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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E--Never Contract With the Enemy

P. L. 113-291

Explanatory Statement, 12/4/14, H8671

SEC. 843. DEFINITIONS.

In this subtitle:

(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--

(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

(2) CONTINGENCY OPERATION- The term `contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code.

(3) CONTRACT- The term `contract' includes a contract for commercial items but is not limited to a contract for commercial items.

(4) COVERED COMBATANT COMMAND- The term `covered combatant command' means the following:

(A) The United States Africa Command.

(B) The United States Central Command.

(C) The United States European Command.

(D) The United States Pacific Command.

(E) The United States Southern Command.

(F) The United States Transportation Command.

(5) COVERED CONTRACT, GRANT, OR COOPERATIVE AGREEMENT DEFINED- The term `covered contract, grant, or cooperative agreement' means a contract, grant, or cooperative agreement with an estimated value in excess of $50,000 that is performed outside the United States, including its possessions and territories, in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(6) COVERED PERSON OR ENTITY- The term `covered person or entity' means a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(7) EXECUTIVE AGENCY- The term `executive agency' has the meaning given that term in section 133 of title 41, United States Code.

(8) HEAD OF CONTRACTING ACTIVITY- The term `head of contracting activity' has the meaning described in section 1.601 of the Federal Acquisition Regulation.

(9) UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS- The term `Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards' means the guidance issued by the Office of Management and Budget in part 200 of chapter II of title 2 of the Code of Federal Regulations.

Definitions (sec. 843)

A proposed amendment to the Senate committee-reported bill (amendment number 3743D) contained a provision that would provide certain definitions.

The House bill contained no similar provision.

The agreement includes the Senate provision with a clarifying amendment.

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