I 
110TH CONGRESS 
1ST SESSION H. R. 3706 
To provide for the study and investigation of wartime contracts and con-
tracting 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 Se-
lect), 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 con-
tracts and contracting processes in Operation Iraqi Free-
dom and Operation Enduring Freedom. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commission on War-
time Contracting Establishment Act’’. 
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SEC. 2. STUDY AND INVESTIGATION OF WARTIME CON-
TRACTS AND CONTRACTING PROCESSES IN 
OPERATION IRAQI FREEDOM AND OPER-
ATION ENDURING FREEDOM. 
(a) COMMISSION ON WARTIME CONTRACTING.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished a commission to be known as the ‘‘Commis-
sion on Wartime Contracting’’ (in this subsection re-
ferred 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 con-
sultation with the Chairmen of the Com-
mittee on Armed Services and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate. 
(ii) 2 members shall be appointed by 
the Speaker of the House of Representa-
tives, 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 con-
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sultation with the Ranking Minority Mem-
bers 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 Rep-
resentatives, in consultation with the 
Ranking Minority Member of the Com-
mittee on Armed Services and the Com-
mittee on Oversight and Government Re-
form 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 en-
actment 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 ap-
pointed under clauses (i) and (ii) of sub-
paragraph (A), but only if approved by the 
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the rights, status, and privileges of his or her 
regular employment without interruption. 
(F) SECURITY CLEARANCES.—The appro-
priate departments or agencies of the Federal 
Government shall cooperate with the Commis-
sion in expeditiously providing to the Commis-
sion members and staff appropriate security 
clearances to the extent possible pursuant to ex-
isting procedures and requirements, except that 
no person shall be provided with access to clas-
sified information under this section without 
the appropriate security clearances. 
(G) VIOLATIONS OF LAW.— 
(i) REFERRAL
TO
ATTORNEY
GEN-
ERAL.—The Commission may refer to the 
Attorney General any violation or potential 
violation of law identified by the Commis-
sion in carrying out its duties under this 
subsection. 
(ii) REPORTS ON RESULTS OF REFER-
RAL.—The Attorney General shall submit 
to Congress a report on each prosecution 
and conviction that results from a referral 
made under this subparagraph. 
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(6) TERMINATION.—The Commission shall ter-
minate 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 Gen-
eral for Iraq Reconstruction shall, in collaboration 
with the Inspector General of the Department of De-
fense, 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 In-
spector General of the Defense Intelligence Agency, 
and the Inspector General of the Office of the Direc-
tor of National Intelligence and in consultation with 
the Commission on Wartime Contracting established 
by subsection (a), conduct a series of audits to iden-
tify potential waste, fraud, abuse, or mismanage-
ment in the performance of— 
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(A) Department of Defense contracts and 
subcontracts for the logistical support of coali-
tion forces in Operation Iraqi Freedom and Op-
eration Enduring Freedom; and 
(B) Federal agency contracts and sub-
contracts for the performance of security, intel-
ligence, and reconstruction functions in Oper-
ation 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 fol-
lowing issues: 
(A) The manner in which requirements 
were developed. 
(B) The procedures under which the con-
tract or task order was awarded. 
(C) The terms and conditions of the con-
tract 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 
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State management and oversight, and United 
States Agency for International Development 
management and oversight, including the ade-
quacy of staffing and training of officials re-
sponsible for such management and oversight. 
(F) The flow of information from the con-
tractor to officials responsible for contract man-
agement and oversight. 
(3) SCOPE
OF
AUDITS
OF
OTHER
CON-
TRACTS.—Each audit conducted pursuant to para-
graph (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. 
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(D) The extent to which the functions per-
formed were appropriate for performance by a 
contractor. 
(E) The degree to which contractor em-
ployees 
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 appro-
priate) prosecuted. 
(4) CONTINUATION
OF
SPECIAL
INSPECTOR 
GENERAL.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 3001(o) of the Emergency Supplemental 
Appropriations Act for Defense and for the Re-
construction 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 
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(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 Re-
construction retains the duties and responsibil-
ities 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 re-
quired to carry out the provisions of this section. 
Æ 
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