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 fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on Armed Services and Oversight and Gov-
ernment 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. 
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 ‘‘Contingency Operation 
and Emergency Oversight Act of 2011’’. 
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SEC. 2. SPECIAL INSPECTOR GENERAL FOR OVERSEAS 
CONTINGENCY OPERATIONS. 
(a) PURPOSES.—The purposes of this section are as 
follows: 
(1) To provide for the independent and objec-
tive conduct and supervision of audits and investiga-
tions relating to the programs and operations funded 
with amounts appropriated or otherwise made avail-
able for overseas contingency operations. 
(2) To provide for the independent and objec-
tive leadership and coordination of, and rec-
ommendations on, policies designed to— 
(A) promote economy, efficiency, and effec-
tiveness in the administration of the programs 
and operations described in paragraph (1); and 
(B) prevent and detect waste, fraud, and 
abuse in such programs and operations. 
(3) To provide for an independent and objective 
means of keeping the Secretary of State, the Sec-
retary of Defense, and the Administrator of the 
United States Agency for International Development 
fully and currently informed about problems and de-
ficiencies relating to the administration of such pro-
grams and operations and the necessity for and 
progress on corrective action. 
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(b) OFFICE
OF INSPECTOR GENERAL.—There is 
hereby established the Office of the Special Inspector Gen-
eral for Overseas Contingency Operations to carry out the 
purposes of subsection (a). 
(c) APPOINTMENT
OF INSPECTOR GENERAL; RE-
MOVAL.— 
(1) APPOINTMENT.—The head of the Office of 
the Special Inspector General for Overseas Contin-
gency Operations is the Special Inspector General 
for Overseas Contingency Operations, who shall be 
appointed by the President, by and with the advice 
and consent of the Senate. 
(2) QUALIFICATIONS.—The appointment of the 
Special Inspector General shall be made without re-
gard to political affiliation and solely on the basis of 
integrity and demonstrated ability in accounting, au-
diting, financial analysis, law, management analysis, 
public administration, or investigations. 
(3) DEADLINE FOR NOMINATION.—The nomi-
nation of an individual as Special Inspector General 
shall be made not later than 30 days after the date 
of the enactment of this Act. 
(4) COMPENSATION.—The annual rate of basic 
pay of the Special Inspector General shall be the an-
nual rate of basic pay provided for an Inspector 
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General under section 3(e) of the Inspector General 
Act of 1978 (5 U.S.C. App.). 
(5) PROHIBITION ON POLITICAL ACTIVITIES.— 
For purposes of section 7324 of title 5, United 
States Code, the Special Inspector General shall not 
be considered an employee who determines policies 
to be pursued by the United States in the nation-
wide administration of Federal law. 
(6) REMOVAL.—The Special Inspector General 
shall be removable from office in accordance with 
the provisions of section 3(b) of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.). 
(d) ASSISTANT INSPECTORS GENERAL.—The Special 
Inspector General shall, in accordance with applicable laws 
and regulations governing the civil service— 
(1) appoint an Assistant Special Inspector Gen-
eral for Auditing who shall have the responsibility 
for supervising the performance of auditing activities 
relating to programs and operations supported by 
amounts appropriated or otherwise made available 
for overseas contingency operations; and 
(2) appoint an Assistant Special Inspector Gen-
eral for Investigations who shall have the responsi-
bility for supervising the performance of investiga-
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tive activities relating to such programs and oper-
ations. 
(e) SUPERVISION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Special Inspector General shall report 
directly to, and be under the general supervision of, 
the Secretary of State and the Secretary of Defense. 
(2) INDEPENDENCE TO CONDUCT INVESTIGA-
TIONS AND AUDITS.—An officer of the Department 
of Defense or the Department of State may not pre-
vent or prohibit the Special Inspector General from 
initiating, carrying out, or completing any audit or 
investigation related to amounts appropriated or 
otherwise made available for overseas contingency 
operations or from issuing any subpoena during the 
course of any such audit or investigation. 
(f) DUTIES.— 
(1) OVERSIGHT
OF
OVERSEAS
CONTINGENCY 
OPERATIONS.—It shall be the duty of the Special In-
spector General to conduct, supervise, and coordi-
nate audits and investigations of the treatment, han-
dling, and expenditure of amounts appropriated or 
otherwise made available for overseas contingency 
operations, and of the programs, operations, and 
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contracts carried out utilizing such funds, including 
the following: 
(A) The oversight and accounting of the 
obligation and expenditure of such funds. 
(B) The monitoring and review of overseas 
contingency operation activities funded by such 
funds. 
(C) The monitoring and review of con-
tracts funded by such funds. 
(D) The monitoring and review of the 
transfer of such funds and associated informa-
tion between and among departments, agencies, 
and entities of the United States and private 
and nongovernmental entities. 
(E) The maintenance of records on the use 
of such funds to facilitate future audits and in-
vestigations of the use of such funds. 
(F) The investigation of overpayments 
such as duplicate payments or duplicate billing 
and any potential unethical or illegal actions of 
Federal employees, contractors, or affiliated en-
tities and the referral of such reports, as nec-
essary, to the Department of Justice to ensure 
further investigations, prosecutions, recovery of 
further funds, or other remedies. 
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(2) OTHER DUTIES RELATED TO OVERSIGHT.— 
The Special Inspector General shall establish, main-
tain, and oversee such systems, procedures, and con-
trols as the Special Inspector General considers ap-
propriate to discharge the duties under paragraph 
(1). 
(3) OVERSIGHT
IN
RESPONSE
TO
EMER-
GENCIES, DESTABILIZATION, ARMED CONFLICT OR 
OTHER CIRCUMSTANCES.— 
(A) AUDIT AND INVESTIGATIVE AUTHOR-
ITY.—The Special Inspector General shall, in 
addition to the other responsibilities and au-
thorities of the Special Inspector General under 
this section, conduct, supervise, and coordinate 
audits and investigations of the treatment, han-
dling, and expenditure of amounts appropriated 
or otherwise made available for the activities 
described in subparagraph (B), and of the pro-
grams, operations, and contracts carried out 
utilizing such funds (including the oversight 
and accounting of the obligation and expendi-
ture of such funds). 
(B) ACTIVITIES DESCRIBED.—The activi-
ties described in this paragraph are activities 
funded or undertaken, outside of the United 
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States, by the Department of Defense and ei-
ther the Department of State or the United 
States Agency for International Development— 
(i) to build or rebuild physical infra-
structure; 
(ii) to establish, reestablish, strength-
en, or otherwise provide for a political, se-
curity, or societal institution; 
(iii) to provide products or services to 
the people of a foreign country; 
(iv) in response to emergencies, desta-
bilization, armed conflict, or circumstances 
otherwise necessitating stabilization or re-
construction operations; or 
(v) where a rapid response by the 
United States is required or anticipated to 
be required. 
(4) DUTIES
AND
RESPONSIBILITIES
UNDER 
THE INSPECTOR GENERAL ACT OF 1978.—In addition 
to the duties specified in paragraphs (1), (2), and 
(3) the Special Inspector General shall also have the 
duties and responsibilities of inspectors general 
under the Inspector General Act of 1978. 
(5) COORDINATION OF EFFORTS.—In carrying 
out the duties, responsibilities, and authorities of the 
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Special Inspector General under this section, the 
Special Inspector General shall coordinate with, and 
receive the cooperation of each of the following: 
(A) The Inspector General of the Depart-
ment of Defense. 
(B) The Inspector General of the Depart-
ment of State. 
(C) The Inspector General of the United 
States Agency for International Development. 
(g) POWERS AND AUTHORITIES.— 
(1) AUTHORITIES UNDER THE INSPECTOR GEN-
ERAL ACT OF 1978.—In carrying out the duties spec-
ified in subsection (f), the Special Inspector General 
shall have the authorities provided in section 6 of 
the Inspector General Act of 1978. 
(2) AUDIT STANDARDS.—The Special Inspector 
General shall carry out the duties specified in sub-
section (f)(1) in accordance with section 4(b)(1) of 
the Inspector General Act of 1978. 
(h) PERSONNEL, FACILITIES, AND
OTHER
RE-
SOURCES.— 
(1) PERSONNEL.— 
(A) IN GENERAL.—The Special Inspector 
General may select, appoint, and employ such 
officers and employees as may be necessary for 
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carrying out the duties of the Special Inspector 
General, subject to the provisions of title 5, 
United States Code, governing appointments in 
the competitive service, and the provisions of 
chapter 51 and subchapter III of chapter 53 of 
such title, relating to classification and General 
Schedule pay rates. The Special Inspector Gen-
eral shall reduce the number of officers and em-
ployees after the conclusion of a contingency 
operation if the Special Inspector General de-
termines such officers and employees are no 
longer necessary for carrying out the duties of 
the Special Inspector General. 
(B) ADDITIONAL
PERSONNEL
AUTHOR-
ITY.— 
(i) IN
GENERAL.—Subject to clause 
(ii), the Special Inspector General may ex-
ercise the authorities of subsections (b) 
through (i) of section 3161 of title 5, 
United States Code (to the same extent 
and in the same manner as an organiza-
tion described under subsection (a) of that 
section). 
(ii) PERIODS
OF
APPOINTMENT.—In 
exercising 
the 
employment 
authorities 
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under subsection (b) of section 3161 of 
title 5, United States Code, as provided 
under clause (i) of this subparagraph, 
paragraph (2) of such subsection (b) (re-
lating to periods of appointments) shall not 
apply. 
(2) REEMPLOYMENT AUTHORITIES.—The provi-
sions of section 9902(g) of title 5, United States 
Code, shall apply with respect to the Office of the 
Special Inspector General for Overseas Contingency 
Operations. For purposes of the preceding sentence, 
such provisions shall be applied— 
(A) by substituting ‘‘the Office of the Spe-
cial Inspector General for Overseas Contingency 
Operations’’ for ‘‘the Department of Defense’’ 
each place it appears; 
(B) by substituting ‘‘Contingency Oper-
ation and Emergency Oversight Act of 2011’’ 
for ‘‘the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136)’’ in 
paragraph (2)(A) thereof; and 
(C) by substituting ‘‘the Special Inspector 
General for Overseas Contingency Operations’’ 
for ‘‘the Secretary’’ in paragraph (4) thereof. 
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(3) EMPLOYMENT OF EXPERTS AND CONSULT-
ANTS.—The Special Inspector General may obtain 
services as authorized by section 3109 of title 5, 
United States Code, at daily rates not to exceed the 
equivalent rate prescribed for grade GS–15 of the 
General Schedule by section 5332 of such title. 
(4) CONTRACTING AUTHORITY.—To the extent 
and in such amounts as may be provided in advance 
by appropriations Acts, the Special Inspector Gen-
eral may enter into contracts and other arrange-
ments for audits, studies, analyses, and other serv-
ices with public agencies and with private persons, 
and make such payments as may be necessary to 
carry out the duties of the Special Inspector Gen-
eral. 
(5) RESOURCES.—The Secretary of State, the 
Secretary of Defense, or the Administrator of the 
United States Agency for International Develop-
ment, as appropriate, shall provide the Special In-
spector General with appropriate and adequate office 
space at appropriate locations of the Department of 
State, the Department of Defense, or the United 
States Agency for International Development, as the 
case may be, together with such equipment, office 
supplies, and communications facilities and services 
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as may be necessary for the operation of such of-
fices, and shall provide necessary maintenance serv-
ices for such offices and the equipment and facilities 
located therein. 
(6) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) IN
GENERAL.—Upon request of the 
Special Inspector General for information or as-
sistance from any department, agency, or other 
entity of the Federal Government, the head of 
such entity shall, insofar as is practicable and 
not in contravention of any existing law, furnish 
such information or assistance to the Special 
Inspector General. 
(B) REPORTING
OF
REFUSED
ASSIST-
ANCE.—Whenever information or assistance re-
quested by the Special Inspector General is, in 
the judgment of the Special Inspector General, 
unreasonably refused or not provided, the Spe-
cial Inspector General shall report the cir-
cumstances to the Secretary of State, the Sec-
retary of Defense, or the Administrator of the 
United States Agency for International Devel-
opment, as appropriate, and to the appropriate 
congressional committees without delay. 
(i) REPORTS.— 
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(1) QUARTERLY
REPORTS
DURING
OVERSEAS 
CONTINGENCY OPERATIONS.—During overseas con-
tingency operations, not later than 30 days after the 
end of each fiscal-year quarter, the Special Inspector 
General shall submit to the appropriate congres-
sional committees a report summarizing, for the pe-
riod of that quarter and, to the extent possible, the 
period from the end of such quarter to the time of 
the submission of the report, the activities during 
such period of the Special Inspector General and the 
activities under programs and operations funded 
with amounts appropriated or otherwise made avail-
able for the relevant overseas contingency operation. 
Each report shall include, for the period covered by 
such report, a detailed statement of all obligations, 
expenditures, and revenues associated with the rel-
evant overseas contingency operation, including the 
following: 
(A) Obligations and expenditures of appro-
priated funds. 
(B) A project-by-project and program-by- 
program accounting of the costs incurred to 
date for overseas contingency operations, to-
gether with the estimate of the Department of 
Defense, the Department of State, and the 
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United States Agency for International Devel-
opment, as applicable, of the costs to complete 
each project and each program. 
(C) Revenues attributable to or consisting 
of funds provided by foreign nations or inter-
national organizations to programs and projects 
funded by any department or agency of the 
United States Government, and any obligations 
or expenditures of such revenues. 
(D) Revenues attributable to or consisting 
of foreign assets seized or frozen that con-
tribute to programs and projects funded by any 
department or agency of the United States Gov-
ernment, and any obligations or expenditures of 
such revenues. 
(E) Operating expenses of agencies or enti-
ties receiving amounts appropriated or other-
wise made available for contingency contracting. 
(F) In the case of any contract, grant, 
agreement, or other funding mechanism de-
scribed in paragraph (3)— 
(i) the amount of the contract, grant, 
agreement, or other funding mechanism; 
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