Title 10Armed ForcesRelease 119-90

§864 Definitions and Other General Provisions.

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

Last updated May 14, 2026|Official source

Summary

Defines key words used for U.S. contracts and people working under those contracts in Iraq and Afghanistan. "Matters relating to contracting" means the steps for award, payment, management, tracking, monitoring, and oversight of contracts and contractor staff. "Contract in Iraq or Afghanistan" means a contract, subcontract, task or delivery order, grant, or cooperative agreement tied to the Department of Defense, the Department of State, or USAID (or issued by another agency for them) when the work is done in Iraq or Afghanistan for more than 30 days. "Covered contract" means a federal contract, subcontract, order, grant, or cooperative agreement for services in a combat area named by the Secretary of Defense. "Contractor" means the contractor, subcontractor, grantee, or recipient who does the work. "Contractor personnel" means anyone working under those contracts, including subcontractors at any tier. "Private security functions" means guarding people, facilities, or property, and any other work that requires carrying weapons. "Relevant committees of Congress" are the Senate and House Armed Services Committees; the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Government Reform (now Committee on Oversight and Accountability); the Senate Foreign Relations Committee and the House Foreign Affairs Committee; and, for National Foreign Intelligence Program contracts, the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence. Says nothing here forces handling classified information or intelligence sources and methods in ways that would break any law, regulation, executive order, or House or Senate rule about protecting such information.

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

May 14, 2026

Release point: 119-90