NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle E—Other Matters
P. L. 112-	House Conference Report 112-705
SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS. (a) In General- Not later than 90 days after the end of each of fiscal years 2013 through 2016, the Secretary of Defense shall submit to the appropriate committees of Congress a report on any actions described in subsection (b) which occurred during the preceding fiscal years. (b) Actions Described- (1) IN GENERAL- An action described in this subsection is the Secretary of Defense-- (A) entering into a contract that includes an indemnification provision relating to bodily injury caused by negligence or relating to wrongful death; or (B) modifying an existing contract to include a provision described in subparagraph (A) in a contract. (2) EXCLUDED CONTRACTS- Paragraph (1) shall not apply to any contract awarded in accordance with-- (A) section 2354 of title 10, United States Code; or (B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (c) Matters Included- For each action covered in a report under subsection (a), the report shall include-- (1) the name of the contractor; (2) a description of the indemnification provision included in the contract; and (3) a justification for the contract including the indemnification provision. (d) Form- Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (e) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means-- (1) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives.	Reports on use of indemnification agreements (sec. 865) The Senate amendment contained a provision (sec. 847) that would require the Department of Defense to report to the congressional defense committees on the use of indemnification agreements in defense contracts. The House bill contained no similar provision. The House recedes.

SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.