Title 10Armed ForcesRelease 119-84

§864 DEFINITIONS AND OTHER GENERAL PROVISIONS.

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart G— - Other Special Categories Of Contracting › § 864

Last updated Apr 22, 2026|Official source

Summary

Defines key words used for U.S. contracts and contractor work in Iraq and Afghanistan. "Matters relating to contracting" covers all steps of giving out, funding, running, tracking, checking, and supervising contracts and contract workers. "Contract in Iraq or Afghanistan" is any DOD, State, or USAID contract, subcontract, task or delivery order, grant, or cooperative agreement that involves work in Iraq or Afghanistan for more than 30 days. "Covered contract" means federal service contracts, subcontracts, task/delivery orders, grants, or cooperative agreements for work in areas the Secretary of Defense calls combat operations under subsection (c) of section 862. "Contractor" is the firm or person doing the work, or the grantee/recipient for grants or cooperative agreements. "Contractor personnel" means anyone doing that contract work, including subcontractors at any tier. "Private security functions" are guarding people, places, or property, or any job that requires carrying weapons. "Relevant committees of Congress" lists the named Senate and House committees, including Armed Services, Homeland Security and Governmental Affairs / Oversight and Government Reform (now Oversight and Accountability), Foreign Relations / Foreign Affairs, and the intelligence committees for National Foreign Intelligence Program contracts. It also makes clear that handling classified or intelligence-related information must follow existing laws, regulations, executive orders, and the rules of the House and Senate.

Full Legal Text

Title 10, §864

Armed Forces — Source: USLM XML via OLRC

“(a)In this subtitle:
“(1)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)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, a task order or delivery order at any tier issued under such a contract, a grant, or a cooperative agreement (including a contract, subcontract, task order, delivery order, grant, or cooperative agreement 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, task order, delivery order, grant, or cooperative agreement involves worked [sic] performed in Iraq or Afghanistan for a period longer than 30 days.
“(3)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;
“(C)a task order or delivery order issued under such a contract or subcontract;
“(D)a grant for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c) of section 862; or
“(E)a cooperative agreement for the performance of services in such an area of combat operations.
“(4)The term ‘contractor’, with respect to a covered contract, means—
“(A)in the case of a covered contract that is a contract, subcontract, task order, or delivery order, the contractor or subcontractor carrying out the covered contract;
“(B)in the case of a covered contract that is a grant, the grantee; and
“(C)in the case of a covered contract that is a cooperative agreement, the recipient.
“(5)The term ‘contractor personnel’ means any person performing work under contract for the Department of Defense, the Department of State, or the United States Agency for International Development, in Iraq or Afghanistan, including individuals and subcontractors at any tier.
“(6)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.
“(7)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 [now Committee on Oversight and Accountability] 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)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.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 864

Title 10Armed Forces

Last Updated

Apr 22, 2026

Release point: 119-84