12 2 STA T . 2 53PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 Subti t leF—Con t rac t s in I ra q an dAfgh anistan SEC.861 . M EM ORANDU MO F UNDERS T AND I N G ON MATTERS RE L ATING TO CONTRACTING. (a)MEMORANDU MO FU NDER ST AND I N GR E Q UIRED .—TheS e c-r e t ar yofD efe ns e , the Secretary of State, an d the A d mi nistrator of the United States A g ency for I nternationa l De v elo p ment shall, not later than Ju ly 1 , 20 0 8 , enter into a memorandum of under- standing regarding matters relating to contracting for contracts in Ira q or Afghanistan. ( b ) MATTERS C O V ERED.—The memorandum of understanding required by subsection (a) shall address, at a minimum, the fol- lo w ing
(1) Identification of the ma j or 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 e x tent 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— (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 wor k ing 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 G overnment agency of any information relating to offenses under chapter 4 7 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 E xtraterritorial 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 W arner N ational Deadlin e s.10USC23 02 n ot e.
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