An amendment numbered 81 printed in House Report 111-498 to require a penalty for prime contractors that do not provide information to databases on contracts in Iraq and Afghanistan, and it adds a reporting requirement. The penalty would withhold award and incentive fee payments.

1. 1

   Change 1: Adds SEC. 839. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN at the end of title VIII

   Adds a section

   In H.R. 5136 · Reported in House

   (e) Government Security Committee.--For the purposes of this section, a government security committee is a subcommittee of a covered entity's board of directors, made up of resident United States citizens, that is responsible for ensuring that the covered entity complies with the requirements of the national industrial security program.

   Inserted: SEC. 839. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN.

   Inserted: Section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended by adding at the end the following new subsection:

   Inserted: "(e) Penalties.--Any contract in Iraq or Afghanistan entered into or modified after September 1, 2011, shall include a clause requiring the imposition of a penalty, by the department or agency awarding the contract, on any contractor that does not comply with requirements under this section, including requirements in the memorandum of understanding required by subsection (a), to provide information for the common databases identified under subsection (b)(4), including updating the information required. The penalty shall consist of the withholding of award and incentive fees.".

   Original wording

   At the end of title VIII, add the following new section:

2. 2

   Change 2: Strikes “and”

   StrikesPage 304, line 15Printed page

   Struck: and

   Original wording

   Page 304, line 15, strike “and”.

3. 3

   Change 3: Replaces the period on page 304, line 21 with “; and”

   ReplacesPrinted page

   …[struck: .][inserted: ; and]

   Original wording

   Page 304, line 21, strike the period and insert “; and”.

4. 4

   Change 4: Inserts new text on page 304, line 21

   InsertsPrinted page

   Inserted: (C) 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).

   Original wording

   Page 304, after line 21, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed