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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2139 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Contingency 
Contracting Reform Act of 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
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.
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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Oversight and 
                Government Reform, and the Committee on Appropriations 
                of the House of Representatives.
            (2) Federal acquisition regulatory council.--The term 
        ``Federal Acquisition Regulatory Council'' means the Federal 
        Acquisition Regulatory Council under section 1302(a) of title 
        41, United States Code.
            (3) Overseas contingency operation.--The term ``overseas 
        contingency operation'' means a military operation outside the 
        United States and its territories and possessions that is--
                    (A) a contingency operation, as that term is 
                defined in subparagraph (A) of section 101(a)(13) of 
                title 10, United States Code; or
                    (B) a contingency operation, as that term is 
                defined in subparagraph (B) of section 101(a)(13) of 
                title 10, United States Code, but only if such 
                operation involves actual or potential hostilities 
                against an enemy of the United States or against an 
                opposing military force.

    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.

    The President shall ensure that any request to Congress for funds 
for or relating to an overseas contingency operation includes the 
following:
            (1) A specific statement of the requested funds, broken out 
        by--
                    (A) amounts requested for each appropriations 
                account covered by the request; and
                    (B) amounts intended to be allocated to each 
                program, project, and activity to be funded through the 
                request.
            (2) A specific proposal for means of financing the amount 
        requested, including an increase in specified revenues, a 
        decrease in specified programs, projects, or activities, 
        borrowing by the Federal Government, or other appropriate 
        means.

SEC. 102. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT 
              AND BUDGET REGARDING OVERSEAS CONTINGENCY OPERATIONS.

    (a) Responsibilities Regarding Costs and Financing.--
            (1) In general.--The Director of the Office of Management 
        and Budget shall be the principal official of the Federal 
        Government with responsibility for advising the President on 
        financial matters in connection with overseas contingency 
        operations, including the costs and proposed means of financing 
        of all programs, projects, and activities of the Federal 
        Government in connection with such operations.
            (2) Particular responsibilities.--The responsibility of the 
        Director under this subsection shall include the 
        responsibilities as follows:
                    (A) To advise and report to the President on 
                estimates of costs in connection with overseas 
                contingency operations, including direct and indirect 
                costs, current and future costs, and anticipated 
                contracting costs.
                    (B) To identify and report to the President on 
                means of financing the costs of the Federal Government 
                in connection with overseas contingency operations, 
                including an increase in specified revenues, a decrease 
                in specified programs, projects, or activities, 
                borrowing by the Federal Government, or other 
                appropriate means.
            (3) Consultation.--The Director shall carry out the 
        responsibility of the Director under this subsection in 
        consultation with the Secretary of the Treasury, the Secretary 
        of Defense, the Secretary of State, and other appropriate 
        officials of the Federal Government.
    (b) Annual Reports to Congress.--Not later than 45 days after the 
end of each fiscal year in which Federal funds are obligated for or in 
connection with an overseas contingency operation, the Director of the 
Office of Management and Budget shall submit to Congress a report on 
the obligation and expenditure of Federal funds for or in relation to 
the operation during such fiscal year and in the aggregate since the 
commencement or designation of the operation as a contingency 
operation.

SEC. 103. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS 
              CONTINGENCY OPERATIONS.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) by redesignating section 8L as section 8M; and
            (2) by inserting after section 8K the following new section 
        8L:

``SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS CONTINGENCY 
              OPERATIONS.

    ``(a) In General.--Upon the commencement or designation of a 
military operation as an overseas contingency operation that exceeds 30 
days, the Chair of the Council of Inspectors General on Integrity and 
Efficiency (CIGIE) shall, in consultation with the members of the 
Council, have the additional responsibilities specified in subsection 
(c) with respect to the Inspectors General specified in subsection (b).
    ``(b) Inspectors General.--The Inspectors General specified in this 
subsection are the Inspectors General as follows:
            ``(1) The Inspector General of the Department of Defense.
            ``(2) The Inspector General of the Department of State.
            ``(3) The Inspector General of the United States Agency for 
        International Development.
    ``(c) Specific Responsibilities.--The responsibilities specified in 
this subsection are the following:
            ``(1) In consultation with the Inspectors General specified 
        in subsection (b), to designate a lead Inspector General in 
        accordance with subsection (d) to discharge the authorities of 
        lead Inspector General for the contingency operation concerned 
        as set forth in that subsection.
            ``(2) To resolve conflicts of jurisdiction among the 
        Inspectors General specified in subsection (b) on 
        investigations, inspections, and audits with respect to such 
        contingency operation in accordance with subsection (d)(3)(B).
            ``(3) To assist in identifying for the Lead Inspector 
        General for Overseas Contingency Operations, Inspectors General 
        and inspector general office personnel available to assist the 
        lead Inspector General and the other Inspectors General 
        specified in subsection (b) on matters relating to such 
        contingency operation.
    ``(d) Lead Inspector General for Overseas Contingency Operation.--
(1) A lead Inspector General for an overseas contingency operation 
shall be designated by the Chair of the Council of Inspectors General 
on Integrity and Efficiency under subsection (c)(1) not later than 15 
days after the commencement or designation of the military operation 
concerned as an overseas contingency operation that exceeds 30 days.
    ``(2) The lead Inspector General for a contingency operation shall 
be designated from among the Inspectors General specified in subsection 
(b).
    ``(3) The lead Inspector General for a contingency operation shall 
have the following responsibilities:
            ``(A) To appoint, from among the offices of the other 
        Inspectors General specified in subsection (b), an Inspector 
        General to act as associate Inspector General for the 
        contingency operation who shall act in a coordinating role to 
        assist the lead Inspector General in the discharge of 
        responsibilities under this subsection.
            ``(B)(i) If none of the Inspectors General specified in 
        subsection (b) has principal jurisdiction over a matter with 
        respect to the contingency operation, to exercise 
        responsibility for discharging oversight responsibilities in 
        accordance with this Act with respect to such matter.
            ``(ii) If more than one of the Inspectors General specified 
        in subsection (b) has jurisdiction over a matter with respect 
        to the contingency operation, to determine principal 
        jurisdiction for discharging oversight responsibilities in 
        accordance with this Act with respect to such matter.
            ``(C) To employ, or authorize the employment by the other 
        Inspectors General specified in subsection (b), on a temporary 
        basis using the authorities in section 3161 of title 5, United 
        States Code, such auditors, investigators, and other personnel 
        as the lead Inspector General considers appropriate to assist 
        the lead Inspector General and such other Inspectors General on 
        matters relating to the contingency operation.
            ``(D) To submit to Congress on a bi-annual basis, and to 
        make available on an Internet website available to the public, 
        a report on the activities of the lead Inspector General and 
        the Inspectors General specified in subsection (b) with respect 
        to the contingency operation, including--
                    ``(i) the status and results of investigations, 
                inspections, and audits and of referrals to the 
                Department of Justice; and
                    ``(ii) overall plans for the review of the 
                contingency operation by inspectors general, including 
                plans for investigations, inspections, and audits.
            ``(E) To submit to Congress on a quarterly basis, and to 
        make available on an Internet website available to the public, 
        a report on the contingency operation setting forth the 
        information specified in paragraph (4).
            ``(F) To carry out such other responsibilities relating to 
        the coordination and efficient and effective discharge by the 
        Inspectors General specified in subsection (b) of duties 
        relating to the contingency operation as the lead Inspector 
        General shall specify.
    ``(4) The information specified in this paragraph with respect to a 
contingency operation is as follows:
            ``(A) Obligations and expenditures of appropriated funds.
            ``(B) A project-by-project and program-by-program 
        accounting of the costs incurred to date for the contingency 
        operation, together with the estimate of the Department of 
        Defense, the Department of State, and the United States Agency 
        for International Development, as applicable, of the costs to 
        complete each project and each program.
            ``(C) Revenues attributable to or consisting of funds 
        provided by foreign nations or international organizations to 
        programs and projects for the contingency operation that are 
        funded by any department or agency of the United States 
        Government, and any obligations or expenditures of such 
        revenues.
            ``(D) Revenues attributable to or consisting of foreign 
        assets seized or frozen that contribute to programs and 
        projects for the contingency operation that are funded by any 
        department or agency of the United States Government, and any 
        obligations or expenditures of such revenues.
            ``(E) Operating expenses of agencies or entities receiving 
        amounts appropriated or otherwise made available for the 
        contingency operation.
            ``(F) In the case of any contract, grant, agreement, or 
        other funding mechanism with respect to the contingency 
        operation--
                    ``(i) the amount of the contract, grant, agreement, 
                or other funding mechanism;
                    ``(ii) a brief discussion of the scope of the 
                contract, grant, agreement, or other funding mechanism;
                    ``(iii) a discussion of how the department or 
                agency of the United States Government involved in the 
                contract, grant, agreement, or other funding mechanism 
                identified, and solicited offers from, potential 
                individuals or entities to perform the contract, grant, 
                agreement, or other funding mechanism, together with a 
                list of the potential individuals or entities that were 
                issued solicitations for the offers; and
                    ``(iv) the justification and approval documents on 
                which was based the determination to use procedures 
                other than procedures that provide for full and open 
                competition.
    ``(5)(A) The lead Inspector General for a contingency operation may 
employ, or authorize the employment by the other Inspectors General 
specified in subsection (b) of, annuitants covered by section 9902(g) 
of title 5, United States Code, for purposes of assisting the lead 
Inspector General in discharging responsibilities under this subsection 
with respect to the contingency operation.
    ``(B) The employment of annuitants under this paragraph shall be 
subject to the provisions of section 9902(g) of title 5, United States 
Code, as if the lead Inspector General concerned was the Department of 
Defense.
    ``(C) The period of employment of an annuitant under this paragraph 
may not exceed three years, except that the period may be extended for 
up to an additional two years in accordance with the regulations 
prescribed pursuant to section 3161(b)(2) of title 5, United States 
Code.
    ``(6) The lead Inspector General for a contingency operation shall 
discharge the responsibilities for the contingency operation under this 
subsection in a manner consistent with the authorities and requirements 
of this Act generally and the authorities and requirements applicable 
to the Inspectors General specified in subsection (b) under this Act.
    ``(e) Sunset for Particular Contingency Operations.--The 
requirements and authorities of this section with respect to a 
contingency operation shall cease at the end of the first fiscal year 
after the commencement or designation of the contingency operation in 
which the total amount appropriated for the contingency operation is 
less than $20,000,000.
    ``(f) Construction of Authority.--Nothing in this Act shall be 
construed to limit the ability of the Inspectors General specified in 
subsection (b) to enter into agreements to conduct joint audits, 
inspections, or investigations in the exercise of their oversight 
responsibilities in accordance with this Act with respect to overseas 
contingency operations.
    ``(g) Overseas Contingency Operation Defined.--In this section, the 
term `overseas contingency operation' means a military operation 
outside the United States and its territories and possessions that is--
            ``(1) a contingency operation, as that term is defined in 
        subparagraph (A) of section 101(a)(13) of title 10, United 
        States Code; or
            ``(2) a contingency operation, as that term is defined in 
        subparagraph (B) of section 101(a)(13) of title 10, United 
        States Code, but only if such operation involves actual or 
        potential hostilities against an enemy of the United States or 
        against an opposing military force.''.
    (b) Conforming Amendment Relating to Temporary Employment 
Authority.--Section 3161 of title 5, United States Code, is amended by 
adding at the end the following new subsection:
    ``(j) Lead Inspectors General for Overseas Contingency Operations 
as Temporary Organization.--In addition to the meaning given that term 
in subsection (a), the term `temporary organization' for purposes of 
this subchapter shall also include the lead Inspector General for an 
overseas contingency operation under section 8L of the Inspector 
General Act of 1978 and the Inspectors General and inspector general 
office personnel assisting the lead Inspector General in the discharge 
of responsibilities under subsection (d) of that section with respect 
to the contingency operation.''.

SEC. 104. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES FOR 
              OVERSEAS CONTINGENCY OPERATIONS IN RESPONSIBILITIES OF 
              CHIEF ACQUISITION OFFICERS OF FEDERAL AGENCIES.

    (a) In General.--Subsection (b)(3) of section 1702 of title 41, 
United States Code, is amended--
            (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
            (2) by inserting after subparagraph (E) the following new 
        subparagraph (F):
            ``(F) advising the executive agency on the applicability of 
        relevant policy on the contracts of the agency for overseas 
        contingency operations and ensuring the compliance of the 
        contracts and contracting activities of the agency with such 
        policy;''.
    (b) Definition.--Such section is further amended by adding at the 
following new subsection:
    ``(d) Overseas Contingency Operations Defined.--In this section, 
the term `overseas contingency operations' means military operations 
outside the United States and its territories and possessions that 
are--
            ``(1) a contingency operation, as that term is defined in 
        subparagraph (A) of section 101(a)(13) of title 10; or
            ``(2) a contingency operation, as that term is defined in 
        subparagraph (B) of such section, but only if such operation 
        involves actual or potential hostilities against an enemy of 
        the United States or against an opposing military force.''.

                    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.

    (a) Department of Defense.--Section 2330(c) of title 10, United 
States Code, is amended--
            (1) in paragraph (2), by striking ``other than services'' 
        and all that follows and inserting ``including services in 
        support of overseas contingency operations. The term does not 
        include services relating to research and development or 
        military construction.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) The term `overseas contingency operations' means 
        military operations outside the United States and its 
        Commonwealths and possessions that are--
                    ``(A) a contingency operation, as that term is 
                defined in subparagraph (A) of section 101(a)(13) of 
                this title; or
                    ``(B) a contingency operation, as that term is 
                defined in subparagraph (B) of such section, but only 
                if such operation involves actual or potential 
                hostilities against an enemy of the United States or 
                against an opposing military force.''.
    (b) Department of State.--
            (1) In general.--The Secretary of State shall establish and 
        implement a management structure for the procurement of 
        contract services for the Department of State.
            (2) Elements.--The management structure required by this 
        subsection shall include such elements of the management 
        structure for the procurement of contract services for the 
        Department of Defense under section 2330 of title 10, United 
        States Code (as amended by subsection (a)), as the Secretary of 
        State considers appropriate for the procurement of contract 
        services.
            (3) Discharge of principal responsibilities.--Any 
        responsibility in the management structure for the procurement 
        of contract services for the Department of State under this 
        subsection that is derived from a responsibility discharged by 
        the Under Secretary of Defense for Acquisition, Technology, and 
        Logistics under section 2330 of title 10, United States Code 
        (as so amended), shall be discharged in the management 
        structure under this subsection by the Director of Acquisition 
        and Logistics of the Department of State under section 63 of 
        the State Department Basic Authorities Act of 1956 (as added by 
        section 131(a) of this Act).
    (c) USAID.--
            (1) In general.--The Administrator of the United States 
        Agency for International Development shall establish and 
        implement a management structure for the procurement of 
        contract services for the United States Agency for 
        International Development.
            (2) Elements.--The management structure required by this 
        subsection shall include such elements of the management 
        structure for the procurement of contract services for the 
        Department of Defense under section 2330 of title 10, United 
        States Code (as amended by subsection (a)), as the 
        Administrator considers appropriate for the procurement of 
        contract services.
            (3) Discharge of principal responsibilities.--Any 
        responsibility in the management structure for the procurement 
        of contract services for the United States Agency for 
        International Development under this subsection that is derived 
        from a responsibility discharged by the Under Secretary of 
        Defense for Acquisition, Technology, and Logistics under 
        section 2330 of title 10, United States Code (as so amended), 
        shall be discharged in the management structure under this 
        subsection by the Director of Acquisition and Assistance of the 
        United States Agency for International Development under 
        section 131(b) of this Act.
    (d) Contract Services Defined.--In this section the term ``contract 
services'' includes all services acquired from private sector entities 
by or for an agency, including services in support of activities of the 
agency in connection with overseas contingency operations.
    (e) Reports to Congress.--
            (1) Reports required.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of Defense, 
        the Secretary of State, and the Administrator of the United 
        States Agency for International Development shall each submit 
        to the appropriate committees of Congress a report on the 
        implementation by the department or agency concerned of this 
        section and the amendments made by this section, as applicable.
            (2) Elements for department of state and usaid.--The report 
        of the Secretary of State and the Administrator of the United 
        States Agency for International Development under this 
        subsection shall each set forth the following:
                    (A) A comprehensive description of the management 
                structure established and implemented by the department 
                or agency, as the case may be, under this section.
                    (B) An identification of any elements of the 
                management structure of the Department of Defense under 
                section 2330 of title 10, United States Code (as 
                amended by subsection (a)), that are not included in 
                the management structure of the department or agency, 
                as the case may be, and a justification for the 
                omission of such elements.
                    (C) An identification of any elements of the 
                management structure of the department or agency, as 
                the case may be, that are not included in the 
                management structure of the Department of Defense, and 
                a justification for the inclusion of such elements.

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.

    (a) In General.--Each administering official shall take appropriate 
actions to ensure that the requirements and limitations set forth in 
subsection (b) apply to each suspension and debarment official under 
the jurisdiction of such administering official and are complied with.
    (b) Covered Requirements and Limitations.--The requirements and 
limitations set forth in this subsection with respect to a suspension 
and debarment official are as follows:
            (1) There shall be not less than one suspension and 
        debarment official for each department or agency concerned.
            (2) A suspension and debarment official may not be located 
        or co-located within the acquisition office of the department 
        or agency concerned.
            (3) The sole duties of a suspension and debarment official 
        shall be as follows:
                    (A) The direction, management, and oversight of 
                suspension and debarment activities.
                    (B) Membership on the Interagency Committee on 
                Debarment and Suspension, including submittal of 
                periodic reports on the suspension and debarment 
                activities of such official to the Committee for 
                purposes fulfilling the requirements of the Committee 
                for reports to Congress on suspension and debarment 
                activities of the Federal Government required by 
                section 873 of the Duncan Hunter National Defense 
                Authorization Act for Fiscal Year 2009 (Public Law 110-
                417; 122 Stat. 4557; 31 U.S.C. 6101 note).
            (4) Each official shall have a staff and resources adequate 
        for the discharge of the suspension and debarment activities of 
        such official.
            (5) The sole duties of the staff of each official under 
        paragraph (4) shall be suspension and debarment activities.
            (6) Each official shall adopt and comply with guidance on 
        policies and procedures for suspension and debarment 
        activities. The guidance adopted under this paragraph shall be 
        subject to the approval of the administering official 
        concerned. The guidance shall, to the extent practicable, be 
        uniform across the department or agency concerned.
            (7) Each official shall adopt and implement policies on 
        training and uniform practices for referrals of suspension and 
        debarment matters. The policies adopted under this paragraph 
        shall be subject to the approval of the administering official 
        concerned.
            (8) The reports of each official to the Interagency 
        Committee on Debarment and Suspension on the suspension and 
        debarment activities of such official shall include, in 
        addition to any information required by section 873 of the 
        Duncan Hunter National Defense Authorization Act for Fiscal 
        Year 2009, a description of the basis for any final decision 
        declining to pursue suspension or debarment and information on 
        any administrative agreements in lieu of suspension or 
        debarment entered into by such office during the period covered 
        by such reports.
    (c) Construction of Location Limitation.--Nothing in subsection 
(b)(2) shall be construed as authorizing a reduction in the number of 
suspension and debarment officials at the Department of Defense, the 
military departments, the Department of State, or the United States 
Agency for International Development from the number at the applicable 
agency as of the date of the enactment of this Act.
    (d) Definitions.--In this section:
            (1) The term ``administering official'' means the 
        following:
                    (A) The Secretary of Defense, with respect to the 
                Department of Defense.
                    (B) The Secretary of the Army, with respect to the 
                Department of the Army.
                    (C) The Secretary of the Navy, with respect to the 
                Department of the Navy.
                    (D) The Secretary of the Air Force, with respect to 
                the Department of the Air Force.
                    (E) The Secretary of State, with respect to the 
                Department of State.
                    (F) The Administrator of the United States Agency 
                for International Development, with respect to the 
                United States Agency for International Development.
            (2) The term ``Interagency Committee on Debarment and 
        Suspension'' means the committee constituted under sections 4 
        and 5 of Executive Order No. 12549.
    (e) Duties of Interagency Committee on Debarment and Suspension.--
Section 873 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, including 
                with respect to contracts in connection with overseas 
                contingency operations'' before the semicolon; and
                    (B) in paragraph (7)--
                            (i) in subparagraph (B), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(D) all information on suspensions, debarments, 
                and administrative agreements included in the report 
                that do not appear in the Federal Awardee Performance 
                and Integrity Information System required by section 
                2313 of title 41, United States Code.''; and
            (2) by striking subsection (b) and inserting the following 
        new subsections:
    ``(b) Date of Submittal of Annual Reports.--The annual report 
required by subsection (a)(7) shall be submitted not later than 180 
days after the date of the enactment of the Comprehensive Contingency 
Contracting Reform Act of 2012, and annually thereafter.
    ``(c) Definitions.--In this section:
            ``(1) The term `overseas contingency operations' means 
        military operations outside the United States and its 
        territories and possessions that are--
                    ``(A) a contingency operation, as that term is 
                defined in subparagraph (A) of section 101(a)(13) of 
                title 10, United States Code; or
                    ``(B) a contingency operation, as that term is 
                defined in subparagraph (B) of section 101(a)(13) of 
                title 10, United States Code, but only if such 
                operation involves actual or potential hostilities 
                against an enemy of the United States or against an 
                opposing military force.
            ``(2) The term `Interagency Committee on Debarment and 
        Suspension' means the committee constituted under sections 4 
        and 5 of Executive Order No. 12549.''.

SEC. 113. ADDITIONAL BASES FOR SUSPENSION OF CONTRACTORS FROM 
              CONTRACTING WITH THE FEDERAL GOVERNMENT.

    Not later than 90 days after the date of the enactment of this Act, 
the Federal Acquisition Regulatory Council shall amend the Federal 
Acquisition Regulation to provide for the automatic suspension of a 
contractor from contracting with the Federal Government in the event of 
the following:
            (1) A charge by indictment or information of the contractor 
        on a Federal offense relating to the performance of a contract 
        with the Department of Defense, the Department of State, or the 
        United States Agency for International Development in 
        connection with an overseas contingency operation.
            (2) A final determination by the head of a contracting 
        agency of the Department of Defense, the Department of State, 
        or the United States Agency for International Development that 
        the contractor has failed to pay or refund amounts due or owed 
        to the Federal Government in connection with an overseas 
        contingency operation.
            (3) A charge by the Federal Government in a civil or 
        criminal proceeding alleging fraudulent actions on the part of 
        the contractor, whether by an employee, affiliate, or 
        subsidiary of the contractor or any business owned or 
        controlled by the contractor, on any contract with the Federal 
        Government whether or not in connection with an overseas 
        contingency operation.

               Subtitle C--Department of Defense Matters

SEC. 121. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR CONTRACT 
              SUPPORT FOR OVERSEAS CONTINGENCY OPERATIONS.

    (a) Responsibility.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        prescribe in regulations the chain of authority and 
        responsibility within the Department of Defense for policy, 
        planning, and execution of contract support for overseas 
        contingency operations.
            (2) Elements.--The regulations under paragraph (1) shall, 
        at a minimum--
                    (A) specify the officials, offices, and components 
                of the Department within the chain of authority and 
                responsibility described in paragraph (1);
                    (B) identify for each official, office, and 
                component specified under subparagraph (A)--
                            (i) requirements for policy, planning, and 
                        execution of contract support for overseas 
                        contingency operations, including, at a 
                        minimum, requirements in connection with--
                                    (I) coordination of functions, 
                                authorities, and responsibilities 
                                related to operational contract support 
                                for overseas contingency operations;
                                    (II) assessments of total force 
                                data in support of Department force 
                                planning scenarios, including the 
                                appropriateness of and necessity for 
                                the use of contractors for identified 
                                functions;
                                    (III) determinations of capability 
                                requirements for non-acquisition 
                                community operational contract support, 
                                and identification of resources 
                                required for planning, training, and 
                                execution to meet such requirements;
                                    (IV) determinations of policy 
                                regarding the use of contractors by 
                                function, and identification of the 
                                training exercises that will be 
                                required for contract support 
                                (including an assessment whether or not 
                                such exercises will include 
                                contractors); and
                                    (V) establishment of an inventory, 
                                and identification of areas of high-
                                risk and trade-offs, for use of 
                                contract support in overseas 
                                contingency operations and for areas in 
                                which members of the Armed Forces will 
                                be used in such operations instead of 
                                contract support; and
                            (ii) roles, authorities, responsibilities, 
                        and lines of supervision for the achievement of 
                        the requirements identified under clause (i), 
                        including the position within the chain of 
                        authority and responsibility described in 
                        paragraph (1) with responsibility for reporting 
                        directly to the Secretary regarding policy, 
                        planning, and execution of contract support for 
                        overseas contingency operations; and
                    (C) ensure that the chain of authority and 
                responsibility described in paragraph (1) is 
                appropriately aligned with, and appropriately 
                integrated into, the structure of the Department for 
                the conduct of overseas contingency operations, 
                including the military departments, the Joint Staff, 
                and the commanders of the unified combatant commands.
    (b) Secretary of Defense Report.--Not later than one year after the 
date of the enactment of this Act, the Secretary shall submit to the 
appropriate committees of Congress a report on the regulations 
prescribed under subsection (a). The report shall set forth the 
following:
            (1) The regulations.
            (2) A comprehensive description of the requirements 
        identified under clause (i) of subsection (a)(2)(B), and a 
        comprehensive description of the manner in which the roles, 
        authorities, responsibilities, and lines of supervision under 
        clause (ii) of that subsection will further the achievement of 
        such requirements.
            (3) A comprehensive description of the manner in which the 
        regulations will meet the requirements in subsection (a)(2)(C).
    (c) Comptroller General Report.--Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate committees of Congress a 
report on the regulations prescribed under subsection (a). The report 
shall set forth an assessment by the Comptroller General of the extent 
to which the regulations will further the achievement by the Department 
of Defense of efficient and effective policy, planning, and execution 
of contract support for overseas contingency operations.
    (d) Annual Reports on Contract Support for Overseas Contingency 
Operations.--
            (1) In general.--Upon the commencement or designation of a 
        military operation as an overseas contingency operation that 
        exceeds 30 days, and annually thereafter until the termination 
        of the operation, the commander of the combatant command having 
        principal responsibility for the operation shall, in 
        consultation with the Secretary of Defense, submit to the 
        appropriate committees of Congress a report on contract support 
        for the operation.
            (2) Elements.--Each report under paragraph (1) regarding an 
        operation shall set forth the following:
                    (A) A description and assessment of the policy, 
                planning, management, and oversight of the Department 
                with respect to contract support for the operation.
                    (B) With respect to contracts entered into in 
                connection with the operation:
                            (i) The total number of contracts entered 
                        into as of the date of such report.
                            (ii) The total number of such contracts 
                        that are active as of such date.
                            (iii) The total value of contracts entered 
                        into as of such date.
                            (iv) The total value of such contracts that 
                        are active as of such date.
                            (v) An identification of the extent to 
                        which the contracts entered into as of such 
                        date were entered into using competitive 
                        procedures.
                            (vi) The total number of contractor 
                        personnel working under contracts entered into 
                        as of the end of each calendar quarter during 
                        the one-year period ending on such date.
                            (vii) The total number of contractor 
                        personnel performing security functions under 
                        contracts entered into as of the end of each 
                        calendar quarter during the one-year period 
                        ending on such date.
                            (viii) The total number of contractor 
                        personnel killed or wounded under any contracts 
                        entered into.
                    (C) The sources of information and data used to 
                prepare the portion of such report required by 
                subparagraph (B).
                    (D) A description of any known limitations of the 
                information or data reported under subparagraph (B), 
                including known limitations in methodology or data 
                sources.
                    (E) Any plans for strengthening collection, 
                coordination, and sharing of information on contracts 
                entered into in connection with the operation.
            (3) Estimates.--In determining the total number of 
        contractor personnel working under contracts for purposes of 
        paragraph (2)(B)(vi), the commander of the combatant command 
        concerned may use estimates for any category of contractor 
        personnel for which the commander determines it is not feasible 
        to provide an actual count. Each report under paragraph (1) 
        shall fully disclose the extent to which such an estimate is 
        used in lieu of an actual count.
            (4) Prohibition on preparation by contractor personnel.--A 
        report under this subsection may not be prepared by contractor 
        personnel.

SEC. 122. INCLUSION OF CONTRACT SUPPORT IN CERTAIN DEPARTMENT OF 
              DEFENSE PLANNING REQUIREMENTS.

    (a) Readiness Reporting System.--Section 117(c) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(8) Measure, on a quarterly basis, the capability of 
        operational contract support to support current and anticipated 
        wartime missions of the armed forces.''.
    (b) Contingency Planning and Preparedness Functions of CJCS.--
Section 153(a)(3) of such title is amended by adding at the end the 
following new subparagraph:
            ``(E) In coordination with the Under Secretary of Defense 
        for Acquisition, Technology, and Logistics, the Secretaries of 
        the military departments, the heads of the Defense Agencies, 
        and the commanders of the combatant commands, determining the 
        operational contract support requirements of the armed forces 
        and recommending the resources required to improve and enhance 
        operational contract support for the armed forces and planning 
        for such operational contract support.''.

SEC. 123. INCLUSION OF MATTERS RELATING TO CONTINGENCY OPERATIONS IN 
              JOINT PROFESSIONAL MILITARY EDUCATION.

    (a) In General.--Section 2151(a) of title 10, United States Code, 
is amended by adding at the end the following new paragraph:
            ``(6) Contingency operations.''.
    (b) Curriculum for Three-Phase Approach.--Section 2154 of such 
title is amended by adding at the end the following new subsection:
    ``(c) Curriculum Relating to Contingency Operations.--(1) The 
curriculum for each phase of joint professional military education 
implemented under this section shall include content appropriate for 
such phase on the following:
            ``(A) Requirements definition.
            ``(B) Contingency program management.
            ``(C) Contingency contracting.
            ``(D) The strategic impact of contracting costs on military 
        missions.
    ``(2) In this subsection, the terms `requirements definition', 
`contingency program management', and `contingency contracting' have 
the meaning given those terms in section 2333(f) of this title.''.

      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.

    (a) Office of Acquisition and Logistics Within Department of 
State.--
            (1) Establishment.--Title I of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by 
        adding at the end the following new section:

``SEC. 63. OFFICE OF ACQUISITION AND LOGISTICS.

    ``(a) Establishment.--There is established within the Department of 
State the Office of Acquisition and Logistics.
    ``(b) Director of Acquisition and Logistics.--
            ``(1) In general.--The head of the Office of Acquisition 
        and Logistics shall be the Director of Acquisition and 
        Logistics, who shall be appointed or designated by the 
        Secretary in the manner provided in section 1702(a) of title 
        41, United States Code.
            ``(2) Supervision.--The Director of the Office of 
        Acquisition and Logistics shall report directly to the 
        Secretary regarding the functions and activities of the Office 
        of Acquisition and Logistics. The Director shall also be 
        subject to the supervision of the Deputy Secretary of State for 
        Management and Resources regarding such functions and 
        activities. The Office shall be under the jurisdiction of the 
        Under Secretary of State for Management for administrative 
        purposes and to facilitate collaboration with other offices and 
        bureaus of the Department of State.
            ``(3) Chief acquisition officer.--The Director of the 
        Office of Acquisition and Logistics shall be the Chief 
        Acquisition Officer of the Department of State for purposes of 
        section 1702 of title 41, United States Code.
    ``(c) Functions of Office.--The functions of the Office of 
Acquisition and Logistics shall include principal responsibility within 
the Department of State for the acquisition, procurement, and logistics 
management activities of the Department, including, but not limited to, 
the following:
            ``(1) The development and implementation of Department 
        policies regarding acquisition, procurement, and logistics 
        management.
            ``(2) The provision of advice to offices, bureaus, and 
        other elements of the Department on the acquisition, 
        procurement, and logistics management policies of the 
        Department.
            ``(3) The direction, management, and oversight of 
        acquisition and procurement by the offices, bureaus, and other 
        elements of the Department, including the regional procurement 
        offices of the Department.
            ``(4) The direction, management, and oversight of the 
        performance of contracting activities for Department 
        operations.
            ``(5) Such other matters relating to the acquisition, 
        procurement, and logistics management activities of the 
        Department as the Secretary considers appropriate.
    ``(d) Resources.--The Office of Acquisition and Logistics shall 
have such personnel and other resources as the Secretary considers 
appropriate to discharge its functions.''.
            (2) Transfer of certain functions, personnel, and 
        resources.--There is hereby transferred to the Office of 
        Acquisition and Logistics of the Department of State 
        established by section 63 of the State Department Basic 
        Authorities Act of 1956 (as added by paragraph (1)) the 
        following:
                    (A) The functions, personnel, and resources of the 
                Office of the Procurement Executive of the Bureau of 
                Administration of the Department of State as of the 
                date of the enactment of this Act.
                    (B) The functions, personnel, and resources of the 
                Office of the Logistics Management of the Bureau of 
                Administration of the Department of State as of the 
                date of the enactment of this Act.
            (3) Administration.--The Under Secretary of State for 
        Management shall administer the functions, personnel, and 
        resources transferred under paragraph (2) as part of the Office 
        of Acquisition and Logistics of the Department of State (as so 
        established).
    (b) Office of Acquisition and Assistance Within USAID.--
            (1) Establishment.--There is established within the United 
        States Agency for International Development the Office of 
        Acquisition and Assistance.
            (2) Director.--
                    (A) In general.--The head of the Office of 
                Acquisition and Assistance shall be the Director of 
                Acquisition and Assistance, who shall be appointed or 
                designated by the Administrator of the United States 
                Agency for International Development in the manner 
                provided for appointments or designations of chief 
                acquisition officers under section 1702(a) of title 41, 
                United States Code.
                    (B) Supervision.--The Director of Acquisition and 
                Assistance shall report directly to the Administrator 
                of the United States Agency for International 
                Development regarding the functions and activities of 
                the Office of Acquisition and Assistance.
                    (C) Chief acquisition officer.--The Director of 
                Acquisition and Assistance shall be the Chief 
                Acquisition Officer of the United States Agency for 
                International Development, and shall discharge for the 
                Agency the functions specified of a chief acquisition 
                officer in section 1702(b) of title 41, United States 
                Code.
            (3) Function of office.--The Office of Acquisition and 
        Assistance shall be the element of the United States Agency for 
        International Development principally responsible for the 
        direction, management, and oversight of the acquisition and 
        procurement activities of the Agency for International 
        Development.
            (4) Resources.--The Office of Acquisition and Assistance 
        shall have the personnel and resources as follows:
                    (A) The personnel and resources of the Office of 
                Acquisition and Assistance of the Bureau for Management 
                of the United States Agency for International 
                Development as of the date of the enactment of this 
                Act, which personnel and resources the Administrator 
                shall transfer to the Office of Acquisition and 
                Assistance established by this subsection.
                    (B) Such other personnel and resources as the 
                Administrator considers appropriate for the discharge 
                of the functions of the Office of Acquisition and 
                Assistance.
    (c) Annual Reports on Contract Support for Overseas Contingency 
Operations.--
            (1) In general.--Upon the commencement or designation of a 
        military operation as an overseas contingency operation that 
        exceeds 30 days, and annually thereafter until the termination 
        of the operation, the Secretary of State and the Administrator 
        of the United States Agency for International Development shall 
        each submit to the appropriate committees of Congress a report 
        on contract support, if any, of such agency for the operation.
            (2) Discharge.--The Secretary of State shall submit the 
        reports required by paragraph (1) through the Director of 
        Acquisition and Logistics of the Department of State under 
        section 63 of the State Department Basic Authorities Act of 
        1956 (as added by subsection (a)). The Administrator of the 
        United States Agency for International Development shall submit 
        the reports required by paragraph (1) through the Director of 
        Acquisition and Assistance of the United States Agency for 
        International Development under subsection (b).
            (3) Elements.--Each report of an agency under paragraph (1) 
        regarding an operation shall set forth the following:
                    (A) A description and assessment of the policy, 
                planning, management, and oversight of the agency with 
                respect to contract support for the operation.
                    (B) With respect to contracts entered into in 
                connection with the operation:
                            (i) The total number of contracts entered 
                        into as of the date of such report.
                            (ii) The total number of such contracts 
                        that are active as of such date.
                            (iii) The total value of contracts entered 
                        into as of such date.
                            (iv) The total value of such contracts that 
                        are active as of such date.
                            (v) An identification of the extent to 
                        which the contracts entered into as of such 
                        date were entered into using competitive 
                        procedures.
                            (vi) The total number of contractor 
                        personnel working under contracts entered into 
                        as of the end of each calendar quarter during 
                        the one-year period ending on such date.
                            (vii) The total number of contractor 
                        personnel performing security functions under 
                        contracts entered into as of the end of each 
                        calendar quarter during the one-year period 
                        ending on such date.
                            (viii) The total number of contractor 
                        personnel killed or wounded under any contracts 
                        entered into.
                    (C) The sources of information and data used to 
                prepare the portion of such report required by 
                subparagraph (B).
                    (D) A description of any known limitations of the 
                information or data reported under subparagraph (B), 
                including known limitations in methodology or data 
                sources.
                    (E) Any plans for strengthening collection, 
                coordination, and sharing of information on contracts 
                entered into in connection with the operation.
            (4) Estimates.--In determining the total number of 
        contractor personnel working under contracts for purposes of 
        paragraph (3)(B)(vi), the Secretary or the Administrator may 
        use estimates for any category of contractor personnel for 
        which the commander determines it is not feasible to provide an 
        actual count. Each report under paragraph (2) shall fully 
        disclose the extent to which such an estimate is used in lieu 
        of an actual count.
            (5) Prohibition on preparation by contractor personnel.--A 
        report under this subsection may not be prepared by contractor 
        personnel.

SEC. 132. INCLUSION OF CONTRACT SUPPORT IN CERTAIN DEPARTMENT OF STATE 
              PLANNING ACTIVITIES.

    (a) QDDR.--Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by section 131(a) of this 
Act, is further amended by adding at the end the following new section:

``SEC. 64. QUADRENNIAL DIPLOMACY AND DEVELOPMENT REVIEW.

    ``(a) Review Required.--The Secretary shall, every four years 
during a year following a year evenly divisible by four, conduct a 
comprehensive examination (to be known as the `quadrennial diplomacy 
and development review') of the diplomatic and overseas development 
strategy of the United States with a view toward determining and 
expressing the diplomatic and overseas development strategy of the 
United States for the next 20 years.
    ``(b) Elements.--Each quadrennial diplomacy and development review 
shall include the following:
            ``(1) The matters included in the quadrennial diplomacy and 
        development review conducted by the Department of State in 
        2010, as modified from time to time by the Secretary.
            ``(2) With respect to contract support of the diplomatic 
        and overseas development strategy of the United States, the 
        following:
                    ``(A) The assumptions used in the review on the 
                roles and responsibilities that would be discharged by 
                contractors.
                    ``(B) The contract support required to support the 
                programs and activities of the Department.
                    ``(C) The appropriate ratio of Department personnel 
                to contractor personnel in the discharge of the 
                programs and activities of the Department.
            ``(3) Such other matters as the Secretary considers 
        appropriate.
    ``(c) Prohibition on Performance by Contractor Personnel.--A 
quadrennial diplomacy and development review under this section may not 
be performed by contractor personnel.''.
    (b) Contractor Readiness Reporting.--
            (1) Reporting system required.--As part of the planning of 
        the Department of State for the discharge of the programs and 
        activities of the Department, the Secretary of State shall 
        establish a reporting system on the readiness of the 
        contractors of the Department to support the Department in the 
        discharge of its programs and activities.
            (2) Elements.--The reporting system required by this 
        subsection shall do the following:
                    (A) Measure, on a quarterly basis, the capability 
                of contract support of the Department to support 
                current and anticipated programs and activities of the 
                Department.
                    (B) Measure, on such frequency as the Secretary 
                shall specify, such other matters with respect to 
                contract support of the Department as the Secretary 
                considers appropriate for the reporting system.

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.

    (a) Professional Education Required.--The Secretary of State shall 
develop and administer for Department of State personnel specified in 
subsection (b) a course of professional education on acquisition by the 
Department of State for Department of State support for, and 
participation in, overseas contingency operations of the Department of 
Defense.
    (b) Covered Department of State Personnel.--The Department of State 
personnel specified in this subsection are as follows:
            (1) The Director of Acquisition and Logistics of the 
        Department of State under section 63 of the State Department 
        Basic Authorities Act of 1956 (as added by section 131(a) of 
        this Act).
            (2) Personnel of the Department designated by the Director 
        of Acquisition and Logistics, including contracting officers 
        and other contracting personnel.
            (3) Such other personnel of the Department as the Secretary 
        of State shall designate for purposes of this section.
    (c) Elements.--
            (1) Curriculum content.--The course of professional 
        education under this section shall include appropriate content 
        on the following:
                    (A) Contingency contracting.
                    (B) Contingency program management.
                    (C) The strategic impact of contracting costs on 
                the mission and activities of the Department of State.
                    (D) Such other matters relating to acquisition by 
                the Department of State for Department of State support 
                for, or participation in, overseas contingency 
                operations of the Department of Defense as the 
                Secretary of State considers appropriate.
            (2) Phased approach.--The course of professional education 
        may be broken into two or more phases of professional education 
        with curriculum or modules of education suitable for the 
        Department of State personnel specified in subsection (b) at 
        different phases of professional advancement within the 
        Department.
    (d) Definitions.--In this section:
            (1) The term ``contingency contracting'' means all stages 
        of the process of acquiring property or services by the 
        Department of State for Department of State support for, and 
        participation in, overseas contingency operations of the 
        Department of Defense.
            (2) The term ``contingency program management'' means the 
        process of planning, organizing, staffing, controlling, and 
        leading specific acquisition programs and activities of the 
        Department of State for Department of State support for, and 
        participation in, overseas contingency operations of the 
        Department of Defense.

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.

    (a) Limitation on Contract Periods.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Federal Acquisition Regulatory 
        Council shall amend the Federal Acquisition Regulation to 
        provide that, commencing 180 days after the date of the 
        commencement or designation of a military operation as an 
        overseas contingency operation, the contract period of 
        contracts entered into by a covered agency in connection with 
        such contingency operation shall be limited to the contract 
        periods specified in paragraph (2), except as provided in 
        paragraph (3).
            (2) Contract periods.--The contract periods specified in 
        this paragraph are as follows:
                    (A) Three years in the case of competitively bid 
                contracts.
                    (B) One year in the case of non-competitively bid 
                contracts and competitively bid contracts for which 
                only one offer was received by the covered agency.
            (3) Waiver.--The amendment of the Federal Acquisition 
        Regulation required by this subsection shall provide that the 
        head of a covered agency may waive the applicability of the 
        limitations in paragraph (2) to a contract if--
                    (A) the contracting officer certifies in writing as 
                part of a justification and approval (J&A) that the 
                agency has concluded, on the basis of market research 
                conducted for purposes of the justification and 
                approval, that--
                            (i) the period of performance for the 
                        contract in excess of the limitations in 
                        paragraph (2) will be in the best interest of 
                        the United States; and
                            (ii) the offeror has submitted information 
                        in a bid or proposal sufficient to show that 
                        representations by the offeror about the 
                        offeror's ability to timely, sufficiently, and 
                        cost-effectively perform the contract, if 
                        awarded, are reasonable;
                    (B) the contracting officer conducts the cost 
                analysis required by section 15.404-1 of the Federal 
                Acquisition Regulation; and
                    (C) the head of the agency determines in writing 
                based on the information obtained pursuant to 
                subparagraphs (A) and (B) that the waiver is in the 
                best interests of the United States.
    (b) Limitation on Subcontracting Tiers for Service Contracts.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Federal Acquisition Regulatory 
        Council shall amend the Federal Acquisition Regulation to 
        provide that, commencing 180 days after the date of the 
        commencement or designation of a military operation as an 
        overseas contingency operation, any contract for services 
        entered into by a covered agency in connection with such 
        contingency operation may only have a single tier of 
        subcontractors, except as provided in paragraph (2).
            (2) Waiver.--The amendment of the Federal Acquisition 
        Regulation required by this subsection shall provide that the 
        head of a covered agency may waive the applicability of the 
        limitation in paragraph (1) to a contract if--
                    (A) the contracting officer includes in the 
                contract a provision for liquidated damages (in an 
                amount specified by the contracting officer in the 
                contract) in favor of the United States in the event a 
                subcontractor under the contract at any tier is 
                determined by the contracting officer to have acted in 
                the performance of the contract in a manner that is 
                illegal or unethical or harms the strategic political 
                or military goals of the United States;
                    (B) the contracting officer certifies in writing a 
                justification and approval that the agency has 
                concluded, on the basis of market research conducted 
                for purposes of the justification and approval, that, 
                if the contract is performed in component parts, no 
                combination of contractors within the market exist that 
                could perform the contract either by prime contractor 
                alone or through the use of subcontractors only at a 
                single tier; and
                    (C) the head of the agency determines in writing 
                based on the information obtained pursuant to 
                subparagraphs (A) and (B) that the waiver is in the 
                best interests of the United States.
    (c) Covered Agency Defined.--In this section, the term ``covered 
agency'' means the following:
            (1) The Department of Defense.
            (2) The Department of State.
            (3) The United States Agency for International Development.

SEC. 202. PERFORMANCE OF CERTAIN SECURITY FUNCTIONS IN OVERSEAS AREAS 
              OF OVERSEAS CONTINGENCY OPERATIONS.

    (a) Annual Review of Performance of Functions.--
            (1) In general.--Not later than one year after the 
        commencement or designation of a military operation as an 
        overseas contingency operation, and annually thereafter until 
        the termination of the operation, the Secretary of Defense and 
        the Secretary of State shall each conduct a review of the 
        performance of covered security functions for the Department of 
        Defense and the Department of State, as the case may be, in the 
        overseas areas of the operation. Each review shall incorporate 
        the results of the most recent risk analysis conducted with 
        respect to the operation concerned under subsection (b).
            (2) Submittal to congress.--Each review conducted under 
        this subsection shall be submitted to the appropriate 
        committees of Congress not later than 30 days after the 
        completion of such review.
    (b) Risk Analyses of Performance of Functions by Contractor 
Personnel.--
            (1) In general.--Not later than six months after the 
        commencement or designation of a military operation as an 
        overseas contingency operation, and annually thereafter until 
        the termination of the operation, the commander of the 
        combatant command having principal responsibility for the 
        conduct of the operation shall determine, in consultation with 
        the Secretary of Defense or the Secretary of State (as 
        applicable), whether the performance by contractor personnel of 
        any covered security functions for the Department of Defense or 
        the Department of State in overseas areas of the operation 
        after the date of such determination is appropriate and 
        necessary.
            (2) Determination through risk analysis.--Each 
        determination under this subsection shall be made using a risk 
        analysis meeting the requirements of Department of Defense 
        Instruction 1100.22, or a successor instruction.
            (3) Information on identified functions.--If the 
        performance of any covered security function by contractor 
        personnel is determined under this subsection to be appropriate 
        and necessary, the review incorporating the risk analysis 
        submitted under subsection (a)(2) shall set forth the security 
        functions or functions concerned and the reasons for the 
        determination.
            (4) Prohibition on performance of risk analyses by 
        contractor personnel.--A risk analysis under this subsection 
        may not be performed by contractor personnel.
    (c) Incorporation Into Policies and Planning on OCOs.--The results 
of the reviews required by subsection (a) shall be incorporated into 
the policies and planning of the Department of Defense and the 
Department of State for the conduct of overseas contingency operations.
    (d) Temporary Employment Authority.--
            (1) In general.--If the performance by contractor personnel 
        of any covered security functions for the Department of Defense 
        or the Department of State in overseas areas of an overseas 
        contingency operation is terminated, either as a whole or in 
        part, as a result of a determination under subsection (b), the 
        Secretary of Defense or the Secretary of State (as applicable) 
        may, using the authority in section 3161 of title 5, United 
        States Code (as amended by subsection (e)), appoint to 
        positions of employment in the Department of Defense or the 
        Department of State, as the case may be, such personnel 
        described in paragraph (2) as are necessary for the performance 
        of such functions for the Department of Defense or the 
        Department of State, as the case may be, in the overseas areas 
        of the operation.
            (2) Covered personnel.--The personnel described in this 
        paragraph are the following:
                    (A) In the case of the Department of State, 
                diplomatic security personnel.
                    (B) Law enforcement personnel of the United States 
                Government.
    (e) Conforming Amendment.--Section 3161 of title 5, United States 
Code (as amended by section 103(b) of this Act), is further amended by 
adding at the end the following new subsection:
    ``(k) Security Functions for Overseas Contingency Operations.--(1) 
In addition to the meaning given that term in subsection (a), the term 
`temporary organization' for purposes of this subchapter means the 
Department of Defense and the Department of State for purposes of the 
performance of security functions in overseas areas of an overseas 
contingency operation pursuant to section 202(d) of the Comprehensive 
Contingency Contracting Reform Act of 2012.
    ``(2) A department specified in paragraph (1) may be treated as a 
temporary organization under that paragraph for purposes of an overseas 
contingency operation only during the duration of the operation.''.
    (f) Definitions.--In this section:
            (1) The term ``contractor personnel'' means any person 
        performing work under contract for the Department of Defense or 
        the Department of State, including individuals and 
        subcontractors at any tier, in an overseas area of an overseas 
        contingency operation.
            (2) The term ``covered security functions'' means the 
        following:
                    (A) Mobile security functions.
                    (B) Personal security functions.
                    (C) Static security functions.
            (3) The term ``mobile security functions'' includes the 
        protection of convoys.
            (4) The term ``personal security functions'' includes the 
        provision of security escorts and personal security details.
            (5) The term ``static security functions'' includes the 
        protection of fixed or static sites such as housing areas, 
        reconstruction work sites, and Government buildings and 
        facilities.

SEC. 203. JUSTIFICATION AND APPROVAL FOR SOLE-SOURCE CONTRACTS OF 
              UNUSUAL AND COMPELLING URGENCY EXCEPTION TO CONTRACT 
              AWARD THROUGH COMPETITIVE PROCEDURES.

    (a) Department of Defense and Related Agencies.--Section 2304(c)(2) 
of title 10, United States Code, is amended by inserting before the 
semicolon at the end the following: ``, except that in any case in 
which the agency solicits a bid or proposal from only one source, the 
head of an agency may only use the authority in this paragraph if the 
contracting officer certifies in writing a justification and approval 
(J&A) of the reasons necessary for using this authority to solicit a 
bid or proposal from only one source, and such certifications are 
compiled and submitted annually in a report to the Committee on Armed 
Services, the Committee on Foreign Relations, the Committee on Homeland 
Security and Governmental Affairs, and the Committee on Appropriations 
of the Senate and the Committee on Armed Services, the Committee on 
Foreign Affairs, the Committee on Oversight and Government Reform, and 
the Committee on Appropriations of the House of Representatives''.
    (b) Other Executive Agencies.--Section 3304(a)(2) of title 41, 
United States Code, is amended by inserting before the semicolon at the 
end the following: ``, except that in any case in which the agency 
solicits a bid or proposal from only one source, the head of an agency 
may only use the authority in this paragraph if the contracting officer 
certifies in writing, a justification and approval (J&A) of the reasons 
necessary for using this authority to solicit a bid or proposal from 
only one source, and such certifications are compiled and submitted 
annually in a report to the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security and 
Governmental Affairs, and the Committee on Appropriations of the Senate 
and the Committee on Armed Services, the Committee on Foreign Affairs, 
the Committee on Oversight and Government Reform, and the Committee on 
Appropriations of the House of Representatives''.

            Subtitle B--Enhancements of Contracting Process

SEC. 211. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS FOR FEDERAL 
              AGENCIES.

    (a) Executive Agencies Other Than Department of Defense.--The 
Administrator of General Services shall establish and maintain a single 
contract writing system to apply uniformly to all executive agencies, 
other than the Department of Defense and the military departments.
    (b) Department of Defense.--The Secretary of Defense shall 
establish and maintain a single contract writing system to apply 
uniformly to the Department of Defense and all agencies and components 
of the Department, including the military departments.
    (c) Use.--
            (1) Use required.--Subject to paragraph (2), upon the 
        establishment of the contract writing system applicable to the 
        executive agency concerned under subsection (a), the executive 
        agency shall use such contract writing system for all contracts 
        entered into by the executive agency.
            (2) Exception.--An executive agency may use a contract 
        writing system other than the contract writing system otherwise 
        applicable to the executive agency under subsection (a) if the 
        Director of the Office of Management and Budget determines, 
        using a business case analysis conducted for that purpose, that 
        the use of such alternative contract writing system by the 
        executive agency will result in cost savings to the Federal 
        Government.
    (d) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given that term in section 133 of 
title 41, United States Code.

SEC. 212. DATABASE ON PRICES OF ITEMS AND SERVICES UNDER FEDERAL 
              CONTRACTS.

    (a) Database Required.--
            (1) In general.--Chapter 33 of title 41, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3312. Database on prices of items and services under Federal 
              contracts
    ``(a) Database Required.--The Administrator shall establish and 
maintain a database of information on the prices charged the Federal 
Government for items and services under contracts with the Federal 
Government. The information in the database shall be designed to assist 
Federal acquisition officials in the following:
            ``(1) Monitoring developments in the prices of items and 
        services charged the Federal Government under contracts with 
        the Federal Government.
            ``(2) Conducting pricing or cost analyses for items and 
        services under offers for contracts with the Federal 
        Government, or otherwise conducting determinations of the 
        reasonableness of prices for items and services under such 
        offers.
    ``(b) Use.--The database under subsection (a) shall be available to 
executive agencies in the evaluation of offers for contracts with the 
Federal Government for items and services.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 33 of such title is amended by adding at 
        the end the following new item:

``3312. Database on prices of items and services under Federal 
                            contracts.''.
    (b) Use of Elements of Department of Defense Pilot Project.--In 
establishing the database required by section 3312 of title 41, United 
States Code (as added by subsection (a)), the Administrator of Federal 
Procurement Policy shall use and incorporate appropriate elements of 
the pilot project on pricing of the Department of Defense being carried 
out by the Director of Defense Pricing.

                 Subtitle C--Contractor Accountability

SEC. 221. CONTRACTOR CONSENT TO JURISDICTION FOR CERTAIN CIVIL ACTIONS 
              UNDER CERTAIN CONTRACTS FOR WORK OVERSEAS.

    (a) Consent to Jurisdiction.--The Federal Acquisition Regulatory 
Council shall amend the Federal Acquisition Regulation to require that 
any covered contract provides that--
            (1) the contractor consents to personal jurisdiction over 
        the contractor with respect to any covered civil action, 
        including a covered civil action against one or more employees 
        of the contractor for which the contractor may be liable under 
        theories of vicarious liability;
            (2) the contractor consents to personal jurisdiction in the 
        United States District Court for the District of Columbia for a 
        covered civil action in which--
                    (A) the events giving rise to the cause of action 
                occurred outside the United States; and
                    (B) personal jurisdiction cannot be established in 
                another Federal court;
            (3) consent to personal jurisdiction under paragraph (2) 
        shall not operate to deprive or terminate personal jurisdiction 
        of the contractor in any court that otherwise has personal 
        jurisdiction under another provision of law or to limit any 
        cause of action or remedy under any other provision of law;
            (4) if the covered contract was awarded to a contractor 
        that does not maintain an office in the United States, the 
        contractor shall designate an agent located in the United 
        States for service of process in any covered civil action;
            (5) except as provided in paragraph (6), any covered civil 
        action shall be analyzed in accordance with the laws of the 
        United States; and
            (6) the substantive law of the State (including the 
        District of Columbia) in which the covered civil action is 
        brought shall be the law applicable to a covered civil action 
        if--
                    (A) the substantive law otherwise applicable to the 
                covered civil action would be the law of the location 
                where the events giving rise to the cause action 
                occurred; and
                    (B) the location is designated as a hazardous duty 
                zone by the Secretary of Defense.
    (b) Applicability.--The amendment to the Federal Acquisition 
Regulation made under subsection (a) shall apply with respect to any 
covered contract that is entered into on or after the effective date of 
the amendment under subsection (a).
    (c) Definitions.--In this section:
            (1) The term ``contractor'', with respect to a covered 
        contract, includes the contractor under the contract, any 
        subcontractor under the contract, any subordinate contractor 
        under the contract, any subsidiary, parent company, or 
        successor entity of the contractor formed to act as a successor 
        in interest of the contractor, and any employee thereof 
        performing work under or in connection with the contract.
            (2) The term ``covered civil action'' means the following:
                    (A) A civil action alleging a rape or sexual 
                assault of or serious bodily injury to a member of the 
                Armed Forces of the United States, a civilian employee 
                of the United States, or an employee of a company 
                performing work arising out of the performance of a 
                covered contract for the United States who is a citizen 
                or national of the United States.
                    (B) A civil action alleging the wrongful death of a 
                member of the Armed Forces of the United States, a 
                civilian employee of the United States, or an employee 
                of a company performing work arising out of the 
                performance of a covered contract for the United States 
                who is a citizen or national of the United States 
                brought by a family member of the deceased.
            (3) The term ``covered contract''--
                    (A) means a contract--
                            (i) for work to be performed outside the 
                        United States that is awarded or entered into 
                        by the United States (including any executive 
                        department, agency, or independent 
                        establishment thereof); and
                            (ii) with a value of not less than 
                        $5,000,000; and
                    (B) includes any subcontract or subordinate 
                contract under a contract described in subparagraph 
                (A).
            (4) The term ``rape'' means conduct that would violate 
        section 920(a) of title 10, United States Code (article 120(a) 
        of the Uniform Code of Military Justice), if the conduct was 
        committed by a person subject to chapter 47 of title 10, United 
        States Code (the Uniform Code of Military Justice).
            (5) The term ``serious bodily injury'' has the meaning 
        given that term in section 1365 of title 18, United States 
        Code.
            (6) The term ``sexual assault'' means conduct that would 
        violate section 920 (c), (h), or (m) of title 10, United States 
        Code (article 120 (c), (h), or (m) of the Uniform Code of 
        Military Justice), if the conduct was committed by a person 
        subject to chapter 47 of title 10, United States Code (the 
        Uniform Code of Military Justice).
            (7) The term ``United States'', in a geographic sense--
                    (A) means the several States and the District of 
                Columbia; and
                    (B) does not include any military installation or 
                facility located outside the area described in 
                subparagraph (A).

SEC. 222. COMBATING TRAFFICKING IN PERSONS.

    (a) Fraud in Foreign Labor Contracting.--Section 1351 of title 18, 
United States Code, is amended--
            (1) by inserting ``(a) Work Inside the United States.--'' 
        before ``Whoever knowingly''; and
            (2) by adding at the end the following:
    ``(b) Work Outside the United States.--Whoever knowingly and with 
intent to defraud recruits, solicits, or hires a person outside the 
United States, or causes another person to recruit, solicit, or hire a 
person outside the United States, or attempts to do so, for purposes of 
work performed on a United States Government contract performed outside 
the United States or on a United States Government military 
installation or mission or other property or premises owned or 
controlled by the United States Government by means of materially false 
or fraudulent pretenses, representations, or promises regarding that 
employment shall be fined under this title, imprisoned for not more 
than 5 years, or both.''.
    (b) Termination Provisions for Certain Contracts.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Federal Acquisition Regulatory 
        Council shall amend the Federal Acquisition Regulation to 
        provide that any covered contract entered into by a covered 
        agency shall--
                    (A) include provisions authorizing termination of 
                the contract if the prime contractor, any subcontractor 
                at any tier under the prime contractor, or any labor 
                recruiter or broker employed by the prime or 
                subcontractor at any tier engages in severe forms of 
                trafficking in persons, the procurement of commercial 
                sex acts, or the use of forced labor in the performance 
                of the contract, including--
                            (i) destroying, concealing, removing, or 
                        confiscating an employee's immigration 
                        documents without the employee's consent;
                            (ii) failing to repatriate an employee upon 
                        the end of employment, unless the employee is a 
                        victim of human trafficking seeking victim 
                        services or legal redress in the country of 
                        employment or a witness in a human trafficking 
                        enforcement action;
                            (iii) misrepresenting the location or 
                        occupation of employment to prospective 
                        employees;
                            (iv) charging recruited employees 
                        exorbitant placement fees, including, but not 
                        limited to, fees that violate the laws of the 
                        country from which an employee is recruited, or 
                        fees equal to or greater than the employee's 
                        monthly salary; and
                            (v) any other activities that support or 
                        promote trafficking in persons, the procurement 
                        of commercial sex acts, or the use of forced 
                        labor in the performance of the contract; and
                    (B) require, prior to contract award and annually 
                thereafter during the term of the contract, a 
                certification by the contractor to the covered agency 
                that--
                            (i) neither the contractor nor any 
                        subcontractor, labor recruiter, broker, or 
                        employee under the contract is engaged in any 
                        activities covered by subparagraph (A); and
                            (ii) the contractor has in place 
                        procedures--
                                    (I) to prevent activities described 
                                in subparagraph (A); and
                                    (II) to monitor, detect and 
                                terminate any subcontractor, labor 
                                recruiter, broker, or employee 
                                subsequently found to be engaged in any 
                                activities described in subparagraph 
                                (A) during the course of the contract.
            (2) Definitions.--In this subsection:
                    (A) Covered agency.--The term ``covered agency'' 
                means the following:
                            (i) The Department of Defense.
                            (ii) The Department of State.
                            (iii) The United States Agency for 
                        International Development.
                    (B) Covered contract.--The term ``covered 
                contract''--
                            (i) means a contract with a value of not 
                        less than $1,000,000 for work to be performed 
                        outside the United States that is awarded or 
                        entered into by a covered agency; and
                            (ii) includes any subcontract or 
                        subordinate contract under a contract described 
                        in clause (i).

SEC. 223. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND INTEGRITY 
              THROUGH THE FEDERAL AWARDEE PERFORMANCE AND INTEGRITY 
              INFORMATION SYSTEM.

    (a) Inclusion of Corporations Among Covered Persons.--Subsection 
(b) of section 872 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4555) is 
amended by inserting ``(including a corporation)'' after ``Any person'' 
both places it appears.
    (b) Information on Corporations.--Subsection (d) of such section is 
amended by adding at the end the following new paragraph:
            ``(3) Information on corporations.--The information on a 
        corporation in the database shall, to the extent practicable, 
        include information on any parent, subsidiary, or successor 
        entities to the corporation in manner designed to give the 
        acquisition officials using the database a comprehensive 
        understanding of the performance and integrity of the 
        corporation in carrying out Federal contracts and grants.''.

SEC. 224. CONTRACTOR PERFORMANCE EVALUATIONS AND THE PAST PERFORMANCE 
              INFORMATION RETRIEVAL SYSTEM.

    Not later than 90 days after the date of the enactment of this Act, 
the Federal Acquisition Regulatory Council shall amend the Federal 
Acquisition Regulation as follows:
            (1) The requirements under section 42.1503(b) of the 
        Federal Acquisition Regulation to submit agency evaluations of 
        contractor performance to a contractor, to permit a contractor 
        response to evaluations, and to retain such response in 
        performance evaluations shall be terminated.
            (2) Contractor performance evaluations shall be entered 
        into the Past Performance Information Retrieval System (PPIRS) 
        under section 42.1503 of the Federal Acquisition Regulation 
        using the Contractor Performance Assessment Reporting System.

                       Subtitle D--Other Matters

SEC. 231. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL PROJECTS 
              FUNDED BY THE DEPARTMENT OF DEFENSE FOR OVERSEAS 
              CONTINGENCY OPERATIONS.

    (a) Certification on Sustainability Required Before Commencement of 
Projects.--
            (1) In general.--Commencing 60 days after the date of the 
        enactment of this Act, a capital project described in 
        subsection (b) may not be commenced unless the Secretary of 
        Defense, in consultation with the United States commander of 
        military operations in the country in which the project will be 
        carried out, certifies to the appropriate committees of 
        Congress that the country has the capability (in both financial 
        and human resources) to effectively maintain and utilize the 
        project.
            (2) Considerations.--In making a certification under 
        paragraph (1) with respect to a capital project, the Secretary 
        shall take into account the status of the maintenance and 
        utilization of capital projects, if any, in the country in 
        which the project is to be carried out that were previously 
        financed or assisted by the United States.
    (b) Covered Capital Projects.--A capital project described in this 
subsection is any capital project overseas for an overseas contingency 
operation that is for the benefit of the host country, is funded by the 
Department of Defense using covered funds, and has an estimated value 
in excess of $1,000,000, other than a project for military construction 
(as that term is defined in section 114(b) of title 10, United States 
Code) or a military family housing project under section 2821 of such 
title.
    (c) Termination of Unsustainable Projects in Progress.--
            (1) In general.--Effective 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall terminate 
        each capital project described in subsection (b) that is in 
        progress, but not completed, as of the date of the enactment of 
        this Act if the Secretary--
                    (A) determines, in consultation with the United 
                States commander of military operations in the country 
                in which the project is being carried out, that the 
                country does not have the capability (in both financial 
                and human resources) to effectively maintain and 
                utilize the project; or
                    (B) has not made any determination on the matters 
                described in subparagraph (A) with respect to the 
                project.
            (2) Waiver.--The Secretary may waive the requirement for 
        termination of a project under paragraph (1) if the Secretary 
        submits to the appropriate committees of Congress a written 
        certification that the project is vital to a military or 
        security objective of the United States.
    (d) Definitions.--In this section:
            (1) The term ``capital project'' has the meaning given the 
        term in section 308 of the Aid, Trade, and Competitiveness Act 
        of 1992 (title III of Public Law 102-549; 22 U.S.C. 2421e; 106 
        Stat. 3660).
            (2) The term ``covered funds'' means the following:
                    (A) Amounts in the Afghanistan Infrastructure Fund.
                    (B) Amounts in the Afghanistan Security Forces 
                Funds.
                    (C) Amounts available for the Commanders' Emergency 
                Response Program.
                    (D) Any other funds authorized to be appropriated 
                for the Department of Defense that are made available 
                for a capital project.
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