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

Subtitle F — Contracts in Iraq and Afghanistan

NDAA Section

House Conference Report 110-477

SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING.

(a) Memorandum of Understanding Required- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall, not later than July 1, 2008, enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan.

(b) Matters Covered- The memorandum of understanding required by subsection (a) shall address, at a minimum, the following:

(1) Identification of the major categories of contracts in Iraq or Afghanistan being awarded by the Department of Defense, the Department of State, or the United States Agency for International Development.

(2) Identification of the roles and responsibilities of each department or agency for matters relating to contracting for contracts in Iraq or Afghanistan.

(3) Responsibility for establishing procedures for, and the coordination of, movement of contractor personnel in Iraq or Afghanistan.

(4) Identification of common databases that will serve as repositories of information on contracts in Iraq or Afghanistan and contractor personnel in Iraq or Afghanistan, including agreement on the elements to be included in the databases, including, at a minimum--

(A) with respect to each contract--

(i) a brief description of the contract (to the extent consistent with security considerations);

(ii) the total value of the contract; and

(iii) whether the contract was awarded competitively; and

(B) with respect to contractor personnel--

(i) the total number of personnel employed on contracts in Iraq or Afghanistan;

(ii) the total number of personnel performing security functions under contracts in Iraq or Afghanistan; and

(iii) the total number of personnel working under contracts in Iraq or Afghanistan who have been killed or wounded.

(5) Responsibility for maintaining and updating information in the common databases identified under paragraph (4).

(6) Responsibility for the collection and referral to the appropriate Government agency of any information relating to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) or chapter 212 of title 18, United States Code (commonly referred to as the Military Extraterritorial Jurisdiction Act), including a clarification of responsibilities under section 802(a)(10) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), as amended by section 552 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364).

(c) Implementation of Memorandum of Understanding- Not later than 120 days after the memorandum of understanding required by subsection (a) is signed, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall issue such policies or guidance and prescribe such regulations as are necessary to implement the memorandum of understanding for the relevant matters pertaining to their respective agencies.

(d) Copies Provided to Congress-

(1) MEMORANDUM OF UNDERSTANDING- Copies of the memorandum of understanding required by subsection (a) shall be provided to the relevant committees of Congress within 30 days after the memorandum is signed.

(2) REPORT ON IMPLEMENTATION- Not later than 180 days after the memorandum of understanding required by subsection (a) is signed, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall each provide a report to the relevant committees of Congress on the implementation of the memorandum of understanding.

(3) DATABASES- The Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development shall provide access to the common databases identified under subsection (b)(4) to the relevant committees of Congress.

(4) CONTRACTS- Effective on the date of the enactment of this Act, copies of any contracts in Iraq or Afghanistan awarded after December 1, 2007, shall be provided to any of the relevant committees of Congress within 15 days after the submission of a request for such contract or contracts from such committee to the department or agency managing the contract.

The House bill contained a provision (sec. 831) that would require the Secretary of Defense and other relevant agency heads to sign a memorandum of understanding (MOU) regarding matters relating to contracting in Iraq and Afghanistan and prohibit the award of any new contracts in Iraq and Afghanistan after January 1, 2008, until the MOU has been signed.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment eliminating the prohibition on the award of new contracts.

House Armed Services Committee Report 110-146

SECTION 831--MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING

This section would require that the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) sign a memorandum of understanding (MOU) regarding matters relating to contracting for contracts in Iraq or Afghanistan. The MOU would clarify the roles and responsibilities of the two departments and USAID in managing and overseeing contracts including tracking and overseeing contractor personnel and maintaining a common database on such contracts. The MOU would assign responsibility for oversight of contractors carrying weapons and the collection and referral of any information relating to offenses under the Uniform Code of Military Justice (Chapter 47 of title 10, United States Code) and the Military Extraterritorial Jurisdiction Act (Chapter 212 of title 18, United States Code). This section would require the submission of the MOU to the relevant committees of Congress. This section would also prohibit the award of any new contracts in Iraq and Afghanistan after January 1, 2008, until the MOU is signed and the Department or agency concerned has initiated use of the common database unless the President waives the restriction.