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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3286 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3286

     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

                             June 12, 2012

Mrs. McCaskill (for herself, Mr. Webb, Mr. Lieberman, Ms. Collins, Mr. 
  Franken, Mr. Blumenthal, and Mr. Sanders) 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. Agency reports and inspector general audits of certain 
                            information on overseas contingency 
                            operations.
Sec. 105. 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, the 
                            Department of State, and the United States 
                            Agency for International Development.
Sec. 113. Additional bases for suspension or debarment.
               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 requirements for 
                            Department of Defense planning.
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. Risk assessment and mitigation for contractor performance of 
                            critical functions in support of overseas 
                            contingency operations.
Sec. 203. Comptroller General of the United States review of use by the 
                            Department of Defense, the Department of 
                            State, and the United States Agency for 
                            International Development of urgent and 
                            compelling exception to competition.
  Subtitle B--Enhancements of Contracting Process and Protections in 
                              Contracting

Sec. 211. Uniform contract writing system requirements.
Sec. 212. Database on prices of items and services under Federal 
                            contracts.
Sec. 213. Prohibition of excessive pass-through contracts and charges 
                            in the acquisition of services.
                 Subtitle C--Contractor Accountability

Sec. 221. Contractor consent to jurisdiction for certain civil actions 
                            under certain contracts for work overseas.
Sec. 222. Information on corporate contractor performance and integrity 
                            through the Federal Awardee Performance and 
                            Integrity Information System.
Sec. 223. Inclusion of data on contractor performance in past 
                            performance databases for executive agency 
                            source selection decisions.
      Subtitle D--Preventing Trafficking in Government Contracting

Sec. 231. Short title.
Sec. 232. Definitions.
Sec. 233. Contracting requirements.
Sec. 234. Compliance plan and certification requirement.
Sec. 235. Monitoring and investigation of trafficking in persons.
Sec. 236. Notification to inspectors general and cooperation with 
                            Government.
Sec. 237. Expansion of fraud in foreign labor contracting to include 
                            work outside the United States.
Sec. 238. Improving Department of Defense accountability for reporting 
                            trafficking in persons claims and 
                            violations.
Sec. 239. Rule of construction.
                       Subtitle E--Other Matters

Sec. 251. Sustainability requirements for certain capital projects in 
                            connection with 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 Inspectors General specified in subsection (b) shall have the 
responsibilities specified in this section.
    ``(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) Standing Committee on Overseas Contingency Operations.--(1) 
The Council of Inspectors General on Integrity and Efficiency (CIGIE) 
shall establish a standing committee on overseas contingency 
operations. The standing committee shall consist of the following:
            ``(A) A chair, who shall be the Lead Inspector General for 
        an overseas contingency operation under subsection (d) if such 
        an operation is underway, and shall be an Inspector General 
        specified in subsection (b) selected by the Inspectors General 
        specified in that subsection from among themselves if such an 
        operation is not underway.
            ``(B) The other Inspectors General specified in subsection 
        (b).
            ``(C) For the duration of any contingency operation that 
        exceeds 30 days, any other inspectors general determined by the 
        chair, in coordination with the other Inspectors General 
        specified in subsection (b), to have actual or potential areas 
        of responsibility with respect to the contingency operation.
    ``(2) The standing committee shall have such on-going 
responsibilities, including planning, coordination, and development of 
practices, to improve oversight of overseas contingency operations as 
the chair considers appropriate.
    ``(3)(A) For the duration of any contingency operation that exceeds 
30 days, the standing committee shall develop and update on an annual 
basis a joint-strategic plan for ongoing and planned oversight of the 
contingency operation by the Inspectors General specified in subsection 
(b) and designated pursuant to paragraph (1)(C), including the 
following:
            ``(i) Audit and available inspection plans.
            ``(ii) An overall assessment of such oversight, including 
        projects or areas (whether departmental or government-wide) of 
        concern or in need of further review.
            ``(iii) Such other matters as the Lead Inspector General 
        for the contingency operation considers appropriate.
    ``(B) Each plan under this paragraph, and any update of such plan, 
shall be made available to the public.
    ``(d) Lead Inspector General for Overseas Contingency Operations.--
(1) There shall be a lead inspector general for each overseas 
contingency operation that exceeds 30 days (in this section referred to 
as the `Lead Inspector General' for the contingency operation 
concerned).
    ``(2) The Lead Inspector General for a contingency operation shall 
be the Inspector General of the Department of Defense, who shall assume 
such role not later than 30 days after the commencement or designation 
of the military operation concerned as a contingency operation.
    ``(e) Responsibilities of Lead Inspector General.--(1) The Lead 
Inspector General for an overseas contingency operation shall have the 
following responsibilities:
            ``(A) To conduct oversight, in full coordination with the 
        other Inspectors General specified in subsection (b), over all 
        aspects of the contingency operation and to ensure, either 
        through joint or individual audits, inspections, and 
        investigations, independent and effective oversight of all 
        programs and operations of all departments and agencies in the 
        contingency operation.
            ``(B) 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 overseas 
        contingency operation who shall act in a coordinating role to 
        assist the Lead Inspector General in the discharge of 
        responsibilities under this subsection.
            ``(C)(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.
            ``(D) To submit to Congress on a semi-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 other Inspectors General specified in subsection (b) with 
        respect to the contingency operation, including--
                    ``(i) the status and results of audits, 
                inspections, and closed investigations, and of the 
                number of referrals to the Department of Justice; and
                    ``(ii) updates and changes to overall plans for the 
                review of the contingency operation by inspectors 
                general, including plans for inspections and audits.
            ``(E) To submit to Congress on a semi-annual 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 (2).
            ``(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.
    ``(2) The information specified in this paragraph with respect to 
an overseas 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.
    ``(3) The Lead Inspector General for an overseas 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.
    ``(f) Temporary Employment Authority.--(1) Each Inspector General 
specified in subsection (b) may employ, on a temporary basis using the 
authorities in section 3161 of title 5, United States Code (but without 
regard to subsections (a) and (b)(2) of such section), such auditors, 
inspectors, investigators, and other personnel as such Inspector 
General considers appropriate for purposes of assisting such Inspector 
General in discharging responsibilities under subsection (e) with 
respect to an overseas contingency operation.
    ``(2) The employment under this subsection of an annuitant 
described in section 9902(g) of title 5, United States Code, shall be 
governed by the provisions of such section as if the position to which 
employed was a position in the Department of Defense.
    ``(3) The employment under this subsection of an annuitant 
receiving an annuity under the Foreign Service Retirement and 
Disability System under chapter 8 of the Foreign Service Act of 1980 
(22 U.S.C. 4041 et seq.) shall be treated as employment in an elective 
position in the Government on a temporary basis under section 824(b) of 
the Foreign Service Act of 1980 (22 U.S.C. 4064(b)) for which continued 
receipt of annuities may be elected as provided in such section.
    ``(4) The authority to employ personnel under this subsection for a 
contingency operation shall cease as provided for in subsection (g).
    ``(g) Sunset for Particular Contingency Operations.--The 
requirements and authorities of this section with respect to an 
overseas contingency operation shall cease at the earlier of--
            ``(1) 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 $250,000,000 (in constant fiscal year 
        2012 dollars); or
            ``(2) the date that is 18 months after the date of the 
        issuance by the Secretary of Defense of an order terminating 
        the contingency operation.
    ``(h) 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.
    ``(i) 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.
    ``(j) Authorization of Appropriations.--(1) For each fiscal year in 
which the authorities under this section are in effect for an overseas 
contingency operation, there is hereby authorized to be appropriated 
for each of the Department of Defense, the Department of State, and the 
United States Agency for International Development for each of the 
Inspectors General specified in subsection (b), respectively, for 
oversight of the contingency operation under the authorities in this 
section, sums in an amount equal to 0.5 percent of the amount 
authorized to be appropriated for such fiscal year for such department 
or agency for the programs and activities of such department or agency 
for the contingency operation.
    ``(2) Amounts authorized to be appropriated by this subsection are 
in addition to any other amounts authorized to be appropriated for the 
Inspectors General referred to in paragraph (1) by law.
    ``(3)(A) Amounts authorized to be appropriated by this subsection 
may be obligated and expended only for oversight directly related to 
overseas contingency operations. Amounts authorized to be appropriated 
by this subsection to one Inspector General referred to in paragraph 
(1) may be made available to another Inspector General referred to in 
that paragraph, upon the joint agreement of such Inspectors General, 
based on personnel needs, security requirements, or such other matters 
as such Inspectors General consider appropriate.
    ``(4) Any amounts authorized to be appropriated by this subsection 
to an Inspector General that are not expended shall be deposited in the 
General Fund of the Treasury.''.
    (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, without regard to subsections (a) and (b)(2) of 
this section, 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 and authorities under subsection (e) of such section 
8L with respect to the contingency operation.''.

SEC. 104. AGENCY REPORTS AND INSPECTOR GENERAL AUDITS OF CERTAIN 
              INFORMATION ON OVERSEAS CONTINGENCY OPERATIONS.

    (a) Agency Reports.--Not later than 180 days after the commencement 
or designation of a military operation as an overseas contingency 
operation and semi-annually thereafter during the duration of the 
contingency operation, the Secretary of Defense, the Secretary of 
State, and the Administrator of the United States Agency for 
International Development shall each submit to the Inspector General of 
the department or agency concerned the information required by 
subsection (e)(2) of section 8L of the Inspector General Act of 1978 
(as amended by section 103 of this Act) on the contingency operation.
    (b) Inspector General Audits.--Not later than 180 days after 
receipt of a report under subsection (a), each Inspector General 
referred to in that subsection shall--
            (1) perform an audit on the quality of the information 
        submitted in such report, including an assessment of the 
        completeness and accuracy of the information and the extent to 
        which the information fully satisfies the requirements of such 
        Inspector General in preparing the annual report described in 
        subsection (e)(1)(E) of section 8L of the Inspector General Act 
        of 1978 (as so amended); and
            (2) submit to the appropriate committees of Congress a 
        report on the reliability, accuracy, and completeness of the 
        information, including any significant problems in such 
        information.

SEC. 105. 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, THE DEPARTMENT OF 
              STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL 
              DEVELOPMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the head of the covered agency concerned shall 
ensure the following:
            (1) There shall be not less than one suspension and 
        debarment official--
                    (A) in the case of the Department of Defense, for 
                each of the Department of the Army, the Department of 
                the Navy, the Department of the Air Force, and the 
                Defense Logistics Agency;
                    (B) for the Department of State; and
                    (C) for the United States Agency for International 
                Development.
            (2) A suspension and debarment official under paragraph (1) 
        may not report to or be subject to the supervision of the 
        acquisition office or the Inspector General of--
                    (A) in the case of the Department of Defense, 
                either the Department of Defense or the military 
                department or Defense Agency concerned; and
                    (B) in the case of any other covered agency, the 
                acquisition office or the Inspector General of such 
                agency.
            (3) The duties of a suspension and debarment official under 
        paragraph (1) may include only the following:
                    (A) The direction, management, and oversight of 
                suspension and debarment activities.
                    (B) The direction, management, and oversight of 
                fraud remedies activities.
                    (C) Membership and participation in the Interagency 
                Committee on Debarment and Suspension in accordance 
                with Executive Order No. 12549 and section 873 of the 
                Duncan Hunter National Defense Authorization Act for 
                Fiscal Year 2009 (as amended by this section).
            (4) Each suspension and debarment official under paragraph 
        (1) shall have a staff and resources adequate for the discharge 
        of the suspension and debarment responsibilities of such 
        official.
            (5) Each suspension and debarment official under paragraph 
        (1) shall document the basis for any final decision taken 
        pursuant to a formal referral in accordance with the policies 
        established under paragraph (6), including, but not limited to, 
        the following:
                    (A) Any final decision to suspend or debar any 
                person or entity.
                    (B) Any final decision not to suspend or debar any 
                person or entity.
                    (C) Any final decision declining to pursue 
                suspension or debarment of any person or entity.
                    (D) Any administrative agreement entered with any 
                person or persons in lieu of suspension or debarment of 
                such person or entity.
            (6) Each suspension and debarment official under paragraph 
        (1) shall, in consultation with the General Counsel of the 
        covered agency concerned, establish in writing policies for the 
        consideration of the following:
                    (A) Formal referrals of suspension and debarment 
                matters.
                    (B) Suspension and debarment matters that are not 
                formally referred.
    (b) Covered Agency Defined.--In subsection (a), 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.
    (c) Duties of Interagency Committee on Debarment and Suspension.--
Section 873 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (31 U.S.C. 6101 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, including 
                with respect to contracts in connection with 
                contingency operations'' before the semicolon; and
                    (B) in paragraph (7)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (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) a summary of suspensions, debarments, and 
                administrative agreements during the previous year.''; 
                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 120 
days after the end of the first fiscal year ending 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 `contingency operation' has the meaning 
        given that term in section 101(a)(13) of title 10, United 
        States Code.
            ``(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 OR DEBARMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Acquisition Regulatory Council shall 
revise the Federal Acquisition Regulation to provide for the automatic 
referral of a person described in subsection (b) to the appropriate 
suspension and debarment official for a determination whether or not 
the person should be suspended or debarred.
    (b) Covered Persons.--A person described in this subsection is any 
person as follows:
            (1) A person who has been charged with a Federal criminal 
        offense relating to the award or performance of a contract of a 
        covered agency.
            (2) A person who has been alleged, in a civil or criminal 
        proceeding brought by the United States, to have engaged in 
        fraudulent actions in connection with the award or performance 
        of a contract of a covered agency.
            (3) A person who has been determined by the head of a 
        contracting agency of a covered agency to have failed to pay or 
        refund amounts due or owed to the Federal Government in 
        connection with the performance of a contract of the covered 
        agency.
    (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.

               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 Involving Combat Operations.--
            (1) In general.--Not later than one year after the 
        commencement or designation of a contingency operation outside 
        the United States that includes combat operations, and annually 
        thereafter until the termination of the operation, the 
        Secretary of Defense shall, except as provided in paragraph 
        (2), submit to the appropriate committees of Congress a report 
        on contract support for the operation.
            (2) Exception.--If the total annual amount of obligations 
        for contracts for support of a contingency operation otherwise 
        described by paragraph (1) do not exceed $250,000,000 in an 
        annual reporting period otherwise covered by that paragraph, no 
        report shall be required on the operation under that paragraph 
        for that annual reporting period.
            (3) Elements.--
                    (A) In general.--Each report under paragraph (1) 
                regarding an operation shall set forth the following:
                            (i) A description and assessment of the 
                        policy, planning, management, and oversight of 
                        the Department of Defense with respect to 
                        contract support for the operation.
                            (ii) 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.
                            (iii) The sources of information and data 
                        used to prepare the portion of such report 
                        required by clause (ii).
                            (iv) A description of any known limitations 
                        of the information or data reported under 
                        clause (ii), including known limitations in 
                        methodology or data sources.
                            (v) Any plans for strengthening collection, 
                        coordination, and sharing of information on 
                        contracts entered into in connection with the 
                        operation.
                    (B) Estimates.--In determining the total number of 
                contractor personnel working under contracts for 
                purposes of subparagraph (A)(ii)(VI), the Secretary may 
                use estimates for any category of contractor personnel 
                for which the Secretary 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 paragraph (1) may not be prepared by contractor 
        personnel.
            (5) Use of existing reports for certain contingency 
        operations.--The requirement to submit reports under paragraph 
        (1) on a contingency operation in Iraq or Afghanistan may be 
        met by the submittal of the reports required by section 863 of 
        the National Defense Authorization Act for Fiscal Year 2008 (10 
        U.S.C. 2302 note).

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

    (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 an annual 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, as if the United States Agency for 
                International Development were an executive agency to 
                which such section 1702(a) applied.
                    (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.--Not later than one year after the 
        commencement or designation of a contingency operation outside 
        the United States that includes combat operations, 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, except as provided 
        in paragraph (2), each submit to the appropriate committees of 
        Congress a report on contract support for the operation for the 
        Department of State or the United States Agency for 
        International Development, as the case may be.
            (2) Exception.--If the total annual amount appropriated for 
        an overseas contingency operation otherwise described by 
        paragraph (1) does not exceed $250,000,000 in an annual 
        reporting period otherwise covered by that paragraph, no report 
        shall be required on the operation under that paragraph for 
        that annual reporting period.
            (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) Readiness Reporting.--
            (1) Reporting system required.--As part of the planning of 
        the Department of State and the United States Agency for 
        International Development for the discharge of the programs and 
        activities of the Department and Agency, the Secretary of State 
        and the Administrator of the United States Agency for 
        International Development shall each establish a reporting 
        system on the readiness of the Department and the Agency, 
        respectively, to manage and oversee non-governmental employees 
        of the Department and the Agency supporting the Department and 
        the Agency in the discharge of their 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 and the Agency to 
                support current and anticipated programs and activities 
                of the Department and the Agency.
                    (B) Measure, on such frequency as the Secretary and 
                the Administrator shall each specify, such other 
                matters with respect to contract support of the 
                Department and the Agency, respectively, as the 
                Secretary and the Administrator consider appropriate 
                for the reporting system.
            (3) Repositories of policies and related documents.--Not 
        later than 270 days after the date of the enactment of this 
        Act, the Secretary and the Administrator shall each develop and 
        maintain a repository of the policies, guidance, programs, and 
        initiatives of the Department or Agency, respectively, on 
        acquisition and assistance in connection with overseas 
        contingency operations, including those developed through 
        Embassies or Missions. The purpose of each repository is to 
        serve as a source of ready information on such policies, 
        guidance, programs, and initiatives for use in current and 
        future overseas contingency operations.
            (4) Reports.--Not later than one year after the date of the 
        enactment of this Act, and annually throughout the duration of 
        any overseas contingency operation, the Secretary and the 
        Administrator shall each submit to the appropriate committees 
        of Congress a report on the status of efforts of the Department 
        and the Agency, respectively, to develop and maintain 
        information in accordance with the requirements of this 
        subsection.

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.--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 subsection (b), except as provided 
in subsection (c).
    (b) Contract Periods.--The contract periods specified in this 
subsection are as follows:
            (1) Three years in the case of competitively bid contracts.
            (2) 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.
    (c) Waiver.--The amendment of the Federal Acquisition Regulation 
required by subsection (a) shall provide that the head of a covered 
agency may waive the applicability of the limitations in subsection (b) 
to a contract if--
            (1) 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--
                    (A) the period of performance for the contract in 
                excess of the limitations in subsection (b) will be in 
                the best interest of the United States; and
                    (B) 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;
            (2) the contracting officer conducts the cost analysis 
        required by section 15.404-1 of the Federal Acquisition 
        Regulation; and
            (3) the head of the agency determines in writing based on 
        the information obtained pursuant to paragraphs (1) and (2) 
        that the waiver is in the best interests of the United States.
    (d) 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. RISK ASSESSMENT AND MITIGATION FOR CONTRACTOR PERFORMANCE OF 
              CRITICAL FUNCTIONS IN SUPPORT OF OVERSEAS CONTINGENCY 
              OPERATIONS.

    (a) Comprehensive Risk Assessment and Mitigation Plan Required.--
            (1) In general.--Subject to paragraphs (2) and (3), not 
        later than six months after the commencement or designation of 
        an overseas contingency operation that includes or is expected 
        to include combat operations, the head of each covered agency 
        shall perform a comprehensive risk assessment and develop a 
        risk mitigation plan for operational and political risks 
        associated with contractor performance of critical functions in 
        support of the operation for such covered agency.
            (2) Exceptions.--Except as provided in paragraph (3), a 
        risk assessment and risk mitigation plan shall not be required 
        under paragraph (1) for an overseas contingency operation if 
        both--
                    (A) the operation is not expected to continue for 
                more than one year; and
                    (B) the total annual amount of obligations by the 
                United States Government for contracts for support of 
                or in connection with the operation is not expected to 
                exceed, $250,000,000 in any fiscal year.
            (3) Termination of exceptions.--Notwithstanding paragraph 
        (2), the head of a covered agency shall perform a risk 
        assessment and develop a risk mitigation plan under paragraph 
        (1) for an overseas contingency operation with regard to which 
        a risk assessment and risk mitigation plan has not previously 
        been performed under paragraph (1) not later than 60 days after 
        the first date on which either of the following occurs:
                    (A) The operation has continued for more than one 
                year.
                    (B) The total amount of obligations by the United 
                States Government for contracts for support of or in 
                connection with the operation has exceeded $250,000,000 
                in a fiscal year.
    (b) Comprehensive Risk Assessments.--A comprehensive risk 
assessment for an overseas contingency operation under subsection (a) 
shall consider, at a minimum, risks relating to the following:
            (1) The goals and objectives of the operation (such as 
        risks from behavior that injures innocent members of the local 
        population or outrages their sensibilities).
            (2) The continuity of the operation (such as risks from 
        contractors walking off the job or being unable to perform when 
        there is no timely back-up available).
            (3) The safety of military and civilian personnel of the 
        United States if the presence or performance of contractor 
        personnel creates unsafe conditions or invites attack.
            (4) The managerial control of the Government over the 
        operation (such as risks from over-reliance on contractors to 
        monitor other contractors with inadequate means for Government 
        personnel to monitor their work).
            (5) The critical organic or core capabilities of the 
        Government, including critical knowledge or institutional 
        memory of key operations areas and subject-matter expertise.
            (6) The ability of the Government to control costs, avoid 
        organizational or personal conflicts of interest, and minimize 
        waste, fraud, and abuse.
    (c) Risk Mitigation Plans.--A risk mitigation plan for an overseas 
contingency operation under subsection (a) shall include, at a minimum, 
the following:
            (1) For each high risk area identified in the comprehensive 
        risk assessment for the operation performed under subsection 
        (a)--
                    (A) specific actions to mitigate or reduce such 
                risk, including, but not limited to, the development of 
                alternative capabilities to reduce reliance on 
                contractor performance of critical functions;
                    (B) measurable milestones for the implementation of 
                planned risk mitigation or risk reduction measures; and
                    (C) a process for monitoring, measuring, and 
                documenting progress in mitigating or reducing risk.
            (2) A continuing process for identifying and addressing new 
        and changed risks arising in the course of the operation, 
        including the periodic reassessment of risks and the 
        development of appropriate risk mitigation or reduction plans 
        for any new or changed high risk area identified.
    (d) Reports to Congress.--
            (1) In general.--Not later than 30 days after the 
        completion of a comprehensive risk assessment and risk 
        mitigation plan under subsection (a), the head of the covered 
        agency concerned shall submit to the appropriate committees of 
        Congress a report setting forth a summary description of the 
        assessment and plan, including a description of the risks 
        identified through the assessment and the actions to be taken 
        to address such risks.
            (2) Form.--Each report shall be submitted in unclassified 
        form, but may include a classified annex.
    (e) Critical Functions.--For purposes of this section, critical 
functions include, at a minimum, the following:
            (1) Private security functions, as that term is defined in 
        section 864(a)(5) of the National Defense Authorization Act for 
        Fiscal Year 2008 (10 U.S.C. 2302 note).
            (2) Training and advising government personnel, including 
        military and security personnel, of a host nation.
            (3) Conducting intelligence or information operations.
            (4) Any other functions that are closely associated with 
        inherently governmental functions, including the functions set 
        forth in section 7.503(d) of the Federal Acquisition 
        Regulation.
    (f) 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. 203. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF USE BY THE 
              DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE 
              UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OF 
              URGENT AND COMPELLING EXCEPTION TO COMPETITION.

    (a) Review Required.--The Comptroller General of the United States 
shall review each of the following:
            (1) The use by the Department of Defense of the unusual and 
        compelling urgency exception to full and open competition 
        provided in section 2304(c)(2) of title 10, United States Code.
            (2) The use by each of the Department of State and the 
        United States Agency for International Development of the 
        unusual and compelling urgency exception to full and open 
        competition provided in section 3304(a)(2) of title 41, United 
        States Code.
    (b) Matters To Be Reviewed.--The review of the use of an unusual 
and compelling urgency exception required by subsection (a) shall 
include a review of the following:
            (1) The pattern of use of the exception by acquisition 
        organizations within the Department of Defense, the Department 
        of State, and the United States Agency for International 
        Development in order to determine which organizations are 
        commonly using the exception and the frequency of such use.
            (2) The range of items or services being acquired through 
        the use of the exception.
            (3) The process for reviewing and approving justifications 
        involving the exception.
            (4) Whether the justifications for use of the exception 
        typically meet the relevant requirements of the Federal 
        Acquisition Regulation applicable to the use of the exception.
            (5) The extent to which the exception is used to solicit 
        bids or proposals from only one source and the extent to which 
        such sole-source procurements are appropriately documented and 
        justified.
            (6) The compliance of the Department of Defense, the 
        Department of State, and the United States Agency for 
        International Development with the requirements of section 
        2304(d)(3) of title 10, United States Code, or section 
        3304(c)(1)(B) of title 41, United States Code, as applicable, 
        that limit the duration of contracts awarded pursuant to the 
        exception and require approval for any such contract in excess 
        of one year.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
appropriate committees of Congress a report on the review required by 
subsection (a), including a discussion of each of the matters specified 
in subsection (b). The report shall include any recommendations 
relating to the matters reviewed that the Comptroller General considers 
appropriate.

  Subtitle B--Enhancements of Contracting Process and Protections in 
                              Contracting

SEC. 211. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS.

    (a) Uniform Standards and Controls Required.--Not later than 180 
days after the date of the enactment of this Act, the officials 
specified in subsection (b) shall--
            (1) establish uniform data standards, internal control 
        requirements, independent verification and validation 
        requirements, and business process rules for processing 
        procurement requests, contracts, receipts, and invoices by the 
        Department of Defense or other executive agencies, as 
        applicable;
            (2) establish and maintain one or more approved electronic 
        contract writing systems that conform with the standards, 
        requirements, and rules established pursuant to paragraph (1); 
        and
            (3) require the use of electronic contract writing systems 
        approved in accordance with paragraph (2) for all contracts 
        entered into by the Department of Defense or other executive 
        agencies, as applicable.
    (b) Covered Officials.--The officials specified in this subsection 
are the following:
            (1) The Secretary of Defense, with respect to the 
        Department of Defense and the military departments.
            (2) The Administrator of the Office of Federal Procurement 
        Policy, with respect to the executive agencies other than the 
        Department of Defense and the military departments.
    (c) Phase-In of Implementation of Requirement for Approved 
Systems.--The officials specified in subsection (b) may phase in the 
implementation of the requirement to use approved electronic contract 
writing systems in accordance with subsection (a)(3) over a period of 
up to five years beginning with the date of the enactment of this Act.
    (d) Reports.--Not later than 180 days after the date of the 
enactment of this Act, the officials specified in subsection (b) shall 
each submit to the appropriate committees of Congress a report on the 
implementation of the requirements of this section. Each report shall, 
at a minimum--
            (1) describe the standards, requirements, and rules 
        established pursuant to subsection (a)(1);
            (2) identify the electronic contract writing systems 
        approved pursuant to subsection (a)(2) and, if multiple systems 
        are approved, explain why the use of such multiple systems is 
        the most efficient and effective approach to meet the contract 
        writing needs of the Federal Government; and
            (3) provide the schedule for phasing in the use of approved 
        electronic contract writing systems in accordance with 
        subsections (a)(3) and (b).
    (e) Executive Agencies Defined.--In this section, the term 
``executive agencies'' 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.

SEC. 213. PROHIBITION OF EXCESSIVE PASS-THROUGH CONTRACTS AND CHARGES 
              IN THE ACQUISITION OF SERVICES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Federal Acquisition Regulatory Council shall 
revise the Federal Acquisition Regulation to--
            (1) prohibit the award of a covered contract or task order 
        unless the contractor agrees that at least 50 percent of the 
        direct labor cost of services to be performed under the 
        contract or task order will be expended for employees of the 
        contractor or of a subcontractor that is specifically 
        identified and authorized to perform such work in the contract 
        or task order;
            (2) provide that the contracting officer for a covered 
        contract or task order may authorize reliance upon a 
        subcontractor or subcontractors to meet the requirement in 
        paragraph (1) only upon a written determination that such 
        reliance is in the best interest of the executive agency 
        concerned, after taking into account the added cost for 
        overhead (including general and administrative costs) and 
        profit that may be incurred as a result of the pass-through;
            (3) require the contracting officer for a covered contract 
        or task order for which more than 70 percent of the direct 
        labor cost of services to be performed will be expended for 
        persons other than employees of the contractor to ensure that 
        amounts paid to the contractor for overhead (including general 
        and administrative costs) and profit are reasonable in relation 
        to the cost of direct labor provided by employees of the 
        contractor and any other costs directly attributable to the 
        management of the subcontract by employees of the contractor; 
        and
            (4) include such exceptions to the requirements in 
        paragraphs (1) through (3) as the Council considers appropriate 
        in the interest of the United States.
    (b) Covered Contract or Task Order Defined.--In this section, the 
term ``covered contract or task order'' means a contract or task order 
for the performance of services (other than construction) with a value 
in excess of the simplified acquisition threshold that is entered into 
for or on behalf of an executive agency, except that such term does not 
include any contract or task order that provides a firm, fixed price 
for each task to be performed and is--
            (1) awarded on the basis of adequate price competition; or
            (2) for the acquisition of commercial services as defined 
        in paragraphs (5) and (6) of section 103 of title 41, United 
        States Code.
    (c) Effective Date.--The requirements of this section shall apply 
to--
            (1) covered contracts that are awarded on or after the date 
        that is 90 days after the date of the enactment of this Act; 
        and
            (2) covered task orders that are awarded on or after the 
        date that is 90 days after the date of the enactment of this 
        Act under contracts that are awarded before, on, or after such 
        date.
    (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.
    (e) Conforming Repeal.--Section 852 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2340) is 
repealed.

                 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. 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. 223. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST 
              PERFORMANCE DATABASES FOR EXECUTIVE AGENCY SOURCE 
              SELECTION DECISIONS.

    (a) Strategy Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Federal Acquisition Regulatory 
        Council shall develop a strategy for ensuring that timely, 
        accurate, and complete information on contractor performance is 
        included in past performance databases used by executive 
        agencies for making source selection decisions.
            (2) Consultation with usdatl.--In developing the strategy 
        required by this subsection, the Federal Acquisition Regulatory 
        Council shall consult with the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics to ensure that the 
        strategy is, to the extent practicable, consistent with the 
        strategy developed by the Under Secretary pursuant to section 
        806 of the National Defense Authorization Act for Fiscal Year 
        2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302 note).
    (b) Elements.--The strategy required by subsection (a) shall, at a 
minimum--
            (1) establish standards for the timeliness and completeness 
        of past performance submissions for purposes of databases 
        described in subsection (a);
            (2) assign responsibility and management accountability for 
        the completeness of past performance submissions for such 
        purposes; and
            (3) ensure that past performance submissions for such 
        purposes are consistent with award fee evaluations in cases 
        where such evaluations have been conducted.
    (c) Contractor Comments.--Not later than 180 days after the date of 
the enactment of this Act, the Federal Acquisition Regulatory Council 
shall revise the Federal Acquisition Regulation to require the 
following:
            (1) That affected contractors are provided, in a timely 
        manner, information on contractor performance to be included in 
        past performance databases in accordance with subsection (a).
            (2) That such contractors are afforded up to 14 calendar 
        days, from the date of delivery of the information provided in 
        accordance with paragraph (1), to submit comments, rebuttals, 
        or additional information pertaining to past performance for 
        inclusion in such databases.
            (3) That agency evaluations of contractor past performance, 
        including any information submitted under paragraph (2), are 
        included in the relevant past performance database not later 
        than the date that is 14 days after the date of delivery of the 
        information provided in accordance with paragraph (1).
    (d) Construction.--Nothing in this section shall be construed to 
prohibit a contractor from submitting comments, rebuttals, or 
additional information pertaining to past performance after the period 
described in subsection (c)(2) has elapsed or to prohibit a contractor 
from challenging a past performance evaluation in accordance with 
applicable laws, regulations, or procedures.
    (e) 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 actions taken by the Federal Acquisition Regulatory 
Council pursuant to this section, including an assessment of the 
following:
            (1) The extent to which the strategy required by subsection 
        (a) is consistent with the strategy developed by the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics 
        as described in subsection (a)(2).
            (2) The extent to which the actions of the Federal 
        Acquisition Regulatory Council pursuant to this section have 
        otherwise achieved the objectives of this section.
    (f) 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, except that the term excludes the 
Department of Defense and the military departments.

      Subtitle D--Preventing Trafficking in Government Contracting

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``End Trafficking in Government 
Contracting Act of 2012''.

SEC. 232. DEFINITIONS.

    In this subtitle:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
            (2) Subcontractor.--The term ``subcontractor'' means a 
        recipient of a contract at any tier under a grant, contract, or 
        cooperative agreement.
            (3) Subgrantee.--The term ``subgrantee'' means a recipient 
        of a grant at any tier under a grant or cooperative agreement.
            (4) United states.--The term ``United States'' has the 
        meaning provided in section 103(12) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102(12)).

SEC. 233. CONTRACTING REQUIREMENTS.

    Section 106(g) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7104(g)) is amended by striking ``if the grantee or any 
subgrantee,'' and all that follows through the end and inserting the 
following: ``or take any of the other remedial actions authorized under 
section 235(c) of the End Trafficking in Government Contracting Act of 
2012, if the grantee or any subgrantee, or the contractor or any 
subcontractor, engages in, or uses labor recruiters, brokers, or other 
agents who engage in--
                            ``(i) severe forms of trafficking in 
                        persons;
                            ``(ii) the procurement of a commercial sex 
                        act during the period of time that the grant, 
                        contract, or cooperative agreement is in 
                        effect;
                            ``(iii) the use of forced labor in the 
                        performance of the grant, contract, or 
                        cooperative agreement, or
                            ``(iv) acts that directly support or 
                        advance trafficking in persons, including the 
                        following acts:
                                    ``(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--
                                            ``(aa) exempted from the 
                                        duty to repatriate by the 
                                        Federal department or agency 
                                        providing or entering into the 
                                        grant, contract, or cooperative 
                                        agreement; or
                                            ``(bb) 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) Soliciting a person for the 
                                purpose of employment, or offering 
                                employment, by means of materially 
                                false or fraudulent pretenses, 
                                representations, or promises regarding 
                                that employment.
                                    ``(IV) Charging recruited employees 
                                exorbitant placement fees, including 
                                fees equal to or greater than the 
                                employee's monthly salary, or 
                                recruitment fees that violate the laws 
                                of the country from which an employee 
                                is recruited.
                                    ``(V) Providing inhumane living 
                                conditions.''.

SEC. 234. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.

    (a) Requirement.--The head of an executive agency may not provide 
or enter into a grant, contract, or cooperative agreement valued at 
$1,000,000 or more if performance will predominantly be conducted 
overseas, unless a duly designated representative of the recipient of 
such grant, contract, or cooperative agreement certifies to the 
contracting or grant officer prior to receiving an award and on an 
annual basis thereafter, after having conducted due diligence, that--
            (1) the recipient has implemented a plan to prevent the 
        activities described in section 106(g) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended 
        by section 233 of this Act, and is in compliance with that 
        plan;
            (2) the recipient has implemented procedures to prevent any 
        activities described in such section 106(g) and to monitor, 
        detect, and terminate any subcontractor, subgrantee, or 
        employee of the recipient found to be engaged in any activities 
        described in such section; and
            (3) to the best of the representative's knowledge, neither 
        the recipient, nor any subcontractor or subgrantee of the 
        recipient or any agent of the recipient or of such a 
        subcontractor or subgrantee, is engaged in any of the 
        activities described in such section.
    (b) Limitation.--Any plan or procedures implemented pursuant to 
subsection (a) shall be appropriate to the size and complexity of the 
grant, contract, or cooperative agreement and to the nature and scope 
of its activities, including the number of non-United States citizens 
expected to be employed.
    (c) Disclosure.--The recipient shall provide a copy of the plan to 
the contracting or grant officer upon request, and as appropriate, 
shall post the useful and relevant contents of the plan or related 
materials on its website and at the workplace.
    (d) Performance Predominately Overseas.--For purposes of subsection 
(a), a grant, contract, or cooperative agreement shall be considered to 
be performed predominantly overseas if the estimated value of the 
services required to be performed under the grant, contract, or 
cooperative agreement outside the United States exceeds $500,000.

SEC. 235. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.

    (a) Investigation.--If the contracting or grant officer of an 
executive agency for a grant, contract, or cooperative agreement 
receives credible evidence that a recipient of the grant, contract, or 
cooperative agreement; any subgrantee or subcontractor of the 
recipient; or any agent of the recipient or of such a subgrantee or 
subcontractor, has engaged in an activity described in section 106(g) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 
as amended by section 233 of this Act, including a report from a 
contracting officer representative, an inspector general, an auditor, 
an alleged victim or victim's representative, or any other credible 
source, the contracting or grant officer shall, before exercising any 
option to renew such grant, contract, or cooperative agreement, request 
that the agency's Office of Inspector General immediately initiate an 
investigation of the allegation or allegations contained in the report. 
If the agency's Office of Inspector General is unable to conduct a 
timely investigation, the suspension and debarment office or another 
investigative unit of the agency shall conduct the investigation.
    (b) Report.--Upon completion of an investigation under subsection 
(a), the office or unit that conducted the investigation shall submit 
to the contracting or grant officer and, if such investigation was not 
conducted by the agency's Office of Inspector General, to the agency's 
Office of Inspector General, a report on the investigation, including 
conclusions about whether credible evidence exists that the recipient 
of a grant, contract, or cooperative agreement; any subcontractor or 
subgrantee of the recipient; or any agent of the recipient or of such a 
subcontractor or subgrantee, engaged in any of the activities described 
in such section 106(g).
    (c) Remedial Actions.--
            (1) In general.--If a contracting or grant official 
        determines that a recipient of a grant, contract, or 
        cooperative agreement, or any subcontractor or subgrantee of 
        the recipient, has engaged in any of the activities described 
        in such section 106(g), the contracting or grant officer shall 
        consider taking one or more of the following remedial actions:
                    (A) Requiring the recipient to remove an employee 
                from the performance of work under the grant, contract, 
                or cooperative agreement.
                    (B) Requiring the recipient to terminate a 
                subcontract or subgrant.
                    (C) Suspending payments under the grant, contract, 
                or cooperative agreement.
                    (D) Withholding award fees, consistent with the 
                award fee plan, for the performance period in which the 
                agency determined the contractor or subcontractor 
                engaged in any of the activities described in such 
                section 106(g).
                    (E) Declining to exercise available options under 
                the contract.
                    (F) Terminating the contract for default or cause, 
                in accordance with the termination clause for the 
                contract.
                    (G) Referring the matter to the agency suspension 
                and debarment official.
                    (H) Referring the matter to the Department of 
                Justice for prosecution under any applicable law.
            (2) Savings clause.--Nothing in this subsection shall be 
        construed as limiting the scope of applicable remedies 
        available to the Federal Government.
            (3) Mitigating factor.--Where applicable, the contracting 
        or grant official may consider whether the contractor or 
        grantee had a plan in place under section 4, and was in 
        compliance with that plan at the time of the violation, as a 
        mitigating factor in determining which remedies, if any, should 
        apply.
    (d) Inclusion of Report Conclusions in FAPIIS.--The contracting or 
grant officer shall ensure that relevant findings contained in the 
report under subsection (b) are included in the Federal Awardee 
Performance and Integrity Information System (FAPIIS). These findings 
shall be considered relevant past performance data for the purpose of 
awarding future contracts, grants, or cooperative agreements.

SEC. 236. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH 
              GOVERNMENT.

    The head of an executive agency making or awarding a grant, 
contract, or cooperative agreement shall require that the recipient of 
the grant, contract, or cooperative agreement--
            (1) immediately inform the Inspector General of the 
        executive agency of any information it receives from any source 
        that alleges credible evidence that the recipient; any 
        subcontractor or subgrantee of the recipient; or any agent of 
        the recipient or of such a subcontractor or subgrantee, has 
        engaged in conduct described in section 106(g) of the 
        Trafficking in Victims Protection Act of 2000 (22 U.S.C. 
        7104(g)), as amended by section 233 of this Act; and
            (2) fully cooperate with any Federal agencies responsible 
        for audits, investigations, or corrective actions relating to 
        trafficking in persons.

SEC. 237. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE 
              WORK OUTSIDE THE UNITED STATES.

    Section 1351 of title 18, United States Code, is amended--
            (1) by striking ``Whoever knowingly'' and inserting ``(a) 
        Work Inside the United States.--Whoever knowingly''; and
            (2) by adding at the end the following new subsection:
    ``(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 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 or imprisoned for not more than 5 
years, or both.''.

SEC. 238. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING 
              TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.

    Section 105(d)(7)(H) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) by redesignating clause (iii) as clause (iv);
            (3) by inserting after clause (ii) the following new 
        clause:
                            ``(iii) all known trafficking in persons 
                        cases reported to the Under Secretary of 
                        Defense for Personnel and Readiness;'';
            (4) in clause (iv), as redesignated by paragraph (2), by 
        inserting ``and'' at the end after the semicolon; and
            (5) by adding at the end the following new clause:
                            ``(v) all trafficking in persons activities 
                        of contractors reported to the Under Secretary 
                        of Defense for Acquisition, Technology, and 
                        Logistics;''.

SEC. 239. RULE OF CONSTRUCTION.

    Excluding section 237 of this Act, nothing in this subtitle shall 
be construed to supersede, enlarge, or diminish the common law or 
statutory liabilities of any grantee, subgrantee, contractor, 
subcontractor, or other party covered by section 106(g) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
amended by section 233 of this Act.

                       Subtitle E--Other Matters

SEC. 251. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL PROJECTS IN 
              CONNECTION WITH OVERSEAS CONTINGENCY OPERATIONS.

    (a) Limitation.--
            (1) In general.--Commencing 60 days after the date of the 
        enactment of this Act--
                    (A) amounts authorized to be appropriated for the 
                Department of Defense may not be obligated or expended 
                for a capital project described in subsection (b) 
                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, 
                completes an assessment on the necessity and 
                sustainability of the project;
                    (B) amounts authorized to be appropriated for the 
                Department of State may not be obligated or expended 
                for a capital project described in subsection (b) 
                unless the Secretary of State, in consultation with the 
                Chief of Mission in the country in which the project 
                will be carried out, completes an assessment on the 
                necessity and sustainability of the project; and
                    (C) amounts authorized to be appropriated for the 
                United States Agency for International Development may 
                not be obligated or expended for a capital project 
                described in subsection (b) unless the Administrator of 
                the United States Agency for International Development, 
                in consultation with the Mission Director and the Chief 
                of Mission in the country in which the project will be 
                carried out, completes an assessment on the necessity 
                and sustainability of the project.
            (2) Elements.--Each assessment on a capital project under 
        this subsection shall include, but not be limited to, the 
        following:
                    (A) An estimate of the total cost of the completed 
                project to the United States.
                    (B) An estimate of the financial and other 
                requirements necessary for the host government to 
                sustain the project on an annual basis after completion 
                of the project.
                    (C) An assessment whether the host government has 
                the capacity (in both financial and human resources) to 
                maintain and use the project after completion.
                    (D) An assessment whether the host government has 
                requested or expressed its need for the project, and an 
                explanation of the decision to proceed with the project 
                absent such request or need.
    (b) Covered Capital Projects.--
            (1) In general.--Except as provided in paragraph (2), a 
        capital project described in this subsection is any capital 
        project overseas for an overseas contingency operation for the 
        benefit of a host country and funded by the Department of 
        Defense, the Department of State, or the United States Agency 
        for International Development, as applicable, if the capital 
        project--
                    (A) in the case of a project that directly supports 
                building the capacity of indigenous security forces in 
                the host country, has an estimated value in excess of 
                $10,000,000; or
                    (B) in the case of any other project, has an 
                estimated value in excess of $2,000,000.
            (2) Exclusion.--A capital project described in this 
        subsection does not include any 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, the Secretary 
        of State, or the Administrator of the United States Agency for 
        International Development, as applicable, shall terminate each 
        capital project described in subsection (b) that is in 
        progress, but not completed, as of such effective date if such 
        Secretary or the Administrator, as the case may be--
                    (A) determines that the country does not have the 
                capacity (in both financial and human resources) to 
                effectively maintain and use the project; or
                    (B) has not made any determination on the matters 
                described in subparagraph (A) with respect to the 
                project.
            (2) Reports.--The Secretary of Defense, the Secretary of 
        State, and the Administrator of the United States Agency for 
        International Development, as applicable, shall include in the 
        first report submitted under subsection (e) after the effective 
        date specified in paragraph (1) a description of each capital 
        project terminated under this subsection.
    (d) Waiver.--The Secretary of Defense, the Secretary of State, or 
the Administrator of the United States Agency for International 
Development, as applicable, may waive the limitation in subsection (a) 
in order to initiate a capital project, or may waive the termination 
requirement in subsection (c) with respect to a capital project, if 
such Secretary or the Administrator, as the case may be, determines 
that the project is in the national security, diplomatic, or 
humanitarian interests of the United States. In the first report 
submitted under subsection (e) after any waiver under this subsection, 
such Secretary or the Administrator shall include a detailed 
justification of such waiver. Not later than 180 days after issuing a 
waiver under this subsection, such Secretary or the Administrator shall 
submit to Congress the assessment described in subsection (a) with 
respect to the capital project concerned.
    (e) Quarterly Reports.--
            (1) In general.--Not later than 30 days after the end of 
        each fiscal-year quarter 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 setting forth each 
        assessment conducted under subsection (a) by such Secretary or 
        the Administrator, as the case may be, during such fiscal-year 
        quarter.
            (2) Additional elements.--Each report under paragraph (1) 
        shall include, for each capital project covered by such report, 
        an evaluation (other than by amount of funds expended) of the 
        effectiveness of such project, including, at a minimum, the 
        following:
                    (A) The stated goals of the project.
                    (B) The actions taken to assess and verify whether 
                the project has met the stated goals of the project or 
                is on track to meet such goals when completed.
                    (C) The current and anticipated effects of the 
                project on levels of violence in the country in which 
                the project is being carried out.
                    (D) The current and anticipated levels of 
                corruption or fraud in connection with the project, and 
                the current and anticipated risks of corruption or 
                fraud in connection with the project.
                    (E) The current and anticipated levels of 
                involvement of local governments, communities, and 
                individuals in the project.
            (3) Form.--Each report shall be submitted in unclassified 
        form, but may include a classified annex.
    (f) Capital Project Defined.--In this section, the term ``capital 
project'' has the meaning given that term in section 308 of the Aid, 
Trade, and Competitiveness Act of 1992 (22 U.S.C. 2421e).
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