H. R. 1585—225 
for the procurement of the product, or shall make an individual 
purchase under a multiple award contract in accordance with the 
competition requirements applicable to such contract. In conducting 
such a competition, the Secretary shall consider a timely offer 
from Federal Prison Industries. 
‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES HAS 
SIGNIFICANT MARKET SHARE.—(1) The Secretary of Defense may 
purchase a product listed in the latest edition of the Federal Prison 
Industries catalog for which Federal Prison Industries has a signifi-
cant market share only if the Secretary uses competitive procedures 
for the procurement of the product or makes an individual purchase 
under a multiple award contract in accordance with the competition 
requirements applicable to such contract. In conducting such a 
competition, the Secretary shall consider a timely offer from Federal 
Prison Industries. 
‘‘(2) For purposes of this subsection, Federal Prison Industries 
shall be treated as having a significant share of the market for 
a product if the Secretary, in consultation with the Administrator 
of Federal Procurement Policy, determines that the Federal Prison 
Industries share of the Department of Defense market for the 
category of products including such product is greater than 5 per-
cent.’’. 
(2) EFFECTIVE DATE.—The amendment made by subsection 
(a) shall take effect 60 days after the date of the enactment 
of this Act. 
(b) LIST OF PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES 
HAS SIGNIFICANT MARKET SHARE.— 
(1) INITIAL LIST.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
publish a list of product categories for which Federal Prison 
Industries’ share of the Department of Defense market is 
greater than 5 percent, based on the most recent fiscal year 
for which data is available. 
(2) MODIFICATION.—The Secretary may modify the list pub-
lished under paragraph (1) at any time if the Secretary deter-
mines that new data require adding a product category to 
the list or omitting a product category from the list. 
(3) CONSULTATION.—The Secretary shall carry out this sub-
section in consultation with the Administrator for Federal 
Procurement Policy. 
SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM 
RENEWABLE ENERGY SOURCES. 
(a) MULTIYEAR CONTRACT AUTHORITY.—Chapter 141 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 2410q. Multiyear contracts: purchase of electricity from 
renewable energy sources 
‘‘(a) MULTIYEAR
CONTRACTS
AUTHORIZED.—Subject to sub-
section (b), the Secretary of Defense may enter into a contract 
for a period not to exceed 10 years for the purchase of electricity 
from sources of renewable energy, as that term is defined in section 
203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)). 
‘‘(b) LIMITATIONS ON CONTRACTS FOR PERIODS IN EXCESS OF 
FIVE YEARS.—The Secretary may exercise the authority in sub-
section (a) to enter into a contract for a period in excess of five
H. R. 1585—226 
years only if the Secretary determines, on the basis of a business 
case analysis prepared by the Department of Defense, that— 
‘‘(1) the proposed purchase of electricity under such contract 
is cost effective for the Department of Defense; and 
‘‘(2) it would not be possible to purchase electricity from 
the source in an economical manner without the use of a 
contract for a period in excess of five years. 
‘‘(c) 
RELATIONSHIP
TO
OTHER
MULTIYEAR
CONTRACTING 
AUTHORITY.—Nothing in this section shall be construed to preclude 
the Department of Defense from using other multiyear contracting 
authority of the Department to purchase renewable energy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 141 of such title is amended by adding at the 
end the following new item: 
‘‘2410q. Multiyear contracts: purchase of electricity from renewable energy sources.’’. 
SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE 
PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES. 
(a) AUTHORITY TO PROCURE.—The Secretary of Defense may 
procure fire resistant rayon fiber for the production of uniforms 
that is manufactured in a foreign country referred to in subsection 
(d) if the Secretary determines either of the following: 
(1) That fire resistant rayon fiber for the production of 
uniforms is not available from sources within the national 
technology and industrial base. 
(2) That— 
(A) procuring fire resistant rayon fiber manufactured 
from suppliers within the national technology and indus-
trial base would result in sole-source contracts or sub-
contracts for the supply of fire resistant rayon fiber; and 
(B) such sole-source contracts or subcontracts would 
not be in the best interests of the Government or consistent 
with the objectives of section 2304 of title 10, United States 
Code. 
(b) SUBMISSION TO CONGRESS.—Not later than 30 days after 
making a determination under subsection (a), the Secretary shall 
submit to Congress a copy of the determination. 
(c) APPLICABILITY TO SUBCONTRACTS.—The authority under sub-
section (a) applies with respect to subcontracts under Department 
of Defense contracts as well as to such contracts. 
(d) FOREIGN COUNTRIES COVERED.—The authority under sub-
section (a) applies with respect to a foreign country that— 
(1) is a party to a defense memorandum of understanding 
entered into under section 2531 of title 10, United States Code; 
and 
(2) does not discriminate against defense items produced 
in the United States to a greater degree than the United 
States discriminates against defense items produced in that 
country. 
(e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE DEFINED.— 
In this section, the term ‘‘national technology and industrial base’’ 
has the meaning given that term in section 2500 of title 10, United 
States Code. 
(f) SUNSET.—The authority under subsection (a) shall expire 
on the date that is five years after the date of the enactment 
of this Act.
H. R. 1585—227 
SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE 
AWARDS OF CONGRESSIONAL AND EXECUTIVE BRANCH 
INTEREST ITEMS. 
Not later than one year after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit 
to the congressional defense committees a report on the use of 
procedures other than competitive procedures in the award of con-
tracts by the Department of Defense. The report shall compare 
the procedures used by the Department of Defense for the award 
of funds for new projects pursuant to congressionally directed 
spending items, as defined in rule XLIV of the Standing Rules 
of the Senate, or congressional earmarks, as defined in rule XXI 
of the Rules of the House of Representatives, with the procedures 
used by the Department of Defense for the award of funds for 
new projects of special interest to senior executive branch officials. 
Subtitle D—Accountability in Contracting 
SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
(a) ESTABLISHMENT.—There is hereby established a commission 
to be known as the ‘‘Commission on Wartime Contracting’’ (in 
this section referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP MATTERS.— 
(1) MEMBERSHIP.—The Commission shall be composed of 
8 members, as follows: 
(A) 2 members shall be appointed by the majority 
leader of the Senate, in consultation with the Chairmen 
of the Committee on Armed Services, the Committee on 
Homeland Security and Governmental Affairs, and the 
Committee on Foreign Relations of the Senate. 
(B) 2 members shall be appointed by the Speaker of 
the House of Representatives, in consultation with the 
Chairmen of the Committee on Armed Services, the Com-
mittee on Oversight and Government Reform, and the Com-
mittee on Foreign Affairs of the House of Representatives. 
(C) 1 member shall be appointed by the minority leader 
of the Senate, in consultation with the Ranking Minority 
Members of the Committee on Armed Services, the Com-
mittee on Homeland Security and Governmental Affairs, 
and the Committee on Foreign Relations of the Senate. 
(D) 1 member shall be appointed by the minority leader 
of the House of Representatives, in consultation with the 
Ranking Minority Member of the Committee on Armed 
Services, the Committee on Oversight and Government 
Reform, and the Committee on Foreign Affairs of the House 
of Representatives. 
(E) 2 members shall be appointed by the President, 
in consultation with the Secretary of Defense and the Sec-
retary of State. 
(2) DEADLINE FOR APPOINTMENTS.—All appointments to the 
Commission shall be made not later than 120 days after the 
date of the enactment of this Act. 
(3) CO-CHAIRMEN.—The Commission shall have two co- 
chairmen, including—
H. R. 1585—228 
(A) a co-chairman who shall be a member of the 
Commission jointly designated by the Speaker of the House 
of Representatives and the majority leader of the Senate; 
and 
(B) a co-chairman who shall be a member of the 
Commission jointly designated by the minority leader of 
the House of Representatives and the minority leader of 
the Senate. 
(4) VACANCY.—In the event of a vacancy in a seat on 
the Commission, the individual appointed to fill the vacant 
seat shall be— 
(A) appointed by the same officer (or the officer’s suc-
cessor) who made the appointment to the seat when the 
Commission was first established; and 
(B) if the officer in subparagraph (A) is of a party 
other than the party of the officer who made the appoint-
ment to the seat when the Commission was first estab-
lished, chosen in consultation with the senior officers in 
the Senate and the House of Representatives of the party 
which is the party of the officer who made the appointment 
to the seat when the Commission was first established. 
(c) DUTIES.— 
(1) GENERAL DUTIES.—The Commission shall study the fol-
lowing matters: 
(A) Federal agency contracting for the reconstruction 
of Iraq and Afghanistan. 
(B) Federal agency contracting for the logistical support 
of coalition forces operating in Iraq and Afghanistan. 
(C) Federal agency contracting for the performance 
of security functions in Iraq and Afghanistan. 
(2) SCOPE OF CONTRACTING COVERED.—The Federal agency 
contracting covered by this subsection includes contracts 
entered into both in the United States and abroad for the 
performance of activities described in paragraph (1). 
(3) PARTICULAR DUTIES.—In carrying out the study under 
this subsection, the Commission shall assess— 
(A) the extent of the reliance of the Federal Govern-
ment on contractors to perform functions (including secu-
rity functions) in Iraq and Afghanistan and the impact 
of this reliance on the achievement of the objectives of 
the United States; 
(B) the performance exhibited by Federal contractors 
for the contracts under review pursuant to paragraph (1), 
and the mechanisms used to evaluate contractor perform-
ance; 
(C) the extent of waste, fraud, and abuse under such 
contracts; 
(D) the extent to which those responsible for such 
waste, fraud, and abuse have been held financially or 
legally accountable; 
(E) the appropriateness of the organizational structure, 
policies, practices, and resources of the Department of 
Defense and the Department of State for handling program 
management and contracting for the programs and con-
tracts under review pursuant to paragraph (1); 
(F) the extent to which contractors under such con-
tracts have engaged in the misuse of force or have used
H. R. 1585—229 
force in a manner inconsistent with the objectives of the 
operational field commander; and 
(G) the extent of potential violations of the laws of 
war, Federal law, or other applicable legal standards by 
contractors under such contracts. 
(d) REPORTS.— 
(1) INTERIM REPORT.—On March 1, 2009, the Commission 
shall submit to Congress an interim report on the study carried 
out under subsection (c), including the results and findings 
of the study as of that date. 
(2) OTHER REPORTS.—The Commission may from time to 
time submit to Congress such other reports on the study carried 
out under subsection (c) as the Commission considers appro-
priate. 
(3) FINAL
REPORT.—Not later than two years after the 
date of the appointment of all of the members of the Commis-
sion under subsection (b), the Commission shall submit to Con-
gress a final report on the study carried out under subsection 
(c). The report shall— 
(A) include the findings of the Commission; 
(B) identify lessons learned relating to contingency pro-
gram management and contingency contracting covered by 
the study; and 
(C) include specific recommendations for improvements 
to be made in— 
(i) the process for defining requirements and devel-
oping statements of work for contracts in contingency 
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 accountability 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 organizational structure, resources, poli-
cies, and practices of the Department of Defense and 
the Department of State 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 Federal 
Government, and interagency coordination and commu-
nication mechanisms associated with contingency con-
tracting. 
(e) OTHER POWERS AND AUTHORITIES.— 
(1) HEARINGS AND EVIDENCE.—The Commission or, on the 
authority of the Commission, any portion thereof, may, for 
the purpose of carrying out this section—
H. R. 1585—230 
(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) INABILITY TO OBTAIN DOCUMENTS 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 jurisdiction and appro-
priate investigative authorities. 
(3) ACCESS TO INFORMATION.—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. 
Upon request of the Commission, the head of such department 
or agency shall furnish such information expeditiously to the 
Commission. Whenever information or assistance requested by 
the Commission is unreasonably refused or not provided, the 
Commission shall report the circumstances to Congress without 
delay. 
(4) PERSONNEL.—The Commission shall have the authori-
ties provided in section 3161 of title 5, United States Code, 
and shall be subject to the conditions set forth in such section, 
except to the extent that such conditions would be inconsistent 
with the requirements of this section. 
(5) DETAILEES.—Any employee of the Federal Government 
may be detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain the rights, 
status, and privileges of his or her regular employment without 
interruption. 
(6) SECURITY CLEARANCES.—The appropriate departments 
or agencies of the Federal Government shall cooperate with 
the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, 
except that no person shall be provided with access to classified 
information under this section without the appropriate security 
clearances. 
(7) VIOLATIONS OF LAW.— 
(A) REFERRAL TO ATTORNEY GENERAL.—The Commis-
sion may refer to the Attorney General any violation or 
potential violation of law identified by the Commission 
in carrying out its duties under this section. 
(B) REPORTS ON RESULTS OF REFERRAL.—The Attorney 
General shall submit to Congress a report on each prosecu-
tion, conviction, resolution, or other disposition that results 
from a referral made under this subparagraph. 
(f) TERMINATION.—The Commission shall terminate on the date 
that is 60 days after the date of the submittal of its final report 
under subsection (d)(3). 
(g) DEFINITIONS.—In this section:
H. R. 1585—231 
(1) CONTINGENCY
CONTRACTING.—The term ‘‘contingency 
contracting’’ means all stages of the process of acquiring prop-
erty or services during a contingency operation. 
(2) CONTINGENCY OPERATION.—The term ‘‘contingency oper-
ation’’ has the meaning given that term in section 101 of 
title 10, United States Code. 
(3) CONTINGENCY
PROGRAM
MANAGEMENT.—The term 
‘‘contingency program management’’ means the process of plan-
ning, organizing, staffing, controlling, and leading the combined 
efforts of participating personnel for the management of a 
specific acquisition program or programs during contingency 
operations. 
SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME 
CONTRACTS AND CONTRACTING PROCESSES IN IRAQ AND 
AFGHANISTAN. 
(a) AUDITS REQUIRED.—Thorough audits shall be performed 
in accordance with this section to identify potential waste, fraud, 
and abuse in the performance of— 
(1) Department of Defense contracts, subcontracts, and task 
and delivery orders for the logistical support of coalition forces 
in Iraq and Afghanistan; and 
(2) Federal agency contracts, subcontracts, and task and 
delivery orders for the performance of security and reconstruc-
tion functions in Iraq and Afghanistan. 
(b) AUDIT PLANS.— 
(1) The Department of Defense Inspector General shall 
develop a comprehensive plan for a series of audits of contracts, 
subcontracts, and task and delivery orders covered by sub-
section (a)(1), consistent with the requirements of subsection 
(g), in consultation with other Inspectors General specified in 
subsection (c) with regard to any contracts, subcontracts, or 
task or delivery orders over which such Inspectors General 
have jurisdiction. 
(2) The Special Inspector General for Iraq Reconstruction 
shall develop a comprehensive plan for a series of audits of 
contracts, subcontracts, and task and delivery orders covered 
by subsection (a)(2) relating to Iraq, consistent with the require-
ments of subsection (h), in consultation with other Inspectors 
General specified in subsection (c) with regard to any contracts, 
subcontracts, or task or delivery orders over which such Inspec-
tors General have jurisdiction. 
(3) The Special Inspector General for Afghanistan 
Reconstruction shall develop a comprehensive plan for a series 
of audits of contracts, subcontracts, and task and delivery 
orders covered by subsection (a)(2) relating to Afghanistan, 
consistent with the requirements of subsection (h), in consulta-
tion with other Inspectors General specified in subsection (c) 
with regard to any contracts, subcontracts, or task or delivery 
orders over which such Inspectors General have jurisdiction. 
(c) PERFORMANCE
OF AUDITS
BY CERTAIN INSPECTORS GEN-
ERAL.—The Special Inspector General for Iraq Reconstruction, 
during such period as such office exists, the Special Inspector Gen-
eral for Afghanistan Reconstruction, during such period as such 
office exists, the Inspector General of the Department of Defense, 
the Inspector General of the Department of State, and the Inspector 
General of the United States Agency for International Development