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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. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS.

(a) Definitions- In this subtitle:

(1) MATTERS RELATING TO CONTRACTING- The term `matters relating to contracting', with respect to contracts in Iraq and Afghanistan, means all matters relating to awarding, funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel.

(2) CONTRACT IN IRAQ OR AFGHANISTAN- The term `contract in Iraq or Afghanistan' means a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, or a task order or delivery order at any tier issued under such a contract (including a contract, subcontract, or task order or delivery order issued by another Government agency for the Department of Defense, the Department of State, or the United States Agency for International Development), if the contract, subcontract, or task order or delivery order involves work performed in Iraq or Afghanistan for a period longer than 14 days.

(3) COVERED CONTRACT- The term `covered contract' means--

(A) a contract of a Federal agency for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c) of section 862;

(B) a subcontract at any tier under such a contract; or

(C) a task order or delivery order issued under such a contract or subcontract.

(4) CONTRACTOR- The term `contractor', with respect to a covered contract, means the contractor or subcontractor carrying out the covered contract.

(5) PRIVATE SECURITY FUNCTIONS- The term `private security functions' means activities engaged in by a contractor under a covered contract as follows:

(A) Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party.

(B) Any other activity for which personnel are required to carry weapons in the performance of their duties.

(6) RELEVANT COMMITTEES OF CONGRESS- The term `relevant committees of Congress' means each of the following committees:

(A) The Committees on Armed Services of the Senate and the House of Representatives.

(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.

(C) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(D) For purposes of contracts relating to the National Foreign Intelligence Program, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

(b) Classified Information- Nothing in this subtitle shall be interpreted to require the handling of classified information or information relating to intelligence sources and methods in a manner inconsistent with any law, regulation, executive order, or rule of the House of Representatives or of the Senate relating to the handling or protection of such information.

The House bill contained a provision (sec. 833) that would define certain terms used in provisions on contracting in Iraq and Afghanistan.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would add definitions of the terms `covered contract' and `private security functions' and clarify that nothing in this subtitle shall be interpreted to require the handling of classified information or information relating to intelligence sources and methods in a manner inconsistent with the requirements of applicable provisions of law, regulation, executive order, or legislative branch rules.

House Armed Services Committee Report 110-146

SECTION 833--DEFINITIONS

This section would define three terms for purposes of this subtitle. The term `matters relating to contracting' would mean all matters relating to awarding, funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel. The term `contracts in Iraq and Afghanistan' would mean a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, or a task order at any tier issued under such a contract, if the contract, subcontract, or task order involves work performed in Iraq or Afghanistan for a period longer than 14 days. The term `relevant committees of Congress' would mean the Committee on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives.