HR 5507
110th CONGRESS
2d Session
H. R. 5507
To require the safe, complete, and fully-funded redeployment of United
States Armed Forces and contractor security forces from Iraq and to prohibit
the establishment of any enduring or permanent United States military bases
in Iraq, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 2008
Ms. WOOLSEY (for herself, Ms. LEE, Ms. WATERS, Ms. CLARKE, Mr. CUMMINGS,
and Mr. GRIJALVA) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on Armed Services,
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 require the safe, complete, and fully-funded redeployment of United
States Armed Forces and contractor security forces from Iraq and to prohibit
the establishment of any enduring or permanent United States military bases
in Iraq, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Fully-Funded United States
Military Redeployment and Sovereignty of Iraq Restoration Act of 2008'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ
Sec. 102. Statement of policy.
Sec. 103. Repeal of Public Law 107-243.
Sec. 104. Disengagement of United States Armed Forces and contractor security
forces from Iraq.
Sec. 105. Prohibition on permanent United States military installations
in Iraq.
Sec. 106. Deployment of international stabilization force to Iraq.
Sec. 107. Closure of detention centers operated by United States in Iraq.
Sec. 108. Liability of United States for certain acts against prisoners
and detainees in Iraq.
Sec. 109. Limitation on total number of United States Government personnel
at United States Embassy in Baghdad, Iraq.
Sec. 110. Prohibition on production sharing agreements for Iraqi petroleum
resources.
Sec. 111. Iraqi-American Interparliamentary Group.
Sec. 112. Assistance to support international efforts for political reconciliation
in Iraq.
TITLE II--COMPREHENSIVE POST-CONFLICT SUPPORT IN IRAQ
Sec. 201. Statement of policy.
Sec. 202. Plan to initiate a diplomatic surge to bring an expeditious end
to the occupation of Iraq.
Sec. 203. Deployment of the Armed Forces to achieve an over-the-horizon
military presence for the purpose of targeting global terrorism.
Sec. 204. Commission on Funding the Reconstruction of Iraq.
TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ
SEC. 101. FINDINGS.
Congress finds the following:
(1) The brave men and women of the United States Armed Forces continue to
serve with distinction in Iraq and have earned the respect and gratitude
of the American people.
(2) On May 1, 2003, under a banner displaying the words `Mission Accomplished,'
President George W. Bush stated: `Major combat operations in Iraq have ended.'.
At that point, the occupation of Iraq began.
(3) The civilian leadership at the Department of Defense has failed to adequately
support United States Armed Forces in Iraq, which were not trained to carry
out an occupation and did not receive the proper equipment to achieve their
stated mission.
(4) The occupation of Iraq has made the United States economically and militarily
weaker, has made the United States less safe because it has enhanced the
recruitment of terrorists, and has diminished America's prestige and influence
in the world.
(5) Iraq is embroiled in a civil war characterized by daily occurrences
of retaliation and revenge, fueled by the occupation of Iraq by United States
Armed Forces. The civil war in Iraq was predicted by United States military
commanders before the 2003 occupation of Iraq.
(6) The United States has pursued military action rather than diplomatic
alternatives in Iraq, and has reduced reconstruction efforts in Iraq.
(7) On May 13, 2003, the President stated, `We will stay as long as necessary
to make sure that the Iraqi people have a government of, by and for the
Iraqi people. And then we'll come home.'.
(8) On December 15, 2005, the Iraqi people participated in elections to
directly elect a full-term government. Iraqi Prime Minister Nouri al-Maliki
and other high-ranking Iraqi Government officials, as well as leaders from
the Sunni, Shiite, and Kurdish communities in Iraq, have since called for
a timetable for the withdrawal of United States Armed Forces from Iraq.
(9) Iraqi Prime Minister Nouri al-Maliki has stated that Iraqi political
leaders must bring security and stability to Iraq.
(10) During the summer of 2006, General George Casey, the top United States
military commander in Iraq, proposed a plan for the deployment from Iraq
of a substantial portion of United States Armed Forces and briefed the President
accordingly.
(11) United States military commanders in Iraq, including General David
Petraeus, have repeatedly stated that there is no military solution to the
turmoil in Iraq.
(12) In the United States elections held on November 7, 2006, the American
people clearly voted for a change in United States policy in Iraq and in
favor of United States military disengagement from Iraq.
(13) In December 2006, the bipartisan Iraq Study Group recommended against
the United States making an open-ended commitment to keep large numbers
of United States troops deployed in Iraq.
(14) Furthermore, the Iraq Study Group recommended that the primary mission
of United States forces in Iraq should evolve to one supporting the Iraqi
army, which should take over responsibility for combat operations.
(15) In particular, the Iraq Study Group concluded that by the end of the
first quarter of 2008, all United States combat brigades not necessary for
force protection could be withdrawn from Iraq, subject to unexpected developments
in the situation on the ground, and urged a fundamental change in mission
wherein remaining United States combat forces should be deployed only in
units embedded with Iraqi forces, in rapid-reaction and special operations
teams, and in training, equipping, advising, force protection, and search
and rescue.
(16) In disregard of these bipartisan recommendations, the President on
January 10, 2007, ordered a surge of 30,000 additional United States troops
be deployed to Iraq for the expressed purpose of providing Iraqi leaders
inside and outside of the central government until September 2007 to negotiate,
reconcile, and achieve much-needed fundamental reforms deemed essential
to attaining greater stability, curbing sectarian violence, and re-building
civil society and respect for the rule of law in Iraq.
(17) No substantial progress has been made toward achievement of the aforementioned
reforms within the Iraqi body politic.
(18) Consequently, an even greater majority of the American people are opposed
to prolonging an open-ended deployment of United States Armed Forces in
Iraq and concur with the recommendation of the bipartisan Iraq Study Group
that the President should publicly renounce any United States desire for
permanent military bases in Iraq.
SEC. 102. STATEMENT OF POLICY.
Congress declares that it is the policy of the United States--
(1) to commence the safe and orderly redeployment of United States troops
and military contractors and end the military occupation of Iraq on the
basis of the findings specified in section 101;
(2) to pursue security and stability in Iraq through diplomacy;
(3) to help preserve the territorial integrity of Iraq as a nation state
and establish a strong, effective, and democratic central government consistent
with the provisions of the Constitution of Iraq;
(4) to take all appropriate measures to account for any missing members
of the United States Armed Forces or United States citizens in Iraq; and
(5) to turn over all internal security activities and military operations
in Iraq to the elected Government of Iraq not later than the end of the
one-year period beginning on the date of the enactment of this Act.
SEC. 103. REPEAL OF PUBLIC LAW 107-243.
The Authorization for Use of Military Force Against Iraq Resolution of 2002
(Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed.
SEC. 104. DISENGAGEMENT OF UNITED STATES ARMED FORCES AND CONTRACTOR SECURITY
FORCES FROM IRAQ.
(a) Withdrawal of Armed Forces-
(1) IN GENERAL- Except as provided in paragraph (2), not later than the
end of the one-year period beginning on the date of enactment of this Act,
all United States Armed Forces serving in Iraq as part of Operation Iraqi
Freedom shall be withdrawn from Iraq and returned to the United States or
redeployed outside of the Middle East.
(2) LIMITED PRESENCE- After the end of the one-year period beginning on
the date of enactment of this Act, the Secretary of Defense may deploy or
maintain not more than 500 members of the United States Armed Forces in
Iraq to protect the United States Embassy in Baghdad and to safeguard Americans
remaining in Iraq for nonmilitary purposes.
(b) Withdrawal of Contractor Security Forces-
(1) IN GENERAL- Not later than the end of the one-year period beginning
on the date of enactment of this Act, all security forces under contract
or subcontract with the United States Government and working in Iraq shall
be withdrawn from Iraq.
(2) TERMINATION OF CONTRACTS- The contract or subcontract providing for
the use of such security forces shall be terminated as soon as practicable
after the forces are withdrawn.
(c) Prohibition on Use of Funds To Continue Deployment of Armed Forces and
Contractor Security Forces in Iraq-
(1) PROHIBITION- Except as provided in paragraph (2), funds appropriated
or otherwise made available under any provision of law may not be obligated
or expended to deploy or continue to deploy members or units of the United
States Armed Forces or contractor security forces to Iraq as part of Operation
Iraqi Freedom.
(2) EXCEPTIONS- Paragraph (1) does not apply to the use of funds--
(A) to provide for the safe and orderly withdrawal of the Armed Forces
and contractor security forces from Iraq pursuant to subsections (a) and
(b); or
(B) to ensure the security of Iraq and its transition to democratic rule
by carrying out consultations with the Government of Iraq, other foreign
governments, the North Atlantic Treaty Organization, the United Nations,
and other international organizations.
(d) Rule of Construction- Nothing in this section shall be construed to prohibit
or otherwise restrict the use of funds available to any department or agency
of the United States, other than the Department of Defense, to carry out social
and economic reconstruction activities in Iraq.
(e) Armed Forces Defined- In this section, the term `Armed Forces' has the
meaning given the term in section 101(a)(4) of title 10, United States Code.
SEC. 105. PROHIBITION ON PERMANENT UNITED STATES MILITARY INSTALLATIONS
IN IRAQ.
(a) Prohibition- No permanent or long-term military installation, which is
designed or intended to be occupied by a unit of the United States Armed Forces
after the withdrawal of the Armed Forces from Iraq pursuant to section 104(a),
may be constructed in Iraq unless explicitly approved by Congress in the form
of a treaty or statute.
(b) Transfer of Military Facilities- The President of the United States shall
transfer to the Government of Iraq all right, title, and interest held by
the United States in any military facility in Iraq that was constructed, repaired,
or improved using amounts appropriated to the Department of Defense and occupied
by a unit of the United States Armed Forces.
SEC. 106. DEPLOYMENT OF INTERNATIONAL STABILIZATION FORCE TO IRAQ.
(a) Deployment- If requested jointly by the executive and legislative branches
of the Government of Iraq (including with the support of the National Assembly
of Iraq), the President of the United States is authorized to support the
deployment of an international stabilization force to Iraq to enhance public
security in Iraq after the withdrawal of United States Armed Forces from Iraq
pursuant to section 104(a).
(b) Sense of Congress- It is the sense of Congress that the deployment of
the international stabilization force to Iraq described in subsection (a)
should commence not later than the end of the one-year period beginning on
the date of enactment of this Act, and terminate not later than the end of
the two-year period beginning on the date of commencement of such deployment.
SEC. 107. CLOSURE OF DETENTION CENTERS OPERATED BY UNITED STATES IN IRAQ.
(a) Closure Required- No later than the end of the one-year period beginning
on the date of enactment of this Act, all detention centers operated by the
United States Armed Forces in Iraq or operated under contract with the United
States Government in Iraq shall be closed.
(b) Treatment of Remaining Prisoners and Detainees-
(1) INDICTED IRAQIS WHO SERVED IN SADDAM HUSSEIN REGIME- An Iraqi prisoner
or detainee in a detention center closed under subsection (a) who served
in the regime of Saddam Hussein and has been indicted by the Government
of Iraq as of the date of the closure of the center shall be transferred
from United States custody to the control of Iraqi authorities.
(2) OTHER IRAQIS WHO SERVED IN SADDAM HUSSEIN REGIME- An Iraqi prisoner
or detainee in a detention center closed under subsection (a) who served
in the regime of Saddam Hussein and is suspected of crimes, but who has
not been indicted as of the date of the closure of the center, shall be
transferred from United States custody to the control of Iraqi authorities.
All records held by the United States related to the prisoner or detainee
shall be transferred to the Iraqi Ministry of Justice and related courts.
(3) RELEASE OF CERTAIN IRAQIS- An Iraqi prisoner or detainee in a detention
center closed under subsection (a) who is suspected or accused solely of
participation in the insurgency, but no specific crime, shall be released.
(4) NON-IRAQIS WHO PARTICIPATED IN THE IRAQI INSURGENCY- A non-Iraqi prisoner
or detainee in a detention center closed under subsection (a) who is suspected
or accused of participation in the insurgency shall be transferred to the
control of the International Committee of the Red Crescent in collaboration
with the International Committee of the Red Cross.
(5) AL-QAEDA MEMBERS- Notwithstanding any of the preceding paragraphs, a
prisoner or detainee in a detention center closed under subsection (a) who
is suspected or accused of being a member of, or associated with, the terrorist
group al-Qaeda shall be brought to the United States for indictment and
trial, as determined in a United States court of law.
SEC. 108. LIABILITY OF UNITED STATES FOR CERTAIN ACTS AGAINST PRISONERS
AND DETAINEES IN IRAQ.
(1) TORTURE- Any citizen or national of Iraq or of any other foreign country
who was imprisoned or detained in Iraq by a covered person during the period
beginning on March 19, 2003, and ending at the conclusion of the one-year
period beginning on the date of enactment of this Act, may bring an action
against the United States in an appropriate court of the United States for
money damages for personal injury or death caused by an act of torture committed
by a covered person, during such imprisonment or detention, in violation
of the obligations of the United States under international law or in violation
of any law of the United States (if the imprisonment or detention had occurred
in the United States).
(2) ILLEGAL IMPRISONMENT OR DETENTION- Any citizen or national of Iraq or
of any other foreign country who was imprisoned or detained in Iraq by a
covered person in violation of the obligations of the United States under
international law or in violation of any law of the United States (if the
imprisonment or detention had occurred in the United States) during the
period beginning on March 19, 2003, and ending at the conclusion of the
one-year period beginning on the date of enactment of this Act, may bring
an action against the United States in an appropriate court of the United
States for money damages for personal injury or death incurred by reason
of such imprisonment or detention.
(b) Jurisdiction- The United States district courts shall have original jurisdiction,
concurrent with the United States Court of Federal Claims, of any civil action
against the United States under subsection (a).
(c) Statute of Limitations- An action under this section is barred unless
it is commenced within 5 years after the cause of action arose.
(d) Nature of Remedy- The remedy provided under this section is in addition
to any other remedy provided by law.
(e) Definitions- In this section:
(1) COVERED PERSON- The term `covered person' means--
(A) any member of the United States Armed Forces;
(B) any other officer or employee of the United States Government; or
(C) any employee of security forces under contract or subcontract with
the United States Government.
(2) TORTURE- The term `torture' has the meaning given that term in section
3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note).
SEC. 109. LIMITATION ON TOTAL NUMBER OF UNITED STATES GOVERNMENT PERSONNEL
AT UNITED STATES EMBASSY IN BAGHDAD, IRAQ.
(a) Limitation- Notwithstanding any other provision of law, the total number
of officers and employees of the United States Government assigned to the
United States Embassy in Baghdad, Iraq, may not exceed 500 individuals, not
including the members of the United States Armed Forces described in section
104(a)(2).
(b) Effective Date- Subsection (a) shall take effect beginning on the first
day after the conclusion of the one-year period beginning on the date of enactment
of this Act.
SEC. 110. PROHIBITION ON PRODUCTION SHARING AGREEMENTS FOR IRAQI PETROLEUM
RESOURCES.
(a) Prohibition- On or after the date of the enactment of this Act, no department,
agency, or other entity of the Government of the United States and no national
of the United States may enter into a contract of longer than thirty days
for the development, production, or marketing of petroleum resources in Iraq.
(b) Sunset- Subsection (a) shall cease to be effective beginning on the date
on which the President of the United States certifies to Congress that the
Government of Iraq has established and is enforcing laws that provide for
the regulation of activities of foreign governments and foreign nationals
pursuant to contracts for the development, production, or marketing of petroleum
resources in Iraq.
(c) Definition- In this section, the term `national of the United States'
means--
(1) a natural person who is a citizen of the United States or who owes permanent
allegiance to the United States or is an alien lawfully admitted for permanent
residence in the United States, as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or
(2) a corporation, partnership, or other business association that is organized
under the laws of the United States, any State or territory thereof, or
the District of Columbia.
SEC. 111. IRAQI-AMERICAN INTERPARLIAMENTARY GROUP.
(a) Establishment and Meetings- There is established an Iraqi-American Interparliamentary
Group (in this section referred to as the `Group').
(b) Membership- The Group shall be composed of not more than 24 Members of
Congress, who shall be appointed to meet annually, including at times when
Congress is not in session, with representatives of the National Assembly
of the Republic of Iraq for discussion of common problems in the interest
of relations between Iraq and the United States. The Members of Congress so
appointed shall be referred to as the `United States group' of the Iraqi-American
Interparliamentary Group.
(c) Appointment of Members- Of the Members of Congress appointed to the Group--
(1) half shall be appointed by the Speaker of the House of Representatives
from among Members of the House (not fewer than four of whom shall be Members
of the Committee on Foreign Affairs); and
(2) half shall be appointed by the President Pro Tempore of the Senate,
upon recommendations of the majority and minority leaders of the Senate,
from among Members of the Senate (not fewer than four of whom shall be members
of the Committee on Foreign Relations) unless the majority and minority
leaders of the Senate determine otherwise.
(d) Chair and Vice Chair-
(1) HOUSE OF REPRESENTATIVES- The Speaker of the House of Representatives
shall designate the Chair or Vice Chair of the House of Representatives
delegation of the United States group. The Chair or Vice Chair shall be
a Member of the Committee on Foreign Affairs of the House of Representatives.
(2) SENATE- The President Pro Tempore of the Senate shall designate the
Chair or Vice Chair of the Senate delegation of the United States group.
The Chair or Vice Chair shall be a Member of the Committee on Foreign Relations
of the Senate.
(e) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated $100,000 for each
fiscal year to assist in meeting the expenses of the United States group.
(2) DISTRIBUTION- Half of the amount appropriated in accordance with paragraph
(1) shall be for the House of Representatives delegation and half of such
amount shall be for the Senate delegation.
(3) DISBURSEMENT- The House and Senate portions of such amount shall be
disbursed on vouchers to be approved by the Chair of the House delegation
and the Chair of the Senate delegation, respectively.
(f) Certification of Expenditures- The certificate of the Chair of the House
of Representatives delegation or the Senate delegation of the United States
group shall be final and conclusive upon the accounting officers in the auditing
of the accounts of the United States group.
(g) Annual Report- Not later than 45 days after the conclusion of a fiscal
year with respect to which an appropriation was made for the United States
group, the United States group shall submit to Congress a report containing
information relating to its expenditures under such appropriation.
SEC. 112. ASSISTANCE TO SUPPORT INTERNATIONAL EFFORTS FOR POLITICAL RECONCILIATION
IN IRAQ.
(a) Findings- Congress finds the following:
(1) The bipartisan Iraq Study Group report found that `national reconciliation
is essential to reduce further violence and maintain the unity of Iraq'.
(2) The bipartisan Iraq Study Group report recommended that diplomats work
to `energize countries to support national political reconciliation in Iraq'.
(3) The January 2007 National Security Council report, entitled the Iraq
Strategy Review, set an objective to `foster the conditions for Iraqi national
reconciliation, but with the Iraqi government clearly in the lead'.
(4) United States Ambassador Ryan Crocker, in testimony to Congress on September
10, 2007, noted that the United States `will continue our efforts to assist
Iraqis in the pursuit of national reconciliation'.
(5) In 2006, the Iraqi Government announced the creation of the National
Council for the Reconciliation.
(b) Sense of Congress- Congress--
(1) strongly supports reconciliation efforts within Iraq; and
(2) strongly supports the creation of an Iraqi-supported international commitment
to reconciliation in Iraq and a safe and secure future for the Iraqi people.
(c) Purpose of Assistance- The purpose of assistance under this section is
to support international efforts to encourage peaceful and positive contact,
dialogue, and reconciliation among the Iraqi people.
(d) Authorization of Assistance- The President of the United States Institute
of Peace is authorized to provide assistance to carry out the purpose of subsection
(c).
(e) Activities Supported- Activities that may be supported by assistance under
subsection (d) include--
(1) preventing violent conflicts in Iraq;
(2) promoting post-conflict stability and development in Iraq;
(3) increasing conflict management capacity, tools, and intellectual capital
within Iraq;
(4) promoting tolerance and forgiveness; and
(5) facilitating dialogue in the region.
(f) Authorization of Appropriations-
(1) IN GENERAL- To carry out this section, there are authorized to be appropriated
to the President of the United States Institute of Peace $20,000,000 for
each of the fiscal years 2008 through 2012.
(2) OTHER PROVISIONS- Amounts appropriated pursuant to the authorization
of appropriations under paragraph (1)--
(A) may be referred to as the `Political Reconciliation in Iraq Fund';
and
(B) are authorized to remain available until expended.
TITLE II--COMPREHENSIVE POST-CONFLICT SUPPORT IN IRAQ
SEC. 201. STATEMENT OF POLICY.
(a) Statement of Policy- It is the policy of the United States to work with
the Government of Iraq and the international community to provide for the
reconstruction of Iraq.
(b) Types of Activities- In carrying out the policy described in subsection
(a), priority should be given to carrying out reconstruction activities such
as--
(1) redeveloping Iraqi civilian institutions;
(2) supporting independent, nonprofit Iraqi think tanks dedicated to developing
peace and non-violent conflict resolution strategies and to developing education
and training materials, basic and applied research opportunities, and information
services to promote domestic tranquility and international peace;
(3) rebuilding public health infrastructure, including restoring hospitals
and clinics and the purchase of diagnostic and therapeutic equipment and
services for hospitals and clinics;
(4) demining and the destruction of landmines, unexploded ordinances, and
clean up of depleted uranium artillery shells; and
(5) dismantling and disposing of fortifications and other remnants of Operation
Iraqi Freedom.
SEC. 202. PLAN TO INITIATE A DIPLOMATIC SURGE TO BRING AN EXPEDITIOUS END
TO THE OCCUPATION OF IRAQ.
(a) Findings- Congress finds the following:
(1) The Iraq Study Group Report states that `Iraq cannot be effectively
addressed in isolation from other major regional issues.'.
(2) The Iraq Study Group Report further states that a diplomatic effort
`cannot be successful unless it includes the active participation of those
countries that have a critical stake in preventing Iraq from falling into
chaos'.
(b) Plan Required- The President shall establish and implement a plan to initiate
an escalation of diplomatic efforts by the United States to--
(1) directly engage with Iran and Syria to gain the commitment of such countries
for constructive policies relating to Iraq;
(2) convene a regional conference with Iraq's neighbors, regional stakeholders,
and international allies for bringing peace and stability to Iraq and developing
coordinated strategies for the reconstruction of Iraq;
(3) work with the Government of Iraq to develop milestones and promote efforts
for promoting reconstruction, improving security, and ensuring good governance;
and
(4) create and train a national reconstruction corps in Iraq.
(c) Reports- Not later than 60 days after the date of the enactment of this
Act, the President shall transmit to Congress a report that contains a description
of the plan established under subsection (b). Not later than 90 days after
the date of the enactment of this Act, and every 90 days thereafter until
the occupation of Iraq is over, the President shall transmit to Congress a
report that contains the results of the implementation of the plan established
under subsection (b).
SEC. 203. DEPLOYMENT OF THE ARMED FORCES TO ACHIEVE AN OVER-THE-HORIZON
MILITARY PRESENCE FOR THE PURPOSE OF TARGETING GLOBAL TERRORISM.
(a) Deployment Required- The President, in consultation with the Secretary
of Defense and the Secretary of State, shall deploy the Armed Forces outside
the United States in such numbers as the President determines is required
to achieve an over-the-horizon presence of the Armed Forces for the purpose
of targeting global terrorism.
(b) Armed Forces Defined- In this section, the term `Armed Forces' has the
meaning given the term in section 101 of title 10, United States Code.
SEC. 204. COMMISSION ON FUNDING THE RECONSTRUCTION OF IRAQ.
(a) Findings- The Congress finds that--
(1) the United States has a moral obligation to assist the Government of
Iraq with the reconstruction of Iraq; and
(2) contractors of the Federal Government should not derive excess profits
from work performed under contracts on behalf of the taxpayers of the United
States.
(b) Establishment- There is established the `Commission on Funding the Reconstruction
of Iraq' (in this section referred to as the `Commission').
(1) FEDERAL CONTRACTOR- The term `Federal contractor' means an individual
or an entity that has been awarded a contract by an Executive agency to
provide goods or services.
(2) EXECUTIVE AGENCY- The term `Executive agency' has the meaning provided
in section 105 of title 5, United States Code.
(3) EXCESS PROFITS- The term `excess profits' means profits that exceed
the average rate of profit for the specific industry in which a Federal
contractor provides goods or services.
(d) Duties of Commission- The Commission shall perform the following duties:
(1) Determine the profits of Federal contractors under contracts relating
to Operation Iraqi Freedom, whether such contracts are entered into or performed
in the United States or outside the United States, including contracts--
(A) for the reconstruction of Iraq;
(B) for the logistical support of coalition forces in Operation Iraqi
Freedom; and
(C) for the performance of security and intelligence functions in Operation
Iraqi Freedom.
(2) Determine the average rate of profit for the specific industries in
which Federal contractors provide goods or services.
(3) Determine the amount of excess profits that Federal contractors have
received under the contracts described in paragraph (1).
(4) Determine a fair and appropriate tax on such excess profits.
(5) Determine the most appropriate method to collect such a tax on excess
profits.
(6) Determine the most appropriate method to use such a tax on excess profits
for the reconstruction of Iraq.
(7) Submit to Congress a report pursuant to subsection (i) containing detailed
statements of the Commission's findings, conclusions, and recommendations
as determined by a majority of the members of the Commission.
(1) NUMBER AND APPOINTMENT- The Commission shall be composed of 12 members
as follows:
(A) 1 member appointed by the Secretary of Defense who is a senior-level
official of the Department of Defense with responsibility for contracting
with private firms.
(B) 1 member appointed by the Secretary of State who is a senior-level
official of the Department of State with responsibility for contracting
with private firms.
(C) 1 member appointed by the Secretary of Treasury who is a senior-level
official of the Department of the Treasury with responsibility for contracting
with private firms.
(D) 2 members who are Members of the House of Representatives including--
(i) 1 member appointed by the Speaker of the House of Representatives
who is a member of the majority party; and
(ii) 1 member appointed by the minority leader of the House of Representatives
who is a member of the minority party.
(E) 2 members who are Members of the Senate including--
(i) 1 member appointed by the majority leader of the Senate who is a
member of the majority party; and
(ii) 1 member appointed by the minority leader of the Senate who is
a member of the minority party.
(F) 5 members from the private sector appointed by the Speaker of the
House of Representatives and the President pro tempore of the Senate jointly,
in consultation with the leader of the minority party in the House of
Representatives and the leader of the minority party in the Senate, who
are drawn from positions of responsibility with respect to international
human rights, international development, and the law of taxation of corporate
entities.
(2) TERMS- Each member shall be appointed for the life of the Commission.
(3) VACANCIES- A vacancy in the Commission shall be filled in the manner
in which the original appointment was made and shall not affect the powers
of the Commission.
(4) BASIC PAY- Members shall serve without pay.
(5) TRAVEL EXPENSES- Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States Code.
(6) QUORUM- 6 members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(7) CHAIRPERSON; VICE-CHAIRPERSON-
(A) CHAIRPERSON- The chairperson of the Commission, who shall be a Member
of Congress and a member of the majority party, shall be elected by the
members of the Commission.
(B) VICE-CHAIRPERSON- The vice-chairperson of the Commission, who shall
be a Member of Congress and a member of the minority party, shall be elected
by the members of the Commission.
(8) MEETINGS- The Commission shall meet at the call of the chairperson or
a majority of its members.
(f) Director and Staff of Commission; Experts and Consultant-
(A) IN GENERAL- Subject to such policies as the Commission may prescribe,
the chairperson of the Commission may appoint and fix the pay of a director
and such additional personnel as the chairperson considers appropriate
to carry out the duties of the Commission.
(B) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The director and staff
of the Commission may be--
(i) appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service; and
(ii) paid without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of that title relating to classification and General
Schedule pay rates.
(2) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(g) Detail of Government Employees- Upon the request of the Commission, the
head of any Federal agency may detail any of the personnel of such agency
to the Commission to assist in carrying out the duties of the Commission.
(h) Powers of Commission-
(1) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying
out this section, hold hearings, sit and act at times and places, take testimony,
and receive evidence as the Commission considers appropriate. The chairperson,
or such other member of the Commission as the chairperson may designate,
may administer oaths or affirmations to witnesses appearing before it.
(2) OBTAINING OFFICIAL DATA- The Commission may secure directly from any
department or agency of the United States, including the Office of the Special
Inspector General for Iraq Reconstruction, information necessary to enable
it to carry out its duties under this section. Upon request of the chairperson
of the Commission, the head of that department or agency shall furnish that
information to the Commission.
(3) MAILS- The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the United
States.
(4) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission, on
a reimbursable basis, the administrative support services necessary for
the Commission to carry out its duties under this section.
(A) IN GENERAL- The chairperson, or such other member of the Commission
as the chairperson may designate, may issue subpoenas requiring the attendance
and testimony of witnesses and the production of any evidence necessary
to enable the Commission to carry out its duties. The attendance of witnesses
and the production of evidence may be required from any place within the
United States at any designated place of hearing within the United States.
(B) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey a subpoena
issued under subparagraph (A), the Commission may apply to a United States
district court for an order requiring that person to appear before the
Commission to give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is found,
resides, or transacts business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(6) IMMUNITY- Except as provided in this paragraph, a person may not be
excused from testifying or from producing evidence pursuant to a subpoena
on the ground that the testimony or evidence required by the subpoena may
tend to incriminate or subject that person to criminal prosecution. A person,
after having claimed the privilege against self-incrimination, may not be
criminally prosecuted by reason of any transaction, matter, or thing which
that person is compelled to testify about or produce evidence relating to,
except that the person may be prosecuted for perjury committed during the
testimony or made in the evidence.
(7) CONTRACT AUTHORITY- The Commission may enter into contracts with and
compensate government and private agencies or persons to enable the Commission
to discharge its duties under this section, without regard to section 3709
of the Revised Statutes (41 U.S.C. 5).
(i) Report- Not later than 180 days after its establishment, the Commission
shall submit a report to Congress.
(j) Termination- The Commission shall terminate 30 days after it submits its
report.
END
