[Congressional Record: July 19, 2007 (Senate)]
[Page S9615-S9624]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WEBB (for himself, Mrs. McCaskill, Ms. Klobuchar, Mr.
Brown, Mr. Casey, Mr. Tester, Mr. Cardin, Mr. Whitehouse, Mr.
Sanders, Mr. Durbin, Mr. Levin, Mr. Carper, Mrs. Feinstein, Mr.
Kerry, Mr. Johnson, Mrs. Boxer, Mr. Obama, Mr. Leahy, Mr.
Harkin, Ms. Stabenow, Mr. Dodd, and Ms. Landrieu):
S. 1825. A bill to provide for the study and investigation of wartime
contracts and contracting processes in Operation Iraqi Freedom and
Operation Enduring Freedom, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
Therebeing no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1825
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Wartime
Contracting Establishment Act''.
SEC. 2. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND
CONTRACTING PROCESSES IN OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM.
(a) Commission on Wartime Contracting.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on Wartime
Contracting'' (in this subsection referred to as the
``Commission'').
(2) Membership matters.--
(A) Membership.--The Commission shall be composed of 8
members, as follows:
(i) 2 members shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairmen of the
Committee on Armed Services and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(ii) 2 members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairmen
of the Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
(iii) 1 member shall be appointed by the Minority Leader of
the Senate, in consultation with the Ranking Minority Members
of the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(iv) 1 member shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Ranking Minority Member of the Committee on Armed Services
and the Committee on Oversight and Government Reform of the
House of Representatives.
(v) 1 member shall be appointed by the Secretary of
Defense.
(vi) 1 member shall be appointed by the Secretary of State.
(B) Deadline for appointments.--All appointments to the
Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(C) Chairman and vice chairman.--
(i) Chairman.--The chairman of the Commission shall be a
member of the Commission selected by the members appointed
under clauses (i) and (ii) of subparagraph (A), but only if
approved by the vote of a majority of the members of the
Commission.
(ii) Vice chairman.--The vice chairman of the Commission
shall be a member of the Commission selected by the members
appointed under clauses (iii) and (iv) of subparagraph (A),
but only if approved by the vote of a majority of the members
of the Commission.
(3) Duties.--
(A) General duties.--The Commission shall study and
investigate the following matters:
(i) Federal agency contracting for the reconstruction of
Iraq and Afghanistan.
(ii) Federal agency contracting for the logistical support
of coalition forces in Operation Iraqi Freedom and Operation
Enduring Freedom.
[[Page S9618]]
(iii) Federal agency contracting for the performance of
security and intelligence functions in Operation Iraqi
Freedom and Operation Enduring Freedom.
(B) Scope of contracting covered.--The Federal agency
contracting covered by this paragraph includes contracts
entered into both in the United States and abroad for the
performance of activities described in subparagraph (A),
whether performed in the United States or abroad.
(C) Particular duties.--In carrying out the study under
this paragraph, the Commission shall assess--
(i) the extent and impact of the reliance of the Federal
Government on contractors to perform functions (including
security, intelligence, and management functions) in
Operation Iraqi Freedom and Operation Enduring Freedom;
(ii) the performance of the contracts under review, and the
mechanisms used to manage the performance of the contracts
under review;
(iii) the extent of waste, fraud, abuse, or mismanagement
under such contracts;
(iv) the extent to which those responsible for such waste,
fraud, abuse, or mismanagement have been held financially or
legally accountable; and
(v) the appropriateness of the organizational structure,
policies, and practices of the Department of Defense and the
Department of State for handling contingency contract
management and support.
(4) Reports.--
(A) Interim report.--Not later than one year after the date
of the appointment of all of the members of the Commission
under paragraph (2), the Commission shall submit to Congress
an interim report on the study carried out under paragraph
(3), including the results and findings of the study as of
that date.
(B) Other reports.--The Commission may from time to time
submit to Congress such other reports on the study carried
out under paragraph (3) as the Commission considers
appropriate.
(C) Final report.--Not later than two years after the date
of the appointment of all of the members of the Commission
under paragraph (2), the Commission shall submit to Congress
a report on the study carried out under paragraph (3). The
report shall--
(i) include the findings of the Commission;
(ii) identify lessons learned on the contracting covered by
the study; and
(iii) include specific recommendations for improvements to
be made in--
(I) the process for developing contract requirements for
wartime contracts and contracts for contingency operations;
(II) the process for awarding contracts and task orders for
wartime contracts and contracts for contingency operations;
(III) the process for managing and providing oversight for
the performance of wartime contracts and contracts for
contingency operations;
(IV) the process for holding contractors and their
employees accountable for waste, fraud, abuse, or
mismanagement under wartime contracts and contracts for
contingency operations;
(V) the process for determining which functions are
inherently governmental and which functions are appropriate
for performance by contractors in an area of combat
operations (including an area of a contingency operation),
including a determination whether the use of civilian
contractors to provide security in an area of combat
operations is a function that is inherently governmental;
(VI) the organizational structure, policies and practices
of the Department of Defense and the Department of State
handling contract management and support for wartime
contracts and contracts for contingency operations; and
(VII) the process by which roles and responsibilities with
respect to wartime contracts and contracts for contingency
operations are distributed among the various departments and
agencies of the Federal Government, and interagency
coordination and communication mechanisms associated with
wartime contracts and contracts for contingency operations.
(5) Other powers and authorities.--
(A) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this
subsection--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(ii) subject to subparagraph (B)(i), require, by subpoena
or otherwise, require the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or
designated member may determine advisable.
(B) Subpoenas.--
(i) Issuance.--
(I) In general.--A subpoena may be issued under
subparagraph (A) only--
(aa) by the agreement of the chairman and the vice
chairman; or
(bb) by the affirmative vote of 5 members of the
Commission.
(II) Signature.--Subject to subclause (I), subpoenas issued
under this subparagraph may be issued under the signature of
the chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(ii) Enforcement.--
(I) In general.--In the case of contumacy or failure to
obey a subpoena issued under clause (i), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, 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.
(II) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of subclause (I) or this subclause,
the Commission may, by majority vote, certify a statement of
fact constituting such failure to the appropriate United
States attorney, who may bring the matter before the grand
jury for its action, under the same statutory authority and
procedures as if the United States attorney had received a
certification under sections 102 through 104 of the Revised
Statutes of the United States (2 U.S.C. 192 through 194).
(C) Access to information.--The Commission may secure
directly from the Department of Defense and any other
department or agency of the Federal Government any
information or assistance that the Commission considers
necessary to enable the Commission to carry out the
requirements of this subsection. Upon request of the
Commission, the head of such department or agency shall
furnish such information expeditiously to the Commission.
Whenever information or assistance requested by the
Commission is unreasonably refused or not provided, the
Commission shall report the circumstances to Congress without
delay.
(D) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such section,
except to the extent that such conditions would be
inconsistent with the requirements of this subsection.
(E) Detailees.--Any employee of the Federal Government
employee may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her
regular employment without interruption.
(F) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the
extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without
the appropriate security clearances.
(G) Violations of law.--
(i) Referral to attorney general.--The Commission may refer
to the Attorney General any violation or potential violation
of law identified by the Commission in carrying out its
duties under this subsection.
(ii) Reports on results of referral.--The Attorney General
shall submit to Congress a report on each prosecution and
conviction that results from a referral made under this
subparagraph.
(6) Termination.--The Commission shall terminate on the
date that is 60 days after the date of the submittal of its
final report under paragraph (4)(C).
(7) Contingency operation defined.--In this subsection, the
term ``contingency operation'' has the meaning given that
term in section 101 of title 10, United States Code.
(b) Investigation of Waste, Fraud, Abuse, and
Mismanagement.--
(1) In general.--The Special Inspector General for Iraq
Reconstruction shall, in collaboration with the Inspector
General of the Department of Defense, the Inspector General
of the Department of State, and the Inspector General of the
United States Agency for International Development and in
consultation with the Commission on Wartime Contracting
established by subsection (a), conduct a series of audits to
identify potential waste, fraud, abuse, or mismanagement in
the performance of--
(A) Department of Defense contracts and subcontracts for
the logistical support of coalition forces in Operation Iraqi
Freedom and Operation Enduring Freedom; and
(B) Federal agency contracts and subcontracts for the
performance of security, intelligence, and reconstruction
functions in Operation Iraqi Freedom and Operation Enduring
Freedom.
(2) Scope of audits of contracts.--Each audit conducted
pursuant to paragraph (1)(A) shall focus on a specific
contract, task order, or site of performance under a contract
or task order and shall examine, at a minimum, one or more of
the following issues:
(A) The manner in which requirements were developed.
(B) The procedures under which the contract or task order
was awarded.
(C) The terms and conditions of the contract or task order.
(D) The contractor's staffing and method of performance,
including cost controls.
(E) The efficacy of Department of Defense management and
oversight, Department of State management and oversight, and
United States Agency for International Development management
and oversight, including the adequacy of staffing and
training
[[Page S9619]]
of officials responsible for such management and oversight.
(F) The flow of information from the contractor to
officials responsible for contract management and oversight.
(3) Scope of audits of other contracts.--Each audit
conducted pursuant to paragraph (1)(B) shall focus on a
specific contract, task order, or site of performance under a
contract or task order and shall examine, at a minimum, one
or more of the following issues:
(A) The manner in which the requirements were developed and
the contract or task order was awarded.
(B) The manner in which the Federal agency exercised
control over the contractor's performance.
(C) The extent to which operational field commanders are
able to coordinate or direct the contractor's performance in
an area of combat operations.
(D) The extent to which the functions performed were
appropriate for performance by a contractor.
(E) The degree to which contractor employees were properly
screened, selected, trained, and equipped for the functions
to be performed.
(F) The nature and extent of any incidents of misconduct or
unlawful activity by contractor employees.
(G) The extent to which any incidents of misconduct or
unlawful activity were reported, documented, investigated,
and (where appropriate) prosecuted.
(4) Continuation of special inspector general.--
(A) In general.--Notwithstanding section 3001(o) of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 5 U.S.C. App. 8G note), the Office of the Special
Inspector General for Iraq Reconstruction shall not terminate
until the date that is 60 days after the date of the
submittal under paragraph (4)(C) of subsection (a) of the
final report of the Commission on Wartime Contracting
established by subsection (a).
(B) Reaffirmation of certain duties and responsibilities.--
Congress reaffirms that the Special Inspector General for
Iraq Reconstruction retains the duties and responsibilities
in sections 4 of the Inspector General Act of 1978 (5 U.S.C.
App. 4; relating to reports of criminal violations to the
Attorney General) and section 5 of the Inspector General Act
of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as
expressly provided in subsections (f)(3) and (i)(3),
respectively, of section 3001 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be required to carry out
the provisions of this section.
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