I 
112TH CONGRESS 
2D SESSION 
H. R. 6360 
To increase accountability in contracts for overseas contingency operations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 7, 2012 
Mr. TIERNEY introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Armed 
Services, Oversight and Government Reform, and Ways and Means, 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 com-
mittee concerned 
A BILL 
To increase accountability in contracts for overseas 
contingency operations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Oversight and Ac-
countability in Wartime Contracting Act of 2012’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
TITLE I—ACCOUNTABILITY IN OVERSEAS CONTINGENCY 
OPERATIONS 
Sec. 101. Limitations applicable to certain contracts in connection with over-
seas contingency operations. 
Sec. 102. Revisions to justification and approval requirements for contracts 
awarded using procedures other than competitive procedures. 
Sec. 103. Contractor consent to jurisdiction for certain civil actions under cer-
tain contracts for work overseas. 
Sec. 104. Information on corporate contractor performance and integrity 
through the Federal Awardee Performance and Integrity Infor-
mation System. 
Sec. 105. Inclusion of data on contractor performance in past performance 
databases for executive agency source selection decisions. 
Sec. 106. Sustainability requirements for certain capital projects funded by the 
Department of Defense for overseas contingency operations. 
Sec. 107. Expansion of oversight offices in Department of Defense, the Depart-
ment of State, and the United States Agency for International 
Development. 
Sec. 108. Inspector General reviews and evaluations. 
Sec. 109. Tax treatment of certain civilian employees of Department of Defense 
in combat zones. 
TITLE II—MATTERS RELATING TO SECURITY ASSISTANCE AND 
COUNTERTERRORISM 
Sec. 201. Report on United States strategy relating to Afghanistan. 
Sec. 202. Improving United States foreign police assistance activities. 
Sec. 203. United States plan for sustaining the Afghanistan National Security 
Forces. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Com-
mittee on Homeland Security and Govern-
mental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
on Oversight and Government Reform, and the 
Committee on Appropriations of the House of 
Representatives. 
(2) FEDERAL ACQUISITION REGULATORY COUN-
CIL.—The term ‘‘Federal Acquisition Regulatory 
Council’’ means the Federal Acquisition Regulatory 
Council under section 1302(a) of title 41, United 
States Code. 
(3) OVERSEAS CONTINGENCY OPERATION.—The 
term ‘‘overseas contingency operation’’ means a mili-
tary operation outside the United States and its ter-
ritories and possessions that is— 
(A) a contingency operation, as that term 
is defined in subparagraph (A) of section 
101(a)(13) of title 10, United States Code; or 
(B) a contingency operation, as that term 
is defined in subparagraph (B) of section 
101(a)(13) of title 10, United States Code, but 
only if such operation involves actual or poten-
tial hostilities against an enemy of the United 
States or against an opposing military force. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(3) WAIVER.—The amendment of the Federal 
Acquisition Regulation required by this subsection 
shall provide that the head of a covered agency may 
waive the applicability of the limitations in para-
graph (2) to a contract if— 
(A) the contracting officer certifies in writ-
ing as part of a justification and approval 
(J&A) that the agency has concluded, on the 
basis of market research conducted for purposes 
of the justification and approval, that— 
(i) the period of performance for the 
contract in excess of the limitations in 
paragraph (2) will be in the best interest 
of the United States; and 
(ii) the offeror has submitted informa-
tion in a bid or proposal sufficient to show 
that representations by the offeror about 
the offeror’s ability to timely, sufficiently, 
and cost-effectively perform the contract, if 
awarded, are reasonable; 
(B) the contracting officer conducts the 
cost analysis required by section 15.404–1 of 
the Federal Acquisition Regulation; and 
(C) the head of the agency determines in 
writing based on the information obtained pur-
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
suant to subparagraphs (A) and (B) that the 
waiver is in the best interests of the United 
States. 
(b) LIMITATION ON SUBCONTRACTING TIERS FOR 
SERVICE CONTRACTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Fed-
eral Acquisition Regulatory Council shall amend the 
Federal Acquisition Regulation to provide that, com-
mencing 90 days after the date of the commence-
ment or designation of a military operation as an 
overseas contingency operation, any contract for 
services entered into by a covered agency in connec-
tion with such contingency operation may only have 
a single tier of subcontractors, except as provided in 
paragraph (2). 
(2) WAIVER.—The amendment of the Federal 
Acquisition Regulation required by this subsection 
shall provide that the head of a covered agency may 
waive the applicability of the limitation in paragraph 
(1) to a contract if— 
(A) the contracting officer includes in the 
contract a provision for liquidated damages (in 
an amount specified by the contracting officer 
in the contract) in favor of the United States 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
in the event a subcontractor under the contract 
at any tier is determined by the contracting of-
ficer to have acted in the performance of the 
contract in a manner that is illegal or unethical 
or harms the strategic political or military goals 
of the United States; 
(B) the contracting officer certifies in writ-
ing a justification and approval that the agency 
has concluded, on the basis of market research 
conducted for purposes of the justification and 
approval, that, if the contract is performed in 
component parts, no combination of contractors 
within the market exists that could perform the 
contract either by prime contractor alone or 
through the use of subcontractors only at a sin-
gle tier; and 
(C) the head of the agency determines in 
writing based on the information obtained pur-
suant to subparagraphs (A) and (B) that the 
waiver is in the best interests of the United 
States. 
(3) REPORT.—Each covered agency shall com-
pile and submit to the appropriate committees of 
Congress an annual report on the waivers (if any) 
under paragraph (2) granted by the agency during 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
the year covered by the report. The report shall con-
tain a description of the manner in which subpara-
graphs (A), (B), and (C) of paragraph (2) were im-
plemented with respect to each waiver, including, in 
the case of subparagraph (B), a copy of the jus-
tification and approval. 
(c) DEFINITIONS.—In this section: 
(1) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means the following: 
(A) The Department of Defense. 
(B) The Department of State. 
(C) The United States Agency for Inter-
national Development. 
(2) COMPETITIVELY BID.—The term ‘‘competi-
tively bid’’, with respect to a contract, means a con-
tract awarded through the use of competitive proce-
dures. 
(3) NON-COMPETITIVELY BID.—The term ‘‘non- 
competitively bid’’, with respect to a contract, means 
a contract awarded through the use of procedures 
other than competitive procedures. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 102. REVISIONS TO JUSTIFICATION AND APPROVAL 
REQUIREMENTS FOR CONTRACTS AWARDED 
USING PROCEDURES OTHER THAN COMPETI-
TIVE PROCEDURES. 
(a) ADDITIONAL JUSTIFICATION AND APPROVAL FOR 
USE
OF NONCOMPETITIVE PROCEDURES
FOR SOLE- 
SOURCE CONTRACTS OF UNUSUAL AND COMPELLING UR-
GENCY.— 
(1) DEPARTMENT OF DEFENSE AND RELATED 
AGENCIES.—Section 2304(c)(2) of title 10, United 
States Code, is amended by inserting before the 
semicolon at the end the following: ‘‘, except that in 
any case in which the agency solicits a bid or pro-
posal from only one source, the head of an agency 
may use the authority in this paragraph only if the 
contracting officer certifies in writing a justification 
and approval (J&A) (in addition to the justification 
and approval required under subsection (f)) of the 
reasons necessary for using the authority in this 
paragraph to solicit a bid or proposal from only one 
source, and such certifications are compiled and sub-
mitted annually in a report to the Committee on 
Armed Services, the Committee on Foreign Rela-
tions, the Committee on Homeland Security and 
Governmental Affairs, and the Committee on Appro-
priations of the Senate and the Committee on 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
Armed Services, the Committee on Foreign Affairs, 
the Committee on Oversight and Government Re-
form, and the Committee on Appropriations of the 
House of Representatives’’. 
(2) OTHER
EXECUTIVE
AGENCIES.—Section 
3304(a)(2) of title 41, United States Code, is 
amended by inserting before the semicolon at the 
end the following: ‘‘, except that in any case in 
which the agency solicits a bid or proposal from only 
one source, the head of an agency may use the au-
thority in this paragraph only if the contracting offi-
cer certifies in writing a justification and approval 
(J&A) (in addition to the justification and approval 
required under subsection (e)) of the reasons nec-
essary for using the authority in this paragraph to 
solicit a bid or proposal from only one source, and 
such certifications are compiled and submitted annu-
ally in a report to the Committee on Armed Services, 
the Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Affairs, 
and the Committee on Appropriations of the Senate 
and the Committee on Armed Services, the Com-
mittee on Foreign Affairs, the Committee on Over-
sight and Government Reform, and the Committee 
on Appropriations of the House of Representatives’’. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(B) in clause (iii), by striking ‘‘and’’ after 
the semicolon at the end and inserting ‘‘or’’; 
and 
(C) by adding at the end the following new 
clause: 
‘‘(iv) exceeding $100,000,000, by the 
head of the executive agency; and’’. 
SEC. 103. CONTRACTOR CONSENT TO JURISDICTION FOR 
CERTAIN CIVIL ACTIONS UNDER CERTAIN 
CONTRACTS FOR WORK OVERSEAS. 
(a) CONSENT TO JURISDICTION.—The Federal Ac-
quisition Regulatory Council shall amend the Federal Ac-
quisition Regulation to require that any covered contract 
provides that— 
(1) the contractor consents to personal jurisdic-
tion over the contractor with respect to any covered 
civil action, including a covered civil action against 
one or more employees of the contractor for which 
the contractor may be liable under theories of vicari-
ous liability; 
(2) the contractor consents to personal jurisdic-
tion in the United States District Court for the Dis-
trict of Columbia for a covered civil action in 
which— 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(A) the events giving rise to the cause of 
action occurred outside the United States; and 
(B) personal jurisdiction cannot be estab-
lished in another Federal court; 
(3) consent to personal jurisdiction under para-
graph (2) shall not operate to deprive or terminate 
personal jurisdiction of the contractor in any court 
that otherwise has personal jurisdiction under an-
other provision of law or to limit any cause of action 
or remedy under any other provision of law; 
(4) if the covered contract was awarded to a 
contractor that does not maintain an office in the 
United States, the contractor shall designate an 
agent located in the United States for service of 
process in any covered civil action; 
(5) except as provided in paragraph (6), any 
covered civil action shall be analyzed in accordance 
with the laws of the United States; and 
(6) the substantive law of the State (including 
the District of Columbia) in which the covered civil 
action is brought shall be the law applicable to a 
covered civil action if— 
(A) the substantive law otherwise applica-
ble to the covered civil action would be the law 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
of the location where the events giving rise to 
the cause of action occurred; and 
(B) the location is designated as a haz-
ardous duty zone by the Secretary of Defense. 
(b) APPLICABILITY.—The amendment to the Federal 
Acquisition Regulation made under subsection (a) shall 
apply with respect to any covered contract that is entered 
into on or after the effective date of the amendment under 
subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘contractor’’, with respect to a 
covered contract, includes the contractor under the 
contract, any subcontractor under the contract, any 
subordinate contractor under the contract, any sub-
sidiary, parent company, or successor entity of the 
contractor formed to act as a successor in interest 
of the contractor, and any employee thereof per-
forming work under or in connection with the con-
tract. 
(2) The term ‘‘covered civil action’’ includes the 
following: 
(A) A civil action alleging a rape or sexual 
assault of or serious bodily injury to a member 
of the Armed Forces of the United States, a ci-
vilian employee of the United States, or an em-
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
ployee of a company performing work arising 
out of the performance of a covered contract for 
the United States who is a citizen or national 
of the United States. 
(B) A civil action alleging the wrongful 
death of a member of the Armed Forces of the 
United States, a civilian employee of the United 
States, or an employee of a company per-
forming work arising out of the performance of 
a covered contract for the United States who is 
a citizen or national of the United States 
brought by a family member of the deceased. 
(C) A civil action alleging breach of con-
tract or misrepresentation of a covered con-
tract. 
(3) The term ‘‘covered contract’’— 
(A) means a contract— 
(i) for work to be performed outside 
the United States that is awarded or en-
tered into by the United States (including 
any executive department, agency, or inde-
pendent establishment thereof); and 
(ii) with a value of not less than 
$1,000,000; and 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(B) includes any subcontract or subordi-
nate contract under a contract described in sub-
paragraph (A). 
(4) The term ‘‘rape’’ means conduct that would 
violate section 920(a) of title 10, United States Code 
(article 120(a) of the Uniform Code of Military Jus-
tice), if the conduct was committed by a person sub-
ject to chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice). 
(5) The term ‘‘serious bodily injury’’ has the 
meaning given that term in section 1365 of title 18, 
United States Code. 
(6) The term ‘‘sexual assault’’ means conduct 
that would violate section 920 (c), (h), or (m) of title 
10, United States Code (article 120 (c), (h), or (m) 
of the Uniform Code of Military Justice), if the con-
duct was committed by a person subject to chapter 
47 of title 10, United States Code (the Uniform 
Code of Military Justice). 
(7) The term ‘‘United States’’, in a geographic 
sense— 
(A) means the several States and the Dis-
trict of Columbia; and 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(B) does not include any military installa-
tion or facility located outside the area de-
scribed in subparagraph (A). 
SEC. 104. INFORMATION ON CORPORATE CONTRACTOR 
PERFORMANCE AND INTEGRITY THROUGH 
THE FEDERAL AWARDEE PERFORMANCE AND 
INTEGRITY INFORMATION SYSTEM. 
(a) INCLUSION OF CORPORATIONS AMONG COVERED 
PERSONS.—Subsection (b) of section 872 of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4555) is 
amended by inserting ‘‘(including a corporation)’’ after 
‘‘Any person’’ both places it appears. 
(b) INFORMATION ON CORPORATIONS.—Subsection 
(d) of such section is amended by adding at the end the 
following new paragraph: 
‘‘(3) INFORMATION
ON
CORPORATIONS.—The 
information on a corporation in the database shall, 
to the extent practicable, include information on any 
parent, subsidiary, or successor entities to the cor-
poration in manner designed to give the acquisition 
officials using the database a comprehensive under-
standing of the performance and integrity of the cor-
poration in carrying out Federal contracts and 
grants.’’. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 105. INCLUSION OF DATA ON CONTRACTOR PERFORM-
ANCE IN PAST PERFORMANCE DATABASES 
FOR EXECUTIVE AGENCY SOURCE SELEC-
TION DECISIONS. 
(a) STRATEGY REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Federal 
Acquisition Regulatory Council shall develop a strategy for 
ensuring that timely, accurate, and complete information 
on contractor performance is included in past performance 
databases used by executive agencies for making source 
selection decisions. 
(b) ELEMENTS.—The strategy required by subsection 
(a) shall, at a minimum— 
(1) establish standards for the timeliness and 
completeness of past performance submissions for 
purposes of databases described in subsection (a); 
(2) assign responsibility and management ac-
countability for the completeness of past perform-
ance submissions for such purposes; and 
(3) ensure that past performance submissions 
for such purposes are consistent with award fee eval-
uations in cases where such evaluations have been 
conducted. 
(c) CONTRACTOR COMMENTS.—Not later than 180 
days after the date of the enactment of this Act, the Fed-
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
eral Acquisition Regulatory Council shall revise the Fed-
eral Acquisition Regulation to require the following: 
(1) That affected contractors are provided, in a 
timely manner, information on contractor perform-
ance to be included in past performance databases 
in accordance with subsection (a). 
(2) That such contractors are afforded up to 14 
calendar days, from the date of delivery of the infor-
mation provided in accordance with paragraph (1), 
to submit comments, rebuttals, or additional infor-
mation pertaining to past performance for inclusion 
in such databases. 
(3) That agency evaluations of contractor past 
performance, including any information submitted 
under paragraph (2), are included in the relevant 
past performance database not later than the date 
that is 14 days after the date of delivery of the in-
formation provided in accordance with paragraph 
(1). 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed to prohibit a contractor from submitting com-
ments, rebuttals, or additional information pertaining to 
past performance after the period described in subsection 
(c)(2) has elapsed or to prohibit a contractor from chal-
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
lenging a past performance evaluation in accordance with 
applicable laws, regulations, or procedures. 
(e) EXECUTIVE AGENCY DEFINED.—In this section, 
the term ‘‘executive agency’’ has the meaning given that 
term in section 133 of title 41, United States Code, except 
that the term excludes the Department of Defense and 
the military departments. 
SEC. 106. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 
CAPITAL PROJECTS FUNDED BY THE DE-
PARTMENT 
OF 
DEFENSE 
FOR 
OVERSEAS 
CONTINGENCY OPERATIONS. 
(a) CERTIFICATION ON SUSTAINABILITY REQUIRED 
BEFORE COMMENCEMENT OF PROJECTS.— 
(1) IN GENERAL.—Commencing 60 days after 
the date of the enactment of this Act— 
(A) amounts authorized to be appropriated 
for the Department of Defense may not be obli-
gated or expended for a capital project de-
scribed in subsection (b) unless the Secretary of 
Defense, in consultation with the United States 
commander of military operations in the coun-
try in which the project will be carried out, cer-
tifies to the appropriate committees of Congress 
that the country has the capability (in both fi-
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
nancial and human resources) to effectively 
maintain and utilize the project; 
(B) amounts authorized to be appropriated 
for the Department of State may not be obli-
gated or expended for a capital project de-
scribed in subsection (b) unless the Secretary of 
State, in consultation with the Chief of Mission 
in the country in which the project will be car-
ried out, certifies to the appropriate committees 
of Congress that the country has the capability 
(in both financial and human resources) to ef-
fectively maintain and utilize the project; and 
(C) amounts authorized to be appropriated 
for the United States Agency for International 
Development may not be obligated or expended 
for a capital project described in subsection (b) 
unless the Administrator of the United States 
Agency for International Development, in con-
sultation with the Mission Director and the 
Chief of Mission in the country in which the 
project will be carried out, certifies to the ap-
propriate committees of Congress that the 
country has the capability (in both financial 
and human resources) to effectively maintain 
and utilize the project. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(2) CONSIDERATIONS.—In making a certifi-
cation under paragraph (1) with respect to a capital 
project, the Secretary of Defense, the Secretary of 
State, and the Administrator of the United States 
Agency for International Development shall take 
into account the status of the maintenance and utili-
zation of capital projects, if any, in the country in 
which the project is to be carried out that were pre-
viously financed or assisted by the United States. 
(b) CAPITAL PROJECTS.— 
(1) IN GENERAL.—A capital project described 
in this subsection is any capital project overseas for 
an overseas contingency operation that is for the 
benefit of the host country, is funded by the Depart-
ment of Defense, the Department of State, or the 
United States Agency for International Development 
using covered funds, and has an estimated value in 
excess of $1,000,000. 
(2) EXCLUSION.—A capital project described in 
this subsection does not include any project for mili-
tary construction (as that term is defined in section 
114(b) of title 10, United States Code) or a military 
family housing project under section 2821 of such 
title. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(c) TERMINATION OF UNSUSTAINABLE PROJECTS IN 
PROGRESS.— 
(1) IN GENERAL.—Effective 180 days after the 
date of the enactment of this Act, the Secretary of 
Defense, the Secretary of State, or the Adminis-
trator of the United States Agency for International 
Development, as applicable, shall terminate each 
capital project described in subsection (b) that is in 
progress, but not completed, as of the date of the 
enactment of this Act if the Secretary or Adminis-
trator, as applicable— 
(A) determines, in consultation with the 
United States commander of military operations 
in the country in which the project is being car-
ried out, that the country does not have the ca-
pability (in both financial and human resources) 
to effectively maintain and utilize the project; 
or 
(B) has not made any determination on 
the matters described in subparagraph (A) with 
respect to the project. 
(2) WAIVER.—The Secretary of Defense, the 
Secretary of State, or the Administrator of the 
United States Agency for International Develop-
ment, as applicable, may waive the requirement for 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
termination of a project under paragraph (1) if the 
Secretary or Administrator, as applicable, submits to 
the appropriate committees of Congress— 
(A) a written certification that the project 
is vital to a military or security objective of the 
United States; and 
(B) a plan of how the country will have the 
capability required under paragraph (1) by the 
time of the capital project’s completion. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘capital project’’ has the meaning 
given the term in section 308 of the Aid, Trade, and 
Competitiveness Act of 1992 (title III of Public Law 
102–549; 22 U.S.C. 2421e; 106 Stat. 3660). 
(2) The term ‘‘covered funds’’ means the fol-
lowing: 
(A) Amounts in the Afghanistan Infra-
structure Fund. 
(B) Amounts in the Afghanistan Security 
Forces Funds. 
(C) Amounts available for the Com-
manders’ Emergency Response Program. 
(D) Amounts available for the Iraq Relief 
and Reconstruction Fund. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
(E) Any other funds authorized to be ap-
propriated for the Department of Defense, the 
Department of State, or the United States 
Agency for International Development, as appli-
cable, that are made available for a capital 
project. 
SEC. 107. EXPANSION OF OVERSIGHT OFFICES IN DEPART-
MENT OF DEFENSE, THE DEPARTMENT OF 
STATE, AND THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT. 
(a) DEPARTMENT OF DEFENSE.— 
(1) ASSISTANT SECRETARY OF DEFENSE FOR 
CONTINGENCY
CONTRACTING.—Section 138(b) of 
title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(11) One of the Assistant Secretaries shall be the 
Assistant Secretary of Defense for Contingency Con-
tracting. The Assistant Secretary of Defense for Contin-
gency Contracting is the principal adviser to the Secretary 
of Defense and the Under Secretary of Defense for Acqui-
sition, Technology, and Logistics on matters relating to 
planning, funding, staffing, and managing contingency 
contracting of the Department of Defense.’’. 
(2) REQUIREMENT TO ESTABLISH OFFICE OF 
CONTINGENCY CONTRACTING.—The Secretary of De-
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS
fense shall rename and expand the Office of Pro-
gram Support in the Office of the Under Secretary 
of Defense for Acquisition, Technology, and Logis-
tics as the Office of Contingency Contracting. The 
Office of Contingency Contracting shall be headed 
by the Assistant Secretary of Defense for Contin-
gency Contracting and shall be responsible for plan-
ning, funding, staffing, and managing contingency 
contracting in the Department of Defense. 
(b) DEPARTMENT OF STATE.— 
(1) ASSISTANT SECRETARY OF STATE FOR CON-
TINGENCY CONTRACTING.— 
(A) IN GENERAL.—There shall be in the 
Department of State an Assistant Secretary of 
State for Contingency Contracting who shall be 
the principal adviser to the Secretary of State 
on matters relating to planning, funding, staff-
ing, and managing contingency contracting of 
the Department of State. 
(B) CONFORMING AMENDMENTS.—(i) Sec-
tion 1(c)(1) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2651a(c)(1)) 
is amended by striking ‘‘24’’ and inserting 
‘‘25’’. 
VerDate Mar 15 2010 
06:36 Aug 16, 2012
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6360.IH
H6360
rfrederick on DSK6VPTVN1PROD with BILLS