H. R. 1585—232 
shall perform such audits as required by subsection (a) and identi-
fied in the audit plans developed pursuant to subsection (b) as 
fall within the respective scope of their duties as specified in law. 
(d) COORDINATION OF AUDITS.—The Inspectors General speci-
fied in subsection (c) shall work to coordinate the performance 
of the audits required by subsection (a) and identified in the audit 
plans developed under subsection (b) including through councils 
and working groups composed of such Inspectors General. 
(e) JOINT AUDITS.—If one or more audits required by subsection 
(a) and identified in an audit plan developed under subsection 
(b) falls within the scope of the duties of more than one of the 
Inspectors General specified in subsection (c), and such Inspectors 
General agree that such audit or audits are best pursued jointly, 
such Inspectors General shall enter into a memorandum of under-
standing relating to the performance of such audit or audits. 
(f) SEPARATE AUDITS.—If one or more audits required by sub-
section (a) and identified in an audit plan developed under sub-
section (b) falls within the scope of the duties of more than one 
of the Inspectors General specified in subsection (c), and such 
Inspectors General do not agree that such audit or audits are 
best pursued jointly, such audit or audits shall be separately per-
formed by one or more of the Inspectors General concerned. 
(g) SCOPE OF AUDITS OF CONTRACTS.—Audits conducted pursu-
ant to subsection (a)(1) shall examine, at a minimum, one or more 
of the following issues: 
(1) The manner in which contract requirements were devel-
oped. 
(2) The procedures under which contracts or task or 
delivery orders were awarded. 
(3) The terms and conditions of contracts or task or delivery 
orders. 
(4) The staffing and method of performance of contractors, 
including cost controls. 
(5) The efficacy of Department of Defense management 
and oversight, including the adequacy of staffing and training 
of officials responsible for such management and oversight. 
(6) The flow of information from contractors to officials 
responsible for contract management and oversight. 
(h) SCOPE OF AUDITS OF OTHER CONTRACTS.—Audits conducted 
pursuant to subsection (a)(2) shall examine, at a minimum, one 
or more of the following issues: 
(1) The manner in which contract requirements were devel-
oped and contracts or task and delivery orders were awarded. 
(2) The manner in which the Federal agency exercised 
control over the performance of contractors. 
(3) The extent to which operational field commanders were 
able to coordinate or direct the performance of contractors 
in an area of combat operations. 
(4) The degree to which contractor employees were properly 
screened, selected, trained, and equipped for the functions to 
be performed. 
(5) The nature and extent of any incidents of misconduct 
or unlawful activity by contractor employees. 
(6) The nature and extent of any activity by contractor 
employees that was inconsistent with the objectives of oper-
ational field commanders.
H. R. 1585—233 
(7) The extent to which any incidents of misconduct or 
unlawful activity were reported, documented, investigated, and 
(where appropriate) prosecuted. 
(i) INDEPENDENT CONDUCT
OF AUDIT FUNCTIONS.—All audit 
functions under this section, including audit planning and coordina-
tion, shall be performed by the relevant Inspectors General in 
an independent manner, without consultation with the Commission 
established pursuant to section 841 of this Act. All audit reports 
resulting from such audits shall be available to the Commission. 
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND 
DELIVERY ORDER CONTRACTS. 
(a) DEFENSE CONTRACTS.— 
(1) LIMITATION
ON
SINGLE
AWARD
CONTRACTS.—Section 
2304a(d) of title 10, United States Code, is amended— 
(A) by redesignating paragraph (3) as paragraph (4); 
and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3)(A) No task or delivery order contract in an amount esti-
mated to exceed $100,000,000 (including all options) may be 
awarded to a single source unless the head of the agency determines 
in writing that— 
‘‘(i) the task or delivery orders expected under the contract 
are so integrally related that only a single source can reason-
ably perform the work; 
‘‘(ii) the contract provides only for firm, fixed price task 
orders or delivery orders for— 
‘‘(I) products for which unit prices are established in 
the contract; or 
‘‘(II) services for which prices are established in the 
contract for the specific tasks to be performed; 
‘‘(iii) only one source is qualified and capable of performing 
the work at a reasonable price to the government; or 
‘‘(iv) because of exceptional circumstances, it is necessary 
in the public interest to award the contract to a single source. 
‘‘(B) The head of the agency shall notify Congress within 30 
days after any determination under subparagraph (A)(iv).’’. 
(2) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—Section 2304c of such title is amended— 
(A) by redesignating subsections (d), (e), and (f) as 
subsections (e), (f), and (g), respectively; 
(B) by inserting after subsection (c) the following new 
subsection (d): 
‘‘(d) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—In the case of a task or delivery order in excess of 
$5,000,000, the requirement to provide all contractors a fair oppor-
tunity to be considered under subsection (b) is not met unless 
all such contractors are provided, at a minimum— 
‘‘(1) a notice of the task or delivery order that includes 
a clear statement of the agency’s requirements; 
‘‘(2) a reasonable period of time to provide a proposal in 
response to the notice; 
‘‘(3) disclosure of the significant factors and subfactors, 
including cost or price, that the agency expects to consider 
in evaluating such proposals, and their relative importance;
H. R. 1585—234 
‘‘(4) in the case of an award that is to be made on a 
best value basis, a written statement documenting the basis 
for the award and the relative importance of quality and price 
or cost factors; and 
‘‘(5) an opportunity for a post-award debriefing consistent 
with the requirements of section 2305(b)(5) of this title.’’; and 
(C) by striking subsection (e), as redesignated by para-
graph (1), and inserting the following new subsection (e): 
‘‘(e) PROTESTS.—(1) A protest is not authorized in connection 
with the issuance or proposed issuance of a task or delivery order 
except for— 
‘‘(A) a protest on the ground that the order increases the 
scope, period, or maximum value of the contract under which 
the order is issued; or 
‘‘(B) a protest of an order valued in excess of $10,000,000. 
‘‘(2) Notwithstanding section 3556 of title 31, the Comptroller 
General of the United States shall have exclusive jurisdiction of 
a protest authorized under paragraph (1)(B). 
‘‘(3) This subsection shall be in effect for three years, beginning 
on the date that is 120 days after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2008.’’. 
(3) EFFECTIVE DATES.— 
(A) SINGLE
AWARD
CONTRACTS.—The amendments 
made by paragraph (1) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any contract awarded on 
or after such date. 
(B) ORDERS IN EXCESS OF $5,000,000.—The amendments 
made by paragraph (2) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any task or delivery order 
awarded on or after such date. 
(b) CIVILIAN AGENCY CONTRACTS.— 
(1) LIMITATION
ON
SINGLE
AWARD
CONTRACTS.—Section 
303H(d) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253h(d)) is amended— 
(A) by redesignating paragraph (3) as paragraph (4); 
and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3)(A) No task or delivery order contract in an amount esti-
mated to exceed $100,000,000 (including all options) may be 
awarded to a single source unless the head of the executive agency 
determines in writing that— 
‘‘(i) the task or delivery orders expected under the contract 
are so integrally related that only a single source can reason-
ably perform the work; 
‘‘(ii) the contract provides only for firm, fixed price task 
orders or delivery orders for— 
‘‘(I) products for which unit prices are established in 
the contract; or 
‘‘(II) services for which prices are established in the 
contract for the specific tasks to be performed; 
‘‘(iii) only one source is qualified and capable of performing 
the work at a reasonable price to the government; or 
‘‘(iv) because of exceptional circumstances, it is necessary 
in the public interest to award the contract to a single source.
H. R. 1585—235 
‘‘(B) The head of the executive agency shall notify Congress 
within 30 days after any determination under subparagraph 
(A)(iv).’’. 
(2) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—Section 303J of such Act (41 U.S.C. 253j) is 
amended— 
(A) by redesignating subsections (d), (e), and (f) as 
subsections (e), (f), and (g), respectively; 
(B) by inserting after subsection (c) the following new 
subsection (d): 
‘‘(d) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—In the case of a task or delivery order in excess of 
$5,000,000, the requirement to provide all contractors a fair oppor-
tunity to be considered under subsection (b) is not met unless 
all such contractors are provided, at a minimum— 
‘‘(1) a notice of the task or delivery order that includes 
a clear statement of the executive agency’s requirements; 
‘‘(2) a reasonable period of time to provide a proposal in 
response to the notice; 
‘‘(3) disclosure of the significant factors and subfactors, 
including cost or price, that the executive agency expects to 
consider in evaluating such proposals, and their relative impor-
tance; 
‘‘(4) in the case of an award that is to be made on a 
best value basis, a written statement documenting the basis 
for the award and the relative importance of quality and price 
or cost factors; and 
‘‘(5) an opportunity for a post-award debriefing consistent 
with the requirements of section 303B(e).’’; and 
(C) by striking subsection (e), as redesignated by para-
graph (1), and inserting the following new subsection (e): 
‘‘(e) PROTESTS.—(1) A protest is not authorized in connection 
with the issuance or proposed issuance of a task or delivery order 
except for— 
‘‘(A) a protest on the ground that the order increases the 
scope, period, or maximum value of the contract under which 
the order is issued; or 
‘‘(B) a protest of an order valued in excess of $10,000,000. 
‘‘(2) Notwithstanding section 3556 of title 31, United States 
Code, the Comptroller General of the United States shall have 
exclusive jurisdiction of a protest authorized under paragraph (1)(B). 
‘‘(3) This subsection shall be in effect for three years, beginning 
on the date that is 120 days after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2008.’’. 
(3) EFFECTIVE DATES.— 
(A) SINGLE
AWARD
CONTRACTS.—The amendments 
made by paragraph (1) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any contract awarded on 
or after such date. 
(B) ORDERS IN EXCESS OF $5,000,000.—The amendments 
made by paragraph (2) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any task or delivery order 
awarded on or after such date.
H. R. 1585—236 
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL 
DOCUMENTS FOR NONCOMPETITIVE CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN GENERAL.—Section 303 of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253) is amended 
by adding at the end the following new subsection: 
‘‘(j)(1)(A) Except as provided in subparagraph (B), in the case 
of a procurement permitted by subsection (c), the head of an execu-
tive agency shall make publicly available, within 14 days after 
the award of the contract, the documents containing the justification 
and approval required by subsection (f)(1) with respect to the 
procurement. 
‘‘(B) In the case of a procurement permitted by subsection 
(c)(2), subparagraph (A) shall be applied by substituting ‘30 days’ 
for ‘14 days’. 
‘‘(2) The documents shall be made available on the website 
of the agency and through a government-wide website selected 
by the Administrator for Federal Procurement Policy. 
‘‘(3) This subsection does not require the public availability 
of information that is exempt from public disclosure under section 
552(b) of title 5, United States Code.’’. 
(2) CONFORMING AMENDMENT.—Section 303(f) of such Act 
is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as paragraph (4). 
(b) DEFENSE AGENCY CONTRACTS.— 
(1) IN GENERAL.—Section 2304 of title 10, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(l)(1)(A) Except as provided in subparagraph (B), in the case 
of a procurement permitted by subsection (c), the head of an agency 
shall make publicly available, within 14 days after the award of 
the contract, the documents containing the justification and 
approval required by subsection (f)(1) with respect to the procure-
ment. 
‘‘(B) In the case of a procurement permitted by subsection 
(c)(2), subparagraph (A) shall be applied by substituting ‘30 days’ 
for ‘14 days’. 
‘‘(2) The documents shall be made available on the website 
of the agency and through a government-wide website selected 
by the Administrator for Federal Procurement Policy. 
‘‘(3) This subsection does not require the public availability 
of information that is exempt from public disclosure under section 
552(b) of title 5.’’. 
(2) CONFORMING AMENDMENT.—Section 2304(f) of such title 
is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5) and (6) as para-
graphs (4) and (5), respectively. 
SEC. 
845. 
DISCLOSURE 
OF 
GOVERNMENT 
CONTRACTOR 
AUDIT 
FINDINGS. 
(a) REQUIRED ANNEX ON SIGNIFICANT AUDIT FINDINGS.— 
(1) IN GENERAL.—Each Inspector General appointed under 
the Inspector General Act of 1978 shall submit, as part of 
the semiannual report submitted to Congress pursuant to sec-
tion 5 of such Act, an annex on final, completed contract audit
H. R. 1585—237 
reports issued to the contracting activity containing significant 
audit findings issued during the period covered by the semi-
annual report concerned. 
(2) ELEMENTS.—Such annex shall include— 
(A) a list of such contract audit reports; 
(B) for each audit report, a brief description of the 
nature of the significant audit findings in the report; and 
(C) for each audit report, the specific amounts of costs 
identified as unsupported, questioned, or disallowed. 
(3) INFORMATION EXEMPT FROM PUBLIC DISCLOSURE.—(A) 
Nothing in this subsection shall be construed to require the 
release of information to the public that is exempt from public 
disclosure under section 552(b) of title 5, United States Code. 
(B) For each element required by paragraph (2), the 
Inspector General concerned shall note each instance where 
information has been redacted in accordance with the require-
ments of section 552(b) of title 5, United States Code, and 
submit an unredacted annex to the committees listed in sub-
section (d)(2) within 7 days after the issuance of the semiannual 
report. 
(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.—For pur-
poses of subsection (a), audits of the Defense Contract Audit Agency 
shall be included in the annex provided by the Inspector General 
of the Department of Defense if they include significant audit 
findings. 
(c) EXCEPTION.—Subsection (a) shall not apply to an Inspector 
General if no audits described in such subsection were issued during 
the covered period. 
(d) SUBMISSION OF INDIVIDUAL AUDITS.— 
(1) REQUIREMENT.—The head of each Federal department 
or agency shall provide, within 14 days after a request in 
writing by the chairman or ranking member of any committee 
listed in paragraph (2), a full and unredacted copy of any 
audit described in subsection (a). Such copy shall include an 
identification of information in the audit exempt from public 
disclosure under section 552(b) of title 5, United States Code. 
(2) COMMITTEES.—The committees listed in this paragraph 
are the following: 
(A) The Committee on Oversight and Government 
Reform of the House of Representatives. 
(B) The Committee on Homeland Security and Govern-
mental Affairs of the Senate. 
(C) The Committees on Appropriations of the House 
of Representatives and the Senate. 
(D) With respect to the Department of Defense and 
the Department of Energy, the Committees on Armed Serv-
ices of the Senate and House of Representatives. 
(E) The Committees of primary jurisdiction over the 
agency or department to which the request is made. 
(e) CLASSIFIED INFORMATION.—Nothing in this section 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. 
(f) DEFINITIONS.—In this section:
H. R. 1585—238 
(1) SIGNIFICANT
AUDIT
FINDINGS.—The term ‘‘significant 
audit findings’’ includes— 
(A) unsupported, questioned, or disallowed costs in an 
amount in excess of $10,000,000; or 
(B) other findings that the Inspector General of the 
agency or department concerned determines to be signifi-
cant. 
(2) CONTRACT.—The term ‘‘contract’’ includes a contract, 
an order placed under a task or delivery order contract, or 
a subcontract. 
SEC. 
846. 
PROTECTION 
FOR 
CONTRACTOR 
EMPLOYEES 
FROM 
REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION. 
(a) INCREASED PROTECTION FROM REPRISAL.—Subsection (a) of 
section 2409 of title 10, United States Code, is amended— 
(1) by striking ‘‘disclosing to a Member of Congress’’ and 
inserting ‘‘disclosing to a Member of Congress, a representative 
of a committee of Congress, an Inspector General, the Govern-
ment Accountability Office, a Department of Defense employee 
responsible for contract oversight or management,’’; and 
(2) by striking ‘‘information relating to a substantial viola-
tion of law related to a contract (including the competition 
for or negotiation of a contract)’’ and inserting ‘‘information 
that the employee reasonably believes is evidence of gross mis-
management of a Department of Defense contract or grant, 
a gross waste of Department of Defense funds, a substantial 
and specific danger to public health or safety, or a violation 
of law related to a Department of Defense contract (including 
the competition for or negotiation of a contract) or grant’’. 
(b) CLARIFICATION OF INSPECTOR GENERAL DETERMINATION.— 
Subsection (b) of such section is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION
OF
COM-
PLAINTS.—’’; 
(2) by striking ‘‘an agency’’ and inserting ‘‘the Department 
of Defense, or the Inspector General of the National Aeronautics 
and Space Administration in the case of a complaint regarding 
the National Aeronautics and Space Administration’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2)(A) Except as provided under subparagraph (B), the 
Inspector General shall make a determination that a complaint 
is frivolous or submit a report under paragraph (1) within 180 
days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to complete an investiga-
tion in time to submit a report within the 180-day period specified 
in subparagraph (A) and the person submitting the complaint agrees 
to an extension of time, the Inspector General shall submit a 
report under paragraph (1) within such additional period of time 
as shall be agreed upon between the Inspector General and the 
person submitting the complaint.’’. 
(c) ACCELERATION OF SCHEDULE FOR DENYING RELIEF OR PRO-
VIDING REMEDY.—Subsection (c) of such section is amended— 
(1) in paragraph (1), by striking ‘‘If the head of the agency 
determines that a contractor has subjected a person to a 
reprisal prohibited by subsection (a), the head of the agency 
may’’ and inserting after ‘‘(1)’’ the following: ‘‘Not later than 
30 days after receiving an Inspector General report pursuant
H. R. 1585—239 
to subsection (b), the head of the agency concerned shall deter-
mine whether there is sufficient basis to conclude that the 
contractor concerned has subjected the complainant to a 
reprisal prohibited by subsection (a) and shall either issue 
an order denying relief or shall’’; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(4) and (5), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graphs: 
‘‘(2) If the head of an executive agency issues an order denying 
relief under paragraph (1) or has not issued an order within 210 
days after the submission of a complaint under subsection (b), 
or in the case of an extension of time under paragraph (b)(2)(B), 
not later than 30 days after the expiration of the extension of 
time, and there is no showing that such delay is due to the bad 
faith of the complainant, the complainant shall be deemed to have 
exhausted all administrative remedies with respect to the com-
plaint, and the complainant may bring a de novo action at law 
or equity against the contractor to seek compensatory damages 
and other relief available under this section in the appropriate 
district court of the United States, which shall have jurisdiction 
over such an action without regard to the amount in controversy. 
Such an action shall, at the request of either party to the action, 
be tried by the court with a jury. 
‘‘(3) An Inspector General determination and an agency head 
order denying relief under paragraph (2) shall be admissible in 
evidence in any de novo action at law or equity brought pursuant 
to this subsection.’’. 
(d) DEFINITIONS.—Subsection (e) of such section is amended— 
(1) in paragraph (4), by inserting ‘‘or a grant’’ after ‘‘a 
contract’’; and 
(2) by inserting before the period at the end the following: 
‘‘and any Inspector General that receives funding from, or has 
oversight over contracts awarded for or on behalf of, the Sec-
retary of Defense’’. 
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE 
OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CON-
TRACTORS. 
(a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN OPINION.— 
(1) REQUEST.—An official or former official of the Depart-
ment of Defense described in subsection (c) who, within two 
years after leaving service in the Department of Defense, 
expects to receive compensation from a Department of Defense 
contractor, shall, prior to accepting such compensation, request 
a written opinion regarding the applicability of post-employ-
ment restrictions to activities that the official or former official 
may undertake on behalf of a contractor. 
(2) SUBMISSION
OF
REQUEST.—A request for a written 
opinion under paragraph (1) shall be submitted in writing 
to an ethics official of the Department of Defense having respon-
sibility for the organization in which the official or former 
official serves or served and shall set forth all information 
relevant to the request, including information relating to 
government positions held and major duties in those positions, 
actions taken concerning future employment, positions sought, 
and future job descriptions, if applicable.
H. R. 1585—240 
(3) WRITTEN
OPINION.—Not later than 30 days after 
receiving a request by an official or former official of the Depart-
ment of Defense described in subsection (c), the appropriate 
ethics counselor shall provide such official or former official 
a written opinion regarding the applicability or inapplicability 
of post-employment restrictions to activities that the official 
or former official may undertake on behalf of a contractor. 
(4) CONTRACTOR REQUIREMENT.—A Department of Defense 
contractor may not knowingly provide compensation to a former 
Department of Defense official described in subsection (c) within 
two years after such former official leaves service in the Depart-
ment of Defense, without first determining that the former 
official has sought and received (or has not received after 30 
days of seeking) a written opinion from the appropriate ethics 
counselor regarding the applicability of post-employment 
restrictions to the activities that the former official is expected 
to undertake on behalf of the contractor. 
(5) ADMINISTRATIVE ACTIONS.—In the event that an official 
or former official of the Department of Defense described in 
subsection (c), or a Department of Defense contractor, know-
ingly fails to comply with the requirements of this subsection, 
the Secretary of Defense may take any of the administrative 
actions set forth in section 27(e) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423(e)) that the Secretary of Defense 
determines to be appropriate. 
(b) RECORDKEEPING REQUIREMENT.— 
(1) DATABASE.—Each request for a written opinion made 
pursuant to this section, and each written opinion provided 
pursuant to such a request, shall be retained by the Department 
of Defense in a central database or repository for not less 
than five years beginning on the date on which the written 
opinion was provided. 
(2) INSPECTOR GENERAL REVIEW.—The Inspector General 
of the Department of Defense shall conduct periodic reviews 
to ensure that written opinions are being provided and retained 
in accordance with the requirements of this section. The first 
such review shall be conducted no later than two years after 
the date of the enactment of this Act. 
(c) COVERED DEPARTMENT OF DEFENSE OFFICIALS.—An official 
or former official of the Department of Defense is covered by the 
requirements of this section if such official or former official— 
(1) participated personally and substantially in an acquisi-
tion as defined in section 4(16) of the Office of Federal Procure-
ment Policy Act with a value in excess of $10,000,000 and 
serves or served— 
(A) in an Executive Schedule position under subchapter 
II of chapter 53 of title 5, United States Code; 
(B) in a position in the Senior Executive Service under 
subchapter VIII of chapter 53 of title 5, United States 
Code; or 
(C) in a general or flag officer position compensated 
at a rate of pay for grade O–7 or above under section 
201 of title 37, United States Code; or 
(2) serves or served as a program manager, deputy program 
manager, procuring contracting officer, administrative con-
tracting officer, source selection authority, member of the source 
selection evaluation board, or chief of a financial or technical
H. R. 1585—241 
evaluation team for a contract in an amount in excess of 
$10,000,000. 
(d) DEFINITION.—In this section, the term ‘‘post-employment 
restrictions’’ includes— 
(1) section 27 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 423); 
(2) section 207 of title 18, United States Code; and 
(3) any other statute or regulation restricting the employ-
ment or activities of individuals who leave government service 
in the Department of Defense. 
SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR 
DEFENSE CONTRACTORS. 
(a) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the internal 
ethics programs of major defense contractors. 
(b) ELEMENTS.—The report required by subsection (a) shall 
address, at a minimum— 
(1) the extent to which major defense contractors have 
internal ethics programs in place; 
(2) the extent to which the ethics programs described in 
paragraph (1) include— 
(A) the availability of internal mechanisms, such as 
hotlines, for contractor employees to report conduct that 
may violate applicable requirements of law or regulation; 
(B) notification to contractor employees of the avail-
ability of external mechanisms, such as the hotline of the 
Inspector General of the Department of Defense, for the 
reporting of conduct that may violate applicable require-
ments of law or regulation; 
(C) notification to contractor employees of their right 
to be free from reprisal for disclosing a substantial violation 
of law related to a contract, in accordance with section 
2409 of title 10, United States Code; 
(D) ethics training programs for contractor officers and 
employees; 
(E) internal audit or review programs to identify and 
address conduct that may violate applicable requirements 
of law or regulation; 
(F) self-reporting requirements, under which contrac-
tors report conduct that may violate applicable require-
ments of law or regulation to appropriate government offi-
cials; 
(G) disciplinary action for contractor employees whose 
conduct is determined to have violated applicable require-
ments of law or regulation; and 
(H) appropriate management oversight to ensure the 
successful implementation of such ethics programs; 
(3) the extent to which the Department of Defense monitors 
or approves the ethics programs of major defense contractors; 
and 
(4) the advantages and disadvantages of legislation 
requiring that defense contractors develop internal ethics pro-
grams and requiring that specific elements be included in such 
ethics programs.
H. R. 1585—242 
(c) ACCESS TO INFORMATION.—In accordance with the contract 
clause required pursuant to section 2313(c) of title 10, United 
States Code, each major defense contractor shall provide the Comp-
troller General access to information requested by the Comptroller 
General that is within the scope of the report required by this 
section. 
(d) MAJOR DEFENSE CONTRACTOR DEFINED.—In this section, 
the term ‘‘major defense contractor’’ means any company that was 
awarded contracts by the Department of Defense during fiscal year 
2006 in amounts totaling more than $500,000,000. 
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL 
OUTSIDE THE ACQUISITION WORKFORCE AND EVALUA-
TIONS OF ARMY COMMISSION RECOMMENDATIONS. 
(a) TRAINING REQUIREMENT.—Section 2333 of title 10, United 
States Code is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) 
TRAINING
FOR
PERSONNEL
OUTSIDE
ACQUISITION 
WORKFORCE.—(1) The joint policy for requirements definition, 
contingency program management, and contingency contracting 
required by subsection (a) shall provide for training of military 
personnel outside the acquisition workforce (including operational 
field commanders and officers performing key staff functions for 
operational field commanders) who are expected to have acquisition 
responsibility, including oversight duties associated with contracts 
or contractors, during combat operations, post-conflict operations, 
and contingency operations. 
‘‘(2) Training under paragraph (1) shall be sufficient to ensure 
that the military personnel referred to in that paragraph under-
stand the scope and scale of contractor support they will experience 
in contingency operations and are prepared for their roles and 
responsibilities with regard to requirements definition, program 
management (including contractor oversight), and contingency con-
tracting. 
‘‘(3) The joint policy shall also provide for the incorporation 
of contractors and contract operations in mission readiness exercises 
for operations that will include contracting and contractor support.’’. 
(b) ORGANIZATIONAL REQUIREMENTS.— 
(1) EVALUATION BY THE SECRETARY OF DEFENSE.—The Sec-
retary of Defense, in consultation with the Chairman of the 
Joint Chiefs of Staff, shall evaluate the recommendations 
included in the report of the Commission on Army Acquisition 
and Program Management in Expeditionary Operations and 
shall determine the extent to which such recommendations 
are applicable to the other Armed Forces. Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of Defense shall submit a report to the congressional defense 
committees with the conclusions of this evaluation and a 
description of the Secretary’s plans for implementing the 
Commission’s recommendations for Armed Forces other than 
the Army. 
(2) EVALUATION BY THE SECRETARY OF THE ARMY.—The 
Secretary of the Army, in consultation with the Chief of Staff 
of the Army, shall evaluate the recommendations included in 
the report of the Commission on Army Acquisition and Program
H. R. 1585—243 
Management in Expeditionary Operations. Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of the Army shall submit to the congressional defense commit-
tees a report detailing the Secretary’s plans for implementation 
of the recommendations of the Commission. The report shall 
include the following: 
(A) For each recommendation that has been imple-
mented, or that the Secretary plans to implement— 
(i) a summary of all actions that have been taken 
to implement such recommendation; and 
(ii) a schedule, with specific milestones, for com-
pleting the implementation of such recommendation. 
(B) For each recommendation that the Secretary has 
not implemented and does not plan to implement— 
(i) the reasons for the decision not to implement 
such recommendation; and 
(ii) a summary of any alternative actions the Sec-
retary plans to take to address the purposes underlying 
such recommendation. 
(C) For each recommendation that would require legis-
lation to implement, the Secretary’s recommendations 
regarding such legislation. 
(c) COMPTROLLER GENERAL REPORT.—Section 854(c) of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2346) is amended by adding at 
the end the following new paragraph: 
‘‘(3) COMPTROLLER GENERAL REPORT.—Not later than 180 
days after the date on which the Secretary of Defense submits 
the final report required by paragraph (2), the Comptroller 
General of the United States shall— 
‘‘(A) review the joint policies developed by the Sec-
retary, including the implementation of such policies; and 
‘‘(B) submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report 
on the extent to which such policies, and the implementa-
tion of such policies, comply with the requirements of sec-
tion 2333 of title 10, United States Code (as so amended).’’. 
Subtitle E—Acquisition Workforce 
Provisions 
SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION 
WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN. 
(a) IN GENERAL.—In the update of the strategic human capital 
plan for 2008, and in each subsequent update, the Secretary of 
Defense shall include a separate section focused on the defense 
acquisition workforce, including both military and civilian per-
sonnel. 
(b) FUNDING.—The section shall contain— 
(1) an identification of the funding programmed for defense 
acquisition workforce improvements, including a specific identi-
fication of funding provided in the Department of Defense 
Acquisition Workforce Fund established under section 1705 
of title 10, United States Code (as added by section 852 of 
this Act);
H. R. 1585—244 
(2) an identification of the funding programmed for defense 
acquisition workforce training in the future-years defense pro-
gram, including a specific identification of funding provided 
by the acquisition workforce training fund established under 
section 37(h)(3) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 433(h)(3)); 
(3) a description of how the funding identified pursuant 
to paragraphs (1) and (2) will be implemented during the fiscal 
year concerned to address the areas of need identified in accord-
ance with subsection (c); 
(4) a statement of whether the funding identified under 
paragraphs (1) and (2) is being fully used; and 
(5) a description of any continuing shortfall in funding 
available for the defense acquisition workforce. 
(c) AREAS OF NEED.—The section also shall identify any areas 
of need in the defense acquisition workforce, including— 
(1) gaps in the skills and competencies of the current 
or projected defense acquisition workforce; 
(2) changes to the types of skills needed in the current 
or projected defense acquisition workforce; 
(3) incentives to retain in the defense acquisition workforce 
qualified, experienced defense acquisition workforce personnel; 
and 
(4) incentives for attracting new, high-quality personnel 
to the defense acquisition workforce. 
(d) STRATEGIC HUMAN CAPITAL PLAN DEFINED.—In this section, 
the term ‘‘strategic human capital plan’’ means the strategic human 
capital plan required under section 1122 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3452; 10 U.S.C. prec. 1580 note). 
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT
OF
FUND.—Chapter 87 of title 10, 
United States Code, is amended by inserting after section 1704 
the following new section: 
‘‘§ 1705. Department of Defense Acquisition Workforce 
Development Fund 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a fund to be known as the ‘Department of Defense Acquisition 
Workforce Fund’ (in this section referred to as the ‘Fund’) to provide 
funds, in addition to other funds that may be available, for the 
recruitment, training, and retention of acquisition personnel of the 
Department of Defense. 
‘‘(b) PURPOSE.—The purpose of the Fund is to ensure that 
the Department of Defense acquisition workforce has the capacity, 
in both personnel and skills, needed to properly perform its mission, 
provide appropriate oversight of contractor performance, and ensure 
that the Department receives the best value for the expenditure 
of public resources. 
‘‘(c) MANAGEMENT.—The Fund shall be managed by a senior 
official of the Department of Defense designated by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics for 
that purpose, from among persons with an extensive background 
in management relating to acquisition and personnel.
H. R. 1585—245 
‘‘(d) ELEMENTS.— 
‘‘(1) IN GENERAL.—The Fund shall consist of amounts as 
follows: 
‘‘(A) Amounts credited to the Fund under paragraph 
(2). 
‘‘(B) Any other amounts appropriated to, credited to, 
or deposited into the Fund by law. 
‘‘(2) CREDITS TO THE FUND.—(A) There shall be credited 
to the Fund an amount equal to the applicable percentage 
for a fiscal year of all amounts expended by the Department 
of Defense in such fiscal year for contract services, other than 
services relating to research and development and services 
relating to military construction. 
‘‘(B) Not later than 30 days after the end of the third 
fiscal year quarter of fiscal year 2008, and 30 days after the 
end of each fiscal year quarter thereafter, the head of each 
military department and Defense Agency shall remit to the 
Secretary of Defense an amount equal to the applicable percent-
age for such fiscal year of the amount expended by such military 
department or Defense Agency, as the case may be, during 
such fiscal year quarter for services covered by subparagraph 
(A). Any amount so remitted shall be credited to the Fund 
under subparagraph (A). 
‘‘(C) For purposes of this paragraph, the applicable percent-
age for a fiscal year is a percentage as follows: 
‘‘(i) For fiscal year 2008, 0.5 percent. 
‘‘(ii) For fiscal year 2009, 1 percent. 
‘‘(iii) For fiscal year 2010, 1.5 percent. 
‘‘(iv) For any fiscal year after fiscal year 2010, 2 per-
cent. 
‘‘(D) The Secretary of Defense may reduce a percentage 
established in subparagraph (C) for any fiscal year, if he deter-
mines that the application of such percentage would result 
in the crediting of an amount greater than is reasonably needed 
for the purpose of the Fund. In no event may the Secretary 
reduce a percentage for any fiscal year below a percentage 
that results in the deposit in a fiscal year of an amount equal 
to the following: 
‘‘(i) For fiscal year 2008, $300,000,000. 
‘‘(ii) For fiscal year 2009, $400,000,000. 
‘‘(iii) For fiscal year 2010, $500,000,000. 
‘‘(iv) For any fiscal year after fiscal year 2010, 
$600,000,000. 
‘‘(e) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to the provisions of this sub-
section, amounts in the Fund shall be available to the Secretary 
of Defense for expenditure, or for transfer to a military depart-
ment or Defense Agency, for the recruitment, training, and 
retention of acquisition personnel of the Department of Defense 
for the purpose of the Fund, including for the provision of 
training and retention incentives to the acquisition workforce 
of the Department. 
‘‘(2) PROHIBITION.—Amounts in the Fund may not be obli-
gated for any purpose other than purposes described in para-
graph (1) or otherwise in accordance with this subsection. 
‘‘(3) GUIDANCE.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics, acting through the
H. R. 1585—246 
senior official designated to manage the Fund, shall issue guid-
ance for the administration of the Fund. Such guidance shall 
include provisions— 
‘‘(A) identifying areas of need in the acquisition 
workforce for which amounts in the Fund may be used, 
including— 
‘‘(i) changes to the types of skills needed in the 
acquisition workforce; 
‘‘(ii) incentives to retain in the acquisition 
workforce qualified, experienced acquisition workforce 
personnel; and 
‘‘(iii) incentives for attracting new, high-quality 
personnel to the acquisition workforce; 
‘‘(B) describing the manner and timing for applications 
for amounts in the Fund to be submitted; 
‘‘(C) describing the evaluation criteria to be used for 
approving or prioritizing applications for amounts in the 
Fund in any fiscal year; and 
‘‘(D) describing measurable objectives of performance 
for determining whether amounts in the Fund are being 
used in compliance with this section. 
‘‘(4) LIMITATION ON PAYMENTS TO OR FOR CONTRACTORS.— 
Amounts in the Fund shall not be available for payments 
to contractors or contractor employees, other than for the pur-
pose of providing advanced training to Department of Defense 
employees. 
‘‘(5) PROHIBITION ON PAYMENT OF BASE SALARY OF CURRENT 
EMPLOYEES.—Amounts in the Fund may not be used to pay 
the base salary of any person who was an employee of the 
Department as of the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2008. 
‘‘(6) DURATION OF AVAILABILITY.—Amounts credited to the 
Fund under subsection (d)(2) shall remain available for expendi-
ture in the fiscal year for which credited and the two succeeding 
fiscal years. 
‘‘(f) ANNUAL REPORT.—Not later than 60 days after the end 
of each fiscal year beginning with fiscal year 2008, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the operation of the Fund during such fiscal year. 
Each report shall include, for the fiscal year covered by such report, 
the following: 
‘‘(1) A statement of the amounts remitted to the Secretary 
for crediting to the Fund for such fiscal year by each military 
department and Defense Agency, and a statement of the 
amounts credited to the Fund for such fiscal year. 
‘‘(2) A description of the expenditures made from the Fund 
(including expenditures following a transfer of amounts in the 
Fund to a military department or Defense Agency) in such 
fiscal year, including the purpose of such expenditures. 
‘‘(3) A description and assessment of improvements in the 
Department of Defense acquisition workforce resulting from 
such expenditures. 
‘‘(4) Recommendations for additional authorities to fulfill 
the purpose of the Fund. 
‘‘(5) A statement of the balance remaining in the Fund 
at the end of such fiscal year.
H. R. 1585—247 
‘‘(g) ACQUISITION WORKFORCE DEFINED.—In this section, the 
term ‘acquisition workforce’ means personnel in positions designated 
under section 1721 of this title as acquisition positions for purposes 
of this chapter.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of such chapter is amended by 
inserting after the item relating to section 1704 the following 
new item: 
‘‘1705. Department of Defense Acquisition Workforce Development Fund.’’. 
(b) EFFECTIVE DATE.—Section 1705 of title 10, United States 
Code, as added by subsection (a), shall take effect on the date 
of the enactment of this Act. 
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY 
POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSI-
TIONS. 
Section 1413(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1665) is amended 
by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 
2012’’. 
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING 
FUND. 
Section 37(h)(3) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 433(h)(3)) is amended by striking subparagraph 
(H). 
SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS. 
(a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION WORKFORCE 
PROGRAMS.—The Administrator for Federal Procurement Policy 
shall designate a member of the Senior Executive Service as the 
Associate Administrator for Acquisition Workforce Programs. The 
Associate Administrator for Acquisition Workforce Programs shall 
be located in the Federal Acquisition Institute (or its successor). 
The Associate Administrator shall be responsible for— 
(1) supervising the acquisition workforce training fund 
established under section 37(h)(3) of the Office of Federal 
Procurement Policy Act (41 U. S. C. 433(h)(3)); 
(2) developing, in coordination with Chief Acquisition Offi-
cers and Chief Human Capital Officers, a strategic human 
capital plan for the acquisition workforce of the Federal Govern-
ment; 
(3) reviewing and providing input to individual agency 
acquisition workforce succession plans; 
(4) recommending to the Administrator and other senior 
government officials appropriate programs, policies, and prac-
tices to increase the quantity and quality of the Federal acquisi-
tion workforce; and 
(5) carrying out such other functions as the Administrator 
may assign. 
(b) ACQUISITION AND CONTRACTING TRAINING PROGRAMS WITHIN 
EXECUTIVE AGENCIES.— 
(1) REQUIREMENT.—The head of each executive agency, 
after consultation with the Associate Administrator for Acquisi-
tion Workforce Programs, shall establish and operate acquisi-
tion and contracting training programs. Such programs shall—
H. R. 1585—248 
(A) have curricula covering a broad range of acquisition 
and contracting disciplines corresponding to the specific 
acquisition and contracting needs of the agency involved; 
(B) be developed and applied according to rigorous 
standards; and 
(C) be designed to maximize efficiency, through the 
use of self-paced courses, online courses, on-the-job 
training, and the use of remote instructors, wherever such 
features can be applied without reducing the effectiveness 
of the training or negatively affecting academic standards. 
(2) CHIEF ACQUISITION OFFICER AUTHORITIES AND RESPON-
SIBILITIES.—Subject to the authority, direction, and control of 
the head of an executive agency, the Chief Acquisition Officer 
for such agency shall carry out all powers, functions, and duties 
of the head of the agency with respect to implementation of 
this subsection. The Chief Acquisition Officer shall ensure that 
the policies established by the head of the agency in accordance 
with this subsection are implemented throughout the agency. 
(c) 
GOVERNMENT-WIDE
POLICIES
AND
EVALUATION.—The 
Administrator for Federal Procurement Policy shall issue policies 
to promote the development of performance standards for training 
and uniform implementation of this section by executive agencies, 
with due regard for differences in program requirements among 
agencies that may be appropriate and warranted in view of the 
agency mission. The Administrator shall evaluate the implementa-
tion of the provisions of subsection (b) by executive agencies. 
(d) ACQUISITION AND CONTRACTING TRAINING REPORTING.—The 
Administrator for Federal Procurement Policy shall ensure that 
the heads of executive agencies collect and maintain standardized 
information on the acquisition and contracting workforce related 
to the implementation of subsection (b). 
(e) ACQUISITION
WORKFORCE
HUMAN
CAPITAL
SUCCESSION 
PLAN.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, each Chief Acquisition Officer 
for an executive agency shall develop, in consultation with 
the Chief Human Capital Officer for the agency and the Asso-
ciate Administrator for Acquisition Workforce Programs, a 
succession plan consistent with the agency’s strategic human 
capital plan for the recruitment, development, and retention 
of the agency’s acquisition workforce, with a particular focus 
on warranted contracting officers and program managers of 
the agency. 
(2) CONTENT OF PLAN.—The acquisition workforce succes-
sion plan shall address— 
(A) recruitment goals for personnel from procurement 
intern programs; 
(B) the agency’s acquisition workforce training needs; 
(C) actions to retain high performing acquisition profes-
sionals who possess critical relevant skills; 
(D) recruitment goals for personnel from the Federal 
Career Intern Program; and 
(E) recruitment goals for personnel from the Presi-
dential Management Fellows Program. 
(f) 
TRAINING
IN
THE
ACQUISITION
OF
ARCHITECT
AND 
ENGINEERING SERVICES.—The Administrator for Federal Procure-
ment Policy shall ensure that a sufficient number of Federal
H. R. 1585—249 
employees are trained in the acquisition of architect and engineering 
services. 
(g) UTILIZATION OF RECRUITMENT AND RETENTION AUTHORI-
TIES.—The Administrator for Federal Procurement Policy, in 
coordination with the Director of the Office of Personnel Manage-
ment, shall encourage executive agencies to utilize existing authori-
ties, including direct hire authority and tuition assistance programs, 
to recruit and retain acquisition personnel and consider recruiting 
acquisition personnel who may be retiring from the private sector, 
consistent with existing laws and regulations. 
(h) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 
the meaning provided in section 4(1) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(1)). 
(2) CHIEF ACQUISITION OFFICER.—The term ‘‘Chief Acquisi-
tion Officer’’ means a Chief Acquisition Officer for an executive 
agency appointed pursuant to section 16 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 414). 
Subtitle F—Contracts in Iraq and 
Afghanistan 
SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING 
TO CONTRACTING. 
(a) MEMORANDUM
OF UNDERSTANDING REQUIRED.—The Sec-
retary 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 under-
standing 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 fol-
lowing: 
(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 competi-
tively; and 
(B) with respect to contractor personnel—
H. R. 1585—250 
(i) the total number of personnel employed on con-
tracts in Iraq or Afghanistan; 
(ii) the total number of personnel performing secu-
rity 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 Jus-
tice), 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 imple-
ment 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 Inter-
national Development shall each provide a report to the rel-
evant 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.
H. R. 1585—251 
SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNC-
TIONS IN AREAS OF COMBAT OPERATIONS. 
(a) REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECU-
RITY FUNCTIONS.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
coordination with the Secretary of State, shall prescribe regula-
tions on the selection, training, equipping, and conduct of per-
sonnel performing private security functions under a covered 
contract in an area of combat operations. 
(2) ELEMENTS.—The regulations prescribed under sub-
section (a) shall, at a minimum, establish— 
(A) a process for registering, processing, accounting 
for, and keeping appropriate records of personnel per-
forming private security functions in an area of combat 
operations; 
(B) a process for authorizing and accounting for 
weapons to be carried by, or available to be used by, per-
sonnel performing private security functions in an area 
of combat operations; 
(C) a process for the registration and identification 
of armored vehicles, helicopters, and other military vehicles 
operated by contractors performing private security func-
tions in an area of combat operations; 
(D) a process under which contractors are required 
to report all incidents, and persons other than contractors 
are permitted to report incidents, in which— 
(i) a weapon is discharged by personnel performing 
private security functions in an area of combat oper-
ations; 
(ii) personnel performing private security functions 
in an area of combat operations are killed or injured; 
or 
(iii) persons are killed or injured, or property is 
destroyed, as a result of conduct by contractor per-
sonnel; 
(E) a process for the independent review and, if prac-
ticable, investigation of— 
(i) incidents reported pursuant to subparagraph 
(D); and 
(ii) incidents of alleged misconduct by personnel 
performing private security functions in an area of 
combat operations; 
(F) requirements for qualification, training, screening 
(including, if practicable, through background checks), and 
security for personnel performing private security functions 
in an area of combat operations; 
(G) guidance to the commanders of the combatant com-
mands on the issuance of— 
(i) orders, directives, and instructions to contrac-
tors performing private security functions relating to 
equipment, force protection, security, health, safety, 
or relations and interaction with locals; 
(ii) predeployment training requirements for per-
sonnel performing private security functions in an area 
of combat operations, addressing the requirements of
H. R. 1585—252 
this section, resources and assistance available to con-
tractor personnel, country information and cultural 
training, and guidance on working with host country 
nationals and military; and 
(iii) rules on the use of force for personnel per-
forming private security functions in an area of combat 
operations; 
(H) a process by which a commander of a combatant 
command may request an action described in subsection 
(b)(3); and 
(I) a process by which the training requirements 
referred to in subparagraph (G)(ii) shall be implemented. 
(3) AVAILABILITY
OF
ORDERS, DIRECTIVES, AND
INSTRUC-
TIONS.—The regulations prescribed under subsection (a) shall 
include mechanisms to ensure the provision and availability 
of the orders, directives, and instructions referred to in para-
graph (2)(G)(i) to contractors referred to in that paragraph, 
including through the maintenance of a single location 
(including an Internet website, to the extent consistent with 
security considerations) at or through which such contractors 
may access such orders, directives, and instructions. 
(b) CONTRACT CLAUSE ON CONTRACTORS PERFORMING PRIVATE 
SECURITY FUNCTIONS.— 
(1) REQUIREMENT UNDER FAR.—Not later than 180 days 
after the date of the enactment of this Act, the Federal Acquisi-
tion Regulation issued in accordance with section 25 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall 
be revised to require the insertion into each covered contract 
(or, in the case of a task order, the contract under which 
the task order is issued) of a contract clause addressing the 
selection, training, equipping, and conduct of personnel per-
forming private security functions under such contract. 
(2) CLAUSE REQUIREMENT.—The contract clause required 
by paragraph (1) shall require, at a minimum, that the con-
tractor concerned shall— 
(A) comply with regulations prescribed under sub-
section (a), including any revisions or updates to such 
regulations, and follow the procedures established in such 
regulations for— 
(i) registering, processing, accounting for, and 
keeping appropriate records of personnel performing 
private security functions in an area of combat oper-
ations; 
(ii) authorizing and accounting of weapons to be 
carried by, or available to be used by, personnel per-
forming private security functions in an area of combat 
operations; 
(iii) registration and identification of armored 
vehicles, helicopters, and other military vehicles oper-
ated by contractors and subcontractors performing pri-
vate security functions in an area of combat operations; 
and 
(iv) the reporting of incidents in which— 
(I) a weapon is discharged by personnel per-
forming private security functions in an area of 
combat operations;