[Congressional Record Volume 153, Number 116 (Thursday, July 19, 2007)]
[Senate]
[Pages S9617-S9619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______