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country referred to in subsection (d) if the Secretary de-
termines either of the following: 
(1) That fire resistant rayon fiber for the pro-
duction 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 na-
tional technology and industrial base would re-
sult in sole-source contracts or subcontracts for 
the supply of fire resistant rayon fiber; and 
(B) such sole-source contracts or sub-
contracts would not be in the best interests of 
the Government or consistent with the objec-
tives 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 deter-
mination. 
(c) APPLICABILITY
TO SUBCONTRACTS.—The au-
thority under subsection (a) applies with respect to sub-
contracts under Department of Defense contracts as well 
as to such contracts. 
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(d) FOREIGN COUNTRIES COVERED.—The authority 
under subsection (a) applies with respect to a foreign 
country that— 
(1) is a party to a defense memorandum of un-
derstanding 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. 
SEC. 830. COMPTROLLER GENERAL REVIEW OF NON-
COMPETITIVE AWARDS OF CONGRESSIONAL 
AND EXECUTIVE BRANCH INTEREST ITEMS. 
Not later than one year after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense commit-
tees a report on the use of procedures other than competi-
tive procedures in the award of contracts by the Depart-
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ment 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 ‘‘Commis-
sion’’). 
(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 
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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 Com-
mittee on Armed Services, the Committee on 
Oversight and Government Reform, and the 
Committee 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 Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on Foreign Relations 
of the Senate. 
(D) 1 member shall be appointed by the 
minority leader of the House of Representa-
tives, 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. 
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(E) 2 members shall be appointed by the 
President, in consultation with the Secretary of 
Defense and the Secretary of State. 
(2) DEADLINE
FOR
APPOINTMENTS.—All ap-
pointments 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— 
(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 mi-
nority 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 successor) who made the appointment 
to the seat when the Commission was first es-
tablished; and 
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(B) if the officer in subparagraph (A) is of 
a party other than the party of the officer who 
made the appointment to the seat when the 
Commission was first established, chosen in 
consultation with the senior officers in the Sen-
ate 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 following matters: 
(A) Federal agency contracting for the re-
construction 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 per-
formance of security functions in Iraq and Af-
ghanistan. 
(2) SCOPE OF CONTRACTING COVERED.—The 
Federal agency contracting covered by this sub-
section includes contracts entered into both in the 
United States and abroad for the performance of ac-
tivities described in paragraph (1). 
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(3) PARTICULAR DUTIES.—In carrying out the 
study under this subsection, the Commission shall 
assess— 
(A) the extent of the reliance of the Fed-
eral Government on contractors to perform 
functions (including security 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 pur-
suant to paragraph (1), and the mechanisms 
used to evaluate contractor performance; 
(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 organiza-
tional structure, policies, practices, and re-
sources of the Department of Defense and the 
Department of State for handling program 
management and contracting for the programs 
and contracts under review pursuant to para-
graph (1); 
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(F) the extent to which contractors under 
such contracts have engaged in the misuse of 
force or have used force in a manner incon-
sistent 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 con-
tracts. 
(d) REPORTS.— 
(1) INTERIM REPORT.—On March 1, 2009, the 
Commission shall submit to Congress an interim re-
port 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 re-
ports on the study carried out under subsection (c) 
as the Commission considers appropriate. 
(3) FINAL REPORT.—Not later than two years 
after the date of the appointment of all of the mem-
bers of the Commission under subsection (b), the 
Commission shall submit to Congress a final report 
on the study carried out under subsection (c). The 
report shall— 
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(A) include the findings of the Commis-
sion; 
(B) identify lessons learned relating to 
contingency program management and contin-
gency contracting covered by the study; and 
(C) include specific recommendations for 
improvements to be made in— 
(i) the process for defining require-
ments and developing 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 pro-
gram management; 
(iv) the process for identifying, ad-
dressing, 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 per-
formance by contractors in a contingency 
operation (including during combat oper-
ations), especially whether providing secu-
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rity in an area of combat operations is in-
herently governmental; 
(vi) the organizational structure, re-
sources, policies, and practices of the De-
partment of Defense and the Department 
of State for performing contingency pro-
gram management; and 
(vii) the process by which roles and 
responsibilities with respect to manage-
ment and oversight of contracts in contin-
gency contracting are distributed among 
the various departments and agencies of 
the Federal Government, and interagency 
coordination and communication mecha-
nisms associated with contingency con-
tracting. 
(e) OTHER POWERS AND AUTHORITIES.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion 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, re-
ceive such evidence, administer such oaths (pro-
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vided that the quorum for a hearing shall be 
three members of the Commission); and 
(B) provide for the attendance and testi-
mony of such witnesses and the production of 
such books, records, correspondence, memo-
randa, papers, and documents; 
as the Commission, or such portion thereof, may de-
termine advisable. 
(2) INABILITY TO OBTAIN DOCUMENTS OR TES-
TIMONY.—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 appropriate investiga-
tive authorities. 
(3) ACCESS TO INFORMATION.—The Commis-
sion may secure directly from the Department of 
Defense and any other department 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, 
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the Commission shall report the circumstances to 
Congress without delay. 
(4) PERSONNEL.—The Commission shall have 
the authorities provided in section 3161 of title 5, 
United States Code, and shall be subject to the con-
ditions 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 ap-
propriate 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.— 
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