II 

112TH CONGRESS 

2D SESSION S. 2139 

To enhance security, increase accountability, and improve the contracting 

of the Federal Government for overseas contingency operations, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 29, 2012 

Mrs. MCCASKILL (for herself and Mr. WEBB) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To enhance security, increase accountability, and improve 

the contracting of the Federal Government for overseas 

contingency operations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Comprehensive Contin5 gency Contracting Reform Act of 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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Sec. 3. Definitions. 

TITLE I—ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR CONTRACTING FOR OVERSEAS CONTINGENCY 

OPERATIONS 

Subtitle A—Government-Wide Matters 

Sec. 101. Responsibilities of the President regarding financing of overseas contingency operations. 

Sec. 102. Responsibilities of the Director of the Office of Management and 

Budget regarding overseas contingency operations. 

Sec. 103. Responsibilities of inspectors general for overseas contingency operations. 

Sec. 104. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies. 

Subtitle B—Multi-Agency Matters 

Sec. 111. Inclusion of contracts for support of overseas contingency operations 

in management structure of Department of Defense, Department of State, and United States Agency for International Development for procurement of contract services. 

Sec. 112. Requirements and limitations for suspension and debarment officials 

of the Department of Defense, Department of State, and 

United States Agency for International Development. 

Sec. 113. Additional bases for suspension of contractors from contracting with 

the Federal Government. 

Subtitle C—Department of Defense Matters 

Sec. 121. Responsibility within Department of Defense for contract support for 

overseas contingency operations. 

Sec. 122. Inclusion of contract support in certain Department of Defense planning requirements. 

Sec. 123. Inclusion of matters relating to contingency operations in joint professional military education. 

Subtitle D—Department of State and Related Agencies Matters 

Sec. 131. Reorganization of acquisition functions of Department of State and 

United States Agency for International Development. 

Sec. 132. Inclusion of contract support in certain Department of State planning 

activities. 

Sec. 133. Professional education for Department of State personnel on acquisition for Department of State support and participation in Department of Defense overseas contingency operations. 

TITLE II—TRANSPARENCY, SUSTAINABILITY, AND ACCOUNTABILITY IN CONTRACTS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Limitations in Contracting 

Sec. 201. Limitations applicable to certain contracts in connection with overseas contingency operations. 


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Sec. 202. Performance of certain security functions in overseas areas of overseas contingency operations. 

Sec. 203. Justification and approval for sole-source contracts of unusual and 

compelling urgency exception to contract award through competitive procedures. 

Subtitle B—Enhancements of Contracting Process 

Sec. 211. Uniform contract writing system requirements for Federal agencies. 

Sec. 212. Database on prices of items and services under Federal contracts. 

Subtitle C—Contractor Accountability 

Sec. 221. Contractor consent to jurisdiction for certain civil actions under certain contracts for work overseas. 

Sec. 222. Combating trafficking in persons. 

Sec. 223. Information on corporate contractor performance and integrity 

through the Federal Awardee Performance and Integrity Information System. 

Sec. 224. Contractor performance evaluations and the Past Performance Information Retrieval System. 

Subtitle D—Other Matters 

Sec. 231. Sustainability requirements for certain capital projects funded by the 

Department of Defense for overseas contingency operations. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Armed Services, the 

7 Committee on Foreign Relations, the Com8 mittee on Homeland Security and Govern9 mental Affairs, and the Committee on Appro10 priations of the Senate; and 

11 (B) the Committee on Armed Services, the 

12 Committee on Foreign Affairs, the Committee 

13 on Oversight and Government Reform, and the 


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1 Committee on Appropriations of the House of 

2 Representatives. 

3 (2) FEDERAL ACQUISITION REGULATORY COUN4 CIL.—The term ‘‘Federal Acquisition Regulatory 

5 Council’’ means the Federal Acquisition Regulatory 

6 Council under section 1302(a) of title 41, United 

7 States Code. 

8 (3) OVERSEAS CONTINGENCY OPERATION.—The 

9 term ‘‘overseas contingency operation’’ means a mili10 tary operation outside the United States and its ter11 ritories and possessions that is— 

12 (A) a contingency operation, as that term 

13 is defined in subparagraph (A) of section 

14 101(a)(13) of title 10, United States Code; or 

15 (B) a contingency operation, as that term 

16 is defined in subparagraph (B) of section 

17 101(a)(13) of title 10, United States Code, but 

18 only if such operation involves actual or poten19 tial hostilities against an enemy of the United 

20 States or against an opposing military force. 


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1 TITLE I—ORGANIZATION AND 

2 MANAGEMENT OF FEDERAL 

3 GOVERNMENT FOR CON4 TRACTING FOR OVERSEAS 

5 CONTINGENCY OPERATIONS 

6 Subtitle A—Government-Wide 

7 Matters 

8 SEC. 101. RESPONSIBILITIES OF THE PRESIDENT REGARD9 ING FINANCING OF OVERSEAS CONTINGENCY 

10 OPERATIONS. 

11 The President shall ensure that any request to Con12 gress for funds for or relating to an overseas contingency 

13 operation includes the following: 

14 (1) A specific statement of the requested funds, 

15 broken out by— 

16 (A) amounts requested for each appropria17 tions account covered by the request; and 

18 (B) amounts intended to be allocated to 

19 each program, project, and activity to be funded 

20 through the request. 

21 (2) A specific proposal for means of financing 

22 the amount requested, including an increase in spec23 ified revenues, a decrease in specified programs, 

24 projects, or activities, borrowing by the Federal Gov25 ernment, or other appropriate means. 


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1 SEC. 102. RESPONSIBILITIES OF THE DIRECTOR OF THE OF2 FICE OF MANAGEMENT AND BUDGET RE3 GARDING OVERSEAS CONTINGENCY OPER4 ATIONS. 

5 (a) RESPONSIBILITIES REGARDING COSTS AND FI6 NANCING.— 

7 (1) IN GENERAL.—The Director of the Office of 

8 Management and Budget shall be the principal offi9 cial of the Federal Government with responsibility 

10 for advising the President on financial matters in 

11 connection with overseas contingency operations, in12 cluding the costs and proposed means of financing 

13 of all programs, projects, and activities of the Fed14 eral Government in connection with such operations. 

15 (2) PARTICULAR RESPONSIBILITIES.—The re16 sponsibility of the Director under this subsection 

17 shall include the responsibilities as follows: 

18 (A) To advise and report to the President 

19 on estimates of costs in connection with over20 seas contingency operations, including direct 

21 and indirect costs, current and future costs, 

22 and anticipated contracting costs. 

23 (B) To identify and report to the President 

24 on means of financing the costs of the Federal 

25 Government in connection with overseas contin26 gency operations, including an increase in speciVerDate Mar 15 2010 23:58 Feb 29, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2139.IS S2139

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1 fied revenues, a decrease in specified programs, 

2 projects, or activities, borrowing by the Federal 

3 Government, or other appropriate means. 

4 (3) CONSULTATION.—The Director shall carry 

5 out the responsibility of the Director under this sub6 section in consultation with the Secretary of the 

7 Treasury, the Secretary of Defense, the Secretary of 

8 State, and other appropriate officials of the Federal 

9 Government. 

10 (b) ANNUAL REPORTS TO CONGRESS.—Not later 

11 than 45 days after the end of each fiscal year in which 

12 Federal funds are obligated for or in connection with an 

13 overseas contingency operation, the Director of the Office 

14 of Management and Budget shall submit to Congress a 

15 report on the obligation and expenditure of Federal funds 

16 for or in relation to the operation during such fiscal year 

17 and in the aggregate since the commencement or designa18 tion of the operation as a contingency operation. 

19 SEC. 103. RESPONSIBILITIES OF INSPECTORS GENERAL 

20 FOR OVERSEAS CONTINGENCY OPERATIONS. 

21 (a) IN GENERAL.—The Inspector General Act of 

22 1978 (5 U.S.C. App.) is amended— 

23 (1) by redesignating section 8L as section 8M; 

24 and 


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1 (2) by inserting after section 8K the following 

2 new section 8L: 

3 ‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS 

4 CONTINGENCY OPERATIONS. 

5 ‘‘(a) IN GENERAL.—Upon the commencement or des6 ignation of a military operation as an overseas contingency 

7 operation that exceeds 30 days, the Chair of the Council 

8 of Inspectors General on Integrity and Efficiency (CIGIE) 

9 shall, in consultation with the members of the Council, 

10 have the additional responsibilities specified in subsection 

11 (c) with respect to the Inspectors General specified in sub12 section (b). 

13 ‘‘(b) INSPECTORS GENERAL.—The Inspectors Gen14 eral specified in this subsection are the Inspectors General 

15 as follows: 

16 ‘‘(1) The Inspector General of the Department 

17 of Defense. 

18 ‘‘(2) The Inspector General of the Department 

19 of State. 

20 ‘‘(3) The Inspector General of the United 

21 States Agency for International Development. 

22 ‘‘(c) SPECIFIC RESPONSIBILITIES.—The responsibil23 ities specified in this subsection are the following: 

24 ‘‘(1) In consultation with the Inspectors Gen25 eral specified in subsection (b), to designate a lead 


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1 Inspector General in accordance with subsection (d) 

2 to discharge the authorities of lead Inspector Gen3 eral for the contingency operation concerned as set 

4 forth in that subsection. 

5 ‘‘(2) To resolve conflicts of jurisdiction among 

6 the Inspectors General specified in subsection (b) on 

7 investigations, inspections, and audits with respect 

8 to such contingency operation in accordance with 

9 subsection (d)(3)(B). 

10 ‘‘(3) To assist in identifying for the Lead In11 spector General for Overseas Contingency Oper12 ations, Inspectors General and inspector general of13 fice personnel available to assist the lead Inspector 

14 General and the other Inspectors General specified 

15 in subsection (b) on matters relating to such contin16 gency operation. 

17 ‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS

18 CONTINGENCY OPERATION.—(1) A lead Inspector Gen19 eral for an overseas contingency operation shall be des20 ignated by the Chair of the Council of Inspectors General 

21 on Integrity and Efficiency under subsection (c)(1) not 

22 later than 15 days after the commencement or designation 

23 of the military operation concerned as an overseas contin24 gency operation that exceeds 30 days. 


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1 ‘‘(2) The lead Inspector General for a contingency op2 eration shall be designated from among the Inspectors 

3 General specified in subsection (b). 

4 ‘‘(3) The lead Inspector General for a contingency op5 eration shall have the following responsibilities: 

6 ‘‘(A) To appoint, from among the offices of the 

7 other Inspectors General specified in subsection (b), 

8 an Inspector General to act as associate Inspector 

9 General for the contingency operation who shall act 

10 in a coordinating role to assist the lead Inspector 

11 General in the discharge of responsibilities under 

12 this subsection. 

13 ‘‘(B)(i) If none of the Inspectors General speci14 fied in subsection (b) has principal jurisdiction over 

15 a matter with respect to the contingency operation, 

16 to exercise responsibility for discharging oversight 

17 responsibilities in accordance with this Act with re18 spect to such matter. 

19 ‘‘(ii) If more than one of the Inspectors General 

20 specified in subsection (b) has jurisdiction over a 

21 matter with respect to the contingency operation, to 

22 determine principal jurisdiction for discharging over23 sight responsibilities in accordance with this Act 

24 with respect to such matter. 


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1 ‘‘(C) To employ, or authorize the employment 

2 by the other Inspectors General specified in sub3 section (b), on a temporary basis using the authori4 ties in section 3161 of title 5, United States Code, 

5 such auditors, investigators, and other personnel as 

6 the lead Inspector General considers appropriate to 

7 assist the lead Inspector General and such other In8 spectors General on matters relating to the contin9 gency operation. 

10 ‘‘(D) To submit to Congress on a bi-annual 

11 basis, and to make available on an Internet website 

12 available to the public, a report on the activities of 

13 the lead Inspector General and the Inspectors Gen14 eral specified in subsection (b) with respect to the 

15 contingency operation, including— 

16 ‘‘(i) the status and results of investiga17 tions, inspections, and audits and of referrals to 

18 the Department of Justice; and 

19 ‘‘(ii) overall plans for the review of the 

20 contingency operation by inspectors general, in21 cluding plans for investigations, inspections, 

22 and audits. 

23 ‘‘(E) To submit to Congress on a quarterly 

24 basis, and to make available on an Internet website 

25 available to the public, a report on the contingency 


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1 operation setting forth the information specified in 

2 paragraph (4). 

3 ‘‘(F) To carry out such other responsibilities re4 lating to the coordination and efficient and effective 

5 discharge by the Inspectors General specified in sub6 section (b) of duties relating to the contingency op7 eration as the lead Inspector General shall specify. 

8 ‘‘(4) The information specified in this paragraph with 

9 respect to a contingency operation is as follows: 

10 ‘‘(A) Obligations and expenditures of appro11 priated funds. 

12 ‘‘(B) A project-by-project and program-by-pro13 gram accounting of the costs incurred to date for 

14 the contingency operation, together with the esti15 mate of the Department of Defense, the Department 

16 of State, and the United States Agency for Inter17 national Development, as applicable, of the costs to 

18 complete each project and each program. 

19 ‘‘(C) Revenues attributable to or consisting of 

20 funds provided by foreign nations or international 

21 organizations to programs and projects for the con22 tingency operation that are funded by any depart23 ment or agency of the United States Government, 

24 and any obligations or expenditures of such reve25 nues. 


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1 ‘‘(D) Revenues attributable to or consisting of 

2 foreign assets seized or frozen that contribute to 

3 programs and projects for the contingency operation 

4 that are funded by any department or agency of the 

5 United States Government, and any obligations or 

6 expenditures of such revenues. 

7 ‘‘(E) Operating expenses of agencies or entities 

8 receiving amounts appropriated or otherwise made 

9 available for the contingency operation. 

10 ‘‘(F) In the case of any contract, grant, agree11 ment, or other funding mechanism with respect to 

12 the contingency operation— 

13 ‘‘(i) the amount of the contract, grant, 

14 agreement, or other funding mechanism; 

15 ‘‘(ii) a brief discussion of the scope of the 

16 contract, grant, agreement, or other funding 

17 mechanism; 

18 ‘‘(iii) a discussion of how the department 

19 or agency of the United States Government in20 volved in the contract, grant, agreement, or 

21 other funding mechanism identified, and solic22 ited offers from, potential individuals or entities 

23 to perform the contract, grant, agreement, or 

24 other funding mechanism, together with a list 


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1 of the potential individuals or entities that were 

2 issued solicitations for the offers; and 

3 ‘‘(iv) the justification and approval docu4 ments on which was based the determination to 

5 use procedures other than procedures that pro6 vide for full and open competition. 

7 ‘‘(5)(A) The lead Inspector General for a contingency 

8 operation may employ, or authorize the employment by the 

9 other Inspectors General specified in subsection (b) of, an10 nuitants covered by section 9902(g) of title 5, United 

11 States Code, for purposes of assisting the lead Inspector 

12 General in discharging responsibilities under this sub13 section with respect to the contingency operation. 

14 ‘‘(B) The employment of annuitants under this para15 graph shall be subject to the provisions of section 9902(g) 

16 of title 5, United States Code, as if the lead Inspector 

17 General concerned was the Department of Defense. 

18 ‘‘(C) The period of employment of an annuitant 

19 under this paragraph may not exceed three years, except 

20 that the period may be extended for up to an additional 

21 two years in accordance with the regulations prescribed 

22 pursuant to section 3161(b)(2) of title 5, United States 

23 Code. 

24 ‘‘(6) The lead Inspector General for a contingency op25 eration shall discharge the responsibilities for the continVerDate Mar 15 2010 23:58 Feb 29, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2139.IS S2139

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1 gency operation under this subsection in a manner con2 sistent with the authorities and requirements of this Act 

3 generally and the authorities and requirements applicable 

4 to the Inspectors General specified in subsection (b) under 

5 this Act. 

6 ‘‘(e) SUNSET FOR PARTICULAR CONTINGENCY OPER7 ATIONS.—The requirements and authorities of this section 

8 with respect to a contingency operation shall cease at the 

9 end of the first fiscal year after the commencement or des10 ignation of the contingency operation in which the total 

11 amount appropriated for the contingency operation is less 

12 than $20,000,000. 

13 ‘‘(f) CONSTRUCTION OF AUTHORITY.—Nothing in 

14 this Act shall be construed to limit the ability of the In15 spectors General specified in subsection (b) to enter into 

16 agreements to conduct joint audits, inspections, or inves17 tigations in the exercise of their oversight responsibilities 

18 in accordance with this Act with respect to overseas con19 tingency operations. 

20 ‘‘(g) OVERSEAS CONTINGENCY OPERATION DE21 FINED.—In this section, the term ‘overseas contingency 

22 operation’ means a military operation outside the United 

23 States and its territories and possessions that is— 


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1 ‘‘(1) a contingency operation, as that term is 

2 defined in subparagraph (A) of section 101(a)(13) of 

3 title 10, United States Code; or 

4 ‘‘(2) a contingency operation, as that term is 

5 defined in subparagraph (B) of section 101(a)(13) 

6 of title 10, United States Code, but only if such op7 eration involves actual or potential hostilities against 

8 an enemy of the United States or against an oppos9 ing military force.’’. 

10 (b) CONFORMING AMENDMENT RELATING TO TEM11 PORARY EMPLOYMENT AUTHORITY.—Section 3161 of 

12 title 5, United States Code, is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(j) LEAD INSPECTORS GENERAL FOR OVERSEAS

15 CONTINGENCY OPERATIONS AS TEMPORARY ORGANIZA16 TION.—In addition to the meaning given that term in sub17 section (a), the term ‘temporary organization’ for purposes 

18 of this subchapter shall also include the lead Inspector 

19 General for an overseas contingency operation under sec20 tion 8L of the Inspector General Act of 1978 and the In21 spectors General and inspector general office personnel as22 sisting the lead Inspector General in the discharge of re23 sponsibilities under subsection (d) of that section with re24 spect to the contingency operation.’’. 


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1 SEC. 104. OVERSIGHT OF CONTRACTS AND CONTRACTING 

2 ACTIVITIES FOR OVERSEAS CONTINGENCY 

3 OPERATIONS IN RESPONSIBILITIES OF CHIEF 

4 ACQUISITION OFFICERS OF FEDERAL AGEN5 CIES. 

6 (a) IN GENERAL.—Subsection (b)(3) of section 1702 

7 of title 41, United States Code, is amended— 

8 (1) by redesignating subparagraphs (F) and 

9 (G) as subparagraphs (G) and (H), respectively; and 

10 (2) by inserting after subparagraph (E) the fol11 lowing new subparagraph (F): 

12 ‘‘(F) advising the executive agency on the appli13 cability of relevant policy on the contracts of the 

14 agency for overseas contingency operations and en15 suring the compliance of the contracts and con16 tracting activities of the agency with such policy;’’. 

17 (b) DEFINITION.—Such section is further amended 

18 by adding at the following new subsection: 

19 ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DE20 FINED.—In this section, the term ‘overseas contingency 

21 operations’ means military operations outside the United 

22 States and its territories and possessions that are— 

23 ‘‘(1) a contingency operation, as that term is 

24 defined in subparagraph (A) of section 101(a)(13) of 

25 title 10; or 


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1 ‘‘(2) a contingency operation, as that term is 

2 defined in subparagraph (B) of such section, but 

3 only if such operation involves actual or potential 

4 hostilities against an enemy of the United States or 

5 against an opposing military force.’’. 

6 Subtitle B—Multi-Agency Matters 

7 SEC. 111. INCLUSION OF CONTRACTS FOR SUPPORT OF 

8 OVERSEAS CONTINGENCY OPERATIONS IN 

9 MANAGEMENT STRUCTURE OF DEPARTMENT 

10 OF DEFENSE, DEPARTMENT OF STATE, AND 

11 UNITED STATES AGENCY FOR INTER12 NATIONAL DEVELOPMENT FOR PROCURE13 MENT OF CONTRACT SERVICES. 

14 (a) DEPARTMENT OF DEFENSE.—Section 2330(c) of 

15 title 10, United States Code, is amended— 

16 (1) in paragraph (2), by striking ‘‘other than 

17 services’’ and all that follows and inserting ‘‘includ18 ing services in support of overseas contingency oper19 ations. The term does not include services relating 

20 to research and development or military construc21 tion.’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 


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1 ‘‘(3) The term ‘overseas contingency operations’ 

2 means military operations outside the United States 

3 and its Commonwealths and possessions that are— 

4 ‘‘(A) a contingency operation, as that term 

5 is defined in subparagraph (A) of section 

6 101(a)(13) of this title; or 

7 ‘‘(B) a contingency operation, as that term 

8 is defined in subparagraph (B) of such section, 

9 but only if such operation involves actual or po10 tential hostilities against an enemy of the 

11 United States or against an opposing military 

12 force.’’. 

13 (b) DEPARTMENT OF STATE.— 

14 (1) IN GENERAL.—The Secretary of State shall 

15 establish and implement a management structure for 

16 the procurement of contract services for the Depart17 ment of State. 

18 (2) ELEMENTS.—The management structure 

19 required by this subsection shall include such ele20 ments of the management structure for the procure21 ment of contract services for the Department of De22 fense under section 2330 of title 10, United States 

23 Code (as amended by subsection (a)), as the Sec24 retary of State considers appropriate for the pro25 curement of contract services. 


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1 (3) DISCHARGE OF PRINCIPAL RESPONSIBIL2 ITIES.—Any responsibility in the management struc3 ture for the procurement of contract services for the 

4 Department of State under this subsection that is 

5 derived from a responsibility discharged by the 

6 Under Secretary of Defense for Acquisition, Tech7 nology, and Logistics under section 2330 of title 10, 

8 United States Code (as so amended), shall be dis9 charged in the management structure under this 

10 subsection by the Director of Acquisition and Logis11 tics of the Department of State under section 63 of 

12 the State Department Basic Authorities Act of 1956 

13 (as added by section 131(a) of this Act). 

14 (c) USAID.— 

15 (1) IN GENERAL.—The Administrator of the 

16 United States Agency for International Development 

17 shall establish and implement a management struc18 ture for the procurement of contract services for the 

19 United States Agency for International Develop20 ment. 

21 (2) ELEMENTS.—The management structure 

22 required by this subsection shall include such ele23 ments of the management structure for the procure24 ment of contract services for the Department of De25 fense under section 2330 of title 10, United States 


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1 Code (as amended by subsection (a)), as the Admin2 istrator considers appropriate for the procurement of 

3 contract services. 

4 (3) DISCHARGE OF PRINCIPAL RESPONSIBIL5 ITIES.—Any responsibility in the management struc6 ture for the procurement of contract services for the 

7 United States Agency for International Development 

8 under this subsection that is derived from a respon9 sibility discharged by the Under Secretary of De10 fense for Acquisition, Technology, and Logistics 

11 under section 2330 of title 10, United States Code 

12 (as so amended), shall be discharged in the manage13 ment structure under this subsection by the Director 

14 of Acquisition and Assistance of the United States 

15 Agency for International Development under section 

16 131(b) of this Act. 

17 (d) CONTRACT SERVICES DEFINED.—In this section 

18 the term ‘‘contract services’’ includes all services acquired 

19 from private sector entities by or for an agency, including 

20 services in support of activities of the agency in connection 

21 with overseas contingency operations. 

22 (e) REPORTS TO CONGRESS.— 

23 (1) REPORTS REQUIRED.—Not later than one 

24 year after the date of the enactment of this Act, the 

25 Secretary of Defense, the Secretary of State, and 


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1 the Administrator of the United States Agency for 

2 International Development shall each submit to the 

3 appropriate committees of Congress a report on the 

4 implementation by the department or agency con5 cerned of this section and the amendments made by 

6 this section, as applicable. 

7 (2) ELEMENTS FOR DEPARTMENT OF STATE

8 AND USAID.—The report of the Secretary of State 

9 and the Administrator of the United States Agency 

10 for International Development under this subsection 

11 shall each set forth the following: 

12 (A) A comprehensive description of the 

13 management structure established and imple14 mented by the department or agency, as the 

15 case may be, under this section. 

16 (B) An identification of any elements of 

17 the management structure of the Department 

18 of Defense under section 2330 of title 10, 

19 United States Code (as amended by subsection 

20 (a)), that are not included in the management 

21 structure of the department or agency, as the 

22 case may be, and a justification for the omis23 sion of such elements. 

24 (C) An identification of any elements of 

25 the management structure of the department or 


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1 agency, as the case may be, that are not in2 cluded in the management structure of the De3 partment of Defense, and a justification for the 

4 inclusion of such elements. 

5 SEC. 112. REQUIREMENTS AND LIMITATIONS FOR SUSPEN6 SION AND DEBARMENT OFFICIALS OF THE 

7 DEPARTMENT OF DEFENSE, DEPARTMENT OF 

8 STATE, AND UNITED STATES AGENCY FOR 

9 INTERNATIONAL DEVELOPMENT. 

10 (a) IN GENERAL.—Each administering official shall 

11 take appropriate actions to ensure that the requirements 

12 and limitations set forth in subsection (b) apply to each 

13 suspension and debarment official under the jurisdiction 

14 of such administering official and are complied with. 

15 (b) COVERED REQUIREMENTS AND LIMITATIONS.— 

16 The requirements and limitations set forth in this sub17 section with respect to a suspension and debarment official 

18 are as follows: 

19 (1) There shall be not less than one suspension 

20 and debarment official for each department or agen21 cy concerned. 

22 (2) A suspension and debarment official may 

23 not be located or co-located within the acquisition of24 fice of the department or agency concerned. 


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1 (3) The sole duties of a suspension and debar2 ment official shall be as follows: 

3 (A) The direction, management, and over4 sight of suspension and debarment activities. 

5 (B) Membership on the Interagency Com6 mittee on Debarment and Suspension, including 

7 submittal of periodic reports on the suspension 

8 and debarment activities of such official to the 

9 Committee for purposes fulfilling the require10 ments of the Committee for reports to Congress 

11 on suspension and debarment activities of the 

12 Federal Government required by section 873 of 

13 the Duncan Hunter National Defense Author14 ization Act for Fiscal Year 2009 (Public Law 

15 110–417; 122 Stat. 4557; 31 U.S.C. 6101 

16 note). 

17 (4) Each official shall have a staff and re18 sources adequate for the discharge of the suspension 

19 and debarment activities of such official. 

20 (5) The sole duties of the staff of each official 

21 under paragraph (4) shall be suspension and debar22 ment activities. 

23 (6) Each official shall adopt and comply with 

24 guidance on policies and procedures for suspension 

25 and debarment activities. The guidance adopted 


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1 under this paragraph shall be subject to the ap2 proval of the administering official concerned. The 

3 guidance shall, to the extent practicable, be uniform 

4 across the department or agency concerned. 

5 (7) Each official shall adopt and implement 

6 policies on training and uniform practices for refer7 rals of suspension and debarment matters. The poli8 cies adopted under this paragraph shall be subject to 

9 the approval of the administering official concerned. 

10 (8) The reports of each official to the Inter11 agency Committee on Debarment and Suspension on 

12 the suspension and debarment activities of such offi13 cial shall include, in addition to any information re14 quired by section 873 of the Duncan Hunter Na15 tional Defense Authorization Act for Fiscal Year 

16 2009, a description of the basis for any final deci17 sion declining to pursue suspension or debarment 

18 and information on any administrative agreements 

19 in lieu of suspension or debarment entered into by 

20 such office during the period covered by such re21 ports. 

22 (c) CONSTRUCTION OF LOCATION LIMITATION.— 

23 Nothing in subsection (b)(2) shall be construed as author24 izing a reduction in the number of suspension and debar25 ment officials at the Department of Defense, the military 


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1 departments, the Department of State, or the United 

2 States Agency for International Development from the 

3 number at the applicable agency as of the date of the en4 actment of this Act. 

5 (d) DEFINITIONS.—In this section: 

6 (1) The term ‘‘administering official’’ means 

7 the following: 

8 (A) The Secretary of Defense, with respect 

9 to the Department of Defense. 

10 (B) The Secretary of the Army, with re11 spect to the Department of the Army. 

12 (C) The Secretary of the Navy, with re13 spect to the Department of the Navy. 

14 (D) The Secretary of the Air Force, with 

15 respect to the Department of the Air Force. 

16 (E) The Secretary of State, with respect to 

17 the Department of State. 

18 (F) The Administrator of the United 

19 States Agency for International Development, 

20 with respect to the United States Agency for 

21 International Development. 

22 (2) The term ‘‘Interagency Committee on De23 barment and Suspension’’ means the committee con24 stituted under sections 4 and 5 of Executive Order 

25 No. 12549. 


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1 (e) DUTIES OF INTERAGENCY COMMITTEE ON DE2 BARMENT AND SUSPENSION.—Section 873 of the Duncan 

3 Hunter National Defense Authorization Act for Fiscal 

4 Year 2009 is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by inserting ‘‘, in7 cluding with respect to contracts in connection 

8 with overseas contingency operations’’ before 

9 the semicolon; and 

10 (B) in paragraph (7)— 

11 (i) in subparagraph (B), by striking ‘‘; 

12 and’’ and inserting a semicolon; 

13 (ii) in subparagraph (C), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing new subparagraph: 

18 ‘‘(D) all information on suspensions, 

19 debarments, and administrative agreements in20 cluded in the report that do not appear in the 

21 Federal Awardee Performance and Integrity In22 formation System required by section 2313 of 

23 title 41, United States Code.’’; and 

24 (2) by striking subsection (b) and inserting the 

25 following new subsections: 


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1 ‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.— 

2 The annual report required by subsection (a)(7) shall be 

3 submitted not later than 180 days after the date of the 

4 enactment of the Comprehensive Contingency Contracting 

5 Reform Act of 2012, and annually thereafter. 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘overseas contingency operations’ 

8 means military operations outside the United States 

9 and its territories and possessions that are— 

10 ‘‘(A) a contingency operation, as that term 

11 is defined in subparagraph (A) of section 

12 101(a)(13) of title 10, United States Code; or 

13 ‘‘(B) a contingency operation, as that term 

14 is defined in subparagraph (B) of section 

15 101(a)(13) of title 10, United States Code, but 

16 only if such operation involves actual or poten17 tial hostilities against an enemy of the United 

18 States or against an opposing military force. 

19 ‘‘(2) The term ‘Interagency Committee on De20 barment and Suspension’ means the committee con21 stituted under sections 4 and 5 of Executive Order 

22 No. 12549.’’. 


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1 SEC. 113. ADDITIONAL BASES FOR SUSPENSION OF CON2 TRACTORS FROM CONTRACTING WITH THE 

3 FEDERAL GOVERNMENT. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Federal Acquisition Regulatory 

6 Council shall amend the Federal Acquisition Regulation 

7 to provide for the automatic suspension of a contractor 

8 from contracting with the Federal Government in the 

9 event of the following: 

10 (1) A charge by indictment or information of 

11 the contractor on a Federal offense relating to the 

12 performance of a contract with the Department of 

13 Defense, the Department of State, or the United 

14 States Agency for International Development in con15 nection with an overseas contingency operation. 

16 (2) A final determination by the head of a con17 tracting agency of the Department of Defense, the 

18 Department of State, or the United States Agency 

19 for International Development that the contractor 

20 has failed to pay or refund amounts due or owed to 

21 the Federal Government in connection with an over22 seas contingency operation. 

23 (3) A charge by the Federal Government in a 

24 civil or criminal proceeding alleging fraudulent ac25 tions on the part of the contractor, whether by an 

26 employee, affiliate, or subsidiary of the contractor or 


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1 any business owned or controlled by the contractor, 

2 on any contract with the Federal Government 

3 whether or not in connection with an overseas con4 tingency operation. 

5 Subtitle C—Department of Defense 

6 Matters 

7 SEC. 121. RESPONSIBILITY WITHIN DEPARTMENT OF DE8 FENSE FOR CONTRACT SUPPORT FOR OVER9 SEAS CONTINGENCY OPERATIONS. 

10 (a) RESPONSIBILITY.— 

11 (1) IN GENERAL.—Not later than one year 

12 after the date of the enactment of this Act, the Sec13 retary of Defense shall prescribe in regulations the 

14 chain of authority and responsibility within the De15 partment of Defense for policy, planning, and execu16 tion of contract support for overseas contingency op17 erations. 

18 (2) ELEMENTS.—The regulations under para19 graph (1) shall, at a minimum— 

20 (A) specify the officials, offices, and com21 ponents of the Department within the chain of 

22 authority and responsibility described in para23 graph (1); 

24 (B) identify for each official, office, and 

25 component specified under subparagraph (A)— 


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1 (i) requirements for policy, planning, 

2 and execution of contract support for over3 seas contingency operations, including, at a 

4 minimum, requirements in connection 

5 with— 

6 (I) coordination of functions, au7 thorities, and responsibilities related 

8 to operational contract support for 

9 overseas contingency operations; 

10 (II) assessments of total force 

11 data in support of Department force 

12 planning scenarios, including the ap13 propriateness of and necessity for the 

14 use of contractors for identified func15 tions; 

16 (III) determinations of capability 

17 requirements for non-acquisition com18 munity operational contract support, 

19 and identification of resources re20 quired for planning, training, and exe21 cution to meet such requirements; 

22 (IV) determinations of policy re23 garding the use of contractors by 

24 function, and identification of the 

25 training exercises that will be required 


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1 for contract support (including an as2 sessment whether or not such exer3 cises will include contractors); and 

4 (V) establishment of an inven5 tory, and identification of areas of 

6 high-risk and trade-offs, for use of 

7 contract support in overseas contin8 gency operations and for areas in 

9 which members of the Armed Forces 

10 will be used in such operations instead 

11 of contract support; and 

12 (ii) roles, authorities, responsibilities, 

13 and lines of supervision for the achieve14 ment of the requirements identified under 

15 clause (i), including the position within the 

16 chain of authority and responsibility de17 scribed in paragraph (1) with responsibility 

18 for reporting directly to the Secretary re19 garding policy, planning, and execution of 

20 contract support for overseas contingency 

21 operations; and 

22 (C) ensure that the chain of authority and 

23 responsibility described in paragraph (1) is ap24 propriately aligned with, and appropriately inte25 grated into, the structure of the Department 


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1 for the conduct of overseas contingency oper2 ations, including the military departments, the 

3 Joint Staff, and the commanders of the unified 

4 combatant commands. 

5 (b) SECRETARY OF DEFENSE REPORT.—Not later 

6 than one year after the date of the enactment of this Act, 

7 the Secretary shall submit to the appropriate committees 

8 of Congress a report on the regulations prescribed under 

9 subsection (a). The report shall set forth the following: 

10 (1) The regulations. 

11 (2) A comprehensive description of the require12 ments identified under clause (i) of subsection 

13 (a)(2)(B), and a comprehensive description of the 

14 manner in which the roles, authorities, responsibil15 ities, and lines of supervision under clause (ii) of 

16 that subsection will further the achievement of such 

17 requirements. 

18 (3) A comprehensive description of the manner 

19 in which the regulations will meet the requirements 

20 in subsection (a)(2)(C). 

21 (c) COMPTROLLER GENERAL REPORT.—Not later 

22 than 18 months after the date of the enactment of this 

23 Act, the Comptroller General of the United States shall 

24 submit to the appropriate committees of Congress a report 

25 on the regulations prescribed under subsection (a). The 


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1 report shall set forth an assessment by the Comptroller 

2 General of the extent to which the regulations will further 

3 the achievement by the Department of Defense of efficient 

4 and effective policy, planning, and execution of contract 

5 support for overseas contingency operations. 

6 (d) ANNUAL REPORTS ON CONTRACT SUPPORT FOR

7 OVERSEAS CONTINGENCY OPERATIONS.— 

8 (1) IN GENERAL.—Upon the commencement or 

9 designation of a military operation as an overseas 

10 contingency operation that exceeds 30 days, and an11 nually thereafter until the termination of the oper12 ation, the commander of the combatant command 

13 having principal responsibility for the operation 

14 shall, in consultation with the Secretary of Defense, 

15 submit to the appropriate committees of Congress a 

16 report on contract support for the operation. 

17 (2) ELEMENTS.—Each report under paragraph 

18 (1) regarding an operation shall set forth the fol19 lowing: 

20 (A) A description and assessment of the 

21 policy, planning, management, and oversight of 

22 the Department with respect to contract sup23 port for the operation. 

24 (B) With respect to contracts entered into 

25 in connection with the operation: 


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1 (i) The total number of contracts en2 tered into as of the date of such report. 

3 (ii) The total number of such con4 tracts that are active as of such date. 

5 (iii) The total value of contracts en6 tered into as of such date. 

7 (iv) The total value of such contracts 

8 that are active as of such date. 

9 (v) An identification of the extent to 

10 which the contracts entered into as of such 

11 date were entered into using competitive 

12 procedures. 

13 (vi) The total number of contractor 

14 personnel working under contracts entered 

15 into as of the end of each calendar quarter 

16 during the one-year period ending on such 

17 date. 

18 (vii) The total number of contractor 

19 personnel performing security functions 

20 under contracts entered into as of the end 

21 of each calendar quarter during the one22 year period ending on such date. 

23 (viii) The total number of contractor 

24 personnel killed or wounded under any 

25 contracts entered into. 


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1 (C) The sources of information and data 

2 used to prepare the portion of such report re3 quired by subparagraph (B). 

4 (D) A description of any known limitations 

5 of the information or data reported under sub6 paragraph (B), including known limitations in 

7 methodology or data sources. 

8 (E) Any plans for strengthening collection, 

9 coordination, and sharing of information on 

10 contracts entered into in connection with the 

11 operation. 

12 (3) ESTIMATES.—In determining the total 

13 number of contractor personnel working under con14 tracts for purposes of paragraph (2)(B)(vi), the 

15 commander of the combatant command concerned 

16 may use estimates for any category of contractor 

17 personnel for which the commander determines it is 

18 not feasible to provide an actual count. Each report 

19 under paragraph (1) shall fully disclose the extent to 

20 which such an estimate is used in lieu of an actual 

21 count. 

22 (4) PROHIBITION ON PREPARATION BY CON23 TRACTOR PERSONNEL.—A report under this sub24 section may not be prepared by contractor personnel. 


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1 SEC. 122. INCLUSION OF CONTRACT SUPPORT IN CERTAIN 

2 DEPARTMENT OF DEFENSE PLANNING RE3 QUIREMENTS. 

4 (a) READINESS REPORTING SYSTEM.—Section 

5 117(c) of title 10, United States Code, is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(8) Measure, on a quarterly basis, the capa8 bility of operational contract support to support cur9 rent and anticipated wartime missions of the armed 

10 forces.’’. 

11 (b) CONTINGENCY PLANNING AND PREPAREDNESS

12 FUNCTIONS OF CJCS.—Section 153(a)(3) of such title is 

13 amended by adding at the end the following new subpara14 graph: 

15 ‘‘(E) In coordination with the Under Secretary 

16 of Defense for Acquisition, Technology, and Logis17 tics, the Secretaries of the military departments, the 

18 heads of the Defense Agencies, and the commanders 

19 of the combatant commands, determining the oper20 ational contract support requirements of the armed 

21 forces and recommending the resources required to 

22 improve and enhance operational contract support 

23 for the armed forces and planning for such oper24 ational contract support.’’. 


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1 SEC. 123. INCLUSION OF MATTERS RELATING TO CONTIN2 GENCY OPERATIONS IN JOINT PROFES3 SIONAL MILITARY EDUCATION. 

4 (a) IN GENERAL.—Section 2151(a) of title 10, 

5 United States Code, is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(6) Contingency operations.’’. 

8 (b) CURRICULUM FOR THREE-PHASE APPROACH.— 

9 Section 2154 of such title is amended by adding at the 

10 end the following new subsection: 

11 ‘‘(c) CURRICULUM RELATING TO CONTINGENCY OP12 ERATIONS.—(1) The curriculum for each phase of joint 

13 professional military education implemented under this 

14 section shall include content appropriate for such phase 

15 on the following: 

16 ‘‘(A) Requirements definition. 

17 ‘‘(B) Contingency program management. 

18 ‘‘(C) Contingency contracting. 

19 ‘‘(D) The strategic impact of contracting costs 

20 on military missions. 

21 ‘‘(2) In this subsection, the terms ‘requirements defi22 nition’, ‘contingency program management’, and ‘contin23 gency contracting’ have the meaning given those terms in 

24 section 2333(f) of this title.’’. 


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1 Subtitle D—Department of State 

2 and Related Agencies Matters 

3 SEC. 131. REORGANIZATION OF ACQUISITION FUNCTIONS 

4 OF DEPARTMENT OF STATE AND UNITED 

5 STATES AGENCY FOR INTERNATIONAL DE6 VELOPMENT. 

7 (a) OFFICE OF ACQUISITION AND LOGISTICS WITHIN

8 DEPARTMENT OF STATE.— 

9 (1) ESTABLISHMENT.—Title I of the State De10 partment Basic Authorities Act of 1956 (22 U.S.C. 

11 2651a et seq.) is amended by adding at the end the 

12 following new section: 

13 ‘‘SEC. 63. OFFICE OF ACQUISITION AND LOGISTICS. 

14 ‘‘(a) ESTABLISHMENT.—There is established within 

15 the Department of State the Office of Acquisition and Lo16 gistics. 

17 ‘‘(b) DIRECTOR OF ACQUISITION AND LOGISTICS.— 

18 ‘‘(1) IN GENERAL.—The head of the Office of 

19 Acquisition and Logistics shall be the Director of 

20 Acquisition and Logistics, who shall be appointed or 

21 designated by the Secretary in the manner provided 

22 in section 1702(a) of title 41, United States Code. 

23 ‘‘(2) SUPERVISION.—The Director of the Office 

24 of Acquisition and Logistics shall report directly to 

25 the Secretary regarding the functions and activities 


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1 of the Office of Acquisition and Logistics. The Di2 rector shall also be subject to the supervision of the 

3 Deputy Secretary of State for Management and Re4 sources regarding such functions and activities. The 

5 Office shall be under the jurisdiction of the Under 

6 Secretary of State for Management for administra7 tive purposes and to facilitate collaboration with 

8 other offices and bureaus of the Department of 

9 State. 

10 ‘‘(3) CHIEF ACQUISITION OFFICER.—The Direc11 tor of the Office of Acquisition and Logistics shall 

12 be the Chief Acquisition Officer of the Department 

13 of State for purposes of section 1702 of title 41, 

14 United States Code. 

15 ‘‘(c) FUNCTIONS OF OFFICE.—The functions of the 

16 Office of Acquisition and Logistics shall include principal 

17 responsibility within the Department of State for the ac18 quisition, procurement, and logistics management activi19 ties of the Department, including, but not limited to, the 

20 following: 

21 ‘‘(1) The development and implementation of 

22 Department policies regarding acquisition, procure23 ment, and logistics management. 

24 ‘‘(2) The provision of advice to offices, bureaus, 

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1 sition, procurement, and logistics management poli2 cies of the Department. 

3 ‘‘(3) The direction, management, and oversight 

4 of acquisition and procurement by the offices, bu5 reaus, and other elements of the Department, in6 cluding the regional procurement offices of the De7 partment. 

8 ‘‘(4) The direction, management, and oversight 

9 of the performance of contracting activities for De10 partment operations. 

11 ‘‘(5) Such other matters relating to the acquisi12 tion, procurement, and logistics management activi13 ties of the Department as the Secretary considers 

14 appropriate. 

15 ‘‘(d) RESOURCES.—The Office of Acquisition and Lo16 gistics shall have such personnel and other resources as 

17 the Secretary considers appropriate to discharge its func18 tions.’’. 

19 (2) TRANSFER OF CERTAIN FUNCTIONS, PER20 SONNEL, AND RESOURCES.—There is hereby trans21 ferred to the Office of Acquisition and Logistics of 

22 the Department of State established by section 63 of 

23 the State Department Basic Authorities Act of 1956 

24 (as added by paragraph (1)) the following: 


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1 (A) The functions, personnel, and re2 sources of the Office of the Procurement Execu3 tive of the Bureau of Administration of the De4 partment of State as of the date of the enact5 ment of this Act. 

6 (B) The functions, personnel, and re7 sources of the Office of the Logistics Manage8 ment of the Bureau of Administration of the 

9 Department of State as of the date of the en10 actment of this Act. 

11 (3) ADMINISTRATION.—The Under Secretary of 

12 State for Management shall administer the func13 tions, personnel, and resources transferred under 

14 paragraph (2) as part of the Office of Acquisition 

15 and Logistics of the Department of State (as so es16 tablished). 

17 (b) OFFICE OF ACQUISITION AND ASSISTANCE WITH18 IN USAID.— 

19 (1) ESTABLISHMENT.—There is established 

20 within the United States Agency for International 

21 Development the Office of Acquisition and Assist22 ance. 

23 (2) DIRECTOR.— 

24 (A) IN GENERAL.—The head of the Office 

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1 rector of Acquisition and Assistance, who shall 

2 be appointed or designated by the Adminis3 trator of the United States Agency for Inter4 national Development in the manner provided 

5 for appointments or designations of chief acqui6 sition officers under section 1702(a) of title 41, 

7 United States Code. 

8 (B) SUPERVISION.—The Director of Ac9 quisition and Assistance shall report directly to 

10 the Administrator of the United States Agency 

11 for International Development regarding the 

12 functions and activities of the Office of Acquisi13 tion and Assistance. 

14 (C) CHIEF ACQUISITION OFFICER.—The 

15 Director of Acquisition and Assistance shall be 

16 the Chief Acquisition Officer of the United 

17 States Agency for International Development, 

18 and shall discharge for the Agency the func19 tions specified of a chief acquisition officer in 

20 section 1702(b) of title 41, United States Code. 

21 (3) FUNCTION OF OFFICE.—The Office of Ac22 quisition and Assistance shall be the element of the 

23 United States Agency for International Development 

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1 ment activities of the Agency for International De2 velopment. 

3 (4) RESOURCES.—The Office of Acquisition 

4 and Assistance shall have the personnel and re5 sources as follows: 

6 (A) The personnel and resources of the Of7 fice of Acquisition and Assistance of the Bu8 reau for Management of the United States 

9 Agency for International Development as of the 

10 date of the enactment of this Act, which per11 sonnel and resources the Administrator shall 

12 transfer to the Office of Acquisition and Assist13 ance established by this subsection. 

14 (B) Such other personnel and resources as 

15 the Administrator considers appropriate for the 

16 discharge of the functions of the Office of Ac17 quisition and Assistance. 

18 (c) ANNUAL REPORTS ON CONTRACT SUPPORT FOR

19 OVERSEAS CONTINGENCY OPERATIONS.— 

20 (1) IN GENERAL.—Upon the commencement or 

21 designation of a military operation as an overseas 

22 contingency operation that exceeds 30 days, and an23 nually thereafter until the termination of the oper24 ation, the Secretary of State and the Administrator 

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1 opment shall each submit to the appropriate commit2 tees of Congress a report on contract support, if 

3 any, of such agency for the operation. 

4 (2) DISCHARGE.—The Secretary of State shall 

5 submit the reports required by paragraph (1) 

6 through the Director of Acquisition and Logistics of 

7 the Department of State under section 63 of the 

8 State Department Basic Authorities Act of 1956 (as 

9 added by subsection (a)). The Administrator of the 

10 United States Agency for International Development 

11 shall submit the reports required by paragraph (1) 

12 through the Director of Acquisition and Assistance 

13 of the United States Agency for International Devel14 opment under subsection (b). 

15 (3) ELEMENTS.—Each report of an agency 

16 under paragraph (1) regarding an operation shall set 

17 forth the following: 

18 (A) A description and assessment of the 

19 policy, planning, management, and oversight of 

20 the agency with respect to contract support for 

21 the operation. 

22 (B) With respect to contracts entered into 

23 in connection with the operation: 

24 (i) The total number of contracts en25 tered into as of the date of such report. 


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1 (ii) The total number of such con2 tracts that are active as of such date. 

3 (iii) The total value of contracts en4 tered into as of such date. 

5 (iv) The total value of such contracts 

6 that are active as of such date. 

7 (v) An identification of the extent to 

8 which the contracts entered into as of such 

9 date were entered into using competitive 

10 procedures. 

11 (vi) The total number of contractor 

12 personnel working under contracts entered 

13 into as of the end of each calendar quarter 

14 during the one-year period ending on such 

15 date. 

16 (vii) The total number of contractor 

17 personnel performing security functions 

18 under contracts entered into as of the end 

19 of each calendar quarter during the one20 year period ending on such date. 

21 (viii) The total number of contractor 

22 personnel killed or wounded under any 

23 contracts entered into. 


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1 (C) The sources of information and data 

2 used to prepare the portion of such report re3 quired by subparagraph (B). 

4 (D) A description of any known limitations 

5 of the information or data reported under sub6 paragraph (B), including known limitations in 

7 methodology or data sources. 

8 (E) Any plans for strengthening collection, 

9 coordination, and sharing of information on 

10 contracts entered into in connection with the 

11 operation. 

12 (4) ESTIMATES.—In determining the total 

13 number of contractor personnel working under con14 tracts for purposes of paragraph (3)(B)(vi), the Sec15 retary or the Administrator may use estimates for 

16 any category of contractor personnel for which the 

17 commander determines it is not feasible to provide 

18 an actual count. Each report under paragraph (2) 

19 shall fully disclose the extent to which such an esti20 mate is used in lieu of an actual count. 

21 (5) PROHIBITION ON PREPARATION BY CON22 TRACTOR PERSONNEL.—A report under this sub23 section may not be prepared by contractor personnel. 


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1 SEC. 132. INCLUSION OF CONTRACT SUPPORT IN CERTAIN 

2 DEPARTMENT OF STATE PLANNING ACTIVI3 TIES. 

4 (a) QDDR.—Title I of the State Department Basic 

5 Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as 

6 amended by section 131(a) of this Act, is further amended 

7 by adding at the end the following new section: 

8 ‘‘SEC. 64. QUADRENNIAL DIPLOMACY AND DEVELOPMENT 

9 REVIEW. 

10 ‘‘(a) REVIEW REQUIRED.—The Secretary shall, every 

11 four years during a year following a year evenly divisible 

12 by four, conduct a comprehensive examination (to be 

13 known as the ‘quadrennial diplomacy and development re14 view’) of the diplomatic and overseas development strategy 

15 of the United States with a view toward determining and 

16 expressing the diplomatic and overseas development strat17 egy of the United States for the next 20 years. 

18 ‘‘(b) ELEMENTS.—Each quadrennial diplomacy and 

19 development review shall include the following: 

20 ‘‘(1) The matters included in the quadrennial 

21 diplomacy and development review conducted by the 

22 Department of State in 2010, as modified from time 

23 to time by the Secretary. 

24 ‘‘(2) With respect to contract support of the 

25 diplomatic and overseas development strategy of the 

26 United States, the following: 


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1 ‘‘(A) The assumptions used in the review 

2 on the roles and responsibilities that would be 

3 discharged by contractors. 

4 ‘‘(B) The contract support required to sup5 port the programs and activities of the Depart6 ment. 

7 ‘‘(C) The appropriate ratio of Department 

8 personnel to contractor personnel in the dis9 charge of the programs and activities of the De10 partment. 

11 ‘‘(3) Such other matters as the Secretary con12 siders appropriate. 

13 ‘‘(c) PROHIBITION ON PERFORMANCE BY CON14 TRACTOR PERSONNEL.—A quadrennial diplomacy and de15 velopment review under this section may not be performed 

16 by contractor personnel.’’. 

17 (b) CONTRACTOR READINESS REPORTING.— 

18 (1) REPORTING SYSTEM REQUIRED.—As part 

19 of the planning of the Department of State for the 

20 discharge of the programs and activities of the De21 partment, the Secretary of State shall establish a re22 porting system on the readiness of the contractors of 

23 the Department to support the Department in the 

24 discharge of its programs and activities. 


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1 (2) ELEMENTS.—The reporting system required 

2 by this subsection shall do the following: 

3 (A) Measure, on a quarterly basis, the ca4 pability of contract support of the Department 

5 to support current and anticipated programs 

6 and activities of the Department. 

7 (B) Measure, on such frequency as the 

8 Secretary shall specify, such other matters with 

9 respect to contract support of the Department 

10 as the Secretary considers appropriate for the 

11 reporting system. 

12 SEC. 133. PROFESSIONAL EDUCATION FOR DEPARTMENT 

13 OF STATE PERSONNEL ON ACQUISITION FOR 

14 DEPARTMENT OF STATE SUPPORT AND PAR15 TICIPATION IN DEPARTMENT OF DEFENSE 

16 OVERSEAS CONTINGENCY OPERATIONS. 

17 (a) PROFESSIONAL EDUCATION REQUIRED.—The 

18 Secretary of State shall develop and administer for De19 partment of State personnel specified in subsection (b) a 

20 course of professional education on acquisition by the De21 partment of State for Department of State support for, 

22 and participation in, overseas contingency operations of 

23 the Department of Defense. 


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1 (b) COVERED DEPARTMENT OF STATE PER2 SONNEL.—The Department of State personnel specified in 

3 this subsection are as follows: 

4 (1) The Director of Acquisition and Logistics of 

5 the Department of State under section 63 of the 

6 State Department Basic Authorities Act of 1956 (as 

7 added by section 131(a) of this Act). 

8 (2) Personnel of the Department designated by 

9 the Director of Acquisition and Logistics, including 

10 contracting officers and other contracting personnel. 

11 (3) Such other personnel of the Department as 

12 the Secretary of State shall designate for purposes 

13 of this section. 

14 (c) ELEMENTS.— 

15 (1) CURRICULUM CONTENT.—The course of 

16 professional education under this section shall in17 clude appropriate content on the following: 

18 (A) Contingency contracting. 

19 (B) Contingency program management. 

20 (C) The strategic impact of contracting 

21 costs on the mission and activities of the De22 partment of State. 

23 (D) Such other matters relating to acquisi24 tion by the Department of State for Depart25 ment of State support for, or participation in, 


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1 overseas contingency operations of the Depart2 ment of Defense as the Secretary of State con3 siders appropriate. 

4 (2) PHASED APPROACH.—The course of profes5 sional education may be broken into two or more 

6 phases of professional education with curriculum or 

7 modules of education suitable for the Department of 

8 State personnel specified in subsection (b) at dif9 ferent phases of professional advancement within the 

10 Department. 

11 (d) DEFINITIONS.—In this section: 

12 (1) The term ‘‘contingency contracting’’ means 

13 all stages of the process of acquiring property or 

14 services by the Department of State for Department 

15 of State support for, and participation in, overseas 

16 contingency operations of the Department of De17 fense. 

18 (2) The term ‘‘contingency program manage19 ment’’ means the process of planning, organizing, 

20 staffing, controlling, and leading specific acquisition 

21 programs and activities of the Department of State 

22 for Department of State support for, and participa23 tion in, overseas contingency operations of the De24 partment of Defense. 


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1 TITLE II—TRANSPARENCY, SUS2 TAINABILITY, AND ACCOUNT3 ABILITY IN CONTRACTS FOR 

4 OVERSEAS CONTINGENCY OP5 ERATIONS 

6 Subtitle A—Limitations in 

7 Contracting 

8 SEC. 201. LIMITATIONS APPLICABLE TO CERTAIN CON9 TRACTS IN CONNECTION WITH OVERSEAS 

10 CONTINGENCY OPERATIONS. 

11 (a) LIMITATION ON CONTRACT PERIODS.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of the enactment of this Act, the Federal 

14 Acquisition Regulatory Council shall amend the Fed15 eral Acquisition Regulation to provide that, com16 mencing 180 days after the date of the commence17 ment or designation of a military operation as an 

18 overseas contingency operation, the contract period 

19 of contracts entered into by a covered agency in con20 nection with such contingency operation shall be lim21 ited to the contract periods specified in paragraph 

22 (2), except as provided in paragraph (3). 

23 (2) CONTRACT PERIODS.—The contract periods 

24 specified in this paragraph are as follows: 


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1 (A) Three years in the case of competi2 tively bid contracts. 

3 (B) One year in the case of non-competi4 tively bid contracts and competitively bid con5 tracts for which only one offer was received by 

6 the covered agency. 

7 (3) WAIVER.—The amendment of the Federal 

8 Acquisition Regulation required by this subsection 

9 shall provide that the head of a covered agency may 

10 waive the applicability of the limitations in para11 graph (2) to a contract if— 

12 (A) the contracting officer certifies in writ13 ing as part of a justification and approval 

14 (J&A) that the agency has concluded, on the 

15 basis of market research conducted for purposes 

16 of the justification and approval, that— 

17 (i) the period of performance for the 

18 contract in excess of the limitations in 

19 paragraph (2) will be in the best interest 

20 of the United States; and 

21 (ii) the offeror has submitted informa22 tion in a bid or proposal sufficient to show 

23 that representations by the offeror about 

24 the offeror’s ability to timely, sufficiently, 


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1 and cost-effectively perform the contract, if 

2 awarded, are reasonable; 

3 (B) the contracting officer conducts the 

4 cost analysis required by section 15.404–1 of 

5 the Federal Acquisition Regulation; and 

6 (C) the head of the agency determines in 

7 writing based on the information obtained pur8 suant to subparagraphs (A) and (B) that the 

9 waiver is in the best interests of the United 

10 States. 

11 (b) LIMITATION ON SUBCONTRACTING TIERS FOR

12 SERVICE CONTRACTS.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, the Federal 

15 Acquisition Regulatory Council shall amend the Fed16 eral Acquisition Regulation to provide that, com17 mencing 180 days after the date of the commence18 ment or designation of a military operation as an 

19 overseas contingency operation, any contract for 

20 services entered into by a covered agency in connec21 tion with such contingency operation may only have 

22 a single tier of subcontractors, except as provided in 

23 paragraph (2). 

24 (2) WAIVER.—The amendment of the Federal 

25 Acquisition Regulation required by this subsection 


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1 shall provide that the head of a covered agency may 

2 waive the applicability of the limitation in paragraph 

3 (1) to a contract if— 

4 (A) the contracting officer includes in the 

5 contract a provision for liquidated damages (in 

6 an amount specified by the contracting officer 

7 in the contract) in favor of the United States 

8 in the event a subcontractor under the contract 

9 at any tier is determined by the contracting of10 ficer to have acted in the performance of the 

11 contract in a manner that is illegal or unethical 

12 or harms the strategic political or military goals 

13 of the United States; 

14 (B) the contracting officer certifies in writ15 ing a justification and approval that the agency 

16 has concluded, on the basis of market research 

17 conducted for purposes of the justification and 

18 approval, that, if the contract is performed in 

19 component parts, no combination of contractors 

20 within the market exist that could perform the 

21 contract either by prime contractor alone or 

22 through the use of subcontractors only at a sin23 gle tier; and 

24 (C) the head of the agency determines in 

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1 suant to subparagraphs (A) and (B) that the 

2 waiver is in the best interests of the United 

3 States. 

4 (c) COVERED AGENCY DEFINED.—In this section, 

5 the term ‘‘covered agency’’ means the following: 

6 (1) The Department of Defense. 

7 (2) The Department of State. 

8 (3) The United States Agency for International 

9 Development. 

10 SEC. 202. PERFORMANCE OF CERTAIN SECURITY FUNC11 TIONS IN OVERSEAS AREAS OF OVERSEAS 

12 CONTINGENCY OPERATIONS. 

13 (a) ANNUAL REVIEW OF PERFORMANCE OF FUNC14 TIONS.— 

15 (1) IN GENERAL.—Not later than one year 

16 after the commencement or designation of a military 

17 operation as an overseas contingency operation, and 

18 annually thereafter until the termination of the oper19 ation, the Secretary of Defense and the Secretary of 

20 State shall each conduct a review of the performance 

21 of covered security functions for the Department of 

22 Defense and the Department of State, as the case 

23 may be, in the overseas areas of the operation. Each 

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1 cent risk analysis conducted with respect to the op2 eration concerned under subsection (b). 

3 (2) SUBMITTAL TO CONGRESS.—Each review 

4 conducted under this subsection shall be submitted 

5 to the appropriate committees of Congress not later 

6 than 30 days after the completion of such review. 

7 (b) RISK ANALYSES OF PERFORMANCE OF FUNC8 TIONS BY CONTRACTOR PERSONNEL.— 

9 (1) IN GENERAL.—Not later than six months 

10 after the commencement or designation of a military 

11 operation as an overseas contingency operation, and 

12 annually thereafter until the termination of the oper13 ation, the commander of the combatant command 

14 having principal responsibility for the conduct of the 

15 operation shall determine, in consultation with the 

16 Secretary of Defense or the Secretary of State (as 

17 applicable), whether the performance by contractor 

18 personnel of any covered security functions for the 

19 Department of Defense or the Department of State 

20 in overseas areas of the operation after the date of 

21 such determination is appropriate and necessary. 

22 (2) DETERMINATION THROUGH RISK ANAL23 YSIS.—Each determination under this subsection 

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1 quirements of Department of Defense Instruction 

2 1100.22, or a successor instruction. 

3 (3) INFORMATION ON IDENTIFIED FUNC4 TIONS.—If the performance of any covered security 

5 function by contractor personnel is determined under 

6 this subsection to be appropriate and necessary, the 

7 review incorporating the risk analysis submitted 

8 under subsection (a)(2) shall set forth the security 

9 functions or functions concerned and the reasons for 

10 the determination. 

11 (4) PROHIBITION ON PERFORMANCE OF RISK

12 ANALYSES BY CONTRACTOR PERSONNEL.—A risk 

13 analysis under this subsection may not be performed 

14 by contractor personnel. 

15 (c) INCORPORATION INTO POLICIES AND PLANNING

16 ON OCOS.—The results of the reviews required by sub17 section (a) shall be incorporated into the policies and plan18 ning of the Department of Defense and the Department 

19 of State for the conduct of overseas contingency oper20 ations. 

21 (d) TEMPORARY EMPLOYMENT AUTHORITY.— 

22 (1) IN GENERAL.—If the performance by con23 tractor personnel of any covered security functions 

24 for the Department of Defense or the Department of 

25 State in overseas areas of an overseas contingency 


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1 operation is terminated, either as a whole or in part, 

2 as a result of a determination under subsection (b), 

3 the Secretary of Defense or the Secretary of State 

4 (as applicable) may, using the authority in section 

5 3161 of title 5, United States Code (as amended by 

6 subsection (e)), appoint to positions of employment 

7 in the Department of Defense or the Department of 

8 State, as the case may be, such personnel described 

9 in paragraph (2) as are necessary for the perform10 ance of such functions for the Department of De11 fense or the Department of State, as the case may 

12 be, in the overseas areas of the operation. 

13 (2) COVERED PERSONNEL.—The personnel de14 scribed in this paragraph are the following: 

15 (A) In the case of the Department of 

16 State, diplomatic security personnel. 

17 (B) Law enforcement personnel of the 

18 United States Government. 

19 (e) CONFORMING AMENDMENT.—Section 3161 of 

20 title 5, United States Code (as amended by section 103(b) 

21 of this Act), is further amended by adding at the end the 

22 following new subsection: 

23 ‘‘(k) SECURITY FUNCTIONS FOR OVERSEAS CONTIN24 GENCY OPERATIONS.—(1) In addition to the meaning 

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1 ganization’ for purposes of this subchapter means the De2 partment of Defense and the Department of State for pur3 poses of the performance of security functions in overseas 

4 areas of an overseas contingency operation pursuant to 

5 section 202(d) of the Comprehensive Contingency Con6 tracting Reform Act of 2012. 

7 ‘‘(2) A department specified in paragraph (1) may 

8 be treated as a temporary organization under that para9 graph for purposes of an overseas contingency operation 

10 only during the duration of the operation.’’. 

11 (f) DEFINITIONS.—In this section: 

12 (1) The term ‘‘contractor personnel’’ means any 

13 person performing work under contract for the De14 partment of Defense or the Department of State, in15 cluding individuals and subcontractors at any tier, in 

16 an overseas area of an overseas contingency oper17 ation. 

18 (2) The term ‘‘covered security functions’’ 

19 means the following: 

20 (A) Mobile security functions. 

21 (B) Personal security functions. 

22 (C) Static security functions. 

23 (3) The term ‘‘mobile security functions’’ in24 cludes the protection of convoys. 


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1 (4) The term ‘‘personal security functions’’ in2 cludes the provision of security escorts and personal 

3 security details. 

4 (5) The term ‘‘static security functions’’ in5 cludes the protection of fixed or static sites such as 

6 housing areas, reconstruction work sites, and Gov7 ernment buildings and facilities. 

8 SEC. 203. JUSTIFICATION AND APPROVAL FOR SOLE9 SOURCE CONTRACTS OF UNUSUAL AND COM10 PELLING URGENCY EXCEPTION TO CON11 TRACT AWARD THROUGH COMPETITIVE PRO12 CEDURES. 

13 (a) DEPARTMENT OF DEFENSE AND RELATED

14 AGENCIES.—Section 2304(c)(2) of title 10, United States 

15 Code, is amended by inserting before the semicolon at the 

16 end the following: ‘‘, except that in any case in which the 

17 agency solicits a bid or proposal from only one source, the 

18 head of an agency may only use the authority in this para19 graph if the contracting officer certifies in writing a jus20 tification and approval (J&A) of the reasons necessary for 

21 using this authority to solicit a bid or proposal from only 

22 one source, and such certifications are compiled and sub23 mitted annually in a report to the Committee on Armed 

24 Services, the Committee on Foreign Relations, the Com25 mittee on Homeland Security and Governmental Affairs, 


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1 and the Committee on Appropriations of the Senate and 

2 the Committee on Armed Services, the Committee on For3 eign Affairs, the Committee on Oversight and Government 

4 Reform, and the Committee on Appropriations of the 

5 House of Representatives’’. 

6 (b) OTHER EXECUTIVE AGENCIES.—Section 

7 3304(a)(2) of title 41, United States Code, is amended 

8 by inserting before the semicolon at the end the following: 

9 ‘‘, except that in any case in which the agency solicits a 

10 bid or proposal from only one source, the head of an agen11 cy may only use the authority in this paragraph if the 

12 contracting officer certifies in writing, a justification and 

13 approval (J&A) of the reasons necessary for using this au14 thority to solicit a bid or proposal from only one source, 

15 and such certifications are compiled and submitted annu16 ally in a report to the Committee on Armed Services, the 

17 Committee on Foreign Relations, the Committee on 

18 Homeland Security and Governmental Affairs, and the 

19 Committee on Appropriations of the Senate and the Com20 mittee on Armed Services, the Committee on Foreign Af21 fairs, the Committee on Oversight and Government Re22 form, and the Committee on Appropriations of the House 

23 of Representatives’’. 


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1 Subtitle B—Enhancements of 

2 Contracting Process 

3 SEC. 211. UNIFORM CONTRACT WRITING SYSTEM REQUIRE4 MENTS FOR FEDERAL AGENCIES. 

5 (a) EXECUTIVE AGENCIES OTHER THAN DEPART6 MENT OF DEFENSE.—The Administrator of General Serv7 ices shall establish and maintain a single contract writing 

8 system to apply uniformly to all executive agencies, other 

9 than the Department of Defense and the military depart10 ments. 

11 (b) DEPARTMENT OF DEFENSE.—The Secretary of 

12 Defense shall establish and maintain a single contract 

13 writing system to apply uniformly to the Department of 

14 Defense and all agencies and components of the Depart15 ment, including the military departments. 

16 (c) USE.— 

17 (1) USE REQUIRED.—Subject to paragraph (2), 

18 upon the establishment of the contract writing sys19 tem applicable to the executive agency concerned 

20 under subsection (a), the executive agency shall use 

21 such contract writing system for all contracts en22 tered into by the executive agency. 

23 (2) EXCEPTION.—An executive agency may use 

24 a contract writing system other than the contract 

25 writing system otherwise applicable to the executive 


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1 agency under subsection (a) if the Director of the 

2 Office of Management and Budget determines, using 

3 a business case analysis conducted for that purpose, 

4 that the use of such alternative contract writing sys5 tem by the executive agency will result in cost sav6 ings to the Federal Government. 

7 (d) EXECUTIVE AGENCY DEFINED.—In this section, 

8 the term ‘‘executive agency’’ has the meaning given that 

9 term in section 133 of title 41, United States Code. 

10 SEC. 212. DATABASE ON PRICES OF ITEMS AND SERVICES 

11 UNDER FEDERAL CONTRACTS. 

12 (a) DATABASE REQUIRED.— 

13 (1) IN GENERAL.—Chapter 33 of title 41, 

14 United States Code, is amended by adding at the 

15 end the following new section: 

16 ‘‘§ 3312. Database on prices of items and services 

17 under Federal contracts 

18 ‘‘(a) DATABASE REQUIRED.—The Administrator 

19 shall establish and maintain a database of information on 

20 the prices charged the Federal Government for items and 

21 services under contracts with the Federal Government. 

22 The information in the database shall be designed to assist 

23 Federal acquisition officials in the following: 


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1 ‘‘(1) Monitoring developments in the prices of 

2 items and services charged the Federal Government 

3 under contracts with the Federal Government. 

4 ‘‘(2) Conducting pricing or cost analyses for 

5 items and services under offers for contracts with 

6 the Federal Government, or otherwise conducting 

7 determinations of the reasonableness of prices for 

8 items and services under such offers. 

9 ‘‘(b) USE.—The database under subsection (a) shall 

10 be available to executive agencies in the evaluation of of11 fers for contracts with the Federal Government for items 

12 and services.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 33 of such title is 

15 amended by adding at the end the following new 

16 item: 

‘‘3312. Database on prices of items and services under Federal contracts.’’. 

17 (b) USE OF ELEMENTS OF DEPARTMENT OF DE18 FENSE PILOT PROJECT.—In establishing the database re19 quired by section 3312 of title 41, United States Code (as 

20 added by subsection (a)), the Administrator of Federal 

21 Procurement Policy shall use and incorporate appropriate 

22 elements of the pilot project on pricing of the Department 

23 of Defense being carried out by the Director of Defense 

24 Pricing. 


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1 Subtitle C—Contractor 

2 Accountability 

3 SEC. 221. CONTRACTOR CONSENT TO JURISDICTION FOR 

4 CERTAIN CIVIL ACTIONS UNDER CERTAIN 

5 CONTRACTS FOR WORK OVERSEAS. 

6 (a) CONSENT TO JURISDICTION.—The Federal Ac7 quisition Regulatory Council shall amend the Federal Ac8 quisition Regulation to require that any covered contract 

9 provides that— 

10 (1) the contractor consents to personal jurisdic11 tion over the contractor with respect to any covered 

12 civil action, including a covered civil action against 

13 one or more employees of the contractor for which 

14 the contractor may be liable under theories of vicari15 ous liability; 

16 (2) the contractor consents to personal jurisdic17 tion in the United States District Court for the Dis18 trict of Columbia for a covered civil action in 

19 which— 

20 (A) the events giving rise to the cause of 

21 action occurred outside the United States; and 

22 (B) personal jurisdiction cannot be estab23 lished in another Federal court; 

24 (3) consent to personal jurisdiction under para25 graph (2) shall not operate to deprive or terminate 


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1 personal jurisdiction of the contractor in any court 

2 that otherwise has personal jurisdiction under an3 other provision of law or to limit any cause of action 

4 or remedy under any other provision of law; 

5 (4) if the covered contract was awarded to a 

6 contractor that does not maintain an office in the 

7 United States, the contractor shall designate an 

8 agent located in the United States for service of 

9 process in any covered civil action; 

10 (5) except as provided in paragraph (6), any 

11 covered civil action shall be analyzed in accordance 

12 with the laws of the United States; and 

13 (6) the substantive law of the State (including 

14 the District of Columbia) in which the covered civil 

15 action is brought shall be the law applicable to a 

16 covered civil action if— 

17 (A) the substantive law otherwise applica18 ble to the covered civil action would be the law 

19 of the location where the events giving rise to 

20 the cause action occurred; and 

21 (B) the location is designated as a haz22 ardous duty zone by the Secretary of Defense. 

23 (b) APPLICABILITY.—The amendment to the Federal 

24 Acquisition Regulation made under subsection (a) shall 

25 apply with respect to any covered contract that is entered 


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1 into on or after the effective date of the amendment under 

2 subsection (a). 

3 (c) DEFINITIONS.—In this section: 

4 (1) The term ‘‘contractor’’, with respect to a 

5 covered contract, includes the contractor under the 

6 contract, any subcontractor under the contract, any 

7 subordinate contractor under the contract, any sub8 sidiary, parent company, or successor entity of the 

9 contractor formed to act as a successor in interest 

10 of the contractor, and any employee thereof per11 forming work under or in connection with the con12 tract. 

13 (2) The term ‘‘covered civil action’’ means the 

14 following: 

15 (A) A civil action alleging a rape or sexual 

16 assault of or serious bodily injury to a member 

17 of the Armed Forces of the United States, a ci18 vilian employee of the United States, or an em19 ployee of a company performing work arising 

20 out of the performance of a covered contract for 

21 the United States who is a citizen or national 

22 of the United States. 

23 (B) A civil action alleging the wrongful 

24 death of a member of the Armed Forces of the 

25 United States, a civilian employee of the United 


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1 States, or an employee of a company per2 forming work arising out of the performance of 

3 a covered contract for the United States who is 

4 a citizen or national of the United States 

5 brought by a family member of the deceased. 

6 (3) The term ‘‘covered contract’’— 

7 (A) means a contract— 

8 (i) for work to be performed outside 

9 the United States that is awarded or en10 tered into by the United States (including 

11 any executive department, agency, or inde12 pendent establishment thereof); and 

13 (ii) with a value of not less than 

14 $5,000,000; and 

15 (B) includes any subcontract or subordi16 nate contract under a contract described in sub17 paragraph (A). 

18 (4) The term ‘‘rape’’ means conduct that would 

19 violate section 920(a) of title 10, United States Code 

20 (article 120(a) of the Uniform Code of Military Jus21 tice), if the conduct was committed by a person sub22 ject to chapter 47 of title 10, United States Code 

23 (the Uniform Code of Military Justice). 


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1 (5) The term ‘‘serious bodily injury’’ has the 

2 meaning given that term in section 1365 of title 18, 

3 United States Code. 

4 (6) The term ‘‘sexual assault’’ means conduct 

5 that would violate section 920 (c), (h), or (m) of title 

6 10, United States Code (article 120 (c), (h), or (m) 

7 of the Uniform Code of Military Justice), if the con8 duct was committed by a person subject to chapter 

9 47 of title 10, United States Code (the Uniform 

10 Code of Military Justice). 

11 (7) The term ‘‘United States’’, in a geographic 

12 sense— 

13 (A) means the several States and the Dis14 trict of Columbia; and 

15 (B) does not include any military installa16 tion or facility located outside the area de17 scribed in subparagraph (A). 

18 SEC. 222. COMBATING TRAFFICKING IN PERSONS. 

19 (a) FRAUD IN FOREIGN LABOR CONTRACTING.—Sec20 tion 1351 of title 18, United States Code, is amended— 

21 (1) by inserting ‘‘(a) WORK INSIDE THE

22 UNITED STATES.—’’ before ‘‘Whoever knowingly’’; 

23 and 

24 (2) by adding at the end the following: 


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1 ‘‘(b) WORK OUTSIDE THE UNITED STATES.—Who2 ever knowingly and with intent to defraud recruits, solic3 its, or hires a person outside the United States, or causes 

4 another person to recruit, solicit, or hire a person outside 

5 the United States, or attempts to do so, for purposes of 

6 work performed on a United States Government contract 

7 performed outside the United States or on a United States 

8 Government military installation or mission or other prop9 erty or premises owned or controlled by the United States 

10 Government by means of materially false or fraudulent 

11 pretenses, representations, or promises regarding that em12 ployment shall be fined under this title, imprisoned for not 

13 more than 5 years, or both.’’. 

14 (b) TERMINATION PROVISIONS FOR CERTAIN CON15 TRACTS.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the Federal 

18 Acquisition Regulatory Council shall amend the Fed19 eral Acquisition Regulation to provide that any cov20 ered contract entered into by a covered agency 

21 shall— 

22 (A) include provisions authorizing termi23 nation of the contract if the prime contractor, 

24 any subcontractor at any tier under the prime 

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1 ployed by the prime or subcontractor at any tier 

2 engages in severe forms of trafficking in per3 sons, the procurement of commercial sex acts, 

4 or the use of forced labor in the performance of 

5 the contract, including— 

6 (i) destroying, concealing, removing, 

7 or confiscating an employee’s immigration 

8 documents without the employee’s consent; 

9 (ii) failing to repatriate an employee 

10 upon the end of employment, unless the 

11 employee is a victim of human trafficking 

12 seeking victim services or legal redress in 

13 the country of employment or a witness in 

14 a human trafficking enforcement action; 

15 (iii) misrepresenting the location or 

16 occupation of employment to prospective 

17 employees; 

18 (iv) charging recruited employees ex19 orbitant placement fees, including, but not 

20 limited to, fees that violate the laws of the 

21 country from which an employee is re22 cruited, or fees equal to or greater than 

23 the employee’s monthly salary; and 

24 (v) any other activities that support or 

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1 curement of commercial sex acts, or the 

2 use of forced labor in the performance of 

3 the contract; and 

4 (B) require, prior to contract award and 

5 annually thereafter during the term of the con6 tract, a certification by the contractor to the 

7 covered agency that— 

8 (i) neither the contractor nor any sub9 contractor, labor recruiter, broker, or em10 ployee under the contract is engaged in 

11 any activities covered by subparagraph (A); 

12 and 

13 (ii) the contractor has in place proce14 dures— 

15 (I) to prevent activities described 

16 in subparagraph (A); and 

17 (II) to monitor, detect and termi18 nate any subcontractor, labor re19 cruiter, broker, or employee subse20 quently found to be engaged in any 

21 activities described in subparagraph 

22 (A) during the course of the contract. 

23 (2) DEFINITIONS.—In this subsection: 

24 (A) COVERED AGENCY.—The term ‘‘cov25 ered agency’’ means the following: 


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1 (i) The Department of Defense. 

2 (ii) The Department of State. 

3 (iii) The United States Agency for 

4 International Development. 

5 (B) COVERED CONTRACT.—The term ‘‘cov6 ered contract’’— 

7 (i) means a contract with a value of 

8 not less than $1,000,000 for work to be 

9 performed outside the United States that 

10 is awarded or entered into by a covered 

11 agency; and 

12 (ii) includes any subcontract or subor13 dinate contract under a contract described 

14 in clause (i). 

15 SEC. 223. INFORMATION ON CORPORATE CONTRACTOR 

16 PERFORMANCE AND INTEGRITY THROUGH 

17 THE FEDERAL AWARDEE PERFORMANCE AND 

18 INTEGRITY INFORMATION SYSTEM. 

19 (a) INCLUSION OF CORPORATIONS AMONG COVERED

20 PERSONS.—Subsection (b) of section 872 of the Duncan 

21 Hunter National Defense Authorization Act for Fiscal 

22 Year 2009 (Public Law 110–417; 122 Stat. 4555) is 

23 amended by inserting ‘‘(including a corporation)’’ after 

24 ‘‘Any person’’ both places it appears. 


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1 (b) INFORMATION ON CORPORATIONS.—Subsection 

2 (d) of such section is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(3) INFORMATION ON CORPORATIONS.—The 

5 information on a corporation in the database shall, 

6 to the extent practicable, include information on any 

7 parent, subsidiary, or successor entities to the cor8 poration in manner designed to give the acquisition 

9 officials using the database a comprehensive under10 standing of the performance and integrity of the cor11 poration in carrying out Federal contracts and 

12 grants.’’. 

13 SEC. 224. CONTRACTOR PERFORMANCE EVALUATIONS AND 

14 THE PAST PERFORMANCE INFORMATION RE15 TRIEVAL SYSTEM. 

16 Not later than 90 days after the date of the enact17 ment of this Act, the Federal Acquisition Regulatory 

18 Council shall amend the Federal Acquisition Regulation 

19 as follows: 

20 (1) The requirements under section 42.1503(b) 

21 of the Federal Acquisition Regulation to submit 

22 agency evaluations of contractor performance to a 

23 contractor, to permit a contractor response to eval24 uations, and to retain such response in performance 

25 evaluations shall be terminated. 


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1 (2) Contractor performance evaluations shall be 

2 entered into the Past Performance Information Re3 trieval System (PPIRS) under section 42.1503 of 

4 the Federal Acquisition Regulation using the Con5 tractor Performance Assessment Reporting System. 

6 Subtitle D—Other Matters 

7 SEC. 231. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 

8 CAPITAL PROJECTS FUNDED BY THE DE9 PARTMENT OF DEFENSE FOR OVERSEAS 

10 CONTINGENCY OPERATIONS. 

11 (a) CERTIFICATION ON SUSTAINABILITY REQUIRED

12 BEFORE COMMENCEMENT OF PROJECTS.— 

13 (1) IN GENERAL.—Commencing 60 days after 

14 the date of the enactment of this Act, a capital 

15 project described in subsection (b) may not be com16 menced unless the Secretary of Defense, in consulta17 tion with the United States commander of military 

18 operations in the country in which the project will 

19 be carried out, certifies to the appropriate commit20 tees of Congress that the country has the capability 

21 (in both financial and human resources) to effec22 tively maintain and utilize the project. 

23 (2) CONSIDERATIONS.—In making a certifi24 cation under paragraph (1) with respect to a capital 

25 project, the Secretary shall take into account the 


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1 status of the maintenance and utilization of capital 

2 projects, if any, in the country in which the project 

3 is to be carried out that were previously financed or 

4 assisted by the United States. 

5 (b) COVERED CAPITAL PROJECTS.—A capital project 

6 described in this subsection is any capital project overseas 

7 for an overseas contingency operation that is for the ben8 efit of the host country, is funded by the Department of 

9 Defense using covered funds, and has an estimated value 

10 in excess of $1,000,000, other than a project for military 

11 construction (as that term is defined in section 114(b) of 

12 title 10, United States Code) or a military family housing 

13 project under section 2821 of such title. 

14 (c) TERMINATION OF UNSUSTAINABLE PROJECTS IN

15 PROGRESS.— 

16 (1) IN GENERAL.—Effective 180 days after the 

17 date of the enactment of this Act, the Secretary of 

18 Defense shall terminate each capital project de19 scribed in subsection (b) that is in progress, but not 

20 completed, as of the date of the enactment of this 

21 Act if the Secretary— 

22 (A) determines, in consultation with the 

23 United States commander of military operations 

24 in the country in which the project is being car25 ried out, that the country does not have the caVerDate Mar 15 2010 23:58 Feb 29, 2012 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S2139.IS S2139

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1 pability (in both financial and human resources) 

2 to effectively maintain and utilize the project; 

3 or 

4 (B) has not made any determination on 

5 the matters described in subparagraph (A) with 

6 respect to the project. 

7 (2) WAIVER.—The Secretary may waive the re8 quirement for termination of a project under para9 graph (1) if the Secretary submits to the appro10 priate committees of Congress a written certification 

11 that the project is vital to a military or security ob12 jective of the United States. 

13 (d) DEFINITIONS.—In this section: 

14 (1) The term ‘‘capital project’’ has the meaning 

15 given the term in section 308 of the Aid, Trade, and 

16 Competitiveness Act of 1992 (title III of Public Law 

17 102–549; 22 U.S.C. 2421e; 106 Stat. 3660). 

18 (2) The term ‘‘covered funds’’ means the fol19 lowing: 

20 (A) Amounts in the Afghanistan Infra21 structure Fund. 

22 (B) Amounts in the Afghanistan Security 

23 Forces Funds. 

24 (C) Amounts available for the Com25 manders’ Emergency Response Program. 


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1 (D) Any other funds authorized to be ap2 propriated for the Department of Defense that 

3 are made available for a capital project. 

Æ 


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