[House Report 109-269]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-269

======================================================================
 
      RESOLUTION OF INQUIRY RELATING TO CONTRACTS FOR SERVICES OR 
           CONSTRUCTION RELATED TO HURRICANE KATRINA RECOVERY

                                _______
                                

  November 3, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                       [To accompany H. Res. 488]

    The Committee on Transportation and Infrastructure, to whom 
was referred the resolution (H. Res. 488) requesting that the 
President transmit to the House of Representatives information 
in his possession relating to contracts for services or 
construction related to Hurricane Katrina recovery, having 
considered the same, report without recommendation.

                       PURPOSE OF THE LEGISLATION

    The purpose of House Resolution 488 is to request that the 
President transmit to the House of Representatives information 
in his possession relating to contracts for services or 
construction related to Hurricane Katrina recovery.

                BACKGROUND AND NEED FOR THE LEGISLATION

    H. Res. 488 is a resolution of inquiry, which, pursuant to 
clause 7 of rule XIII of the Rules of the House of 
Representatives, directs the Committee to act on the resolution 
within 14 legislative days, or a privileged motion to discharge 
the Committee is in order. H. Res. 488 was introduced and 
referred to the Committee on Transportation and Infrastructure 
on October 7, 2005, and was ordered reported without 
recommendation by the Committee on November 2, 2005.
    Under the rules and precedents of the House, a resolution 
of inquiry is a means by which the House requests information 
from the President of the United States or the head of one of 
the executive departments.
    On September 8, 2005, the President issued a proclamation 
suspending the provisions of the Davis-Bacon Act in the 
Hurricane Katrina disaster zone, which requires paying 
prevailing wages in federal contracts. On October 7, 2005, 
Representative Steve LaTourette (R-OH) along with 
Representatives Frank LoBiondo (R-NJ) and Thaddeus McCotter (R-
MI) introduced H. Res. 488, which would require the President 
to transmit to Congress information about these contracts. On 
October 16, 2005 the Department of Labor announced that the 
suspension of Davis-Bacon would end on November 8, 2005.

                       SUMMARY OF THE LEGISLATION

    The resolution requests that the President transmit to the 
House of Representatives, not later than 14 days after the date 
of adoption of the resolution, copies of any portions of any 
contracts in his possession for services or building or other 
construction related to Hurricane Katrina awarded by the 
Federal Emergency Management Agency, or any agency, pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    No hearings were held in conjunction with ordering reported 
H. Res. 488.
    On November 2, 2005, the Full Committee met in open session 
to consider H. Res. 488. The resolution was discharged from the 
Subcommittee on Economic Development, Public Buildings and 
Emergency Management and a motion by Mr.Shuster to order H. 
Res. 488 reported to the House without recommendation was agreed to by 
the Full Committee by voice vote with a quorum present. There were no 
recorded votes taken during Committee consideration of H. Res. 488.

                             ROLLCALL VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each rollcall 
vote on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no rollcall votes taken in connection 
with ordering H. Res. 488 reported without recommendation.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    The Committee estimates that the costs associated with the 
resolution are insignificant.

                    COMPLIANCE WITH HOUSE RULE XIII

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
Committee advises that the bill contains no measure that 
authorizes funding, so no statement of general performance and 
objectives for which any measure authorizes funding is 
required.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    H. Res. 488 contains no federal mandates.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H. Res. 488 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Res. 488 makes no changes in existing law.

                                  
