III 

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; 


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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 Resolved, 

2 SECTION 1. SPECIAL COMMITTEE ON WAR AND RECON3 STRUCTION CONTRACTING. 

4 There is established a special committee of the Senate 

5 to be known as the Special Committee on War and Recon6 struction Contracting (hereafter in this resolution referred 

7 to as the ‘‘Special Committee’’). 

8 SEC. 2. PURPOSE AND DUTIES. 

9 (a) PURPOSE.—The purpose of the Special Com10 mittee is to investigate the awarding and performance of 


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1 contracts to conduct military, security, and reconstruction 

2 activities in Afghanistan and Iraq and to support the pros3 ecution of the war on terrorism. 

4 (b) DUTIES.—The Special Committee shall examine 

5 the contracting actions described in subsection (a) and re6 port on such actions, in accordance with this section, re7 garding— 

8 (1) bidding, contracting, accounting, and audit9 ing standards for Federal Government contracts; 

10 (2) methods of contracting, including sole11 source contracts and limited competition or non12 competitive contracts; 

13 (3) subcontracting under large, comprehensive 

14 contracts; 

15 (4) oversight procedures; 

16 (5) consequences of cost-plus and fixed price 

17 contracting; 

18 (6) allegations of wasteful and fraudulent prac19 tices; 

20 (7) accountability of contractors and Govern21 ment officials involved in procurement and con22 tracting; 

23 (8) penalties for violations of law and abuses in 

24 the awarding and performance of Government con25 tracts; and 


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1 (9) lessons learned from the contracting process 

2 used in Iraq and Afghanistan and in connection with 

3 the war on terrorism with respect to the structure, 

4 coordination, management policies, and procedures 

5 of the Federal Government. 

6 (c) INVESTIGATION OF WASTEFUL AND FRAUDU7 LENT PRACTICES.—The investigation by the Special Com8 mittee of allegations of wasteful and fraudulent practices 

9 under subsection (b)(6) shall include investigation of alle10 gations regarding any contract or spending entered into, 

11 supervised by, or otherwise involving the Coalition Provi12 sional Authority, regardless of whether or not such con13 tract or spending involved appropriated funds of the 

14 United States. 

15 (d) EVIDENCE CONSIDERED.—In carrying out its du16 ties, the Special Committee shall ascertain and evaluate 

17 the evidence developed by all relevant governmental agen18 cies regarding the facts and circumstances relevant to con19 tracts described in subsection (a) and any contract or 

20 spending covered by subsection (c). 

21 SEC. 3. COMPOSITION OF SPECIAL COMMITTEE. 

22 (a) MEMBERSHIP.— 

23 (1) IN GENERAL.—The Special Committee shall 

24 consist of 7 members of the Senate of whom— 


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1 (A) 4 members shall be appointed by the 

2 President pro tempore of the Senate, in con3 sultation with the majority leader of the Senate; 

4 and 

5 (B) 3 members shall be appointed by the 

6 minority leader of the Senate. 

7 (2) DATE.—The appointments of the members 

8 of the Special Committee shall be made not later 

9 than 90 days after the date of the enactment of this 

10 Act. 

11 (b) VACANCIES.—Any vacancy in the Special Com12 mittee shall not affect its powers, but shall be filled in 

13 the same manner as the original appointment. 

14 (c) SERVICE.—Service of a Senator as a member, 

15 chairman, or ranking member of the Special Committee 

16 shall not be taken into account for the purposes of para17 graph (4) of rule XXV of the Standing Rules of the Sen18 ate. 

19 (d) CHAIRMAN AND RANKING MEMBER.—The chair20 man of the Special Committee shall be designated by the 

21 majority leader of the Senate, and the ranking member 

22 of the Special Committee shall be designated by the minor23 ity leader of the Senate. 

24 (e) QUORUM.— 


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1 (1) REPORTS AND RECOMMENDATIONS.—A ma2 jority of the members of the Special Committee shall 

3 constitute a quorum for the purpose of reporting a 

4 matter or recommendation to the Senate. 

5 (2) TESTIMONY.—One member of the Special 

6 Committee shall constitute a quorum for the purpose 

7 of taking testimony. 

8 (3) OTHER BUSINESS.—A majority of the members of the Special Committee, or 1 9 ⁄3 of the members 

10 of the Special Committee if at least one member of 

11 the minority party is present, shall constitute a 

12 quorum for the purpose of conducting any other 

13 business of the Special Committee. 

14 SEC. 4. RULES AND PROCEDURES. 

15 (a) GOVERNANCE UNDER STANDING RULES OF SEN16 ATE.—Except as otherwise specifically provided in this 

17 resolution, the investigation, study, and hearings con18 ducted by the Special Committee shall be governed by the 

19 Standing Rules of the Senate. 

20 (b) ADDITIONAL RULES AND PROCEDURES.—The 

21 Special Committee may adopt additional rules or proce22 dures if the chairman and ranking member agree that 

23 such additional rules or procedures are necessary to enable 

24 the Special Committee to conduct the investigation, study, 


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1 and hearings authorized by this resolution. Any such addi2 tional rules and procedures— 

3 (1) shall not be inconsistent with this resolution 

4 or the Standing Rules of the Senate; and 

5 (2) shall become effective upon publication in 

6 the Congressional Record. 

7 SEC. 5. AUTHORITY OF SPECIAL COMMITTEE. 

8 (a) IN GENERAL.—The Special Committee may exer9 cise all of the powers and responsibilities of a committee 

10 under rule XXVI of the Standing Rules of the Senate. 

11 (b) HEARINGS.—The Special Committee or, at its di12 rection, any subcommittee or member of the Special Com13 mittee, may, for the purpose of carrying out this resolu14 tion— 

15 (1) hold such hearings, sit and act at such 

16 times and places, take such testimony, receive such 

17 evidence, and administer such oaths as the Special 

18 Committee or such subcommittee or member con19 siders advisable; and 

20 (2) require, by subpoena or otherwise, the at21 tendance and testimony of such witnesses and the 

22 production of such books, records, correspondence, 

23 memoranda, papers, documents, tapes, and materials 

24 as the Special Committee considers advisable. 

25 (c) ISSUANCE AND ENFORCEMENT OF SUBPOENAS.— 


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1 (1) ISSUANCE.—Subpoenas issued under sub2 section (b) shall bear the signature of the Chairman 

3 of the Special Committee and shall be served by any 

4 person or class of persons designated by the Chair5 man for that purpose. 

6 (2) ENFORCEMENT.—In the case of contumacy 

7 or failure to obey a subpoena issued under sub8 section (a), the United States district court for the 

9 judicial district in which the subpoenaed person re10 sides, is served, or may be found may issue an order 

11 requiring such person to appear at any designated 

12 place to testify or to produce documentary or other 

13 evidence. Any failure to obey the order of the court 

14 may be punished by the court as a contempt of that 

15 court. 

16 (d) MEETINGS.—The Special Committee may sit and 

17 act at any time or place during sessions, recesses, and ad18 journment periods of the Senate. 

19 SEC. 6. REPORTS. 

20 (a) INITIAL REPORT.—The Special Committee shall 

21 submit to the Senate a report on the investigation con22 ducted pursuant to section 2 not later than 270 days after 

23 the appointment of the Special Committee members. 

24 (b) UPDATED REPORT.—The Special Committee 

25 shall submit an updated report on such investigation not 


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1 later than 180 days after the submittal of the report under 

2 subsection (a). 

3 (c) ADDITIONAL REPORTS.—The Special Committee 

4 may submit any additional report or reports that the Spe5 cial Committee considers appropriate. 

6 (d) FINDINGS AND RECOMMENDATIONS.—The re7 ports under this section shall include findings and rec8 ommendations of the Special Committee regarding the 

9 matters considered under section 2. 

10 (e) DISPOSITION OF REPORTS.—Any report made by 

11 the Special Committee when the Senate is not in session 

12 shall be submitted to the Clerk of the Senate. Any report 

13 made by the Special Committee shall be referred to the 

14 committee or committees that have jurisdiction over the 

15 subject matter of the report. 

16 SEC. 7. ADMINISTRATIVE PROVISIONS. 

17 (a) STAFF.— 

18 (1) IN GENERAL.—The Special Committee may 

19 employ in accordance with paragraph (2) a staff 

20 composed of such clerical, investigatory, legal, tech21 nical, and other personnel as the Special Committee, 

22 or the chairman or the ranking member, considers 

23 necessary or appropriate. 

24 (2) APPOINTMENT OF STAFF.— 


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1 (A) IN GENERAL.—The Special Committee 

2 shall appoint a staff for the majority, a staff for 

3 the minority, and a nondesignated staff. 

4 (B) MAJORITY STAFF.—The majority staff 

5 shall be appointed, and may be removed, by the 

6 chairman and shall work under the general su7 pervision and direction of the chairman. 

8 (C) MINORITY STAFF.—The minority staff 

9 shall be appointed, and may be removed, by the 

10 ranking member of the Special Committee, and 

11 shall work under the general supervision and di12 rection of such member. 

13 (D) NONDESIGNATED STAFF.—Nondes14 ignated staff shall be appointed, and may be re15 moved, jointly by the chairman and the ranking 

16 member, and shall work under the joint general 

17 supervision and direction of the chairman and 

18 ranking member. 

19 (b) COMPENSATION.— 

20 (1) MAJORITY STAFF.—The chairman shall fix 

21 the compensation of all personnel of the majority 

22 staff of the Special Committee. 

23 (2) MINORITY STAFF.—The ranking member 

24 shall fix the compensation of all personnel of the mi25 nority staff of the Special Committee. 


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1 (3) NONDESIGNATED STAFF.—The chairman 

2 and ranking member shall jointly fix the compensa3 tion of all nondesignated staff of the Special Com4 mittee, within the budget approved for such pur5 poses for the Special Committee. 

6 (c) REIMBURSEMENT OF EXPENSES.—The Special 

7 Committee may reimburse the members of its staff for 

8 travel, subsistence, and other necessary expenses incurred 

9 by such staff members in the performance of their func10 tions for the Special Committee. 

11 (d) PAYMENT OF EXPENSES.—There shall be paid 

12 out of the applicable accounts of the Senate such sums 

13 as may be necessary for the expenses of the Special Com14 mittee. Such payments shall be made on vouchers signed 

15 by the chairman of the Special Committee and approved 

16 in the manner directed by the Committee on Rules and 

17 Administration of the Senate. Amounts made available 

18 under this subsection shall be expended in accordance with 

19 regulations prescribed by the Committee on Rules and Ad20 ministration of the Senate. 

21 SEC. 8. EFFECTIVE DATE; TERMINATION. 

22 (a) EFFECTIVE DATE.—This resolution shall take ef23 fect on November 5, 2008. 


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1 (b) TERMINATION.—The Special Committee shall ter2 minate two years after the date of the adoption of this 

3 resolution. 

4 SEC. 9. SENSE OF SENATE ON CERTAIN CLAIMS REGARD5 ING THE COALITION PROVISIONAL AUTHOR6 ITY. 

7 It is the sense of the Senate that any claim of fraud, 

8 waste, or abuse under the False Claims Act that involves 

9 any contract or spending by the Coalition Provisional Au10 thority should be considered a claim against the United 

11 States Government. 

Æ 


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