II 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 3286 IS

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. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 3286 IS

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. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 3286 IS

1 (A) the Committee on Armed Services, the 

2 Committee on Foreign Relations, the Com3 mittee on Homeland Security and Govern4 mental Affairs, and the Committee on Appro5 priations of the Senate; and 

6 (B) the Committee on Armed Services, the 

7 Committee on Foreign Affairs, the Committee 

8 on Oversight and Government Reform, and the 

9 Committee on Appropriations of the House of 

10 Representatives. 

11 (2) FEDERAL ACQUISITION REGULATORY COUN12 CIL.—The term ‘‘Federal Acquisition Regulatory 

13 Council’’ means the Federal Acquisition Regulatory 

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

15 States Code. 

16 (3) OVERSEAS CONTINGENCY OPERATION.—The 

17 term ‘‘overseas contingency operation’’ means a mili18 tary operation outside the United States and its ter19 ritories and possessions that is— 

20 (A) a contingency operation, as that term 

21 is defined in subparagraph (A) of section 

22 101(a)(13) of title 10, United States Code; or 

23 (B) a contingency operation, as that term 

24 is defined in subparagraph (B) of section 

25 101(a)(13) of title 10, United States Code, but 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 3286 IS

1 only if such operation involves actual or poten2 tial hostilities against an enemy of the United 

3 States or against an opposing military force. 

4 TITLE I—ORGANIZATION AND 

5 MANAGEMENT OF FEDERAL 

6 GOVERNMENT FOR CON7 TRACTING FOR OVERSEAS 

8 CONTINGENCY OPERATIONS 

9 Subtitle A—Government-Wide 

10 Matters 

11 SEC. 101. RESPONSIBILITIES OF THE PRESIDENT REGARD12 ING FINANCING OF OVERSEAS CONTINGENCY 

13 OPERATIONS. 

14 The President shall ensure that any request to Con15 gress for funds for or relating to an overseas contingency 

16 operation includes the following: 

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

18 broken out by— 

19 (A) amounts requested for each appropria20 tions account covered by the request; and 

21 (B) amounts intended to be allocated to 

22 each program, project, and activity to be funded 

23 through the request. 

24 (2) A specific proposal for means of financing 

25 the amount requested, including an increase in specVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 3286 IS

1 ified revenues, a decrease in specified programs, 

2 projects, or activities, borrowing by the Federal Gov3 ernment, or other appropriate means. 

4 SEC. 102. RESPONSIBILITIES OF THE DIRECTOR OF THE OF5 FICE OF MANAGEMENT AND BUDGET RE6 GARDING OVERSEAS CONTINGENCY OPER7 ATIONS. 

8 (a) RESPONSIBILITIES REGARDING COSTS AND FI9 NANCING.— 

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

11 Management and Budget shall be the principal offi12 cial of the Federal Government with responsibility 

13 for advising the President on financial matters in 

14 connection with overseas contingency operations, in15 cluding the costs and proposed means of financing 

16 of all programs, projects, and activities of the Fed17 eral Government in connection with such operations. 

18 (2) PARTICULAR RESPONSIBILITIES.—The re19 sponsibility of the Director under this subsection 

20 shall include the responsibilities as follows: 

21 (A) To advise and report to the President 

22 on estimates of costs in connection with over23 seas contingency operations, including direct 

24 and indirect costs, current and future costs, 

25 and anticipated contracting costs. 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 3286 IS

1 (B) To identify and report to the President 

2 on means of financing the costs of the Federal 

3 Government in connection with overseas contin4 gency operations, including an increase in speci5 fied revenues, a decrease in specified programs, 

6 projects, or activities, borrowing by the Federal 

7 Government, or other appropriate means. 

8 (3) CONSULTATION.—The Director shall carry 

9 out the responsibility of the Director under this sub10 section in consultation with the Secretary of the 

11 Treasury, the Secretary of Defense, the Secretary of 

12 State, and other appropriate officials of the Federal 

13 Government. 

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

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

16 Federal funds are obligated for or in connection with an 

17 overseas contingency operation, the Director of the Office 

18 of Management and Budget shall submit to Congress a 

19 report on the obligation and expenditure of Federal funds 

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

21 and in the aggregate since the commencement or designa22 tion of the operation as a contingency operation. 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 3286 IS

1 SEC. 103. RESPONSIBILITIES OF INSPECTORS GENERAL 

2 FOR OVERSEAS CONTINGENCY OPERATIONS. 

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

4 1978 (5 U.S.C. App.) is amended— 

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

6 and 

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

8 new section 8L: 

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

10 CONTINGENCY OPERATIONS. 

11 ‘‘(a) IN GENERAL.—Upon the commencement or des12 ignation of a military operation as an overseas contingency 

13 operation that exceeds 30 days, the Inspectors General 

14 specified in subsection (b) shall have the responsibilities 

15 specified in this section. 

16 ‘‘(b) INSPECTORS GENERAL.—The Inspectors Gen17 eral specified in this subsection are the Inspectors General 

18 as follows: 

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

20 of Defense. 

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

22 of State. 

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

24 States Agency for International Development. 

25 ‘‘(c) STANDING COMMITTEE ON OVERSEAS CONTIN26 GENCY OPERATIONS.—(1) The Council of Inspectors GenVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 3286 IS

1 eral on Integrity and Efficiency (CIGIE) shall establish 

2 a standing committee on overseas contingency operations. 

3 The standing committee shall consist of the following: 

4 ‘‘(A) A chair, who shall be the Lead Inspector 

5 General for an overseas contingency operation under 

6 subsection (d) if such an operation is underway, and 

7 shall be an Inspector General specified in subsection 

8 (b) selected by the Inspectors General specified in 

9 that subsection from among themselves if such an 

10 operation is not underway. 

11 ‘‘(B) The other Inspectors General specified in 

12 subsection (b). 

13 ‘‘(C) For the duration of any contingency oper14 ation that exceeds 30 days, any other inspectors 

15 general determined by the chair, in coordination 

16 with the other Inspectors General specified in sub17 section (b), to have actual or potential areas of re18 sponsibility with respect to the contingency oper19 ation. 

20 ‘‘(2) The standing committee shall have such on21 going responsibilities, including planning, coordination, 

22 and development of practices, to improve oversight of over23 seas contingency operations as the chair considers appro24 priate. 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 3286 IS

1 ‘‘(3)(A) For the duration of any contingency oper2 ation that exceeds 30 days, the standing committee shall 

3 develop and update on an annual basis a joint-strategic 

4 plan for ongoing and planned oversight of the contingency 

5 operation by the Inspectors General specified in subsection 

6 (b) and designated pursuant to paragraph (1)(C), includ7 ing the following: 

8 ‘‘(i) Audit and available inspection plans. 

9 ‘‘(ii) An overall assessment of such oversight, 

10 including projects or areas (whether departmental or 

11 government-wide) of concern or in need of further 

12 review. 

13 ‘‘(iii) Such other matters as the Lead Inspector 

14 General for the contingency operation considers ap15 propriate. 

16 ‘‘(B) Each plan under this paragraph, and any up17 date of such plan, shall be made available to the public. 

18 ‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS

19 CONTINGENCY OPERATIONS.—(1) There shall be a lead 

20 inspector general for each overseas contingency operation 

21 that exceeds 30 days (in this section referred to as the 

22 ‘Lead Inspector General’ for the contingency operation 

23 concerned). 

24 ‘‘(2) The Lead Inspector General for a contingency 

25 operation shall be the Inspector General of the DepartVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 3286 IS

1 ment of Defense, who shall assume such role not later 

2 than 30 days after the commencement or designation of 

3 the military operation concerned as a contingency oper4 ation. 

5 ‘‘(e) RESPONSIBILITIES OF LEAD INSPECTOR GEN6 ERAL.—(1) The Lead Inspector General for an overseas 

7 contingency operation shall have the following responsibil8 ities: 

9 ‘‘(A) To conduct oversight, in full coordination 

10 with the other Inspectors General specified in sub11 section (b), over all aspects of the contingency oper12 ation and to ensure, either through joint or indi13 vidual audits, inspections, and investigations, inde14 pendent and effective oversight of all programs and 

15 operations of all departments and agencies in the 

16 contingency operation. 

17 ‘‘(B) To appoint, from among the offices of the 

18 other Inspectors General specified in subsection (b), 

19 an Inspector General to act as Associate Inspector 

20 General for the overseas contingency operation who 

21 shall act in a coordinating role to assist the Lead In22 spector General in the discharge of responsibilities 

23 under this subsection. 

24 ‘‘(C)(i) If none of the Inspectors General speci25 fied in subsection (b) has principal jurisdiction over 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•S 3286 IS

1 a matter with respect to the contingency operation, 

2 to exercise responsibility for discharging oversight 

3 responsibilities in accordance with this Act with re4 spect to such matter. 

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

6 specified in subsection (b) has jurisdiction over a 

7 matter with respect to the contingency operation, to 

8 determine principal jurisdiction for discharging over9 sight responsibilities in accordance with this Act 

10 with respect to such matter. 

11 ‘‘(D) To submit to Congress on a semi-annual 

12 basis, and to make available on an Internet website 

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

14 the Lead Inspector General and the other Inspectors 

15 General specified in subsection (b) with respect to 

16 the contingency operation, including— 

17 ‘‘(i) the status and results of audits, in18 spections, and closed investigations, and of the 

19 number of referrals to the Department of Jus20 tice; and 

21 ‘‘(ii) updates and changes to overall plans 

22 for the review of the contingency operation by 

23 inspectors general, including plans for inspec24 tions and audits. 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•S 3286 IS

1 ‘‘(E) To submit to Congress on a semi-annual 

2 basis, and to make available on an Internet website 

3 available to the public, a report on the contingency 

4 operation setting forth the information specified in 

5 paragraph (2). 

6 ‘‘(F) To carry out such other responsibilities re7 lating to the coordination and efficient and effective 

8 discharge by the Inspectors General specified in sub9 section (b) of duties relating to the contingency op10 eration as the Lead Inspector General shall specify. 

11 ‘‘(2) The information specified in this paragraph with 

12 respect to an overseas contingency operation is as follows: 

13 ‘‘(A) Obligations and expenditures of appro14 priated funds. 

15 ‘‘(B) A project-by-project and program-by-pro16 gram accounting of the costs incurred to date for 

17 the contingency operation, together with the esti18 mate of the Department of Defense, the Department 

19 of State, and the United States Agency for Inter20 national Development, as applicable, of the costs to 

21 complete each project and each program. 

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

23 funds provided by foreign nations or international 

24 organizations to programs and projects for the con25 tingency operation that are funded by any departVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
14 

•S 3286 IS

1 ment or agency of the United States Government, 

2 and any obligations or expenditures of such reve3 nues. 

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

5 foreign assets seized or frozen that contribute to 

6 programs and projects for the contingency operation 

7 that are funded by any department or agency of the 

8 United States Government, and any obligations or 

9 expenditures of such revenues. 

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

11 receiving amounts appropriated or otherwise made 

12 available for the contingency operation. 

13 ‘‘(F) In the case of any contract, grant, agree14 ment, or other funding mechanism with respect to 

15 the contingency operation— 

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

17 agreement, or other funding mechanism; 

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

19 contract, grant, agreement, or other funding 

20 mechanism; 

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

22 or agency of the United States Government in23 volved in the contract, grant, agreement, or 

24 other funding mechanism identified, and solic25 ited offers from, potential individuals or entities 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•S 3286 IS

1 to perform the contract, grant, agreement, or 

2 other funding mechanism, together with a list 

3 of the potential individuals or entities that were 

4 issued solicitations for the offers; and 

5 ‘‘(iv) the justification and approval docu6 ments on which was based the determination to 

7 use procedures other than procedures that pro8 vide for full and open competition. 

9 ‘‘(3) The Lead Inspector General for an overseas con10 tingency operation shall discharge the responsibilities for 

11 the contingency operation under this subsection in a man12 ner consistent with the authorities and requirements of 

13 this Act generally and the authorities and requirements 

14 applicable to the Inspectors General specified in subsection 

15 (b) under this Act. 

16 ‘‘(f) TEMPORARY EMPLOYMENT AUTHORITY.—(1) 

17 Each Inspector General specified in subsection (b) may 

18 employ, on a temporary basis using the authorities in sec19 tion 3161 of title 5, United States Code (but without re20 gard to subsections (a) and (b)(2) of such section), such 

21 auditors, inspectors, investigators, and other personnel as 

22 such Inspector General considers appropriate for purposes 

23 of assisting such Inspector General in discharging respon24 sibilities under subsection (e) with respect to an overseas 

25 contingency operation. 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•S 3286 IS

1 ‘‘(2) The employment under this subsection of an an2 nuitant described in section 9902(g) of title 5, United 

3 States Code, shall be governed by the provisions of such 

4 section as if the position to which employed was a position 

5 in the Department of Defense. 

6 ‘‘(3) The employment under this subsection of an an7 nuitant receiving an annuity under the Foreign Service 

8 Retirement and Disability System under chapter 8 of the 

9 Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) shall 

10 be treated as employment in an elective position in the 

11 Government on a temporary basis under section 824(b) 

12 of the Foreign Service Act of 1980 (22 U.S.C. 4064(b)) 

13 for which continued receipt of annuities may be elected 

14 as provided in such section. 

15 ‘‘(4) The authority to employ personnel under this 

16 subsection for a contingency operation shall cease as pro17 vided for in subsection (g). 

18 ‘‘(g) SUNSET FOR PARTICULAR CONTINGENCY OPER19 ATIONS.—The requirements and authorities of this section 

20 with respect to an overseas contingency operation shall 

21 cease at the earlier of— 

22 ‘‘(1) the end of the first fiscal year after the 

23 commencement or designation of the contingency op24 eration in which the total amount appropriated for 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•S 3286 IS

1 the contingency operation is less than $250,000,000 

2 (in constant fiscal year 2012 dollars); or 

3 ‘‘(2) the date that is 18 months after the date 

4 of the issuance by the Secretary of Defense of an 

5 order terminating the contingency operation. 

6 ‘‘(h) CONSTRUCTION OF AUTHORITY.—Nothing in 

7 this Act shall be construed to limit the ability of the In8 spectors General specified in subsection (b) to enter into 

9 agreements to conduct joint audits, inspections, or inves10 tigations in the exercise of their oversight responsibilities 

11 in accordance with this Act with respect to overseas con12 tingency operations. 

13 ‘‘(i) OVERSEAS CONTINGENCY OPERATION DE14 FINED.—In this section, the term ‘overseas contingency 

15 operation’ means a military operation outside the United 

16 States and its territories and possessions that is— 

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

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

19 title 10, United States Code; or 

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

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

22 of title 10, United States Code, but only if such op23 eration involves actual or potential hostilities against 

24 an enemy of the United States or against an oppos25 ing military force. 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•S 3286 IS

1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—(1) For 

2 each fiscal year in which the authorities under this section 

3 are in effect for an overseas contingency operation, there 

4 is hereby authorized to be appropriated for each of the 

5 Department of Defense, the Department of State, and the 

6 United States Agency for International Development for 

7 each of the Inspectors General specified in subsection (b), 

8 respectively, for oversight of the contingency operation 

9 under the authorities in this section, sums in an amount 

10 equal to 0.5 percent of the amount authorized to be appro11 priated for such fiscal year for such department or agency 

12 for the programs and activities of such department or 

13 agency for the contingency operation. 

14 ‘‘(2) Amounts authorized to be appropriated by this 

15 subsection are in addition to any other amounts author16 ized to be appropriated for the Inspectors General referred 

17 to in paragraph (1) by law. 

18 ‘‘(3)(A) Amounts authorized to be appropriated by 

19 this subsection may be obligated and expended only for 

20 oversight directly related to overseas contingency oper21 ations. Amounts authorized to be appropriated by this 

22 subsection to one Inspector General referred to in para23 graph (1) may be made available to another Inspector 

24 General referred to in that paragraph, upon the joint 

25 agreement of such Inspectors General, based on personnel 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•S 3286 IS

1 needs, security requirements, or such other matters as 

2 such Inspectors General consider appropriate. 

3 ‘‘(4) Any amounts authorized to be appropriated by 

4 this subsection to an Inspector General that are not ex5 pended shall be deposited in the General Fund of the 

6 Treasury.’’. 

7 (b) CONFORMING AMENDMENT RELATING TO TEM8 PORARY EMPLOYMENT AUTHORITY.—Section 3161 of 

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

10 end the following new subsection: 

11 ‘‘(j) LEAD INSPECTORS GENERAL FOR OVERSEAS

12 CONTINGENCY OPERATIONS AS TEMPORARY ORGANIZA13 TION.—In addition to the meaning given that term in sub14 section (a), the term ‘temporary organization’ for purposes 

15 of this subchapter shall, without regard to subsections (a) 

16 and (b)(2) of this section, also include the Lead Inspector 

17 General for an overseas contingency operation under sec18 tion 8L of the Inspector General Act of 1978 and the In19 spectors General and inspector general office personnel as20 sisting the Lead Inspector General in the discharge of re21 sponsibilities and authorities under subsection (e) of such 

22 section 8L with respect to the contingency operation.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•S 3286 IS

1 SEC. 104. AGENCY REPORTS AND INSPECTOR GENERAL AU2 DITS OF CERTAIN INFORMATION ON OVER3 SEAS CONTINGENCY OPERATIONS. 

4 (a) AGENCY REPORTS.—Not later than 180 days 

5 after the commencement or designation of a military oper6 ation as an overseas contingency operation and semi-annu7 ally thereafter during the duration of the contingency op8 eration, the Secretary of Defense, the Secretary of State, 

9 and the Administrator of the United States Agency for 

10 International Development shall each submit to the In11 spector General of the department or agency concerned 

12 the information required by subsection (e)(2) of section 

13 8L of the Inspector General Act of 1978 (as amended by 

14 section 103 of this Act) on the contingency operation. 

15 (b) INSPECTOR GENERAL AUDITS.—Not later than 

16 180 days after receipt of a report under subsection (a), 

17 each Inspector General referred to in that subsection 

18 shall— 

19 (1) perform an audit on the quality of the infor20 mation submitted in such report, including an as21 sessment of the completeness and accuracy of the in22 formation and the extent to which the information 

23 fully satisfies the requirements of such Inspector 

24 General in preparing the annual report described in 

25 subsection (e)(1)(E) of section 8L of the Inspector 

26 General Act of 1978 (as so amended); and 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•S 3286 IS

1 (2) submit to the appropriate committees of 

2 Congress a report on the reliability, accuracy, and 

3 completeness of the information, including any sig4 nificant problems in such information. 

5 SEC. 105. OVERSIGHT OF CONTRACTS AND CONTRACTING 

6 ACTIVITIES FOR OVERSEAS CONTINGENCY 

7 OPERATIONS IN RESPONSIBILITIES OF CHIEF 

8 ACQUISITION OFFICERS OF FEDERAL AGEN9 CIES. 

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

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

12 (1) by redesignating subparagraphs (F) and 

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

14 (2) by inserting after subparagraph (E) the fol15 lowing new subparagraph (F): 

16 ‘‘(F) advising the executive agency on the appli17 cability of relevant policy on the contracts of the 

18 agency for overseas contingency operations and en19 suring the compliance of the contracts and con20 tracting activities of the agency with such policy;’’. 

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

22 by adding at the following new subsection: 

23 ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DE24 FINED.—In this section, the term ‘overseas contingency 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•S 3286 IS

1 operations’ means military operations outside the United 

2 States and its territories and possessions that are— 

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

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

5 title 10; or 

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

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

8 only if such operation involves actual or potential 

9 hostilities against an enemy of the United States or 

10 against an opposing military force.’’. 

11 Subtitle B—Multi-Agency Matters 

12 SEC. 111. INCLUSION OF CONTRACTS FOR SUPPORT OF 

13 OVERSEAS CONTINGENCY OPERATIONS IN 

14 MANAGEMENT STRUCTURE OF DEPARTMENT 

15 OF DEFENSE, DEPARTMENT OF STATE, AND 

16 UNITED STATES AGENCY FOR INTER17 NATIONAL DEVELOPMENT FOR PROCURE18 MENT OF CONTRACT SERVICES. 

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

20 title 10, United States Code, is amended— 

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

22 services’’ and all that follows and inserting ‘‘includ23 ing services in support of overseas contingency oper24 ations. The term does not include services relating 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•S 3286 IS

1 to research and development or military construc2 tion.’’; and 

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

4 paragraph: 

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

6 means military operations outside the United States 

7 and its Commonwealths and possessions that are— 

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

9 is defined in subparagraph (A) of section 

10 101(a)(13) of this title; or 

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

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

13 but only if such operation involves actual or po14 tential hostilities against an enemy of the 

15 United States or against an opposing military 

16 force.’’. 

17 (b) DEPARTMENT OF STATE.— 

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

19 establish and implement a management structure for 

20 the procurement of contract services for the Depart21 ment of State. 

22 (2) ELEMENTS.—The management structure 

23 required by this subsection shall include such ele24 ments of the management structure for the procure25 ment of contract services for the Department of DeVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
24 

•S 3286 IS

1 fense under section 2330 of title 10, United States 

2 Code (as amended by subsection (a)), as the Sec3 retary of State considers appropriate for the pro4 curement of contract services. 

5 (3) DISCHARGE OF PRINCIPAL RESPONSIBIL6 ITIES.—Any responsibility in the management struc7 ture for the procurement of contract services for the 

8 Department of State under this subsection that is 

9 derived from a responsibility discharged by the 

10 Under Secretary of Defense for Acquisition, Tech11 nology, and Logistics under section 2330 of title 10, 

12 United States Code (as so amended), shall be dis13 charged in the management structure under this 

14 subsection by the Director of Acquisition and Logis15 tics of the Department of State under section 63 of 

16 the State Department Basic Authorities Act of 1956 

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

18 (c) USAID.— 

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

20 United States Agency for International Development 

21 shall establish and implement a management struc22 ture for the procurement of contract services for the 

23 United States Agency for International Develop24 ment. 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•S 3286 IS

1 (2) ELEMENTS.—The management structure 

2 required by this subsection shall include such ele3 ments of the management structure for the procure4 ment of contract services for the Department of De5 fense under section 2330 of title 10, United States 

6 Code (as amended by subsection (a)), as the Admin7 istrator considers appropriate for the procurement of 

8 contract services. 

9 (3) DISCHARGE OF PRINCIPAL RESPONSIBIL10 ITIES.—Any responsibility in the management struc11 ture for the procurement of contract services for the 

12 United States Agency for International Development 

13 under this subsection that is derived from a respon14 sibility discharged by the Under Secretary of De15 fense for Acquisition, Technology, and Logistics 

16 under section 2330 of title 10, United States Code 

17 (as so amended), shall be discharged in the manage18 ment structure under this subsection by the Director 

19 of Acquisition and Assistance of the United States 

20 Agency for International Development under section 

21 131(b) of this Act. 

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

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

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


smartinez on DSK6TPTVN1PROD with BILLS
26 

•S 3286 IS

1 services in support of activities of the agency in connection 

2 with overseas contingency operations. 

3 (e) REPORTS TO CONGRESS.— 

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

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

6 Secretary of Defense, the Secretary of State, and 

7 the Administrator of the United States Agency for 

8 International Development shall each submit to the 

9 appropriate committees of Congress a report on the 

10 implementation by the department or agency con11 cerned of this section and the amendments made by 

12 this section, as applicable. 

13 (2) ELEMENTS FOR DEPARTMENT OF STATE

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

15 and the Administrator of the United States Agency 

16 for International Development under this subsection 

17 shall each set forth the following: 

18 (A) A comprehensive description of the 

19 management structure established and imple20 mented by the department or agency, as the 

21 case may be, under this section. 

22 (B) An identification of any elements of 

23 the management structure of the Department 

24 of Defense under section 2330 of title 10, 

25 United States Code (as amended by subsection 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•S 3286 IS

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

2 structure of the department or agency, as the 

3 case may be, and a justification for the omis4 sion of such elements. 

5 (C) An identification of any elements of 

6 the management structure of the department or 

7 agency, as the case may be, that are not in8 cluded in the management structure of the De9 partment of Defense, and a justification for the 

10 inclusion of such elements. 

11 SEC. 112. REQUIREMENTS AND LIMITATIONS FOR SUSPEN12 SION AND DEBARMENT OFFICIALS OF THE 

13 DEPARTMENT OF DEFENSE, THE DEPART14 MENT OF STATE, AND THE UNITED STATES 

15 AGENCY FOR INTERNATIONAL DEVELOP16 MENT. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the head of the covered 

19 agency concerned shall ensure the following: 

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

21 and debarment official— 

22 (A) in the case of the Department of De23 fense, for each of the Department of the Army, 

24 the Department of the Navy, the Department of 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•S 3286 IS

1 the Air Force, and the Defense Logistics Agen2 cy; 

3 (B) for the Department of State; and 

4 (C) for the United States Agency for Inter5 national Development. 

6 (2) A suspension and debarment official under 

7 paragraph (1) may not report to or be subject to the 

8 supervision of the acquisition office or the Inspector 

9 General of— 

10 (A) in the case of the Department of De11 fense, either the Department of Defense or the 

12 military department or Defense Agency con13 cerned; and 

14 (B) in the case of any other covered agen15 cy, the acquisition office or the Inspector Gen16 eral of such agency. 

17 (3) The duties of a suspension and debarment 

18 official under paragraph (1) may include only the 

19 following: 

20 (A) The direction, management, and over21 sight of suspension and debarment activities. 

22 (B) The direction, management, and over23 sight of fraud remedies activities. 

24 (C) Membership and participation in the 

25 Interagency Committee on Debarment and SusVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
29 

•S 3286 IS

1 pension in accordance with Executive Order No. 

2 12549 and section 873 of the Duncan Hunter 

3 National Defense Authorization Act for Fiscal 

4 Year 2009 (as amended by this section). 

5 (4) Each suspension and debarment official 

6 under paragraph (1) shall have a staff and resources 

7 adequate for the discharge of the suspension and de8 barment responsibilities of such official. 

9 (5) Each suspension and debarment official 

10 under paragraph (1) shall document the basis for 

11 any final decision taken pursuant to a formal refer12 ral in accordance with the policies established under 

13 paragraph (6), including, but not limited to, the fol14 lowing: 

15 (A) Any final decision to suspend or debar 

16 any person or entity. 

17 (B) Any final decision not to suspend or 

18 debar any person or entity. 

19 (C) Any final decision declining to pursue 

20 suspension or debarment of any person or enti21 ty. 

22 (D) Any administrative agreement entered 

23 with any person or persons in lieu of suspension 

24 or debarment of such person or entity. 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•S 3286 IS

1 (6) Each suspension and debarment official 

2 under paragraph (1) shall, in consultation with the 

3 General Counsel of the covered agency concerned, 

4 establish in writing policies for the consideration of 

5 the following: 

6 (A) Formal referrals of suspension and de7 barment matters. 

8 (B) Suspension and debarment matters 

9 that are not formally referred. 

10 (b) COVERED AGENCY DEFINED.—In subsection (a), 

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

12 (1) The Department of Defense. 

13 (2) The Department of State. 

14 (3) The United States Agency for International 

15 Development. 

16 (c) DUTIES OF INTERAGENCY COMMITTEE ON DE17 BARMENT AND SUSPENSION.—Section 873 of the Duncan 

18 Hunter National Defense Authorization Act for Fiscal 

19 Year 2009 (31 U.S.C. 6101 note) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1), by inserting ‘‘, in22 cluding with respect to contracts in connection 

23 with contingency operations’’ before the semi24 colon; and 

25 (B) in paragraph (7)— 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•S 3286 IS

1 (i) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

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

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing new subparagraph: 

8 ‘‘(D) a summary of suspensions, 

9 debarments, and administrative agreements 

10 during the previous year.’’; and 

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

12 following new subsections: 

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

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

15 submitted not later than 120 days after the end of the 

16 first fiscal year ending after the date of the enactment 

17 of the Comprehensive Contingency Contracting Reform 

18 Act of 2012, and annually thereafter. 

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

20 ‘‘(1) The term ‘contingency operation’ has the 

21 meaning given that term in section 101(a)(13) of 

22 title 10, United States Code. 

23 ‘‘(2) The term ‘Interagency Committee on De24 barment and Suspension’ means the committee conVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
32 

•S 3286 IS

1 stituted under sections 4 and 5 of Executive Order 

2 No. 12549.’’. 

3 SEC. 113. ADDITIONAL BASES FOR SUSPENSION OR DEBAR4 MENT. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Federal Acquisition 

7 Regulatory Council shall revise the Federal Acquisition 

8 Regulation to provide for the automatic referral of a per9 son described in subsection (b) to the appropriate suspen10 sion and debarment official for a determination whether 

11 or not the person should be suspended or debarred. 

12 (b) COVERED PERSONS.—A person described in this 

13 subsection is any person as follows: 

14 (1) A person who has been charged with a Fed15 eral criminal offense relating to the award or per16 formance of a contract of a covered agency. 

17 (2) A person who has been alleged, in a civil or 

18 criminal proceeding brought by the United States, to 

19 have engaged in fraudulent actions in connection 

20 with the award or performance of a contract of a 

21 covered agency. 

22 (3) A person who has been determined by the 

23 head of a contracting agency of a covered agency to 

24 have failed to pay or refund amounts due or owed 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•S 3286 IS

1 to the Federal Government in connection with the 

2 performance of a contract of the covered agency. 

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

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

5 (1) The Department of Defense. 

6 (2) The Department of State. 

7 (3) The United States Agency for International 

8 Development. 

9 Subtitle C—Department of Defense 

10 Matters 

11 SEC. 121. RESPONSIBILITY WITHIN DEPARTMENT OF DE12 FENSE FOR CONTRACT SUPPORT FOR OVER13 SEAS CONTINGENCY OPERATIONS. 

14 (a) RESPONSIBILITY.— 

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

16 after the date of the enactment of this Act, the Sec17 retary of Defense shall prescribe in regulations the 

18 chain of authority and responsibility within the De19 partment of Defense for policy, planning, and execu20 tion of contract support for overseas contingency op21 erations. 

22 (2) ELEMENTS.—The regulations under para23 graph (1) shall, at a minimum— 

24 (A) specify the officials, offices, and com25 ponents of the Department within the chain of 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•S 3286 IS

1 authority and responsibility described in para2 graph (1); 

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

4 component specified under subparagraph (A)— 

5 (i) requirements for policy, planning, 

6 and execution of contract support for over7 seas contingency operations, including, at a 

8 minimum, requirements in connection 

9 with— 

10 (I) coordination of functions, au11 thorities, and responsibilities related 

12 to operational contract support for 

13 overseas contingency operations; 

14 (II) assessments of total force 

15 data in support of Department force 

16 planning scenarios, including the ap17 propriateness of and necessity for the 

18 use of contractors for identified func19 tions; 

20 (III) determinations of capability 

21 requirements for non-acquisition com22 munity operational contract support, 

23 and identification of resources re24 quired for planning, training, and exe25 cution to meet such requirements; 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•S 3286 IS

1 (IV) determinations of policy re2 garding the use of contractors by 

3 function, and identification of the 

4 training exercises that will be required 

5 for contract support (including an as6 sessment whether or not such exer7 cises will include contractors); and 

8 (V) establishment of an inven9 tory, and identification of areas of 

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

11 contract support in overseas contin12 gency operations and for areas in 

13 which members of the Armed Forces 

14 will be used in such operations instead 

15 of contract support; and 

16 (ii) roles, authorities, responsibilities, 

17 and lines of supervision for the achieve18 ment of the requirements identified under 

19 clause (i), including the position within the 

20 chain of authority and responsibility de21 scribed in paragraph (1) with responsibility 

22 for reporting directly to the Secretary re23 garding policy, planning, and execution of 

24 contract support for overseas contingency 

25 operations; and 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•S 3286 IS

1 (C) ensure that the chain of authority and 

2 responsibility described in paragraph (1) is ap3 propriately aligned with, and appropriately inte4 grated into, the structure of the Department 

5 for the conduct of overseas contingency oper6 ations, including the military departments, the 

7 Joint Staff, and the commanders of the unified 

8 combatant commands. 

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

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

11 the Secretary shall submit to the appropriate committees 

12 of Congress a report on the regulations prescribed under 

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

14 (1) The regulations. 

15 (2) A comprehensive description of the require16 ments identified under clause (i) of subsection 

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

18 manner in which the roles, authorities, responsibil19 ities, and lines of supervision under clause (ii) of 

20 that subsection will further the achievement of such 

21 requirements. 

22 (3) A comprehensive description of the manner 

23 in which the regulations will meet the requirements 

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


smartinez on DSK6TPTVN1PROD with BILLS
37 

•S 3286 IS

1 (c) COMPTROLLER GENERAL REPORT.—Not later 

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

3 Act, the Comptroller General of the United States shall 

4 submit to the appropriate committees of Congress a report 

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

6 report shall set forth an assessment by the Comptroller 

7 General of the extent to which the regulations will further 

8 the achievement by the Department of Defense of efficient 

9 and effective policy, planning, and execution of contract 

10 support for overseas contingency operations. 

11 (d) ANNUAL REPORTS ON CONTRACT SUPPORT FOR

12 OVERSEAS CONTINGENCY OPERATIONS INVOLVING COM13 BAT OPERATIONS.— 

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

15 after the commencement or designation of a contin16 gency operation outside the United States that in17 cludes combat operations, and annually thereafter 

18 until the termination of the operation, the Secretary 

19 of Defense shall, except as provided in paragraph 

20 (2), submit to the appropriate committees of Con21 gress a report on contract support for the operation. 

22 (2) EXCEPTION.—If the total annual amount of 

23 obligations for contracts for support of a contin24 gency operation otherwise described by paragraph 

25 (1) do not exceed $250,000,000 in an annual reportVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
38 

•S 3286 IS

1 ing period otherwise covered by that paragraph, no 

2 report shall be required on the operation under that 

3 paragraph for that annual reporting period. 

4 (3) ELEMENTS.— 

5 (A) IN GENERAL.—Each report under 

6 paragraph (1) regarding an operation shall set 

7 forth the following: 

8 (i) A description and assessment of 

9 the policy, planning, management, and 

10 oversight of the Department of Defense 

11 with respect to contract support for the op12 eration. 

13 (ii) With respect to contracts entered 

14 into in connection with the operation: 

15 (I) The total number of contracts 

16 entered into as of the date of such re17 port. 

18 (II) The total number of such 

19 contracts that are active as of such 

20 date. 

21 (III) The total value of contracts 

22 entered into as of such date. 

23 (IV) The total value of such con24 tracts that are active as of such date. 


smartinez on DSK6TPTVN1PROD with BILLS
39 

•S 3286 IS

1 (V) An identification of the ex2 tent to which the contracts entered 

3 into as of such date were entered into 

4 using competitive procedures. 

5 (VI) The total number of con6 tractor personnel working under con7 tracts entered into as of the end of 

8 each calendar quarter during the one9 year period ending on such date. 

10 (VII) The total number of con11 tractor personnel performing security 

12 functions under contracts entered into 

13 as of the end of each calendar quarter 

14 during the one-year period ending on 

15 such date. 

16 (VIII) The total number of con17 tractor personnel killed or wounded 

18 under any contracts entered into. 

19 (iii) The sources of information and 

20 data used to prepare the portion of such 

21 report required by clause (ii). 

22 (iv) A description of any known limi23 tations of the information or data reported 

24 under clause (ii), including known limita25 tions in methodology or data sources. 


smartinez on DSK6TPTVN1PROD with BILLS
40 

•S 3286 IS

1 (v) Any plans for strengthening collec2 tion, coordination, and sharing of informa3 tion on contracts entered into in connec4 tion with the operation. 

5 (B) ESTIMATES.—In determining the total 

6 number of contractor personnel working under 

7 contracts for purposes of subparagraph 

8 (A)(ii)(VI), the Secretary may use estimates for 

9 any category of contractor personnel for which 

10 the Secretary determines it is not feasible to 

11 provide an actual count. Each report under 

12 paragraph (1) shall fully disclose the extent to 

13 which such an estimate is used in lieu of an ac14 tual count. 

15 (4) PROHIBITION ON PREPARATION BY CON16 TRACTOR PERSONNEL.—A report under paragraph 

17 (1) may not be prepared by contractor personnel. 

18 (5) USE OF EXISTING REPORTS FOR CERTAIN

19 CONTINGENCY OPERATIONS.—The requirement to 

20 submit reports under paragraph (1) on a contin21 gency operation in Iraq or Afghanistan may be met 

22 by the submittal of the reports required by section 

23 863 of the National Defense Authorization Act for 

24 Fiscal Year 2008 (10 U.S.C. 2302 note). 


smartinez on DSK6TPTVN1PROD with BILLS
41 

•S 3286 IS

1 SEC. 122. INCLUSION OF CONTRACT SUPPORT IN CERTAIN 

2 REQUIREMENTS FOR DEPARTMENT OF DE3 FENSE PLANNING. 

4 (a) READINESS REPORTING SYSTEM.—Section 

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

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

10 forces.’’. 

11 (b) CONTINGENCY PLANNING AND PREPAREDNESS

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

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

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

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

18 heads of the Defense Agencies, and the commanders 

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

21 forces and recommending the resources required to 

22 improve and enhance operational contract support 

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


smartinez on DSK6TPTVN1PROD with BILLS
42 

•S 3286 IS

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

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

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

6 following new paragraph: 

7 ‘‘(6) Contingency operations.’’. 

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

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

10 end the following new subsection: 

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

13 professional military education implemented under this 

14 section shall include content appropriate for such phase 

15 on the following: 

16 ‘‘(A) Requirements definition. 

17 ‘‘(B) Contingency program management. 

18 ‘‘(C) Contingency contracting. 

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

20 on military missions. 

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

24 section 2333(f) of this title.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
43 

•S 3286 IS

1 Subtitle D—Department of State 

2 and Related Agencies Matters 

3 SEC. 131. REORGANIZATION OF ACQUISITION FUNCTIONS 

4 OF DEPARTMENT OF STATE AND UNITED 

5 STATES AGENCY FOR INTERNATIONAL DE6 VELOPMENT. 

7 (a) OFFICE OF ACQUISITION AND LOGISTICS WITHIN

8 DEPARTMENT OF STATE.— 

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

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

12 following new section: 

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

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

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

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

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

19 Acquisition and Logistics shall be the Director of 

20 Acquisition and Logistics, who shall be appointed or 

21 designated by the Secretary in the manner provided 

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

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

24 of Acquisition and Logistics shall report directly to 

25 the Secretary regarding the functions and activities 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•S 3286 IS

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

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

5 Office shall be under the jurisdiction of the Under 

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

8 other offices and bureaus of the Department of 

9 State. 

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

12 be the Chief Acquisition Officer of the Department 

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

14 United States Code. 

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

16 Office of Acquisition and Logistics shall include principal 

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

20 following: 

21 ‘‘(1) The development and implementation of 

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

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

25 and other elements of the Department on the acquiVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
45 

•S 3286 IS

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

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

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

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

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

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

14 appropriate. 

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

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

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

22 the Department of State established by section 63 of 

23 the State Department Basic Authorities Act of 1956 

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


smartinez on DSK6TPTVN1PROD with BILLS
46 

•S 3286 IS

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

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

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

11 (3) ADMINISTRATION.—The Under Secretary of 

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

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

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

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

19 (1) ESTABLISHMENT.—There is established 

20 within the United States Agency for International 

21 Development the Office of Acquisition and Assist22 ance. 

23 (2) DIRECTOR.— 

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

25 of Acquisition and Assistance shall be the DiVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
47 

•S 3286 IS

1 rector of Acquisition and Assistance, who shall 

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

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

7 United States Code, as if the United States 

8 Agency for International Development were an 

9 executive agency to which such section 1702(a) 

10 applied. 

11 (B) SUPERVISION.—The Director of Ac12 quisition and Assistance shall report directly to 

13 the Administrator of the United States Agency 

14 for International Development regarding the 

15 functions and activities of the Office of Acquisi16 tion and Assistance. 

17 (C) CHIEF ACQUISITION OFFICER.—The 

18 Director of Acquisition and Assistance shall be 

19 the Chief Acquisition Officer of the United 

20 States Agency for International Development, 

21 and shall discharge for the Agency the func22 tions specified of a chief acquisition officer in 

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

24 (3) FUNCTION OF OFFICE.—The Office of Ac25 quisition and Assistance shall be the element of the 


smartinez on DSK6TPTVN1PROD with BILLS
48 

•S 3286 IS

1 United States Agency for International Development 

2 principally responsible for the direction, manage3 ment, and oversight of the acquisition and procure4 ment activities of the Agency for International De5 velopment. 

6 (4) RESOURCES.—The Office of Acquisition 

7 and Assistance shall have the personnel and re8 sources as follows: 

9 (A) The personnel and resources of the Of10 fice of Acquisition and Assistance of the Bu11 reau for Management of the United States 

12 Agency for International Development as of the 

13 date of the enactment of this Act, which per14 sonnel and resources the Administrator shall 

15 transfer to the Office of Acquisition and Assist16 ance established by this subsection. 

17 (B) Such other personnel and resources as 

18 the Administrator considers appropriate for the 

19 discharge of the functions of the Office of Ac20 quisition and Assistance. 

21 (c) ANNUAL REPORTS ON CONTRACT SUPPORT FOR

22 OVERSEAS CONTINGENCY OPERATIONS.— 

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

24 after the commencement or designation of a contin25 gency operation outside the United States that inVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
49 

•S 3286 IS

1 cludes combat operations, and annually thereafter 

2 until the termination of the operation, the Secretary 

3 of State and the Administrator of the United States 

4 Agency for International Development shall, except 

5 as provided in paragraph (2), each submit to the ap6 propriate committees of Congress a report on con7 tract support for the operation for the Department 

8 of State or the United States Agency for Inter9 national Development, as the case may be. 

10 (2) EXCEPTION.—If the total annual amount 

11 appropriated for an overseas contingency operation 

12 otherwise described by paragraph (1) does not ex13 ceed $250,000,000 in an annual reporting period 

14 otherwise covered by that paragraph, no report shall 

15 be required on the operation under that paragraph 

16 for that annual reporting period. 

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

18 under paragraph (1) regarding an operation shall set 

19 forth the following: 

20 (A) A description and assessment of the 

21 policy, planning, management, and oversight of 

22 the agency with respect to contract support for 

23 the operation. 

24 (B) With respect to contracts entered into 

25 in connection with the operation: 


smartinez on DSK6TPTVN1PROD with BILLS
50 

•S 3286 IS

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

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

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

7 (iv) The total value of such contracts 

8 that are active as of such date. 

9 (v) An identification of the extent to 

10 which the contracts entered into as of such 

11 date were entered into using competitive 

12 procedures. 

13 (vi) The total number of contractor 

14 personnel working under contracts entered 

15 into as of the end of each calendar quarter 

16 during the one-year period ending on such 

17 date. 

18 (vii) The total number of contractor 

19 personnel performing security functions 

20 under contracts entered into as of the end 

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

23 (viii) The total number of contractor 

24 personnel killed or wounded under any 

25 contracts entered into. 


smartinez on DSK6TPTVN1PROD with BILLS
51 

•S 3286 IS

1 (C) The sources of information and data 

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

4 (D) A description of any known limitations 

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

7 methodology or data sources. 

8 (E) Any plans for strengthening collection, 

9 coordination, and sharing of information on 

10 contracts entered into in connection with the 

11 operation. 

12 (4) ESTIMATES.—In determining the total 

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

16 any category of contractor personnel for which the 

17 commander determines it is not feasible to provide 

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

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

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


smartinez on DSK6TPTVN1PROD with BILLS
52 

•S 3286 IS

1 SEC. 132. INCLUSION OF CONTRACT SUPPORT IN CERTAIN 

2 DEPARTMENT OF STATE PLANNING ACTIVI3 TIES. 

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

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

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

7 by adding at the end the following new section: 

8 ‘‘SEC. 64. QUADRENNIAL DIPLOMACY AND DEVELOPMENT 

9 REVIEW. 

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

11 four years during a year following a year evenly divisible 

12 by four, conduct a comprehensive examination (to be 

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

15 of the United States with a view toward determining and 

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

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

19 development review shall include the following: 

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

21 diplomacy and development review conducted by the 

22 Department of State in 2010, as modified from time 

23 to time by the Secretary. 

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

25 diplomatic and overseas development strategy of the 

26 United States, the following: 


smartinez on DSK6TPTVN1PROD with BILLS
53 

•S 3286 IS

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

2 on the roles and responsibilities that would be 

3 discharged by contractors. 

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

7 ‘‘(C) The appropriate ratio of Department 

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

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

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

16 by contractor personnel.’’. 

17 (b) READINESS REPORTING.— 

18 (1) REPORTING SYSTEM REQUIRED.—As part 

19 of the planning of the Department of State and the 

20 United States Agency for International Development 

21 for the discharge of the programs and activities of 

22 the Department and Agency, the Secretary of State 

23 and the Administrator of the United States Agency 

24 for International Development shall each establish a 

25 reporting system on the readiness of the Department 


smartinez on DSK6TPTVN1PROD with BILLS
54 

•S 3286 IS

1 and the Agency, respectively, to manage and oversee 

2 non-governmental employees of the Department and 

3 the Agency supporting the Department and the 

4 Agency in the discharge of their programs and ac5 tivities. 

6 (2) ELEMENTS.—The reporting system required 

7 by this subsection shall do the following: 

8 (A) Measure, on a quarterly basis, the ca9 pability of contract support of the Department 

10 and the Agency to support current and antici11 pated programs and activities of the Depart12 ment and the Agency. 

13 (B) Measure, on such frequency as the 

14 Secretary and the Administrator shall each 

15 specify, such other matters with respect to con16 tract support of the Department and the Agen17 cy, respectively, as the Secretary and the Ad18 ministrator consider appropriate for the report19 ing system. 

20 (3) REPOSITORIES OF POLICIES AND RELATED

21 DOCUMENTS.—Not later than 270 days after the 

22 date of the enactment of this Act, the Secretary and 

23 the Administrator shall each develop and maintain a 

24 repository of the policies, guidance, programs, and 

25 initiatives of the Department or Agency, respecVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
55 

•S 3286 IS

1 tively, on acquisition and assistance in connection 

2 with overseas contingency operations, including 

3 those developed through Embassies or Missions. The 

4 purpose of each repository is to serve as a source of 

5 ready information on such policies, guidance, pro6 grams, and initiatives for use in current and future 

7 overseas contingency operations. 

8 (4) REPORTS.—Not later than one year after 

9 the date of the enactment of this Act, and annually 

10 throughout the duration of any overseas contingency 

11 operation, the Secretary and the Administrator shall 

12 each submit to the appropriate committees of Con13 gress a report on the status of efforts of the Depart14 ment and the Agency, respectively, to develop and 

15 maintain information in accordance with the require16 ments of this subsection. 

17 SEC. 133. PROFESSIONAL EDUCATION FOR DEPARTMENT 

18 OF STATE PERSONNEL ON ACQUISITION FOR 

19 DEPARTMENT OF STATE SUPPORT AND PAR20 TICIPATION IN DEPARTMENT OF DEFENSE 

21 OVERSEAS CONTINGENCY OPERATIONS. 

22 (a) PROFESSIONAL EDUCATION REQUIRED.—The 

23 Secretary of State shall develop and administer for De24 partment of State personnel specified in subsection (b) a 

25 course of professional education on acquisition by the DeVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
56 

•S 3286 IS

1 partment of State for Department of State support for, 

2 and participation in, overseas contingency operations of 

3 the Department of Defense. 

4 (b) COVERED DEPARTMENT OF STATE PER5 SONNEL.—The Department of State personnel specified in 

6 this subsection are as follows: 

7 (1) The Director of Acquisition and Logistics of 

8 the Department of State under section 63 of the 

9 State Department Basic Authorities Act of 1956 (as 

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

11 (2) Personnel of the Department designated by 

12 the Director of Acquisition and Logistics, including 

13 contracting officers and other contracting personnel. 

14 (3) Such other personnel of the Department as 

15 the Secretary of State shall designate for purposes 

16 of this section. 

17 (c) ELEMENTS.— 

18 (1) CURRICULUM CONTENT.—The course of 

19 professional education under this section shall in20 clude appropriate content on the following: 

21 (A) Contingency contracting. 

22 (B) Contingency program management. 

23 (C) The strategic impact of contracting 

24 costs on the mission and activities of the De25 partment of State. 


smartinez on DSK6TPTVN1PROD with BILLS
57 

•S 3286 IS

1 (D) Such other matters relating to acquisi2 tion by the Department of State for Depart3 ment of State support for, or participation in, 

4 overseas contingency operations of the Depart5 ment of Defense as the Secretary of State con6 siders appropriate. 

7 (2) PHASED APPROACH.—The course of profes8 sional education may be broken into two or more 

9 phases of professional education with curriculum or 

10 modules of education suitable for the Department of 

11 State personnel specified in subsection (b) at dif12 ferent phases of professional advancement within the 

13 Department. 

14 (d) DEFINITIONS.—In this section: 

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

16 all stages of the process of acquiring property or 

17 services by the Department of State for Department 

18 of State support for, and participation in, overseas 

19 contingency operations of the Department of De20 fense. 

21 (2) The term ‘‘contingency program manage22 ment’’ means the process of planning, organizing, 

23 staffing, controlling, and leading specific acquisition 

24 programs and activities of the Department of State 

25 for Department of State support for, and participaVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
58 

•S 3286 IS

1 tion in, overseas contingency operations of the De2 partment of Defense. 

3 TITLE II—TRANSPARENCY, SUS4 TAINABILITY, AND ACCOUNT5 ABILITY IN CONTRACTS FOR 

6 OVERSEAS CONTINGENCY OP7 ERATIONS 

8 Subtitle A—Limitations in 

9 Contracting 

10 SEC. 201. LIMITATIONS APPLICABLE TO CERTAIN CON11 TRACTS IN CONNECTION WITH OVERSEAS 

12 CONTINGENCY OPERATIONS. 

13 (a) LIMITATION ON CONTRACT PERIODS.—Not later 

14 than 90 days after the date of the enactment of this Act, 

15 the Federal Acquisition Regulatory Council shall amend 

16 the Federal Acquisition Regulation to provide that, com17 mencing 180 days after the date of the commencement 

18 or designation of a military operation as an overseas con19 tingency operation, the contract period of contracts en20 tered into by a covered agency in connection with such 

21 contingency operation shall be limited to the contract peri22 ods specified in subsection (b), except as provided in sub23 section (c). 

24 (b) CONTRACT PERIODS.—The contract periods spec25 ified in this subsection are as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
59 

•S 3286 IS

1 (1) Three years in the case of competitively bid 

2 contracts. 

3 (2) One year in the case of non-competitively 

4 bid contracts and competitively bid contracts for 

5 which only one offer was received by the covered 

6 agency. 

7 (c) WAIVER.—The amendment of the Federal Acqui8 sition Regulation required by subsection (a) shall provide 

9 that the head of a covered agency may waive the applica10 bility of the limitations in subsection (b) to a contract if— 

11 (1) the contracting officer certifies in writing as 

12 part of a justification and approval (J&A) that the 

13 agency has concluded, on the basis of market re14 search conducted for purposes of the justification 

15 and approval, that— 

16 (A) the period of performance for the con17 tract in excess of the limitations in subsection 

18 (b) will be in the best interest of the United 

19 States; and 

20 (B) the offeror has submitted information 

21 in a bid or proposal sufficient to show that rep22 resentations by the offeror about the offeror’s 

23 ability to timely, sufficiently, and cost-effec24 tively perform the contract, if awarded, are rea25 sonable; 


smartinez on DSK6TPTVN1PROD with BILLS
60 

•S 3286 IS

1 (2) the contracting officer conducts the cost 

2 analysis required by section 15.404–1 of the Federal 

3 Acquisition Regulation; and 

4 (3) the head of the agency determines in writ5 ing based on the information obtained pursuant to 

6 paragraphs (1) and (2) that the waiver is in the best 

7 interests of the United States. 

8 (d) COVERED AGENCY DEFINED.—In this section, 

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

10 (1) The Department of Defense. 

11 (2) The Department of State. 

12 (3) The United States Agency for International 

13 Development. 

14 SEC. 202. RISK ASSESSMENT AND MITIGATION FOR CON15 TRACTOR PERFORMANCE OF CRITICAL 

16 FUNCTIONS IN SUPPORT OF OVERSEAS CON17 TINGENCY OPERATIONS. 

18 (a) COMPREHENSIVE RISK ASSESSMENT AND MITI19 GATION PLAN REQUIRED.— 

20 (1) IN GENERAL.—Subject to paragraphs (2) 

21 and (3), not later than six months after the com22 mencement or designation of an overseas contin23 gency operation that includes or is expected to in24 clude combat operations, the head of each covered 

25 agency shall perform a comprehensive risk assessVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
61 

•S 3286 IS

1 ment and develop a risk mitigation plan for oper2 ational and political risks associated with contractor 

3 performance of critical functions in support of the 

4 operation for such covered agency. 

5 (2) EXCEPTIONS.—Except as provided in para6 graph (3), a risk assessment and risk mitigation 

7 plan shall not be required under paragraph (1) for 

8 an overseas contingency operation if both— 

9 (A) the operation is not expected to con10 tinue for more than one year; and 

11 (B) the total annual amount of obligations 

12 by the United States Government for contracts 

13 for support of or in connection with the oper14 ation is not expected to exceed, $250,000,000 

15 in any fiscal year. 

16 (3) TERMINATION OF EXCEPTIONS.—Notwith17 standing paragraph (2), the head of a covered agen18 cy shall perform a risk assessment and develop a 

19 risk mitigation plan under paragraph (1) for an 

20 overseas contingency operation with regard to which 

21 a risk assessment and risk mitigation plan has not 

22 previously been performed under paragraph (1) not 

23 later than 60 days after the first date on which ei24 ther of the following occurs: 


smartinez on DSK6TPTVN1PROD with BILLS
62 

•S 3286 IS

1 (A) The operation has continued for more 

2 than one year. 

3 (B) The total amount of obligations by the 

4 United States Government for contracts for 

5 support of or in connection with the operation 

6 has exceeded $250,000,000 in a fiscal year. 

7 (b) COMPREHENSIVE RISK ASSESSMENTS.—A com8 prehensive risk assessment for an overseas contingency op9 eration under subsection (a) shall consider, at a minimum, 

10 risks relating to the following: 

11 (1) The goals and objectives of the operation 

12 (such as risks from behavior that injures innocent 

13 members of the local population or outrages their 

14 sensibilities). 

15 (2) The continuity of the operation (such as 

16 risks from contractors walking off the job or being 

17 unable to perform when there is no timely back-up 

18 available). 

19 (3) The safety of military and civilian personnel 

20 of the United States if the presence or performance 

21 of contractor personnel creates unsafe conditions or 

22 invites attack. 

23 (4) The managerial control of the Government 

24 over the operation (such as risks from over-reliance 

25 on contractors to monitor other contractors with inVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
63 

•S 3286 IS

1 adequate means for Government personnel to mon2 itor their work). 

3 (5) The critical organic or core capabilities of 

4 the Government, including critical knowledge or in5 stitutional memory of key operations areas and sub6 ject-matter expertise. 

7 (6) The ability of the Government to control 

8 costs, avoid organizational or personal conflicts of 

9 interest, and minimize waste, fraud, and abuse. 

10 (c) RISK MITIGATION PLANS.—A risk mitigation 

11 plan for an overseas contingency operation under sub12 section (a) shall include, at a minimum, the following: 

13 (1) For each high risk area identified in the 

14 comprehensive risk assessment for the operation per15 formed under subsection (a)— 

16 (A) specific actions to mitigate or reduce 

17 such risk, including, but not limited to, the de18 velopment of alternative capabilities to reduce 

19 reliance on contractor performance of critical 

20 functions; 

21 (B) measurable milestones for the imple22 mentation of planned risk mitigation or risk re23 duction measures; and 


smartinez on DSK6TPTVN1PROD with BILLS
64 

•S 3286 IS

1 (C) a process for monitoring, measuring, 

2 and documenting progress in mitigating or re3 ducing risk. 

4 (2) A continuing process for identifying and ad5 dressing new and changed risks arising in the course 

6 of the operation, including the periodic reassessment 

7 of risks and the development of appropriate risk 

8 mitigation or reduction plans for any new or 

9 changed high risk area identified. 

10 (d) REPORTS TO CONGRESS.— 

11 (1) IN GENERAL.—Not later than 30 days after 

12 the completion of a comprehensive risk assessment 

13 and risk mitigation plan under subsection (a), the 

14 head of the covered agency concerned shall submit 

15 to the appropriate committees of Congress a report 

16 setting forth a summary description of the assess17 ment and plan, including a description of the risks 

18 identified through the assessment and the actions to 

19 be taken to address such risks. 

20 (2) FORM.—Each report shall be submitted in 

21 unclassified form, but may include a classified 

22 annex. 

23 (e) CRITICAL FUNCTIONS.—For purposes of this sec24 tion, critical functions include, at a minimum, the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
65 

•S 3286 IS

1 (1) Private security functions, as that term is 

2 defined in section 864(a)(5) of the National Defense 

3 Authorization Act for Fiscal Year 2008 (10 U.S.C. 

4 2302 note). 

5 (2) Training and advising government per6 sonnel, including military and security personnel, of 

7 a host nation. 

8 (3) Conducting intelligence or information oper9 ations. 

10 (4) Any other functions that are closely associ11 ated with inherently governmental functions, includ12 ing the functions set forth in section 7.503(d) of the 

13 Federal Acquisition Regulation. 

14 (f) COVERED AGENCY DEFINED.—In this section, 

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

16 (1) The Department of Defense. 

17 (2) The Department of State. 

18 (3) The United States Agency for International 

19 Development. 


smartinez on DSK6TPTVN1PROD with BILLS
66 

•S 3286 IS

1 SEC. 203. COMPTROLLER GENERAL OF THE UNITED 

2 STATES REVIEW OF USE BY THE DEPART3 MENT OF DEFENSE, THE DEPARTMENT OF 

4 STATE, AND THE UNITED STATES AGENCY 

5 FOR INTERNATIONAL DEVELOPMENT OF UR6 GENT AND COMPELLING EXCEPTION TO COM7 PETITION. 

8 (a) REVIEW REQUIRED.—The Comptroller General 

9 of the United States shall review each of the following: 

10 (1) The use by the Department of Defense of 

11 the unusual and compelling urgency exception to full 

12 and open competition provided in section 2304(c)(2) 

13 of title 10, United States Code. 

14 (2) The use by each of the Department of State 

15 and the United States Agency for International De16 velopment of the unusual and compelling urgency ex17 ception to full and open competition provided in sec18 tion 3304(a)(2) of title 41, United States Code. 

19 (b) MATTERS TO BE REVIEWED.—The review of the 

20 use of an unusual and compelling urgency exception re21 quired by subsection (a) shall include a review of the fol22 lowing: 

23 (1) The pattern of use of the exception by ac24 quisition organizations within the Department of 

25 Defense, the Department of State, and the United 

26 States Agency for International Development in 


smartinez on DSK6TPTVN1PROD with BILLS
67 

•S 3286 IS

1 order to determine which organizations are com2 monly using the exception and the frequency of such 

3 use. 

4 (2) The range of items or services being ac5 quired through the use of the exception. 

6 (3) The process for reviewing and approving 

7 justifications involving the exception. 

8 (4) Whether the justifications for use of the ex9 ception typically meet the relevant requirements of 

10 the Federal Acquisition Regulation applicable to the 

11 use of the exception. 

12 (5) The extent to which the exception is used 

13 to solicit bids or proposals from only one source and 

14 the extent to which such sole-source procurements 

15 are appropriately documented and justified. 

16 (6) The compliance of the Department of De17 fense, the Department of State, and the United 

18 States Agency for International Development with 

19 the requirements of section 2304(d)(3) of title 10, 

20 United States Code, or section 3304(c)(1)(B) of title 

21 41, United States Code, as applicable, that limit the 

22 duration of contracts awarded pursuant to the ex23 ception and require approval for any such contract 

24 in excess of one year. 


smartinez on DSK6TPTVN1PROD with BILLS
68 

•S 3286 IS

1 (c) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Comptroller General shall 

3 submit to the appropriate committees of Congress a report 

4 on the review required by subsection (a), including a dis5 cussion of each of the matters specified in subsection (b). 

6 The report shall include any recommendations relating to 

7 the matters reviewed that the Comptroller General con8 siders appropriate. 

9 Subtitle B—Enhancements of Con10 tracting Process and Protec11 tions in Contracting 

12 SEC. 211. UNIFORM CONTRACT WRITING SYSTEM REQUIRE13 MENTS. 

14 (a) UNIFORM STANDARDS AND CONTROLS RE15 QUIRED.—Not later than 180 days after the date of the 

16 enactment of this Act, the officials specified in subsection 

17 (b) shall— 

18 (1) establish uniform data standards, internal 

19 control requirements, independent verification and 

20 validation requirements, and business process rules 

21 for processing procurement requests, contracts, re22 ceipts, and invoices by the Department of Defense or 

23 other executive agencies, as applicable; 

24 (2) establish and maintain one or more ap25 proved electronic contract writing systems that conVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
69 

•S 3286 IS

1 form with the standards, requirements, and rules es2 tablished pursuant to paragraph (1); and 

3 (3) require the use of electronic contract writ4 ing systems approved in accordance with paragraph 

5 (2) for all contracts entered into by the Department 

6 of Defense or other executive agencies, as applicable. 

7 (b) COVERED OFFICIALS.—The officials specified in 

8 this subsection are the following: 

9 (1) The Secretary of Defense, with respect to 

10 the Department of Defense and the military depart11 ments. 

12 (2) The Administrator of the Office of Federal 

13 Procurement Policy, with respect to the executive 

14 agencies other than the Department of Defense and 

15 the military departments. 

16 (c) PHASE-IN OF IMPLEMENTATION OF REQUIRE17 MENT FOR APPROVED SYSTEMS.—The officials specified 

18 in subsection (b) may phase in the implementation of the 

19 requirement to use approved electronic contract writing 

20 systems in accordance with subsection (a)(3) over a period 

21 of up to five years beginning with the date of the enact22 ment of this Act. 

23 (d) REPORTS.—Not later than 180 days after the 

24 date of the enactment of this Act, the officials specified 

25 in subsection (b) shall each submit to the appropriate comVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
70 

•S 3286 IS

1 mittees of Congress a report on the implementation of the 

2 requirements of this section. Each report shall, at a min3 imum— 

4 (1) describe the standards, requirements, and 

5 rules established pursuant to subsection (a)(1); 

6 (2) identify the electronic contract writing sys7 tems approved pursuant to subsection (a)(2) and, if 

8 multiple systems are approved, explain why the use 

9 of such multiple systems is the most efficient and ef10 fective approach to meet the contract writing needs 

11 of the Federal Government; and 

12 (3) provide the schedule for phasing in the use 

13 of approved electronic contract writing systems in 

14 accordance with subsections (a)(3) and (b). 

15 (e) EXECUTIVE AGENCIES DEFINED.—In this sec16 tion, the term ‘‘executive agencies’’ has the meaning given 

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

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

19 UNDER FEDERAL CONTRACTS. 

20 (a) DATABASE REQUIRED.— 

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

22 United States Code, is amended by adding at the 

23 end the following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
71 

•S 3286 IS

1 ‘‘§ 3312. Database on prices of items and services 

2 under Federal contracts 

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

4 shall establish and maintain a database of information on 

5 the prices charged the Federal Government for items and 

6 services under contracts with the Federal Government. 

7 The information in the database shall be designed to assist 

8 Federal acquisition officials in the following: 

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

10 items and services charged the Federal Government 

11 under contracts with the Federal Government. 

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

13 items and services under offers for contracts with 

14 the Federal Government, or otherwise conducting 

15 determinations of the reasonableness of prices for 

16 items and services under such offers. 

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

18 be available to executive agencies in the evaluation of of19 fers for contracts with the Federal Government for items 

20 and services.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 33 of such title is 

23 amended by adding at the end the following new 

24 item: 

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


smartinez on DSK6TPTVN1PROD with BILLS
72 

•S 3286 IS

1 (b) USE OF ELEMENTS OF DEPARTMENT OF DE2 FENSE PILOT PROJECT.—In establishing the database re3 quired by section 3312 of title 41, United States Code (as 

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

5 Procurement Policy shall use and incorporate appropriate 

6 elements of the pilot project on pricing of the Department 

7 of Defense being carried out by the Director of Defense 

8 Pricing. 

9 SEC. 213. PROHIBITION OF EXCESSIVE PASS-THROUGH 

10 CONTRACTS AND CHARGES IN THE ACQUISI11 TION OF SERVICES. 

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

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

14 Regulatory Council shall revise the Federal Acquisition 

15 Regulation to— 

16 (1) prohibit the award of a covered contract or 

17 task order unless the contractor agrees that at least 

18 50 percent of the direct labor cost of services to be 

19 performed under the contract or task order will be 

20 expended for employees of the contractor or of a 

21 subcontractor that is specifically identified and au22 thorized to perform such work in the contract or 

23 task order; 

24 (2) provide that the contracting officer for a 

25 covered contract or task order may authorize reliVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
73 

•S 3286 IS

1 ance upon a subcontractor or subcontractors to meet 

2 the requirement in paragraph (1) only upon a writ3 ten determination that such reliance is in the best 

4 interest of the executive agency concerned, after tak5 ing into account the added cost for overhead (includ6 ing general and administrative costs) and profit that 

7 may be incurred as a result of the pass-through; 

8 (3) require the contracting officer for a covered 

9 contract or task order for which more than 70 per10 cent of the direct labor cost of services to be per11 formed will be expended for persons other than em12 ployees of the contractor to ensure that amounts 

13 paid to the contractor for overhead (including gen14 eral and administrative costs) and profit are reason15 able in relation to the cost of direct labor provided 

16 by employees of the contractor and any other costs 

17 directly attributable to the management of the sub18 contract by employees of the contractor; and 

19 (4) include such exceptions to the requirements 

20 in paragraphs (1) through (3) as the Council con21 siders appropriate in the interest of the United 

22 States. 

23 (b) COVERED CONTRACT OR TASK ORDER DE24 FINED.—In this section, the term ‘‘covered contract or 

25 task order’’ means a contract or task order for the perVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
74 

•S 3286 IS

1 formance of services (other than construction) with a value 

2 in excess of the simplified acquisition threshold that is en3 tered into for or on behalf of an executive agency, except 

4 that such term does not include any contract or task order 

5 that provides a firm, fixed price for each task to be per6 formed and is— 

7 (1) awarded on the basis of adequate price com8 petition; or 

9 (2) for the acquisition of commercial services as 

10 defined in paragraphs (5) and (6) of section 103 of 

11 title 41, United States Code. 

12 (c) EFFECTIVE DATE.—The requirements of this sec13 tion shall apply to— 

14 (1) covered contracts that are awarded on or 

15 after the date that is 90 days after the date of the 

16 enactment of this Act; and 

17 (2) covered task orders that are awarded on or 

18 after the date that is 90 days after the date of the 

19 enactment of this Act under contracts that are 

20 awarded before, on, or after such date. 

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

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

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


smartinez on DSK6TPTVN1PROD with BILLS
75 

•S 3286 IS

1 (e) CONFORMING REPEAL.—Section 852 of the John 

2 Warner National Defense Authorization Act for Fiscal 

3 Year 2007 (120 Stat. 2340) is repealed. 

4 Subtitle C—Contractor 

5 Accountability 

6 SEC. 221. CONTRACTOR CONSENT TO JURISDICTION FOR 

7 CERTAIN CIVIL ACTIONS UNDER CERTAIN 

8 CONTRACTS FOR WORK OVERSEAS. 

9 (a) CONSENT TO JURISDICTION.—The Federal Ac10 quisition Regulatory Council shall amend the Federal Ac11 quisition Regulation to require that any covered contract 

12 provides that— 

13 (1) the contractor consents to personal jurisdic14 tion over the contractor with respect to any covered 

15 civil action, including a covered civil action against 

16 one or more employees of the contractor for which 

17 the contractor may be liable under theories of vicari18 ous liability; 

19 (2) the contractor consents to personal jurisdic20 tion in the United States District Court for the Dis21 trict of Columbia for a covered civil action in 

22 which— 

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

24 action occurred outside the United States; and 


smartinez on DSK6TPTVN1PROD with BILLS
76 

•S 3286 IS

1 (B) personal jurisdiction cannot be estab2 lished in another Federal court; 

3 (3) consent to personal jurisdiction under para4 graph (2) shall not operate to deprive or terminate 

5 personal jurisdiction of the contractor in any court 

6 that otherwise has personal jurisdiction under an7 other provision of law or to limit any cause of action 

8 or remedy under any other provision of law; 

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

10 contractor that does not maintain an office in the 

11 United States, the contractor shall designate an 

12 agent located in the United States for service of 

13 process in any covered civil action; 

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

15 covered civil action shall be analyzed in accordance 

16 with the laws of the United States; and 

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

18 the District of Columbia) in which the covered civil 

19 action is brought shall be the law applicable to a 

20 covered civil action if— 

21 (A) the substantive law otherwise applica22 ble to the covered civil action would be the law 

23 of the location where the events giving rise to 

24 the cause action occurred; and 


smartinez on DSK6TPTVN1PROD with BILLS
77 

•S 3286 IS

1 (B) the location is designated as a haz2 ardous duty zone by the Secretary of Defense. 

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

4 Acquisition Regulation made under subsection (a) shall 

5 apply with respect to any covered contract that is entered 

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

7 subsection (a). 

8 (c) DEFINITIONS.—In this section: 

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

10 covered contract, includes the contractor under the 

11 contract, any subcontractor under the contract, any 

12 subordinate contractor under the contract, any sub13 sidiary, parent company, or successor entity of the 

14 contractor formed to act as a successor in interest 

15 of the contractor, and any employee thereof per16 forming work under or in connection with the con17 tract. 

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

19 following: 

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

21 assault of or serious bodily injury to a member 

22 of the Armed Forces of the United States, a ci23 vilian employee of the United States, or an em24 ployee of a company performing work arising 

25 out of the performance of a covered contract for 


smartinez on DSK6TPTVN1PROD with BILLS
78 

•S 3286 IS

1 the United States who is a citizen or national 

2 of the United States. 

3 (B) A civil action alleging the wrongful 

4 death of a member of the Armed Forces of the 

5 United States, a civilian employee of the United 

6 States, or an employee of a company per7 forming work arising out of the performance of 

8 a covered contract for the United States who is 

9 a citizen or national of the United States 

10 brought by a family member of the deceased. 

11 (3) The term ‘‘covered contract’’— 

12 (A) means a contract— 

13 (i) for work to be performed outside 

14 the United States that is awarded or en15 tered into by the United States (including 

16 any executive department, agency, or inde17 pendent establishment thereof); and 

18 (ii) with a value of not less than 

19 $5,000,000; and 

20 (B) includes any subcontract or subordi21 nate contract under a contract described in sub22 paragraph (A). 

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

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

25 (article 120(a) of the Uniform Code of Military JusVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
79 

•S 3286 IS

1 tice), if the conduct was committed by a person sub2 ject to chapter 47 of title 10, United States Code 

3 (the Uniform Code of Military Justice). 

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

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

6 United States Code. 

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

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

9 10, United States Code (article 120 (c), (h), or (m) 

10 of the Uniform Code of Military Justice), if the con11 duct was committed by a person subject to chapter 

12 47 of title 10, United States Code (the Uniform 

13 Code of Military Justice). 

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

15 sense— 

16 (A) means the several States and the Dis17 trict of Columbia; and 

18 (B) does not include any military installa19 tion or facility located outside the area de20 scribed in subparagraph (A). 


smartinez on DSK6TPTVN1PROD with BILLS
80 

•S 3286 IS

1 SEC. 222. INFORMATION ON CORPORATE CONTRACTOR 

2 PERFORMANCE AND INTEGRITY THROUGH 

3 THE FEDERAL AWARDEE PERFORMANCE AND 

4 INTEGRITY INFORMATION SYSTEM. 

5 (a) INCLUSION OF CORPORATIONS AMONG COVERED

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

7 Hunter National Defense Authorization Act for Fiscal 

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

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

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

11 (b) INFORMATION ON CORPORATIONS.—Subsection 

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

13 following new paragraph: 

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

15 information on a corporation in the database shall, 

16 to the extent practicable, include information on any 

17 parent, subsidiary, or successor entities to the cor18 poration in manner designed to give the acquisition 

19 officials using the database a comprehensive under20 standing of the performance and integrity of the cor21 poration in carrying out Federal contracts and 

22 grants.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
81 

•S 3286 IS

1 SEC. 223. INCLUSION OF DATA ON CONTRACTOR PERFORM2 ANCE IN PAST PERFORMANCE DATABASES 

3 FOR EXECUTIVE AGENCY SOURCE SELEC4 TION DECISIONS. 

5 (a) STRATEGY REQUIRED.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the Fed8 eral Acquisition Regulatory Council shall develop a 

9 strategy for ensuring that timely, accurate, and com10 plete information on contractor performance is in11 cluded in past performance databases used by execu12 tive agencies for making source selection decisions. 

13 (2) CONSULTATION WITH USDATL.—In devel14 oping the strategy required by this subsection, the 

15 Federal Acquisition Regulatory Council shall consult 

16 with the Under Secretary of Defense for Acquisition, 

17 Technology, and Logistics to ensure that the strat18 egy is, to the extent practicable, consistent with the 

19 strategy developed by the Under Secretary pursuant 

20 to section 806 of the National Defense Authorization 

21 Act for Fiscal Year 2012 (Public Law 112–81; 125 

22 Stat. 1487; 10 U.S.C. 2302 note). 

23 (b) ELEMENTS.—The strategy required by subsection 

24 (a) shall, at a minimum— 


smartinez on DSK6TPTVN1PROD with BILLS
82 

•S 3286 IS

1 (1) establish standards for the timeliness and 

2 completeness of past performance submissions for 

3 purposes of databases described in subsection (a); 

4 (2) assign responsibility and management ac5 countability for the completeness of past perform6 ance submissions for such purposes; and 

7 (3) ensure that past performance submissions 

8 for such purposes are consistent with award fee eval9 uations in cases where such evaluations have been 

10 conducted. 

11 (c) CONTRACTOR COMMENTS.—Not later than 180 

12 days after the date of the enactment of this Act, the Fed13 eral Acquisition Regulatory Council shall revise the Fed14 eral Acquisition Regulation to require the following: 

15 (1) That affected contractors are provided, in a 

16 timely manner, information on contractor perform17 ance to be included in past performance databases 

18 in accordance with subsection (a). 

19 (2) That such contractors are afforded up to 14 

20 calendar days, from the date of delivery of the infor21 mation provided in accordance with paragraph (1), 

22 to submit comments, rebuttals, or additional infor23 mation pertaining to past performance for inclusion 

24 in such databases. 


smartinez on DSK6TPTVN1PROD with BILLS
83 

•S 3286 IS

1 (3) That agency evaluations of contractor past 

2 performance, including any information submitted 

3 under paragraph (2), are included in the relevant 

4 past performance database not later than the date 

5 that is 14 days after the date of delivery of the in6 formation provided in accordance with paragraph 

7 (1). 

8 (d) CONSTRUCTION.—Nothing in this section shall be 

9 construed to prohibit a contractor from submitting com10 ments, rebuttals, or additional information pertaining to 

11 past performance after the period described in subsection 

12 (c)(2) has elapsed or to prohibit a contractor from chal13 lenging a past performance evaluation in accordance with 

14 applicable laws, regulations, or procedures. 

15 (e) COMPTROLLER GENERAL REPORT.—Not later 

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

17 Act, the Comptroller General of the United States shall 

18 submit to the appropriate committees of Congress a report 

19 on the actions taken by the Federal Acquisition Regu20 latory Council pursuant to this section, including an as21 sessment of the following: 

22 (1) The extent to which the strategy required 

23 by subsection (a) is consistent with the strategy de24 veloped by the Under Secretary of Defense for AcVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
84 

•S 3286 IS

1 quisition, Technology, and Logistics as described in 

2 subsection (a)(2). 

3 (2) The extent to which the actions of the Fed4 eral Acquisition Regulatory Council pursuant to this 

5 section have otherwise achieved the objectives of this 

6 section. 

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

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

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

10 that the term excludes the Department of Defense and 

11 the military departments. 

12 Subtitle D—Preventing Trafficking 

13 in Government Contracting 

14 SEC. 231. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘End Trafficking 

16 in Government Contracting Act of 2012’’. 

17 SEC. 232. DEFINITIONS. 

18 In this subtitle: 

19 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

20 agency’’ has the meaning given the term in section 

21 133 of title 41, United States Code. 

22 (2) SUBCONTRACTOR.—The term ‘‘subcon23 tractor’’ means a recipient of a contract at any tier 

24 under a grant, contract, or cooperative agreement. 


smartinez on DSK6TPTVN1PROD with BILLS
85 

•S 3286 IS

1 (3) SUBGRANTEE.—The term ‘‘subgrantee’’ 

2 means a recipient of a grant at any tier under a 

3 grant or cooperative agreement. 

4 (4) UNITED STATES.—The term ‘‘United 

5 States’’ has the meaning provided in section 103(12) 

6 of the Trafficking Victims Protection Act of 2000 

7 (22 U.S.C. 7102(12)). 

8 SEC. 233. CONTRACTING REQUIREMENTS. 

9 Section 106(g) of the Trafficking Victims Protection 

10 Act of 2000 (22 U.S.C. 7104(g)) is amended by striking 

11 ‘‘if the grantee or any subgrantee,’’ and all that follows 

12 through the end and inserting the following: ‘‘or take any 

13 of the other remedial actions authorized under section 

14 235(c) of the End Trafficking in Government Contracting 

15 Act of 2012, if the grantee or any subgrantee, or the con16 tractor or any subcontractor, engages in, or uses labor re17 cruiters, brokers, or other agents who engage in— 

18 ‘‘(i) severe forms of trafficking in per19 sons; 

20 ‘‘(ii) the procurement of a commercial 

21 sex act during the period of time that the 

22 grant, contract, or cooperative agreement 

23 is in effect; 


smartinez on DSK6TPTVN1PROD with BILLS
86 

•S 3286 IS

1 ‘‘(iii) the use of forced labor in the 

2 performance of the grant, contract, or co3 operative agreement, or 

4 ‘‘(iv) acts that directly support or ad5 vance trafficking in persons, including the 

6 following acts: 

7 ‘‘(I) Destroying, concealing, re8 moving, or confiscating an employee’s 

9 immigration documents without the 

10 employee’s consent. 

11 ‘‘(II) Failing to repatriate an em12 ployee upon the end of employment, 

13 unless— 

14 ‘‘(aa) exempted from the 

15 duty to repatriate by the Federal 

16 department or agency providing 

17 or entering into the grant, con18 tract, or cooperative agreement; 

19 or 

20 ‘‘(bb) the employee is a vic21 tim of human trafficking seeking 

22 victim services or legal redress in 

23 the country of employment or a 

24 witness in a human trafficking 

25 enforcement action. 


smartinez on DSK6TPTVN1PROD with BILLS
87 

•S 3286 IS

1 ‘‘(III) Soliciting a person for the 

2 purpose of employment, or offering 

3 employment, by means of materially 

4 false or fraudulent pretenses, rep5 resentations, or promises regarding 

6 that employment. 

7 ‘‘(IV) Charging recruited employ8 ees exorbitant placement fees, includ9 ing fees equal to or greater than the 

10 employee’s monthly salary, or recruit11 ment fees that violate the laws of the 

12 country from which an employee is re13 cruited. 

14 ‘‘(V) Providing inhumane living 

15 conditions.’’. 

16 SEC. 234. COMPLIANCE PLAN AND CERTIFICATION RE17 QUIREMENT. 

18 (a) REQUIREMENT.—The head of an executive agen19 cy may not provide or enter into a grant, contract, or coop20 erative agreement valued at $1,000,000 or more if per21 formance will predominantly be conducted overseas, unless 

22 a duly designated representative of the recipient of such 

23 grant, contract, or cooperative agreement certifies to the 

24 contracting or grant officer prior to receiving an award 


smartinez on DSK6TPTVN1PROD with BILLS
88 

•S 3286 IS

1 and on an annual basis thereafter, after having conducted 

2 due diligence, that— 

3 (1) the recipient has implemented a plan to pre4 vent the activities described in section 106(g) of the 

5 Trafficking Victims Protection Act of 2000 (22 

6 U.S.C. 7104(g)), as amended by section 233 of this 

7 Act, and is in compliance with that plan; 

8 (2) the recipient has implemented procedures to 

9 prevent any activities described in such section 

10 106(g) and to monitor, detect, and terminate any 

11 subcontractor, subgrantee, or employee of the recipi12 ent found to be engaged in any activities described 

13 in such section; and 

14 (3) to the best of the representative’s knowl15 edge, neither the recipient, nor any subcontractor or 

16 subgrantee of the recipient or any agent of the re17 cipient or of such a subcontractor or subgrantee, is 

18 engaged in any of the activities described in such 

19 section. 

20 (b) LIMITATION.—Any plan or procedures imple21 mented pursuant to subsection (a) shall be appropriate to 

22 the size and complexity of the grant, contract, or coopera23 tive agreement and to the nature and scope of its activi24 ties, including the number of non-United States citizens 

25 expected to be employed. 


smartinez on DSK6TPTVN1PROD with BILLS
89 

•S 3286 IS

1 (c) DISCLOSURE.—The recipient shall provide a copy 

2 of the plan to the contracting or grant officer upon re3 quest, and as appropriate, shall post the useful and rel4 evant contents of the plan or related materials on its 

5 website and at the workplace. 

6 (d) PERFORMANCE PREDOMINATELY OVERSEAS.— 

7 For purposes of subsection (a), a grant, contract, or coop8 erative agreement shall be considered to be performed pre9 dominantly overseas if the estimated value of the services 

10 required to be performed under the grant, contract, or co11 operative agreement outside the United States exceeds 

12 $500,000. 

13 SEC. 235. MONITORING AND INVESTIGATION OF TRAF14 FICKING IN PERSONS. 

15 (a) INVESTIGATION.—If the contracting or grant offi16 cer of an executive agency for a grant, contract, or cooper17 ative agreement receives credible evidence that a recipient 

18 of the grant, contract, or cooperative agreement; any sub19 grantee or subcontractor of the recipient; or any agent of 

20 the recipient or of such a subgrantee or subcontractor, has 

21 engaged in an activity described in section 106(g) of the 

22 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

23 7104(g)), as amended by section 233 of this Act, including 

24 a report from a contracting officer representative, an in25 spector general, an auditor, an alleged victim or victim’s 


smartinez on DSK6TPTVN1PROD with BILLS
90 

•S 3286 IS

1 representative, or any other credible source, the con2 tracting or grant officer shall, before exercising any option 

3 to renew such grant, contract, or cooperative agreement, 

4 request that the agency’s Office of Inspector General im5 mediately initiate an investigation of the allegation or alle6 gations contained in the report. If the agency’s Office of 

7 Inspector General is unable to conduct a timely investiga8 tion, the suspension and debarment office or another in9 vestigative unit of the agency shall conduct the investiga10 tion. 

11 (b) REPORT.—Upon completion of an investigation 

12 under subsection (a), the office or unit that conducted the 

13 investigation shall submit to the contracting or grant offi14 cer and, if such investigation was not conducted by the 

15 agency’s Office of Inspector General, to the agency’s Of16 fice of Inspector General, a report on the investigation, 

17 including conclusions about whether credible evidence ex18 ists that the recipient of a grant, contract, or cooperative 

19 agreement; any subcontractor or subgrantee of the recipi20 ent; or any agent of the recipient or of such a subcon21 tractor or subgrantee, engaged in any of the activities de22 scribed in such section 106(g). 

23 (c) REMEDIAL ACTIONS.— 

24 (1) IN GENERAL.—If a contracting or grant of25 ficial determines that a recipient of a grant, conVerDate Mar 15 2010 03:47 Jun 13, 2012 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3286.IS S3286

smartinez on DSK6TPTVN1PROD with BILLS
91 

•S 3286 IS

1 tract, or cooperative agreement, or any subcon2 tractor or subgrantee of the recipient, has engaged 

3 in any of the activities described in such section 

4 106(g), the contracting or grant officer shall con5 sider taking one or more of the following remedial 

6 actions: 

7 (A) Requiring the recipient to remove an 

8 employee from the performance of work under 

9 the grant, contract, or cooperative agreement. 

10 (B) Requiring the recipient to terminate a 

11 subcontract or subgrant. 

12 (C) Suspending payments under the grant, 

13 contract, or cooperative agreement. 

14 (D) Withholding award fees, consistent 

15 with the award fee plan, for the performance 

16 period in which the agency determined the con17 tractor or subcontractor engaged in any of the 

18 activities described in such section 106(g). 

19 (E) Declining to exercise available options 

20 under the contract. 

21 (F) Terminating the contract for default 

22 or cause, in accordance with the termination 

23 clause for the contract. 

24 (G) Referring the matter to the agency 

25 suspension and debarment official. 


smartinez on DSK6TPTVN1PROD with BILLS
92 

•S 3286 IS

1 (H) Referring the matter to the Depart2 ment of Justice for prosecution under any ap3 plicable law. 

4 (2) SAVINGS CLAUSE.—Nothing in this sub5 section shall be construed as limiting the scope of 

6 applicable remedies available to the Federal Govern7 ment. 

8 (3) MITIGATING FACTOR.—Where applicable, 

9 the contracting or grant official may consider wheth10 er the contractor or grantee had a plan in place 

11 under section 4, and was in compliance with that 

12 plan at the time of the violation, as a mitigating fac13 tor in determining which remedies, if any, should 

14 apply. 

15 (d) INCLUSION OF REPORT CONCLUSIONS IN

16 FAPIIS.—The contracting or grant officer shall ensure 

17 that relevant findings contained in the report under sub18 section (b) are included in the Federal Awardee Perform19 ance and Integrity Information System (FAPIIS). These 

20 findings shall be considered relevant past performance 

21 data for the purpose of awarding future contracts, grants, 

22 or cooperative agreements. 


smartinez on DSK6TPTVN1PROD with BILLS
93 

•S 3286 IS

1 SEC. 236. NOTIFICATION TO INSPECTORS GENERAL AND 

2 COOPERATION WITH GOVERNMENT. 

3 The head of an executive agency making or awarding 

4 a grant, contract, or cooperative agreement shall require 

5 that the recipient of the grant, contract, or cooperative 

6 agreement— 

7 (1) immediately inform the Inspector General of 

8 the executive agency of any information it receives 

9 from any source that alleges credible evidence that 

10 the recipient; any subcontractor or subgrantee of the 

11 recipient; or any agent of the recipient or of such a 

12 subcontractor or subgrantee, has engaged in conduct 

13 described in section 106(g) of the Trafficking in Vic14 tims Protection Act of 2000 (22 U.S.C. 7104(g)), as 

15 amended by section 233 of this Act; and 

16 (2) fully cooperate with any Federal agencies 

17 responsible for audits, investigations, or corrective 

18 actions relating to trafficking in persons. 

19 SEC. 237. EXPANSION OF FRAUD IN FOREIGN LABOR CON20 TRACTING TO INCLUDE WORK OUTSIDE THE 

21 UNITED STATES. 

22 Section 1351 of title 18, United States Code, is 

23 amended— 

24 (1) by striking ‘‘Whoever knowingly’’ and in25 serting ‘‘(a) WORK INSIDE THE UNITED STATES.— 

26 Whoever knowingly’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
94 

•S 3286 IS

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) WORK OUTSIDE THE UNITED STATES.—Who4 ever knowingly and with intent to defraud recruits, solic5 its, or hires a person outside the United States or causes 

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

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

8 work performed on a United States Government contract 

9 performed outside the United States, or on a United 

10 States military installation or mission or other property 

11 or premises owned or controlled by the United States Gov12 ernment, by means of materially false or fraudulent pre13 tenses, representations, or promises regarding that em14 ployment, shall be fined under this title or imprisoned for 

15 not more than 5 years, or both.’’. 

16 SEC. 238. IMPROVING DEPARTMENT OF DEFENSE AC17 COUNTABILITY FOR REPORTING TRAF18 FICKING IN PERSONS CLAIMS AND VIOLA19 TIONS. 

20 Section 105(d)(7)(H) of the Trafficking Victims Pro21 tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend22 ed— 

23 (1) in clause (ii), by striking ‘‘and’’ at the end; 

24 (2) by redesignating clause (iii) as clause (iv); 


smartinez on DSK6TPTVN1PROD with BILLS
95 

•S 3286 IS

1 (3) by inserting after clause (ii) the following 

2 new clause: 

3 ‘‘(iii) all known trafficking in persons 

4 cases reported to the Under Secretary of 

5 Defense for Personnel and Readiness;’’; 

6 (4) in clause (iv), as redesignated by paragraph 

7 (2), by inserting ‘‘and’’ at the end after the semi8 colon; and 

9 (5) by adding at the end the following new 

10 clause: 

11 ‘‘(v) all trafficking in persons activi12 ties of contractors reported to the Under 

13 Secretary of Defense for Acquisition, Tech14 nology, and Logistics;’’. 

15 SEC. 239. RULE OF CONSTRUCTION. 

16 Excluding section 237 of this Act, nothing in this 

17 subtitle shall be construed to supersede, enlarge, or dimin18 ish the common law or statutory liabilities of any grantee, 

19 subgrantee, contractor, subcontractor, or other party cov20 ered by section 106(g) of the Trafficking Victims Protec21 tion Act of 2000 (22 U.S.C. 7104(g)), as amended by sec22 tion 233 of this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
96 

•S 3286 IS

1 Subtitle E—Other Matters 

2 SEC. 251. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 

3 CAPITAL PROJECTS IN CONNECTION WITH 

4 OVERSEAS CONTINGENCY OPERATIONS. 

5 (a) LIMITATION.— 

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

7 the date of the enactment of this Act— 

8 (A) amounts authorized to be appropriated 

9 for the Department of Defense may not be obli10 gated or expended for a capital project de11 scribed in subsection (b) unless the Secretary of 

12 Defense, in consultation with the United States 

13 commander of military operations in the coun14 try in which the project will be carried out, 

15 completes an assessment on the necessity and 

16 sustainability of the project; 

17 (B) amounts authorized to be appropriated 

18 for the Department of State may not be obli19 gated or expended for a capital project de20 scribed in subsection (b) unless the Secretary of 

21 State, in consultation with the Chief of Mission 

22 in the country in which the project will be car23 ried out, completes an assessment on the neces24 sity and sustainability of the project; and 


smartinez on DSK6TPTVN1PROD with BILLS
97 

•S 3286 IS

1 (C) amounts authorized to be appropriated 

2 for the United States Agency for International 

3 Development may not be obligated or expended 

4 for a capital project described in subsection (b) 

5 unless the Administrator of the United States 

6 Agency for International Development, in con7 sultation with the Mission Director and the 

8 Chief of Mission in the country in which the 

9 project will be carried out, completes an assess10 ment on the necessity and sustainability of the 

11 project. 

12 (2) ELEMENTS.—Each assessment on a capital 

13 project under this subsection shall include, but not 

14 be limited to, the following: 

15 (A) An estimate of the total cost of the 

16 completed project to the United States. 

17 (B) An estimate of the financial and other 

18 requirements necessary for the host government 

19 to sustain the project on an annual basis after 

20 completion of the project. 

21 (C) An assessment whether the host gov22 ernment has the capacity (in both financial and 

23 human resources) to maintain and use the 

24 project after completion. 


smartinez on DSK6TPTVN1PROD with BILLS
98 

•S 3286 IS

1 (D) An assessment whether the host gov2 ernment has requested or expressed its need for 

3 the project, and an explanation of the decision 

4 to proceed with the project absent such request 

5 or need. 

6 (b) COVERED CAPITAL PROJECTS.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), a capital project described in this sub9 section is any capital project overseas for an over10 seas contingency operation for the benefit of a host 

11 country and funded by the Department of Defense, 

12 the Department of State, or the United States Agen13 cy for International Development, as applicable, if 

14 the capital project— 

15 (A) in the case of a project that directly 

16 supports building the capacity of indigenous se17 curity forces in the host country, has an esti18 mated value in excess of $10,000,000; or 

19 (B) in the case of any other project, has 

20 an estimated value in excess of $2,000,000. 

21 (2) EXCLUSION.—A capital project described in 

22 this subsection does not include any project for mili23 tary construction (as that term is defined in section 

24 114(b) of title 10, United States Code) or a military 


smartinez on DSK6TPTVN1PROD with BILLS
99 

•S 3286 IS

1 family housing project under section 2821 of such 

2 title. 

3 (c) TERMINATION OF UNSUSTAINABLE PROJECTS IN

4 PROGRESS.— 

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

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

7 Defense, the Secretary of State, or the Adminis8 trator of the United States Agency for International 

9 Development, as applicable, shall terminate each 

10 capital project described in subsection (b) that is in 

11 progress, but not completed, as of such effective date 

12 if such Secretary or the Administrator, as the case 

13 may be— 

14 (A) determines that the country does not 

15 have the capacity (in both financial and human 

16 resources) to effectively maintain and use the 

17 project; or 

18 (B) has not made any determination on 

19 the matters described in subparagraph (A) with 

20 respect to the project. 

21 (2) REPORTS.—The Secretary of Defense, the 

22 Secretary of State, and the Administrator of the 

23 United States Agency for International Develop24 ment, as applicable, shall include in the first report 

25 submitted under subsection (e) after the effective 


smartinez on DSK6TPTVN1PROD with BILLS
100 

•S 3286 IS

1 date specified in paragraph (1) a description of each 

2 capital project terminated under this subsection. 

3 (d) WAIVER.—The Secretary of Defense, the Sec4 retary of State, or the Administrator of the United States 

5 Agency for International Development, as applicable, may 

6 waive the limitation in subsection (a) in order to initiate 

7 a capital project, or may waive the termination require8 ment in subsection (c) with respect to a capital project, 

9 if such Secretary or the Administrator, as the case may 

10 be, determines that the project is in the national security, 

11 diplomatic, or humanitarian interests of the United 

12 States. In the first report submitted under subsection (e) 

13 after any waiver under this subsection, such Secretary or 

14 the Administrator shall include a detailed justification of 

15 such waiver. Not later than 180 days after issuing a waiv16 er under this subsection, such Secretary or the Adminis17 trator shall submit to Congress the assessment described 

18 in subsection (a) with respect to the capital project con19 cerned. 

20 (e) QUARTERLY REPORTS.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the end of each fiscal-year quarter the Secretary of 

23 Defense, the Secretary of State, and the Adminis24 trator of the United States Agency for International 

25 Development shall each submit to the appropriate 


smartinez on DSK6TPTVN1PROD with BILLS
101 

•S 3286 IS

1 committees of Congress a report setting forth each 

2 assessment conducted under subsection (a) by such 

3 Secretary or the Administrator, as the case may be, 

4 during such fiscal-year quarter. 

5 (2) ADDITIONAL ELEMENTS.—Each report 

6 under paragraph (1) shall include, for each capital 

7 project covered by such report, an evaluation (other 

8 than by amount of funds expended) of the effective9 ness of such project, including, at a minimum, the 

10 following: 

11 (A) The stated goals of the project. 

12 (B) The actions taken to assess and verify 

13 whether the project has met the stated goals of 

14 the project or is on track to meet such goals 

15 when completed. 

16 (C) The current and anticipated effects of 

17 the project on levels of violence in the country 

18 in which the project is being carried out. 

19 (D) The current and anticipated levels of 

20 corruption or fraud in connection with the 

21 project, and the current and anticipated risks of 

22 corruption or fraud in connection with the 

23 project. 


smartinez on DSK6TPTVN1PROD with BILLS
102 

•S 3286 IS

1 (E) The current and anticipated levels of 

2 involvement of local governments, communities, 

3 and individuals in the project. 

4 (3) FORM.—Each report shall be submitted in 

5 unclassified form, but may include a classified 

6 annex. 

7 (f) CAPITAL PROJECT DEFINED.—In this section, 

8 the term ‘‘capital project’’ has the meaning given that 

9 term in section 308 of the Aid, Trade, and Competitive10 ness Act of 1992 (22 U.S.C. 2421e). 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS