[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3706 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3706

  To provide for the study and investigation of wartime contracts and 
contracting processes in Operation Iraqi Freedom and Operation Enduring 
                                Freedom.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2007

Mr. Tierney (for himself and Mr. Allen) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Armed Services and Select Intelligence (Permanent 
Select), for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for the study and investigation of wartime contracts and 
contracting processes in Operation Iraqi Freedom and Operation Enduring 
                                Freedom.

    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.
                            (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, the Inspector General of the United 
        States Agency for International Development, the Inspector 
        General of the Central Intelligence Agency, the Inspector 
        General of the Defense Intelligence Agency, and the Inspector 
        General of the Office of the Director of National Intelligence 
        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 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.
                                 <all>