I 

112TH CONGRESS 

1ST SESSION H. R. 2880 

To establish the Office of the Special Inspector General for Overseas 

Contingency Operations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2011 

Mr. TIERNEY (for himself, Mr. HONDA, Mr. CUMMINGS, Mr. WELCH, Mr. 

LYNCH, Mr. QUIGLEY, Mr. KUCINICH, Mr. CARNAHAN, Mr. MCGOVERN, 

Ms. LEE of California, Mr. JOHNSON of Georgia, Mr. GARAMENDI, Mr. 

MARKEY, Ms. PINGREE of Maine, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on Armed Services and Oversight and Government Reform, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Office of the Special Inspector General 

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 ‘‘Contingency Operation 

5 and Emergency Oversight Act of 2011’’. 


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1 SEC. 2. SPECIAL INSPECTOR GENERAL FOR OVERSEAS 

2 CONTINGENCY OPERATIONS. 

3 (a) PURPOSES.—The purposes of this section are as 

4 follows: 

5 (1) To provide for the independent and objec6 tive conduct and supervision of audits and investiga7 tions relating to the programs and operations funded 

8 with amounts appropriated or otherwise made avail9 able for overseas contingency operations. 

10 (2) To provide for the independent and objec11 tive leadership and coordination of, and rec12 ommendations on, policies designed to— 

13 (A) promote economy, efficiency, and effec14 tiveness in the administration of the programs 

15 and operations described in paragraph (1); and 

16 (B) prevent and detect waste, fraud, and 

17 abuse in such programs and operations. 

18 (3) To provide for an independent and objective 

19 means of keeping the Secretary of State, the Sec20 retary of Defense, and the Administrator of the 

21 United States Agency for International Development 

22 fully and currently informed about problems and de23 ficiencies relating to the administration of such pro24 grams and operations and the necessity for and 

25 progress on corrective action. 


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1 (b) OFFICE OF INSPECTOR GENERAL.—There is 

2 hereby established the Office of the Special Inspector Gen3 eral for Overseas Contingency Operations to carry out the 

4 purposes of subsection (a). 

5 (c) APPOINTMENT OF INSPECTOR GENERAL; RE6 MOVAL.— 

7 (1) APPOINTMENT.—The head of the Office of 

8 the Special Inspector General for Overseas Contin9 gency Operations is the Special Inspector General 

10 for Overseas Contingency Operations, who shall be 

11 appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 (2) QUALIFICATIONS.—The appointment of the 

14 Special Inspector General shall be made without re15 gard to political affiliation and solely on the basis of 

16 integrity and demonstrated ability in accounting, au17 diting, financial analysis, law, management analysis, 

18 public administration, or investigations. 

19 (3) DEADLINE FOR NOMINATION.—The nomi20 nation of an individual as Special Inspector General 

21 shall be made not later than 30 days after the date 

22 of the enactment of this Act. 

23 (4) COMPENSATION.—The annual rate of basic 

24 pay of the Special Inspector General shall be the an25 nual rate of basic pay provided for an Inspector 


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1 General under section 3(e) of the Inspector General 

2 Act of 1978 (5 U.S.C. App.). 

3 (5) PROHIBITION ON POLITICAL ACTIVITIES.— 

4 For purposes of section 7324 of title 5, United 

5 States Code, the Special Inspector General shall not 

6 be considered an employee who determines policies 

7 to be pursued by the United States in the nation8 wide administration of Federal law. 

9 (6) REMOVAL.—The Special Inspector General 

10 shall be removable from office in accordance with 

11 the provisions of section 3(b) of the Inspector Gen12 eral Act of 1978 (5 U.S.C. App.). 

13 (d) ASSISTANT INSPECTORS GENERAL.—The Special 

14 Inspector General shall, in accordance with applicable laws 

15 and regulations governing the civil service— 

16 (1) appoint an Assistant Special Inspector Gen17 eral for Auditing who shall have the responsibility 

18 for supervising the performance of auditing activities 

19 relating to programs and operations supported by 

20 amounts appropriated or otherwise made available 

21 for overseas contingency operations; and 

22 (2) appoint an Assistant Special Inspector Gen23 eral for Investigations who shall have the responsi24 bility for supervising the performance of investigaVerDate Mar 15 2010 02:44 Sep 10, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2880.IH H2880

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1 tive activities relating to such programs and oper2 ations. 

3 (e) SUPERVISION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Special Inspector General shall report 

6 directly to, and be under the general supervision of, 

7 the Secretary of State and the Secretary of Defense. 

8 (2) INDEPENDENCE TO CONDUCT INVESTIGA9 TIONS AND AUDITS.—An officer of the Department 

10 of Defense or the Department of State may not pre11 vent or prohibit the Special Inspector General from 

12 initiating, carrying out, or completing any audit or 

13 investigation related to amounts appropriated or 

14 otherwise made available for overseas contingency 

15 operations or from issuing any subpoena during the 

16 course of any such audit or investigation. 

17 (f) DUTIES.— 

18 (1) OVERSIGHT OF OVERSEAS CONTINGENCY

19 OPERATIONS.—It shall be the duty of the Special In20 spector General to conduct, supervise, and coordi21 nate audits and investigations of the treatment, han22 dling, and expenditure of amounts appropriated or 

23 otherwise made available for overseas contingency 

24 operations, and of the programs, operations, and 


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1 contracts carried out utilizing such funds, including 

2 the following: 

3 (A) The oversight and accounting of the 

4 obligation and expenditure of such funds. 

5 (B) The monitoring and review of overseas 

6 contingency operation activities funded by such 

7 funds. 

8 (C) The monitoring and review of con9 tracts funded by such funds. 

10 (D) The monitoring and review of the 

11 transfer of such funds and associated informa12 tion between and among departments, agencies, 

13 and entities of the United States and private 

14 and nongovernmental entities. 

15 (E) The maintenance of records on the use 

16 of such funds to facilitate future audits and in17 vestigations of the use of such funds. 

18 (F) The investigation of overpayments 

19 such as duplicate payments or duplicate billing 

20 and any potential unethical or illegal actions of 

21 Federal employees, contractors, or affiliated en22 tities and the referral of such reports, as nec23 essary, to the Department of Justice to ensure 

24 further investigations, prosecutions, recovery of 

25 further funds, or other remedies. 


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1 (2) OTHER DUTIES RELATED TO OVERSIGHT.— 

2 The Special Inspector General shall establish, main3 tain, and oversee such systems, procedures, and con4 trols as the Special Inspector General considers ap5 propriate to discharge the duties under paragraph 

6 (1). 

7 (3) OVERSIGHT IN RESPONSE TO EMER8 GENCIES, DESTABILIZATION, ARMED CONFLICT OR

9 OTHER CIRCUMSTANCES.— 

10 (A) AUDIT AND INVESTIGATIVE AUTHOR11 ITY.—The Special Inspector General shall, in 

12 addition to the other responsibilities and au13 thorities of the Special Inspector General under 

14 this section, conduct, supervise, and coordinate 

15 audits and investigations of the treatment, han16 dling, and expenditure of amounts appropriated 

17 or otherwise made available for the activities 

18 described in subparagraph (B), and of the pro19 grams, operations, and contracts carried out 

20 utilizing such funds (including the oversight 

21 and accounting of the obligation and expendi22 ture of such funds). 

23 (B) ACTIVITIES DESCRIBED.—The activi24 ties described in this paragraph are activities 

25 funded or undertaken, outside of the United 


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1 States, by the Department of Defense and ei2 ther the Department of State or the United 

3 States Agency for International Development— 

4 (i) to build or rebuild physical infra5 structure; 

6 (ii) to establish, reestablish, strength7 en, or otherwise provide for a political, se8 curity, or societal institution; 

9 (iii) to provide products or services to 

10 the people of a foreign country; 

11 (iv) in response to emergencies, desta12 bilization, armed conflict, or circumstances 

13 otherwise necessitating stabilization or re14 construction operations; or 

15 (v) where a rapid response by the 

16 United States is required or anticipated to 

17 be required. 

18 (4) DUTIES AND RESPONSIBILITIES UNDER

19 THE INSPECTOR GENERAL ACT OF 1978.—In addition 

20 to the duties specified in paragraphs (1), (2), and 

21 (3) the Special Inspector General shall also have the 

22 duties and responsibilities of inspectors general 

23 under the Inspector General Act of 1978. 

24 (5) COORDINATION OF EFFORTS.—In carrying 

25 out the duties, responsibilities, and authorities of the 


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1 Special Inspector General under this section, the 

2 Special Inspector General shall coordinate with, and 

3 receive the cooperation of each of the following: 

4 (A) The Inspector General of the Depart5 ment of Defense. 

6 (B) The Inspector General of the Depart7 ment of State. 

8 (C) The Inspector General of the United 

9 States Agency for International Development. 

10 (g) POWERS AND AUTHORITIES.— 

11 (1) AUTHORITIES UNDER THE INSPECTOR GEN12 ERAL ACT OF 1978.—In carrying out the duties spec13 ified in subsection (f), the Special Inspector General 

14 shall have the authorities provided in section 6 of 

15 the Inspector General Act of 1978. 

16 (2) AUDIT STANDARDS.—The Special Inspector 

17 General shall carry out the duties specified in sub18 section (f)(1) in accordance with section 4(b)(1) of 

19 the Inspector General Act of 1978. 

20 (h) PERSONNEL, FACILITIES, AND OTHER RE21 SOURCES.— 

22 (1) PERSONNEL.— 

23 (A) IN GENERAL.—The Special Inspector 

24 General may select, appoint, and employ such 

25 officers and employees as may be necessary for 


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1 carrying out the duties of the Special Inspector 

2 General, subject to the provisions of title 5, 

3 United States Code, governing appointments in 

4 the competitive service, and the provisions of 

5 chapter 51 and subchapter III of chapter 53 of 

6 such title, relating to classification and General 

7 Schedule pay rates. The Special Inspector Gen8 eral shall reduce the number of officers and em9 ployees after the conclusion of a contingency 

10 operation if the Special Inspector General de11 termines such officers and employees are no 

12 longer necessary for carrying out the duties of 

13 the Special Inspector General. 

14 (B) ADDITIONAL PERSONNEL AUTHOR15 ITY.— 

16 (i) IN GENERAL.—Subject to clause 

17 (ii), the Special Inspector General may ex18 ercise the authorities of subsections (b) 

19 through (i) of section 3161 of title 5, 

20 United States Code (to the same extent 

21 and in the same manner as an organiza22 tion described under subsection (a) of that 

23 section). 

24 (ii) PERIODS OF APPOINTMENT.—In 

25 exercising the employment authorities 


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1 under subsection (b) of section 3161 of 

2 title 5, United States Code, as provided 

3 under clause (i) of this subparagraph, 

4 paragraph (2) of such subsection (b) (re5 lating to periods of appointments) shall not 

6 apply. 

7 (2) REEMPLOYMENT AUTHORITIES.—The provi8 sions of section 9902(g) of title 5, United States 

9 Code, shall apply with respect to the Office of the 

10 Special Inspector General for Overseas Contingency 

11 Operations. For purposes of the preceding sentence, 

12 such provisions shall be applied— 

13 (A) by substituting ‘‘the Office of the Spe14 cial Inspector General for Overseas Contingency 

15 Operations’’ for ‘‘the Department of Defense’’ 

16 each place it appears; 

17 (B) by substituting ‘‘Contingency Oper18 ation and Emergency Oversight Act of 2011’’ 

19 for ‘‘the National Defense Authorization Act for 

20 Fiscal Year 2004 (Public Law 108–136)’’ in 

21 paragraph (2)(A) thereof; and 

22 (C) by substituting ‘‘the Special Inspector 

23 General for Overseas Contingency Operations’’ 

24 for ‘‘the Secretary’’ in paragraph (4) thereof. 


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1 (3) EMPLOYMENT OF EXPERTS AND CONSULT2 ANTS.—The Special Inspector General may obtain 

3 services as authorized by section 3109 of title 5, 

4 United States Code, at daily rates not to exceed the 

5 equivalent rate prescribed for grade GS–15 of the 

6 General Schedule by section 5332 of such title. 

7 (4) CONTRACTING AUTHORITY.—To the extent 

8 and in such amounts as may be provided in advance 

9 by appropriations Acts, the Special Inspector Gen10 eral may enter into contracts and other arrange11 ments for audits, studies, analyses, and other serv12 ices with public agencies and with private persons, 

13 and make such payments as may be necessary to 

14 carry out the duties of the Special Inspector Gen15 eral. 

16 (5) RESOURCES.—The Secretary of State, the 

17 Secretary of Defense, or the Administrator of the 

18 United States Agency for International Develop19 ment, as appropriate, shall provide the Special In20 spector General with appropriate and adequate office 

21 space at appropriate locations of the Department of 

22 State, the Department of Defense, or the United 

23 States Agency for International Development, as the 

24 case may be, together with such equipment, office 

25 supplies, and communications facilities and services 


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1 as may be necessary for the operation of such of2 fices, and shall provide necessary maintenance serv3 ices for such offices and the equipment and facilities 

4 located therein. 

5 (6) ASSISTANCE FROM FEDERAL AGENCIES.— 

6 (A) IN GENERAL.—Upon request of the 

7 Special Inspector General for information or as8 sistance from any department, agency, or other 

9 entity of the Federal Government, the head of 

10 such entity shall, insofar as is practicable and 

11 not in contravention of any existing law, furnish 

12 such information or assistance to the Special 

13 Inspector General. 

14 (B) REPORTING OF REFUSED ASSIST15 ANCE.—Whenever information or assistance re16 quested by the Special Inspector General is, in 

17 the judgment of the Special Inspector General, 

18 unreasonably refused or not provided, the Spe19 cial Inspector General shall report the cir20 cumstances to the Secretary of State, the Sec21 retary of Defense, or the Administrator of the 

22 United States Agency for International Devel23 opment, as appropriate, and to the appropriate 

24 congressional committees without delay. 

25 (i) REPORTS.— 


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1 (1) QUARTERLY REPORTS DURING OVERSEAS

2 CONTINGENCY OPERATIONS.—During overseas con3 tingency operations, not later than 30 days after the 

4 end of each fiscal-year quarter, the Special Inspector 

5 General shall submit to the appropriate congres6 sional committees a report summarizing, for the pe7 riod of that quarter and, to the extent possible, the 

8 period from the end of such quarter to the time of 

9 the submission of the report, the activities during 

10 such period of the Special Inspector General and the 

11 activities under programs and operations funded 

12 with amounts appropriated or otherwise made avail13 able for the relevant overseas contingency operation. 

14 Each report shall include, for the period covered by 

15 such report, a detailed statement of all obligations, 

16 expenditures, and revenues associated with the rel17 evant overseas contingency operation, including the 

18 following: 

19 (A) Obligations and expenditures of appro20 priated funds. 

21 (B) A project-by-project and program-by22 program accounting of the costs incurred to 

23 date for overseas contingency operations, to24 gether with the estimate of the Department of 

25 Defense, the Department of State, and the 


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1 United States Agency for International Devel2 opment, as applicable, of the costs to complete 

3 each project and each program. 

4 (C) Revenues attributable to or consisting 

5 of funds provided by foreign nations or inter6 national organizations to programs and projects 

7 funded by any department or agency of the 

8 United States Government, and any obligations 

9 or expenditures of such revenues. 

10 (D) Revenues attributable to or consisting 

11 of foreign assets seized or frozen that con12 tribute to programs and projects funded by any 

13 department or agency of the United States Gov14 ernment, and any obligations or expenditures of 

15 such revenues. 

16 (E) Operating expenses of agencies or enti17 ties receiving amounts appropriated or other18 wise made available for contingency contracting. 

19 (F) In the case of any contract, grant, 

20 agreement, or other funding mechanism de21 scribed in paragraph (3)— 

22 (i) the amount of the contract, grant, 

23 agreement, or other funding mechanism; 


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1 (ii) a brief discussion of the scope of 

2 the contract, grant, agreement, or other 

3 funding mechanism; 

4 (iii) a discussion of how the depart5 ment or agency of the United States Gov6 ernment involved in the contract, grant, 

7 agreement, or other funding mechanism 

8 identified, and solicited offers from, poten9 tial individuals or entities to perform the 

10 contract, grant, agreement, or other fund11 ing mechanism, together with a list of the 

12 potential individuals or entities that were 

13 issued solicitations for the offers; and 

14 (iv) the justification and approval doc15 uments on which was based the determina16 tion to use procedures other than proce17 dures that provide for full and open com18 petition. 

19 (2) ANNUAL REPORTS DURING NON-CONTIN20 GENCIES.—During periods in which the United 

21 States is not engaged in overseas contingency oper22 ations, not later than 30 days after the end of each 

23 fiscal year, the Special Inspector General shall sub24 mit to the appropriate congressional committees a 

25 report summarizing, for the period of that year and, 


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1 to the extent possible, the period from the end of 

2 such year to the time of the submission of the re3 port, activities during such period of the Special In4 spector General and the activities under programs 

5 and operations funded with amounts appropriated or 

6 otherwise made available for planning of overseas 

7 contingency operations. Each report shall include, 

8 for the period covered by such report, a detailed 

9 statement of all obligations, expenditures, and reve10 nues associated with planning of overseas contin11 gency operations, including those obligations, ex12 penditures, and revenues listed in subparagraphs (A) 

13 through (E) of paragraph (1). 

14 (3) COVERED CONTRACTS, GRANTS, AGREE15 MENTS, AND FUNDING MECHANISMS.—A contract, 

16 grant, agreement, or other funding mechanism de17 scribed in this paragraph is any major contract, 

18 grant, agreement, or other funding mechanism that 

19 is entered into by any department or agency of the 

20 United States Government that involves the use of 

21 amounts appropriated or otherwise made available 

22 for overseas contingency operations. 

23 (4) PUBLIC AVAILABILITY.—The Special In24 spector General shall publish on a publically availVerDate Mar 15 2010 02:44 Sep 10, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2880.IH H2880

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1 able website each report under paragraph (1) of this 

2 subsection. 

3 (5) FORM.—Each report required under this 

4 subsection shall be submitted in unclassified form, 

5 but may include a classified annex if the Special In6 spector General considers it necessary. 

7 (6) RULE OF CONSTRUCTION.—Nothing in this 

8 subsection shall be construed to authorize the public 

9 disclosure of information that is— 

10 (A) specifically prohibited from disclosure 

11 by any other provision of law; 

12 (B) specifically required by Executive order 

13 to be protected from disclosure in the interest 

14 of national defense or national security or in 

15 the conduct of foreign affairs; or 

16 (C) a part of an ongoing criminal inves17 tigation. 

18 (j) REPORT COORDINATION.— 

19 (1) SUBMISSION TO SECRETARIES OF STATE

20 AND DEFENSE AND THE ADMINISTRATOR OF THE

21 UNITED STATES AGENCY FOR INTERNATIONAL DE22 VELOPMENT.—The Special Inspector General shall 

23 also submit each report required under subsection 

24 (i) to the Secretary of State, the Secretary of DeVerDate Mar 15 2010 02:44 Sep 10, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2880.IH H2880

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1 fense, and the Administrator of the United States 

2 Agency for International Development. 

3 (2) SUBMISSION TO CONGRESS.—Not later than 

4 30 days after receipt of a report under paragraph 

5 (1), the Secretary of State, the Secretary of Defense, 

6 or the Administrator of the United States Agency 

7 for International Development may submit to the 

8 appropriate congressional committees any comments 

9 on the matters covered by the report as the Sec10 retary of State, the Secretary of Defense, or the Ad11 ministrator of the United States Agency for Inter12 national Development, as the case may be, considers 

13 appropriate. Any comments on the matters covered 

14 by the report shall be submitted in unclassified form, 

15 but may include a classified annex if the Secretary 

16 of State, the Secretary of Defense, or the Adminis17 trator of the United States Agency for International 

18 Development, as the case may be, considers it nec19 essary. 

20 (k) TRANSPARENCY.— 

21 (1) REPORT.—Not later than 60 days after 

22 submission to the appropriate congressional commit23 tees of a report under subsection (i), the Secretary 

24 of State, the Secretary of Defense, and the Adminis25 trator of the United States Agency for International 


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1 Development shall jointly make copies of the report 

2 available to the public upon request, and at a rea3 sonable cost. 

4 (2) COMMENTS ON MATTERS COVERED BY RE5 PORT.—Not later than 60 days after submission to 

6 the appropriate congressional committees under sub7 section (j)(2) of comments on a report under sub8 section (i), the Secretary of State, the Secretary of 

9 Defense, and the Administrator of the United States 

10 Agency for International Development shall jointly 

11 make copies of the comments available to the public 

12 and at a reasonable cost. 

13 (l) WAIVER.— 

14 (1) AUTHORITY.—The President may waive the 

15 requirement under paragraph (1) or (2) of sub16 section (k) with respect to availability to the public 

17 of any element in a report under subsection (i), or 

18 any comment under subsection (j)(2), if the Presi19 dent determines that the waiver is justified for na20 tional security reasons. 

21 (2) NOTICE OF WAIVER.—The President shall 

22 publish a notice of each waiver made under this sub23 section in the Federal Register no later than the 

24 date on which a report required under subsection (i), 

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1 mitted to the appropriate congressional committees. 

2 The report and comments shall specify whether 

3 waivers under this subsection were made and with 

4 respect to which elements in the report or which 

5 comments, as appropriate. 

6 (m) CENTER ON CONTINGENCY CONTRACTING.— 

7 (1) ESTABLISHMENT.—The Special Inspector 

8 General shall establish in the Office of the Special 

9 Inspector General for Overseas Contingency Oper10 ations the ‘‘Center on Contingency Contracting’’ (in 

11 this subsection referred to as the ‘‘Center’’) to carry 

12 out the following activities: 

13 (A) Creating and maintaining a resource 

14 center and archive consisting of the findings of 

15 the Commission on Wartime Contracting, re16 ports issued by the Special Inspector General 

17 for Iraq Reconstruction or the Special Inspector 

18 General for Afghanistan Reconstruction, reports 

19 issued by other Inspectors General on matters 

20 relating to contingency contracting for activities 

21 relating to the wars in Iraq and Afghanistan, 

22 and reports of committees of Congress on con23 tingency contracting for activities relating to 

24 the wars in Iraq and Afghanistan. 


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1 (B) Holding symposia and other events for 

2 the discussion of issues on contingency con3 tracting for activities relating to the wars in 

4 Iraq and Afghanistan. 

5 (C) Serving as a center to support con6 tinuing scholarship on the oversight of wartime 

7 contracting. 

8 (2) ADMINISTRATION.—The Special Inspector 

9 General shall provide for the administration of the 

10 Center in such manner as the Special Inspector Gen11 eral considers appropriate, including the appoint12 ment of staff and the allocation of resources of the 

13 Office of the Special Inspector General for Overseas 

14 Contingency Operations to support the Center’s ac15 tivities. 

16 (n) TERMINATION OF OTHER OFFICES OF SPECIAL

17 INSPECTORS GENERAL.— 

18 (1) IN GENERAL.— 

19 (A) TERMINATION OF THE OFFICE OF THE

20 SPECIAL INSPECTOR GENERAL FOR IRAQ RE21 CONSTRUCTION.—Notwithstanding any other 

22 law, not later than September 30, 2012, the Of23 fice of the Special Inspector General for Iraq 

24 Reconstruction shall terminate, and the assets 

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1 ferred to the Office of the Special Inspector 

2 General for Overseas Contingency Operations 

3 or otherwise disposed of. 

4 (B) TERMINATION OF THE OFFICE OF THE

5 SPECIAL INSPECTOR GENERAL FOR AFGHANI6 STAN RECONSTRUCTION.—Notwithstanding any 

7 other law, not later than February 28, 2013, 

8 the Office of the Special Inspector General for 

9 Afghanistan Reconstruction shall terminate, 

10 and the assets and obligations of such Office 

11 shall be transferred to the Office of the Special 

12 Inspector General for Overseas Contingency 

13 Operations or otherwise disposed of. 

14 (C) AUTHORITY AND RESPONSIBILITY FOR

15 TRANSFER OR DISPOSAL.—The Secretary of 

16 Defense, in consultation with the Secretary of 

17 State and the Administrator of the United 

18 States Agency for International Development 

19 Authority, shall have the authority and respon20 sibility for transfer or disposal under subpara21 graphs (A) and (B). 

22 (2) SAVINGS PROVISIONS.— 

23 (A) CONTINUING EFFECT OF LEGAL DOCU24 MENTS.—All orders, determinations, rules, reg25 ulations permits, agreements, grants, contracts, 


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1 certificates, licenses, registration, privileges, 

2 and other administrative actions— 

3 (i) which have been issued, made, 

4 granted, or allowed to become effective by 

5 the President, any Federal agency or offi6 cial thereof, or by a court of competent ju7 risdiction, in the performance of functions 

8 which are transferred under this section, 

9 and 

10 (ii) which are in effect on the relevant 

11 transfer date, or were final before the rel12 evant transfer date and are to become ef13 fective on or after the relevant transfer 

14 date, shall continue in effect according to 

15 their terms until modified, terminated, su16 perseded, set arise, or revoked in accord17 ance with law by the President, the Inspec18 tor General or other authorized official, a 

19 court of competent jurisdiction, or by oper20 ation of law. 

21 (B) PERFORMANCE NOT AFFECTED.—The 

22 provisions of this section shall not affect the 

23 performance of any pending audit, investiga24 tion, inspection, or report by the Office of the 

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1 tion or the Office of the Special Inspector Gen2 eral for Afghanistan Reconstruction on the rel3 evant transfer date, with respect to functions 

4 transferred by this section. Nothing in this 

5 paragraph shall be deemed to prohibit the dis6 continuance or modification of any performance 

7 under the same terms and conditions and to the 

8 same extent that such performance could have 

9 been discontinued or modified if this section 

10 had not been enacted. 

11 (C) SUITS NOT AFFECTED.—The provi12 sions of this section shall not affect suits com13 menced before the relevant transfer date, and in 

14 all such suits, proceedings shall be had, appeals 

15 taken, and judgments rendered in the same 

16 manner and with the same effect as if this sec17 tion had not been enacted. 

18 (D) NONABATEMENT OF ACTIONS.—A 

19 suit, action, or other proceeding commenced by 

20 or against the Office of the Special Inspector 

21 General for Iraq Reconstruction or the Office of 

22 the Special Inspector General for Afghanistan 

23 Reconstruction, or by or against any individual 

24 as an officer of the Office of the Special Inspec25 tor General for Iraq Reconstruction or the OfVerDate Mar 15 2010 02:44 Sep 10, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2880.IH H2880

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•HR 2880 IH

1 fice of the Special Inspector General for Af2 ghanistan Reconstruction, shall not abate by 

3 reason of the enactment of this section. 

4 (3) DISPOSAL OF PROPERTY.— 

5 (A) STRICT COMPLIANCE.—The Secretary 

6 of Defense shall carry out the disposal of any 

7 real property pursuant to this subsection in 

8 compliance with applicable law, including sec9 tion 572 of title 40, United States Code. 

10 (B) DEPOSIT OF PROCEEDS.—The Sec11 retary of Defense shall deposit the proceeds of 

12 any disposal of real property pursuant to this 

13 subsection into the miscellaneous receipts of the 

14 Treasury in accordance with section 3302(b) of 

15 title 31, United States Code. 

16 (o) DEFINITIONS.—In this section: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means the following: 

20 (A) The Committee on Appropriations, the 

21 Committee on Armed Services, the Committee 

22 on Foreign Relations, and the Committee on 

23 Homeland Security and Governmental Affairs 

24 of the Senate. 


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1 (B) The Committee on Appropriations, the 

2 Committee on Armed Services, the Committee 

3 on Foreign Affairs, and the Committee on 

4 Oversight and Government Reform of the 

5 House of Representatives. 

6 (2) CONTINGENCY CONTRACTING.—The term 

7 ‘‘contingency contracting’’ means all stages of the 

8 process of the Federal Government of acquiring 

9 property or services during a contingency operation. 

10 (3) CONTINGENCY OPERATION.—The term 

11 ‘‘contingency operation’’ has the meaning given that 

12 term in section 101 of title 10, United States Code. 

13 (4) OVERSEAS CONTINGENCY OPERATION.—The 

14 term ‘‘overseas contingency operation’’ means a con15 tingency operation that is outside of the United 

16 States. 

17 (5) RELEVANT TRANSFER DATE.—The term 

18 ‘‘relevant transfer date’’ means— 

19 (A) September 30, 2012, with regard to 

20 the Office of the Special Inspector General for 

21 Iraq Reconstruction; and 

22 (B) February 28, 2013, with regard to the 

23 Office of the Special Inspector General for Af24 ghanistan Reconstruction. 


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1 (6) SPECIAL INSPECTOR GENERAL.—The term 

2 ‘‘Special Inspector General’’ means the Special In3 spector General for Overseas Contingency Oper4 ations appointed under subsection (c). 

5 (p) AUTHORIZATION OF APPROPRIATIONS.—To carry 

6 out this section, there are authorized to be appropriated 

7 $21,000,000 for fiscal year 2012, and such sums as may 

8 be necessary for each fiscal year thereafter. 

Æ 


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