S 1825 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

July 19, 2007

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) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Commission on Wartime Contracting Establishment Act'.CommentsClose CommentsPermalink

SEC. 2. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND CONTRACTING PROCESSES IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM.

(a) Commission on Wartime Contracting-CommentsClose CommentsPermalink





(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').CommentsClose CommentsPermalink





(2) MEMBERSHIP MATTERS-CommentsClose CommentsPermalink





(A) MEMBERSHIP- The Commission shall be composed of 8 members, as follows:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(v) 1 member shall be appointed by the Secretary of Defense.CommentsClose CommentsPermalink





(vi) 1 member shall be appointed by the Secretary of State.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) CHAIRMAN AND VICE CHAIRMAN-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) DUTIES-CommentsClose CommentsPermalink





(A) GENERAL DUTIES- The Commission shall study and investigate the following matters:CommentsClose CommentsPermalink





(i) Federal agency contracting for the reconstruction of Iraq and Afghanistan.CommentsClose CommentsPermalink





(ii) Federal agency contracting for the logistical support of coalition forces in Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink





(iii) Federal agency contracting for the performance of security and intelligence functions in Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) PARTICULAR DUTIES- In carrying out the study under this paragraph, the Commission shall assess--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(ii) the performance of the contracts under review, and the mechanisms used to manage the performance of the contracts under review;CommentsClose CommentsPermalink





(iii) the extent of waste, fraud, abuse, or mismanagement under such contracts;CommentsClose CommentsPermalink





(iv) the extent to which those responsible for such waste, fraud, abuse, or mismanagement have been held financially or legally accountable; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) REPORTS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) include the findings of the Commission;CommentsClose CommentsPermalink





(ii) identify lessons learned on the contracting covered by the study; andCommentsClose CommentsPermalink





(iii) include specific recommendations for improvements to be made in--CommentsClose CommentsPermalink





(I) the process for developing contract requirements for wartime contracts and contracts for contingency operations;CommentsClose CommentsPermalink





(II) the process for awarding contracts and task orders for wartime contracts and contracts for contingency operations;CommentsClose CommentsPermalink





(III) the process for managing and providing oversight for the performance of wartime contracts and contracts for contingency operations;CommentsClose CommentsPermalink





(IV) the process for holding contractors and their employees accountable for waste, fraud, abuse, or mismanagement under wartime contracts and contracts for contingency operations;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) OTHER POWERS AND AUTHORITIES-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; andCommentsClose CommentsPermalink





(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,CommentsClose CommentsPermalink





as the Commission or such designated subcommittee or designated member may determine advisable.CommentsClose CommentsPermalink





(B) SUBPOENAS-CommentsClose CommentsPermalink





(i) ISSUANCE-CommentsClose CommentsPermalink





(I) IN GENERAL- A subpoena may be issued under subparagraph (A) only--CommentsClose CommentsPermalink

(aa) by the agreement of the chairman and the vice chairman; orCommentsClose CommentsPermalink

(bb) by the affirmative vote of 5 members of the Commission.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(ii) ENFORCEMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(G) VIOLATIONS OF LAW-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Investigation of Waste, Fraud, Abuse, and Mismanagement-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) Department of Defense contracts and subcontracts for the logistical support of coalition forces in Operation Iraqi Freedom and Operation Enduring Freedom; andCommentsClose CommentsPermalink





(B) Federal agency contracts and subcontracts for the performance of security, intelligence, and reconstruction functions in Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) The manner in which requirements were developed.CommentsClose CommentsPermalink





(B) The procedures under which the contract or task order was awarded.CommentsClose CommentsPermalink





(C) The terms and conditions of the contract or task order.CommentsClose CommentsPermalink





(D) The contractor's staffing and method of performance, including cost controls.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) The flow of information from the contractor to officials responsible for contract management and oversight.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) The manner in which the requirements were developed and the contract or task order was awarded.CommentsClose CommentsPermalink





(B) The manner in which the Federal agency exercised control over the contractor's performance.CommentsClose CommentsPermalink





(C) The extent to which operational field commanders are able to coordinate or direct the contractor's performance in an area of combat operations.CommentsClose CommentsPermalink





(D) The extent to which the functions performed were appropriate for performance by a contractor.CommentsClose CommentsPermalink





(E) The degree to which contractor employees were properly screened, selected, trained, and equipped for the functions to be performed.CommentsClose CommentsPermalink





(F) The nature and extent of any incidents of misconduct or unlawful activity by contractor employees.CommentsClose CommentsPermalink





(G) The extent to which any incidents of misconduct or unlawful activity were reported, documented, investigated, and (where appropriate) prosecuted.CommentsClose CommentsPermalink





(4) CONTINUATION OF SPECIAL INSPECTOR GENERAL-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated such sums as may be required to carry out the provisions of this section.CommentsClose CommentsPermalink