II 

110TH CONGRESS 

1ST SESSION S. 1825 

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. 

IN THE SENATE OF THE UNITED STATES 

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 Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on War5 time Contracting Establishment Act’’. 


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1 SEC. 2. STUDY AND INVESTIGATION OF WARTIME CON2 TRACTS AND CONTRACTING PROCESSES IN 

3 OPERATION IRAQI FREEDOM AND OPER4 ATION ENDURING FREEDOM. 

5 (a) COMMISSION ON WARTIME CONTRACTING.— 

6 (1) ESTABLISHMENT.—There is hereby estab7 lished a commission to be known as the ‘‘Commis8 sion on Wartime Contracting’’ (in this subsection re9 ferred to as the ‘‘Commission’’). 

10 (2) MEMBERSHIP MATTERS.— 

11 (A) MEMBERSHIP.—The Commission shall 

12 be composed of 8 members, as follows: 

13 (i) 2 members shall be appointed by 

14 the majority leader of the Senate, in con15 sultation with the Chairmen of the Com16 mittee on Armed Services and the Com17 mittee on Homeland Security and Govern18 mental Affairs of the Senate. 

19 (ii) 2 members shall be appointed by 

20 the Speaker of the House of Representa21 tives, in consultation with the Chairmen of 

22 the Committee on Armed Services and the 

23 Committee on Oversight and Government 

24 Reform of the House of Representatives. 

25 (iii) 1 member shall be appointed by 

26 the minority leader of the Senate, in conVerDate Aug 31 2005 00:24 Jul 21, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825

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1 sultation with the Ranking Minority Mem2 bers of the Committee on Armed Services 

3 and the Committee on Homeland Security 

4 and Governmental Affairs of the Senate. 

5 (iv) 1 member shall be appointed by 

6 the minority leader of the House of Rep7 resentatives, in consultation with the 

8 Ranking Minority Member of the Com9 mittee on Armed Services and the Com10 mittee on Oversight and Government Re11 form of the House of Representatives. 

12 (v) 1 member shall be appointed by 

13 the Secretary of Defense. 

14 (vi) 1 member shall be appointed by 

15 the Secretary of State. 

16 (B) DEADLINE FOR APPOINTMENTS.—All 

17 appointments to the Commission shall be made 

18 not later than 90 days after the date of the en19 actment of this Act. 

20 (C) CHAIRMAN AND VICE CHAIRMAN.— 

21 (i) CHAIRMAN.—The chairman of the 

22 Commission shall be a member of the 

23 Commission selected by the members ap24 pointed under clauses (i) and (ii) of sub25 paragraph (A), but only if approved by the 


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1 vote of a majority of the members of the 

2 Commission. 

3 (ii) VICE CHAIRMAN.—The vice chair4 man of the Commission shall be a member 

5 of the Commission selected by the mem6 bers appointed under clauses (iii) and (iv) 

7 of subparagraph (A), but only if approved 

8 by the vote of a majority of the members 

9 of the Commission. 

10 (3) DUTIES.— 

11 (A) GENERAL DUTIES.—The Commission 

12 shall study and investigate the following mat13 ters: 

14 (i) Federal agency contracting for the 

15 reconstruction of Iraq and Afghanistan. 

16 (ii) Federal agency contracting for the 

17 logistical support of coalition forces in Op18 eration Iraqi Freedom and Operation En19 during Freedom. 

20 (iii) Federal agency contracting for 

21 the performance of security and intel22 ligence functions in Operation Iraqi Free23 dom and Operation Enduring Freedom. 

24 (B) SCOPE OF CONTRACTING COVERED.— 

25 The Federal agency contracting covered by this 


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1 paragraph includes contracts entered into both 

2 in the United States and abroad for the per3 formance of activities described in subpara4 graph (A), whether performed in the United 

5 States or abroad. 

6 (C) PARTICULAR DUTIES.—In carrying out 

7 the study under this paragraph, the Commis8 sion shall assess— 

9 (i) the extent and impact of the reli10 ance of the Federal Government on con11 tractors to perform functions (including se12 curity, intelligence, and management func13 tions) in Operation Iraqi Freedom and Op14 eration Enduring Freedom; 

15 (ii) the performance of the contracts 

16 under review, and the mechanisms used to 

17 manage the performance of the contracts 

18 under review; 

19 (iii) the extent of waste, fraud, abuse, 

20 or mismanagement under such contracts; 

21 (iv) the extent to which those respon22 sible for such waste, fraud, abuse, or mis23 management have been held financially or 

24 legally accountable; and 


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1 (v) the appropriateness of the organi2 zational structure, policies, and practices 

3 of the Department of Defense and the De4 partment of State for handling contingency 

5 contract management and support. 

6 (4) REPORTS.— 

7 (A) INTERIM REPORT.—Not later than one 

8 year after the date of the appointment of all of 

9 the members of the Commission under para10 graph (2), the Commission shall submit to Con11 gress an interim report on the study carried out 

12 under paragraph (3), including the results and 

13 findings of the study as of that date. 

14 (B) OTHER REPORTS.—The Commission 

15 may from time to time submit to Congress such 

16 other reports on the study carried out under 

17 paragraph (3) as the Commission considers ap18 propriate. 

19 (C) FINAL REPORT.—Not later than two 

20 years after the date of the appointment of all 

21 of the members of the Commission under para22 graph (2), the Commission shall submit to Con23 gress a report on the study carried out under 

24 paragraph (3). The report shall— 


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1 (i) include the findings of the Com2 mission; 

3 (ii) identify lessons learned on the 

4 contracting covered by the study; and 

5 (iii) include specific recommendations 

6 for improvements to be made in— 

7 (I) the process for developing 

8 contract requirements for wartime 

9 contracts and contracts for contin10 gency operations; 

11 (II) the process for awarding 

12 contracts and task orders for wartime 

13 contracts and contracts for contin14 gency operations; 

15 (III) the process for managing 

16 and providing oversight for the per17 formance of wartime contracts and 

18 contracts for contingency operations; 

19 (IV) the process for holding con20 tractors and their employees account21 able for waste, fraud, abuse, or mis22 management under wartime contracts 

23 and contracts for contingency oper24 ations; 


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1 (V) the process for determining 

2 which functions are inherently govern3 mental and which functions are ap4 propriate for performance by contrac5 tors in an area of combat operations 

6 (including an area of a contingency 

7 operation), including a determination 

8 whether the use of civilian contractors 

9 to provide security in an area of com10 bat operations is a function that is in11 herently governmental; 

12 (VI) the organizational structure, 

13 policies and practices of the Depart14 ment of Defense and the Department 

15 of State handling contract manage16 ment and support for wartime con17 tracts and contracts for contingency 

18 operations; and 

19 (VII) the process by which roles 

20 and responsibilities with respect to 

21 wartime contracts and contracts for 

22 contingency operations are distributed 

23 among the various departments and 

24 agencies of the Federal Government, 

25 and interagency coordination and 


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1 communication mechanisms associated 

2 with wartime contracts and contracts 

3 for contingency operations. 

4 (5) OTHER POWERS AND AUTHORITIES.— 

5 (A) HEARINGS AND EVIDENCE.—The 

6 Commission or, on the authority of the Com7 mission, any subcommittee or member thereof, 

8 may, for the purpose of carrying out this sub9 section— 

10 (i) hold such hearings and sit and act 

11 at such times and places, take such testi12 mony, receive such evidence, administer 

13 such oaths; and 

14 (ii) subject to subparagraph (B)(i), 

15 require, by subpoena or otherwise, require 

16 the attendance and testimony of such wit17 nesses and the production of such books, 

18 records, correspondence, memoranda, pa19 pers, and documents, 

20 as the Commission or such designated sub21 committee or designated member may deter22 mine advisable. 

23 (B) SUBPOENAS.— 

24 (i) ISSUANCE.— 


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1 (I) IN GENERAL.—A subpoena 

2 may be issued under subparagraph 

3 (A) only— 

4 (aa) by the agreement of the 

5 chairman and the vice chairman; 

6 or 

7 (bb) by the affirmative vote 

8 of 5 members of the Commission. 

9 (II) SIGNATURE.—Subject to 

10 subclause (I), subpoenas issued under 

11 this subparagraph may be issued 

12 under the signature of the chairman 

13 or any member designated by a ma14 jority of the Commission, and may be 

15 served by any person designated by 

16 the chairman or by a member des17 ignated by a majority of the Commis18 sion. 

19 (ii) ENFORCEMENT.— 

20 (I) IN GENERAL.—In the case of 

21 contumacy or failure to obey a sub22 poena issued under clause (i), the 

23 United States district court for the ju24 dicial district in which the subpoenaed 

25 person resides, is served, or may be 


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1 found, or where the subpoena is re2 turnable, may issue an order requiring 

3 such person to appear at any des4 ignated place to testify or to produce 

5 documentary or other evidence. Any 

6 failure to obey the order of the court 

7 may be punished by the court as a 

8 contempt of that court. 

9 (II) ADDITIONAL ENFORCE10 MENT.—In the case of any failure of 

11 any witness to comply with any sub12 poena or to testify when summoned 

13 under authority of subclause (I) or 

14 this subclause, the Commission may, 

15 by majority vote, certify a statement 

16 of fact constituting such failure to the 

17 appropriate United States attorney, 

18 who may bring the matter before the 

19 grand jury for its action, under the 

20 same statutory authority and proce21 dures as if the United States attorney 

22 had received a certification under sec23 tions 102 through 104 of the Revised 

24 Statutes of the United States (2 

25 U.S.C. 192 through 194). 


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1 (C) ACCESS TO INFORMATION.—The Com2 mission may secure directly from the Depart3 ment of Defense and any other department or 

4 agency of the Federal Government any informa5 tion or assistance that the Commission con6 siders necessary to enable the Commission to 

7 carry out the requirements of this subsection. 

8 Upon request of the Commission, the head of 

9 such department or agency shall furnish such 

10 information expeditiously to the Commission. 

11 Whenever information or assistance requested 

12 by the Commission is unreasonably refused or 

13 not provided, the Commission shall report the 

14 circumstances to Congress without delay. 

15 (D) PERSONNEL.—The Commission shall 

16 have the authorities provided in section 3161 of 

17 title 5, United States Code, and shall be subject 

18 to the conditions set forth in such section, ex19 cept to the extent that such conditions would be 

20 inconsistent with the requirements of this sub21 section. 

22 (E) DETAILEES.—Any employee of the 

23 Federal Government employee may be detailed 

24 to the Commission without reimbursement from 

25 the Commission, and such detailee shall retain 


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1 the rights, status, and privileges of his or her 

2 regular employment without interruption. 

3 (F) SECURITY CLEARANCES.—The appro4 priate departments or agencies of the Federal 

5 Government shall cooperate with the Commis6 sion in expeditiously providing to the Commis7 sion members and staff appropriate security 

8 clearances to the extent possible pursuant to ex9 isting procedures and requirements, except that 

10 no person shall be provided with access to clas11 sified information under this section without 

12 the appropriate security clearances. 

13 (G) VIOLATIONS OF LAW.— 

14 (i) REFERRAL TO ATTORNEY GEN15 ERAL.—The Commission may refer to the 

16 Attorney General any violation or potential 

17 violation of law identified by the Commis18 sion in carrying out its duties under this 

19 subsection. 

20 (ii) REPORTS ON RESULTS OF REFER21 RAL.—The Attorney General shall submit 

22 to Congress a report on each prosecution 

23 and conviction that results from a referral 

24 made under this subparagraph. 


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1 (6) TERMINATION.—The Commission shall ter2 minate on the date that is 60 days after the date of 

3 the submittal of its final report under paragraph 

4 (4)(C). 

5 (7) CONTINGENCY OPERATION DEFINED.—In 

6 this subsection, the term ‘‘contingency operation’’ 

7 has the meaning given that term in section 101 of 

8 title 10, United States Code. 

9 (b) INVESTIGATION OF WASTE, FRAUD, ABUSE, AND

10 MISMANAGEMENT.— 

11 (1) IN GENERAL.—The Special Inspector Gen12 eral for Iraq Reconstruction shall, in collaboration 

13 with the Inspector General of the Department of De14 fense, the Inspector General of the Department of 

15 State, and the Inspector General of the United 

16 States Agency for International Development and in 

17 consultation with the Commission on Wartime Con18 tracting established by subsection (a), conduct a se19 ries of audits to identify potential waste, fraud, 

20 abuse, or mismanagement in the performance of— 

21 (A) Department of Defense contracts and 

22 subcontracts for the logistical support of coali23 tion forces in Operation Iraqi Freedom and Op24 eration Enduring Freedom; and 


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1 (B) Federal agency contracts and sub2 contracts for the performance of security, intel3 ligence, and reconstruction functions in Oper4 ation Iraqi Freedom and Operation Enduring 

5 Freedom. 

6 (2) SCOPE OF AUDITS OF CONTRACTS.—Each 

7 audit conducted pursuant to paragraph (1)(A) shall 

8 focus on a specific contract, task order, or site of 

9 performance under a contract or task order and 

10 shall examine, at a minimum, one or more of the fol11 lowing issues: 

12 (A) The manner in which requirements 

13 were developed. 

14 (B) The procedures under which the con15 tract or task order was awarded. 

16 (C) The terms and conditions of the con17 tract or task order. 

18 (D) The contractor’s staffing and method 

19 of performance, including cost controls. 

20 (E) The efficacy of Department of Defense 

21 management and oversight, Department of 

22 State management and oversight, and United 

23 States Agency for International Development 

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1 quacy of staffing and training of officials re2 sponsible for such management and oversight. 

3 (F) The flow of information from the con4 tractor to officials responsible for contract man5 agement and oversight. 

6 (3) SCOPE OF AUDITS OF OTHER CON7 TRACTS.—Each audit conducted pursuant to para8 graph (1)(B) shall focus on a specific contract, task 

9 order, or site of performance under a contract or 

10 task order and shall examine, at a minimum, one or 

11 more of the following issues: 

12 (A) The manner in which the requirements 

13 were developed and the contract or task order 

14 was awarded. 

15 (B) The manner in which the Federal 

16 agency exercised control over the contractor’s 

17 performance. 

18 (C) The extent to which operational field 

19 commanders are able to coordinate or direct the 

20 contractor’s performance in an area of combat 

21 operations. 

22 (D) The extent to which the functions per23 formed were appropriate for performance by a 

24 contractor. 


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1 (E) The degree to which contractor em2 ployees were properly screened, selected, 

3 trained, and equipped for the functions to be 

4 performed. 

5 (F) The nature and extent of any incidents 

6 of misconduct or unlawful activity by contractor 

7 employees. 

8 (G) The extent to which any incidents of 

9 misconduct or unlawful activity were reported, 

10 documented, investigated, and (where appro11 priate) prosecuted. 

12 (4) CONTINUATION OF SPECIAL INSPECTOR

13 GENERAL.— 

14 (A) IN GENERAL.—Notwithstanding sec15 tion 3001(o) of the Emergency Supplemental 

16 Appropriations Act for Defense and for the Re17 construction of Iraq and Afghanistan, 2004 

18 (Public Law 108–106; 5 U.S.C. App. 8G note), 

19 the Office of the Special Inspector General for 

20 Iraq Reconstruction shall not terminate until 

21 the date that is 60 days after the date of the 

22 submittal under paragraph (4)(C) of subsection 

23 (a) of the final report of the Commission on 

24 Wartime Contracting established by subsection 

25 (a). 


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1 (B) REAFFIRMATION OF CERTAIN DUTIES

2 AND RESPONSIBILITIES.—Congress reaffirms 

3 that the Special Inspector General for Iraq Re4 construction retains the duties and responsibil5 ities in sections 4 of the Inspector General Act 

6 of 1978 (5 U.S.C. App. 4; relating to reports 

7 of criminal violations to the Attorney General) 

8 and section 5 of the Inspector General Act of 

9 1978 (5 U.S.C. App. 5; relating to reports to 

10 Congress) as expressly provided in subsections 

11 (f)(3) and (i)(3), respectively, of section 3001 

12 of the Emergency Supplemental Appropriations 

13 Act for Defense and for the Reconstruction of 

14 Iraq and Afghanistan, 2004. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated such sums as may be re17 quired to carry out the provisions of this section. 

Æ 


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