An amendment numbered 33 printed in House Report 110-151 to edit sections 831 and 833 of H.R. 1585 by (1) limiting the number of times the President can waive restrictions on contracting should the Memorandum of Understanding regarding contracts for Iraq and Afghanistan not be completed; (2) clarifying that members of Congress on the relevant Committees can view contracts regardless of the MOU, as well as the database of contract information for work to be performed in Iraq and Afghanistan; and (3) clarifying that the Select Intelligence Committees shall be allowed to view contracts that fall under their jurisdiction.

1. Rewrites section 833 of section 832 of section 831

   Replaces

   Removes section 833 of section 832 of section 831.

   Inserted: SEC. 831. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING.

   Inserted: (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 enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan.

   Inserted: (b) Restrictions on Contracting Until Memorandum Signed.--

   Inserted: (1) Restriction.--Except as provided in paragraph (2), on and after January 1, 2008, no contracts in Iraq or Afghanistan may be awarded by the Department of Defense, the Department of State, or the United States Agency for International Development (A) unless the memorandum required by subsection (a) has been signed by the Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development, respectively; and (B) the department or agency concerned has initiated use of the common database identified in such memorandum to track contracts in Iraq or Afghanistan.

   Inserted: (2) Waiver.--

   Inserted: (A) The President may waive the restriction in paragraph (1) for a period of 45 days if the President determines in writing that, but for such a waiver, there would be substantial harm to critical national security objectives and submits the determination, including the reasons for such determination, to the relevant committees of Congress at least 15 days before issuing the waiver.

   Inserted: (B) Such waiver may be renewed for one additional 45-day period if the President submits a determination in writing to the relevant committees of Congress that renewal of the waiver is necessary to avoid substantial harm to critical national security objectives.

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

   Inserted: (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.

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

   Inserted: (3) Responsibility for authorizing the carrying of weapons in performance of such contracts.

   Inserted: (4) Responsibility for establishing minimum qualifications, including background checks, for personnel carrying weapons in performance of such contracts.

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   Inserted: (5) Responsibility for setting rules of engagement for personnel carrying weapons in performance of such contracts.

   Inserted: (6) Responsibility for establishing procedures for, and the coordination of, movement of contractor personnel in Iraq or Afghanistan.

   Inserted: (7) Identification of a common database that will serve as a repository of information on all contracts in Iraq or Afghanistan, and agreement on the elements to be included in the database, including, at a minimum, with respect to each contract--

   Inserted: (A) a brief description of the contract;

   Inserted: (B) the value of the contract;

   Inserted: (C) the amount of cost ascribed to overhead for the contract;

   Inserted: (D) the amount of cost ascribed to security for the contract;

   Inserted: (E) the total number of personnel employed on the contract; and

   Inserted: (F) the total number of personnel employed on the contract who provide security in Iraq or Afghanistan.

   Inserted: (8) Responsibility for maintaining and updating information in the common database identified under paragraph (7).

   Inserted: (9) 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).

   Inserted: (10) Responsibility for the issuance of guidance, as appropriate, on equipment used by contractor personnel, including guidance on appropriate vehicles, uniforms, body armor, and weapons.

   Inserted: (11) Responsibility for the collection and maintenance of information relating to casualties suffered by personnel working on contracts in Iraq or Afghanistan.

   Inserted: (d) Copies Provided to Congress.--

   Inserted: (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.

   Inserted: (2) Database.--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 database identified under subsection (c)(7) to the relevant committees of Congress.

   Inserted: (3) Contracts.--Effective on the date of the enactment of this Act, copies of any contracts awarded in Iraq or Afghanistan 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.

   Inserted: SEC. 832. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN.

   Inserted: (a) Reviews and Reports Required.--

   Inserted: (1) In general.--Every six months, the Comptroller General shall review contracts in Iraq or Afghanistan and submit to the relevant committees of Congress a report on such review.

   Inserted: (2) Matters covered.--A report under this subsection shall cover the following with respect to the contracts in Iraq or Afghanistan reviewed for the report:

   Inserted: (A) Total number of contracts awarded during the period covered by the report.

   Inserted: (B) Total number of active contracts.

   Inserted: (C) Total value of all contracts awarded during the reporting period.

   Inserted: (D) Total value of active contracts.

   Inserted: (E) Total number of contractor personnel working on contracts during the reporting period.

   Inserted: (F) Total number of contractor personnel who have provided security in Iraq or Afghanistan for contracts during the reporting period.

   Inserted: (G) Categories of activities undertaken in reviewed contracts.

   Inserted: (H) The extent to which such contracts have used competitive procedures.

   Inserted: (I) The extent to which such contracts have achieved the initial scope of requirements included in the contracts.

   Inserted: (J) The effect of costs for security on such contracts and whether contracting for security on such contracts rather than government-provided security is more effective, efficient, and consistent with the United States policy goals.

   Inserted: (K) Information on any specific contract or class of contracts that the Comptroller General determines raises issues of significant concern.

   Inserted: (3) Submission of reports.--The Comptroller General shall submit an initial report under this subsection not later than March 1, 2008, and shall submit an updated report every six months thereafter until March 1, 2010.

   Inserted: (b) Access to Database on Contracts.--The Secretary of Defense, the Secretary of State, and the Administrator for the United States Agency for International Development shall provide full access to the database described in section 831(c)(7) to the Comptroller General for purposes of the reviews carried out under this section.

   Inserted: SEC. 833. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (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.

   Inserted: (2) Contracts in iraq or afghanistan.--The term "contracts 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 at any tier issued under such a contract (including a contract, subcontract, or task 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 involves worked performed in Iraq or Afghanistan for a period longer than 14 days.

   Inserted: (3) Relevant committees of congress.--The term "relevant committees of Congress" means each of the following committees:

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

   Inserted: (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.

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

   Inserted: (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.

   Original wording

   Strike sections 831, 832, and 833, and insert the following:

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As printed