Page:United States Statutes at Large Volume 122.djvu/256

 12 2 STA T . 2 3 3 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 (i)theproc e s s f or d efi n in g re qu ire m ents a nd de v e l- oping statements of w or k for contracts in contingenc y contracting (ii) the process for awarding contracts and task or delivery orders in contingency contracting; (iii) the process for contingency program manage- ment; (iv) the process for identifying , addressing, and providing accounta b ility for waste, fraud, and abuse in contingency contracting; (v) the process for determining which functions are inherently governmental and which functions are appropriate for performance by contractors in a contin- gency operation (including during combat operations), especially whether providing security in an area of combat operations is inherently governmental; (vi) the organi z ational structure, resources, poli- cies, and practices of the D epartment of Defense and the Department of S tate for performing contingency program management; and (vii) the process by which roles and responsibilities with respect to management and oversight of contracts in contingency contracting are distributed among the various departments and agencies of the F ederal G overnment, and interagency coordination and commu- nication mechanisms associated with contingency con- tracting . (e) OTHERPOW ER SANDAU THOR I TIES. — ( 1 ) H EARIN G SANDE V IDEN C E.— T he C ommission or, on the authority of the Commission, any portion thereof, may, for the purpose of carrying out this section— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths (provided that the quorum for a hearing shall be three members of the Commission); and ( B ) provide for the attendance and testimony of such witnesses and the production of such books, records, cor- respondence, memoranda, papers, and documents; as the Commission, or such portion thereof, may determine advisable. ( 2 ) I NA B I L IT Y TO OBTAIN DOCU M ENTS OR TESTIMONY.—In the event the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the committees of Congress of j urisdiction and appro- priate investigative authorities. ( 3 ) ACCESS TO IN F ORMATION.—The Commission may secure directly from the Department of Defense and any other depart- ment or agency of the Federal Government any information or assistance that the Commission considers necessary to enable the Commission to carry out the requirements of this section. U pon request of the Commission, the head of such department or agency shall furnish such information e x peditiously to the Commission. W henever information or assistance requested by the Commission is unreasonably refused or not provided, the Commission shall report the circumstances to Congress without delay. Reports.

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