[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5507 Introduced in House (IH)]
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. 101. Findings.
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.
(a) Liability.--
(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'').
(c) Definitions.--
(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.
(e) Membership.--
(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.--
(1) Director and staff.--
(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.
(5) Subpoena power.--
(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.
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