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

Subtitle D--Contractor Matters

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

Section 863 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended to read as follows:

`SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

`(a) Joint Report Required-

`(1) IN GENERAL- Except as provided in paragraph (6), every 12 months, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall submit to the relevant committees of Congress a joint report on contracts in Iraq or Afghanistan.

`(2) PRIMARY MATTERS COVERED- A report under this subsection shall, at a minimum, cover the following with respect to contracts in Iraq and Afghanistan during the reporting period:

`(A) Total number of contracts awarded.

`(B) Total number of active contracts.

`(C) Total value of all contracts awarded.

`(D) Total value of active contracts.

`(E) The extent to which such contracts have used competitive procedures.

`(F) Total number of contractor personnel working on contracts at the end of each quarter of the reporting period.

`(G) Total number of contractor personnel who are performing security functions at the end of each quarter of the reporting period.

`(H) Total number of contractor personnel killed or wounded.

`(3) ADDITIONAL MATTERS COVERED- A report under this subsection shall also cover the following:

`(A) The sources of information and data used to compile the information required under paragraph (2).

`(B) A description of any known limitations of the data reported under paragraph (2), including known limitations of the methodology and data sources used to compile the report.

`(C) Any plans for strengthening collection, coordination, and sharing of information on contracts in Iraq and Afghanistan through improvements to the common databases identified under section 861(b)(4).

`(4) REPORTING PERIOD- A report under this subsection shall cover a period of not less than 12 months.

`(5) SUBMISSION OF REPORTS- The Secretaries and the Administrator shall submit an initial report under this subsection not later than February 1, 2011, and shall submit an updated report by February 1 of every year thereafter until February 1, 2013.

`(6) EXCEPTION- If the total annual amount of obligations for contracts in Iraq and Afghanistan combined is less than $250,000,000 for the reporting period, for all three agencies combined, the Secretaries and the Administrator may submit, in lieu of a report, a letter stating the applicability of this paragraph, with such documentation as the Secretaries and the Administrator consider appropriate.

`(7) ESTIMATES- In determining the total number of contractor personnel working on contracts under paragraph (2)(F), the Secretaries and the Administrator may use estimates for any category of contractor personnel for which they determine it is not feasible to provide an actual count. The report shall fully disclose the extent to which estimates are used in lieu of an actual count.

`(b) Comptroller General Review and Report-

`(1) IN GENERAL- Within 180 days after submission of each annual joint report required under subsection (a), but in no case later than August 5 of each year until 2013, the Comptroller General of the United States shall review the joint report and submit to the relevant committees of Congress a report on such review.

`(2) MATTERS COVERED- A report under this subsection shall, at minimum--

`(A) assess the data and data sources used in developing the joint report;

`(B) review how the Department of Defense, the Department of State, and the United States Agency for International Development are using the data and the data sources used to develop the joint report in managing, overseeing, and coordinating contracting in Iraq and Afghanistan;

`(C) assess the plans of the departments and agency for strengthening or improving the common databases identified under section 861(b)(4); and

`(D) review and make recommendations on any specific contract or class of contracts that the Comptroller General determines raises issues of significant concern.

`(3) ACCESS TO DATABASES AND OTHER INFORMATION- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall provide to the Comptroller General full access to information on contracts in Iraq and Afghanistan for the purposes of the review carried out under this subsection, including the common databases identified under section 861(b)(4).'.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended by adding at the end of subtitle F of title VIII the following new section (and conforming the table of sections for such subtitle at the beginning of title VIII and at the beginning of such Act accordingly):

`SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

`(a) Joint Report Required-

`(1) IN GENERAL- Every 12 months, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall submit to the relevant committees of Congress a joint report on contracts in Iraq or Afghanistan.

`(2) MATTERS COVERED- A report under this subsection shall, at a minimum, cover-

`(A) any significant developments or issues with respect to contracts in Iraq and Afghanistan during the reporting period;

`(B) the plans of the departments and agency for strengthening interagency coordination of contracts in Iraq and Afghanistan or in future contingency operations, including plans related to the common databases identified under section 861(b)(4);

`(C) the desirability and feasibility of including in the common databases identified under section 861(b)(4) information about contracts subject to the regulations required by section 839 of the National Defense Authorization Act for Fiscal Year 2011 (providing for extending and applying the requirements of section 862 to additional areas designated or listed in that section 839); and

`(D) the penalties, if any, imposed by the departments and agency on contractors for failing to comply with requirements under section 861(e), including requirements to provide information for the common databases identified under section 861(b)(4).

`(3) REPORTING PERIOD- A report under this subsection shall cover a period of not less than 12 months.

`(4) SUBMISSION OF REPORTS- The Secretaries and the Administrator shall submit an initial report under this subsection not later than February 1, 2011, and shall submit an updated report by February 1 of every year thereafter until February 1, 2013. If the total annual amount of obligations for contracts in Iraq and Afghanistan combined is less than $250 million for the reporting period, for the departments and agency combined, the Secretaries and the Administrator may submit a letter documenting this in place of a report.

`(b) Comptroller General Review and Report-

`(1) IN GENERAL- Within 180 days after submission of each annual joint report required under subsection (a), but in no case later than August 5 of each year until 2013, the Comptroller General shall review the joint report and interagency coordination of contracting in Iraq and Afghanistan and submit to the relevant committees of Congress a report on such review.

`(2) MATTERS COVERED- A report under this subsection shall, at minimum--

`(A) review how the Department of Defense, the Department of State, and the United States Agency for International Development are using the data contained in the common databases identified under section 861(b)(4) in managing, overseeing, and coordinating contracting in Iraq and Afghanistan; and

`(B) assess the plans of the departments and agency for strengthening interagency coordination of contracts in Iraq and Afghanistan or in future contingency operations, particularly any plans related to the common databases identified under section 861(b)(4).

`(3) ACCESS TO DATABASES AND OTHER INFORMATION- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall provide to the Comptroller General full access to information on contracts in Iraq and Afghanistan for the purposes of the review carried out under this subsection, including the common databases identified under section 861(b)(4).'.

The House bill contained a provision (sec. 822) that would amend section 863 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to require the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development to submit a joint annual report to Congress on contracting in Iraq and Afghanistan. The provision would also require an annual review of the joint report by the Comptroller General.

The Senate committee-reported bill contained no similar provision.

The agreement includes the House provision with an amendment that would clarify the matters covered by the joint report.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 822--ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN

This section would amend the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) by adding a new section 865 that would require the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) to annually submit to the relevant committees of Congress (as those committees are defined in section 864 of Public Law 110-181) a joint report on United States contracts in the Republic of Iraq and the Islamic Republic of Afghanistan. The report would include information on any significant developments or issues with respect to contracts in Iraq and Afghanistan during the 12-month reporting period. The report would also include a description of the agencies' plans for strengthening interagency coordination of contracting in Iraq and Afghanistan and in future contingency operations.

This section would also require the Comptroller General to review the joint report and interagency coordination of contracting in Iraq and Afghanistan and submit to the relevant committees of Congress a report on such review. The Comptroller General would be required to review how the agencies are using the data contained in the common databases established pursuant to section 861(b)(4) of Public Law 110-181 and assess the agencies' plans for strengthening interagency coordination of contracting in Iraq and Afghanistan, and future contingency operations. This section would require the Secretary of Defense, the Secretary of State, and the Administrator of USAID to provide the Comptroller General with full access to information on contracts in Iraq and Afghanistan for the purposes of this review and report.