III 110th CONGRESS 2d Session S. RES. 437 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

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).

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).

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.

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.

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.

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.

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.

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.

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.