3. COMPOSITION OF SPECIAL COMMITTEE.

    (a) Membership.--
            (1) In general.--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) Date.--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) Vacancies.--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.--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 Member.--The 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) Quorum.--
            (1) Reports and recommendations.--A 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) Testimony.--One member of the Special Committee shall 
        constitute a quorum for the purpose of taking testimony.
            (3) Other business.--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.

SEC. 4. RULES AND PROCEDURES.

    (a) Governance Under Standing Rules of Senate.--Except 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 Procedures.--The 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.

SEC. 5. AUTHORITY OF SPECIAL COMMITTEE.

    (a) In General.--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) Hearings.--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) Issuance.--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) Enforcement.--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) Meetings.--The Special Committee may sit and act at any time or 
place during sessions, recesses, and adjournment periods of the Senate.

SEC. 6. REPORTS.

    (a) Initial Report.--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) Updated Report.--The Special Committee shall submit an updated 
report on such investigation not later than 180 days after the 
submittal of the report under subsection (a).
    (c) Additional Reports.--The Special Committee may submit any 
additional report or reports that the Special Committee considers 
appropriate.
    (d) Findings and Recommendations.--The reports under this section 
shall include findings and recommendations of the Special Committee 
regarding the matters considered under section 2.
    (e) Disposition of Reports.--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.

SEC. 7. ADMINISTRATIVE PROVISIONS.

    (a) Staff.--
            (1) In general.--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) Appointment of staff.--
                    (A) In general.--The Special Committee shall 
                appoint a staff for the majority, a staff for the 
                minority, and a nondesignated staff.
                    (B) Majority staff.--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) Minority staff.--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.--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) Compensation.--
            (1) Majority staff.--The chairman shall fix the 
        compensation of all personnel of the majority staff of the 
        Special Committee.
            (2) Minority staff.--The ranking member shall fix the 
        compensation of all personnel of the minority staff of the 
        Special Committee.
            (3) Nondesignated staff.--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 Expenses.--The 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) Payment of Expenses.--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.

SEC. 8. EFFECTIVE DATE; TERMINATION.

    (a) Effective Date.--This resolution shall take effect on November 
5, 2008.
    (b) Termination.--The Special Committee shall terminate two years 
after the date of the adoption of this resolution.

SEC. 9. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE COALITION 
              PROVISIONAL AUTHORITY.

    It is the sense of the Senate that any claim of fraud, waste, or 
abuse under the False Claims Act that involves any contract or spending 
by the Coalition Provisional Authority should be considered a claim 
against the United States Government.
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