S.Amdt. 3306
What it does: Adds SEC. 868. REQUIREMENTS AND LIMITATIONS ON OVERSIGHT CONTRACTS RELATING TO IRAQ on page 195, between lines 10 and 11
Sen. Ron Wyden (D-OR)What it changes
1 change to S. 2400
Adds SEC. 868. REQUIREMENTS AND LIMITATIONS ON OVERSIGHT CONTRACTS RELATING TO IRAQ on page 195, between lines 10 and 11
Adds a sectionPrinted pageInserted: SEC. 868. REQUIREMENTS AND LIMITATIONS ON OVERSIGHT CONTRACTS RELATING TO IRAQ.
Inserted: (a) Non-Renewability of Current Oversight Contracts.--The Secretary of Defense may not renew or extend any oversight contract entered into by the Coalition Provisional Authority (CPA), or any successor entity, after the initial expiration of such contract, notwithstanding any term or provision of such contract to the contrary.
Inserted: (b) Prohibition on Future Entry Into Oversight Contracts.--(1) It is the policy of the United States Government that the oversight of contractors of the United States Government is an inherently governmental function.
Inserted: (2) The Secretary may not, after the date of the enactment of this Act--
Inserted: (A) enter into an oversight contract with respect to Iraq reconstruction, repair, or maintenance contracts; or
Inserted: (B) enter into any contract or arrangement similar to an oversight contract with respect to any reconstruction, repair, or maintenance contract of the Department of Defense in any other location.
Inserted: (c) Oversight by Inspector General of Coalition Provisional Authority.--(1) Subsection (e)(1) of section 3001 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note) is amended by striking "the head of the Coalition Provisional Authority" and inserting "the Secretary of Defense, acting through the United States Chief of Mission in Iraq".
Inserted: (2) Such section is further amended--
Inserted: (A) in subsection (j)--
Inserted: (i) in paragraph (1), by striking "the head of the Coalition Provisional Authority" and inserting "the United States Chief of Mission in Iraq who shall transmit the report to the Secretary of Defense";
Inserted: (ii) in paragraph (2), by striking "the head of the Coalition Provisional Authority" each place it appears and inserting "the Secretary"; and
Inserted: (B) Subsection (k)--
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Inserted: (i) in paragraph (1), by striking "the head of the Coalition Provisional Authority" and inserting "the Secretary of Defense"; and
Inserted: (ii) in paragraph (2), by striking "the head of the Coalition Provisional Authority" and inserting "the Secretary".
Inserted: (3) Such section is further amended--
Inserted: (A) by redesignating subsections (m) and (n) as subsections (n) and (o), respectively; and
Inserted: (B) by inserting after subsection (l) the following new subsection (m):
Inserted: "(m) Expiration.--The Office of the Inspector General of the Coalition Provisional Authority shall terminate 90 days after the date, as determined by the Secretary of Defense, on which all contracts of the Coalition Provisional Authority, or any successor entity, for the reconstruction of Iraq have expired.".
Inserted: (4) The amendments made by this subsection shall take effect on the later of--
Inserted: (A) June 30, 2004; or
Inserted: (B) the date of the enactment of this Act.
Inserted: (d) Definitions.--In this section:
Inserted: (1) The term "oversight contract" means a contract between the Coalition Provisional Authority, or any successor entity, and a non-governmental entity pursuant to which the non-governmental entity provides, through personnel of the non-governmental entity, dedicated program management and coordination support activities (including oversight, evaluation, and coordination of the performance of contracts by non-governmental entities) with respect to Iraq reconstruction, repair, or maintenance contracts, including but not limited to contracts as follows:
Inserted: (A) The contract awarded to AECOM, in the amount of $21,610,501 to provide support to manage the activities of the 6 sector program offices and report to the Coalition Provisional Authority Program Management Office.
Inserted: (B) The contract awarded on March 10, 2004, to CH2M Hill/ Parsons in the amount of $28,494,672 to provide dedicated support to the Public Works and Water Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
Inserted: (C) The contract awarded on March 10, 2004, to Berger/URS in the amount of $8,458,350 to provide dedicated support to the Transportation/Communication Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
Inserted: (D) The contract awarded on March 10, 2004, to Berger/URS in the amount of $8,458,350 to provide dedicated support to the Security/Justice Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
Inserted: (E) The contract awarded on March 10, 2004, to Berger/URS in the amount of $10,754,664 to provide dedicated support to the Buildings/Education/Health Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
Inserted: (F) The contract awarded on March 10, 2004, to Iraq Power Alliance Joint Venture in the amount of $43,361,340 to provide dedicated support to the Electrical Services Sector Program Management Office under the Coalition Provisional Authority Program Management.
Inserted: (G) The contract awarded on March 10, 2004, to Foster Wheeler, in the amount of $8,416,985 to provide dedicated support to the Oil Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
Inserted: (2) The term "Iraq reconstruction, repair, or maintenance contracts" means contracts or other agreements entered into with public or private entities for reconstruction, repair, or maintenance activities in or related to Iraq.
Original wording
On page 195, between lines 10 and 11, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3306. Mr. WYDEN (for himself and Mr. Dorgan) submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. REQUIREMENTS AND LIMITATIONS ON OVERSIGHT CONTRACTS RELATING TO IRAQ.
(a) Non-Renewability of Current Oversight Contracts.--The Secretary of Defense may not renew or extend any oversight contract entered into by the Coalition Provisional Authority (CPA), or any successor entity, after the initial expiration of such contract, notwithstanding any term or provision of such contract to the contrary.
(b) Prohibition on Future Entry Into Oversight Contracts.--(1) It is the policy of the United States Government that the oversight of contractors of the United States Government is an inherently governmental function.
(2) The Secretary may not, after the date of the enactment of this Act--
(A) enter into an oversight contract with respect to Iraq reconstruction, repair, or maintenance contracts; or
(B) enter into any contract or arrangement similar to an oversight contract with respect to any reconstruction, repair, or maintenance contract of the Department of Defense in any other location.
(c) Oversight by Inspector General of Coalition Provisional Authority.--(1) Subsection (e)(1) of section 3001 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note) is amended by striking “the head of the Coalition Provisional Authority” and inserting “the Secretary of Defense, acting through the United States Chief of Mission in Iraq”.
(2) Such section is further amended--
(A) in subsection (j)--
(i) in paragraph (1), by striking “the head of the Coalition Provisional Authority” and inserting “the United States Chief of Mission in Iraq who shall transmit the report to the Secretary of Defense”;
(ii) in paragraph (2), by striking “the head of the Coalition Provisional Authority” each place it appears and inserting “the Secretary”; and
(B) Subsection (k)--
(i) in paragraph (1), by striking “the head of the Coalition Provisional Authority” and inserting “the Secretary of Defense”; and
(ii) in paragraph (2), by striking “the head of the Coalition Provisional Authority” and inserting “the Secretary”.
(3) Such section is further amended--
(A) by redesignating subsections (m) and (n) as subsections (n) and (o), respectively; and
(B) by inserting after subsection (l) the following new subsection (m):
“(m) Expiration.--The Office of the Inspector General of the Coalition Provisional Authority shall terminate 90 days after the date, as determined by the Secretary of Defense, on which all contracts of the Coalition Provisional Authority, or any successor entity, for the reconstruction of Iraq have expired.”.
(4) The amendments made by this subsection shall take effect on the later of--
(A) June 30, 2004; or
(B) the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term “oversight contract” means a contract between the Coalition Provisional Authority, or any successor entity, and a non-governmental entity pursuant to which the non-governmental entity provides, through personnel of the non-governmental entity, dedicated program management and coordination support activities (including oversight, evaluation, and coordination of the performance of contracts by non-governmental entities) with respect to Iraq reconstruction, repair, or maintenance contracts, including but not limited to contracts as follows:
(A) The contract awarded to AECOM, in the amount of $21,610,501 to provide support to manage the activities of the 6 sector program offices and report to the Coalition Provisional Authority Program Management Office.
(B) The contract awarded on March 10, 2004, to CH2M Hill/ Parsons in the amount of $28,494,672 to provide dedicated support to the Public Works and Water Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
(C) The contract awarded on March 10, 2004, to Berger/URS in the amount of $8,458,350 to provide dedicated support to the Transportation/Communication Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
(D) The contract awarded on March 10, 2004, to Berger/URS in the amount of $8,458,350 to provide dedicated support to the Security/Justice Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
(E) The contract awarded on March 10, 2004, to Berger/URS in the amount of $10,754,664 to provide dedicated support to the Buildings/Education/Health Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
(F) The contract awarded on March 10, 2004, to Iraq Power Alliance Joint Venture in the amount of $43,361,340 to provide dedicated support to the Electrical Services Sector Program Management Office under the Coalition Provisional Authority Program Management.
(G) The contract awarded on March 10, 2004, to Foster Wheeler, in the amount of $8,416,985 to provide dedicated support to the Oil Sector Program Management Office under the Coalition Provisional Authority Program Management Office.
(2) The term “Iraq reconstruction, repair, or maintenance contracts” means contracts or other agreements entered into with public or private entities for reconstruction, repair, or maintenance activities in or related to Iraq.
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Senate amendment submitted
June 7, 2004