[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.
                                 ______