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of the Defense Agencies, and the commanders of the 
combatant commands, determining the operational 
contract support requirements of the armed forces and 
recommending the resources required to improve and 
enhance operational contract support for the armed 
forces and planning for such operational contract 
support.’’. 
(c) JOINT PROFESSIONAL MILITARY EDUCATION.— 
(1) CONTINGENCY
OPERATIONS
AS
MATTER 
WITHIN COURSE OF JPME.—Section 2151(a) of such 
title is amended by adding at the end the following 
new paragraph: 
‘‘(6) Contingency operations.’’. 
(2) 
CURRICULUM
FOR
THREE-PHASE
AP-
PROACH.—Section 2154 of such title is amended by 
adding at the end the following new subsection: 
‘‘(c) CURRICULUM RELATING TO CONTINGENCY OPER-
ATIONS.—(1) The curriculum for each phase of joint profes-
sional military education implemented under this section 
shall include content appropriate for such phase on the fol-
lowing: 
‘‘(A) Requirements definition. 
‘‘(B) Contingency program management. 
‘‘(C) Contingency contracting. 
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‘‘(D) The strategic impact of contracting on 
military missions. 
‘‘(2) In this subsection, the terms ‘requirements defini-
tion’, ‘contingency program management’, and ‘contingency 
contracting’ have the meaning given those terms in section 
2333(f) of this title.’’. 
(d) MANAGEMENT STRUCTURE.—Section 2330(c)(2) of 
such title is amended by striking ‘‘other than services’’ and 
all that follows and inserting ‘‘including services in support 
of contingency operations. The term does not include serv-
ices relating to research and development or military con-
struction.’’. 
SEC. 864. RISK ASSESSMENT AND MITIGATION FOR CON-
TRACTOR PERFORMANCE OF CRITICAL FUNC-
TIONS IN SUPPORT OF OVERSEAS CONTIN-
GENCY OPERATIONS. 
(a) COMPREHENSIVE RISK ASSESSMENT AND MITIGA-
TION PLAN REQUIRED.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3), not later than six months after the commence-
ment or designation of an overseas contingency oper-
ation that includes or is expected to include combat 
operations, the head of each covered agency shall per-
form a comprehensive risk assessment and develop a 
risk mitigation plan for operational and political 
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risks associated with contractor performance of crit-
ical functions in support of the operation for such 
covered agency. 
(2) EXCEPTIONS.—Except as provided in para-
graph (3), a risk assessment and risk mitigation plan 
shall not be required under paragraph (1) for an 
overseas contingency operation if both— 
(A) the operation is not expected to con-
tinue for more than one year; and 
(B) the total annual amount of obligations 
by the United States Government for contracts 
for support of or in connection with the oper-
ation is not expected to exceed, $250,000,000 in 
any fiscal year. 
(3) TERMINATION
OF
EXCEPTIONS.—Notwith-
standing paragraph (2), the head of a covered agency 
shall perform a risk assessment and develop a risk 
mitigation plan under paragraph (1) for an overseas 
contingency operation with regard to which a risk as-
sessment and risk mitigation plan has not previously 
been performed under paragraph (1) not later than 
60 days after the first date on which either of the fol-
lowing occurs: 
(A) The operation has continued for more 
than one year. 
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(B) The total amount of obligations by the 
United States Government for contracts for sup-
port of or in connection with the operation has 
exceeded $250,000,000 in a fiscal year. 
(b) COMPREHENSIVE RISK ASSESSMENTS.—A com-
prehensive risk assessment for an overseas contingency oper-
ation under subsection (a) shall consider, at a minimum, 
risks relating to the following: 
(1) The goals and objectives of the operation 
(such as risks from behavior that injures innocent 
members of the local population or outrages their sen-
sibilities). 
(2) The continuity of the operation (such as risks 
from contractors walking off the job or being unable 
to perform when there is no timely back-up avail-
able). 
(3) The safety of military and civilian personnel 
of the United States if the presence or performance of 
contractor personnel creates unsafe conditions or in-
vites attack. 
(4) The managerial control of the Government 
over the operation (such as risks from over-reliance on 
contractors to monitor other contractors with inad-
equate means for Government personnel to monitor 
their work). 
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(5) The critical organic or core capabilities of 
the Government, including critical knowledge or insti-
tutional memory of key operations areas and subject- 
matter expertise. 
(6) The ability of the Government to control 
costs, avoid organizational or personal conflicts of in-
terest, and minimize waste, fraud, and abuse. 
(c) RISK MITIGATION PLANS.—A risk mitigation plan 
for an overseas contingency operation under subsection (a) 
shall include, at a minimum, the following: 
(1) For each high risk area identified in the 
comprehensive risk assessment for the operation per-
formed under subsection (a)— 
(A) specific actions to mitigate or reduce 
such risk, including, but not limited to, the de-
velopment of alternative capabilities to reduce 
reliance on contractor performance of critical 
functions; 
(B) measurable milestones for the imple-
mentation of planned risk mitigation or risk re-
duction measures; and 
(C) a process for monitoring, measuring, 
and documenting progress in mitigating or re-
ducing risk. 
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(2) A continuing process for identifying and ad-
dressing new and changed risks arising in the course 
of the operation, including the periodic reassessment 
of risks and the development of appropriate risk miti-
gation or reduction plans for any new or changed 
high risk area identified. 
(d) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than 30 days after 
the completion of a comprehensive risk assessment 
and risk mitigation plan under subsection (a), the 
head of the covered agency concerned shall submit to 
the appropriate committees of Congress a report set-
ting forth a summary description of the assessment 
and plan, including a description of the risks identi-
fied through the assessment and the actions to be 
taken to address such risks. 
(2) FORM.—Each report shall be submitted in 
unclassified form, but may include a classified annex. 
(e) CRITICAL FUNCTIONS.—For purposes of this sec-
tion, critical functions include, at a minimum, the fol-
lowing: 
(1) Private security functions, as that term is 
defined in section 864(a)(5) of the National Defense 
Authorization Act for Fiscal Year 2008 (10 U.S.C. 
2302 note). 
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(2) Training and advising government per-
sonnel, including military and security personnel, of 
a host nation. 
(3) Conducting intelligence or information oper-
ations. 
(4) Any other functions that are closely associ-
ated with inherently governmental functions, includ-
ing the functions set forth in section 7.503(d) of the 
Federal Acquisition Regulation. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on Appropriations of 
the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Oversight and Government Reform, and the 
Committee on Appropriations of the House of 
Representatives. 
(2) The term ‘‘covered agency’’ means the fol-
lowing: 
(A) The Department of Defense. 
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(B) The Department of State. 
(C) The United States Agency for Inter-
national Development. 
(3) The term ‘‘overseas contingency operation’’ 
means a military operation outside the United States 
and its territories and possessions that is a contin-
gency operation (as that term is defined in section 
101(a)(13) of title 10, United States Code). 
SEC. 865. EXTENSION AND MODIFICATION OF REPORTS ON 
CONTRACTING IN IRAQ AND AFGHANISTAN. 
(a) TWO-YEAR EXTENSION
OF REQUIREMENT
FOR 
JOINT REPORT.—Subsection (a)(5) of section 863 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 (10 
U.S.C. 2302 note) is amended by striking ‘‘February 1, 
2013’’ and inserting ‘‘February 1, 2015’’. 
(b) REPEAL OF COMPTROLLER GENERAL REVIEW.— 
Such section is further amended by striking subsection (b). 
(c) CONFORMING AMENDMENTS.— 
(1) IN
GENERAL.—Such section is further 
amended— 
(A) by striking ‘‘JOINT
REPORT
RE-
QUIRED.—’’ and all that follows through ‘‘para-
graph (6)’’ and inserting ‘‘IN GENERAL.—Except 
as provided in subsection (f)’’; 
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(B) by striking ‘‘this subsection’’ each place 
it appears and inserting ‘‘this section’’; 
(C) 
by 
redesignating 
paragraphs 
(2) 
through (7) as subsections (b) through (g), re-
spectively, and indenting the left margins of such 
subsections, as so redesignated, two ems from the 
left margin; 
(D) in subsection (b), as redesignated by 
subparagraph (C) of this paragraph, by redesig-
nating subparagraphs (A) through (H) as para-
graphs (1) through (8), respectively, and indent-
ing the left margin of such paragraphs, as so re-
designated, four ems from the left margin; 
(E) in subsection (c), as redesignated by 
subparagraph (C) of this paragraph— 
(i) by redesignating subparagraphs (A) 
through (C) as paragraphs (1) through (3), 
respectively, and indenting the left margin 
of such paragraphs, as so redesignated, four 
ems from the left margin; and 
(ii) by striking ‘‘paragraph (2)’’ each 
place it appears and inserting ‘‘subsection 
(b)’’; 
(F) in subsection (f), as redesignated by 
subparagraph (C) of this paragraph, by striking 
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‘‘this paragraph’’ and inserting ‘‘this sub-
section’’; and 
(G) in subsection (g), as so redesignated, by 
striking ‘‘paragraph (2)(F)’’ and inserting ‘‘sub-
section (b)(6)’’. 
(2) HEADING AMENDMENT.—The heading of such 
section is amended by striking ‘‘AND
COMP-
TROLLER GENERAL REVIEW’’. 
SEC. 866. EXTENSION OF TEMPORARY AUTHORITY TO AC-
QUIRE PRODUCTS AND SERVICES IN COUN-
TRIES ALONG A MAJOR ROUTE OF SUPPLY TO 
AFGHANISTAN. 
(a) EXTENSION.—Subsection (f) of section 801 of the 
National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2399) is amended by strik-
ing ‘‘on or after the date occurring three years after the 
date of the enactment of this Act’’ and inserting ‘‘after De-
cember 31, 2014’’. 
(b) REPEAL
OF
EXPIRED
REPORTING
REQUIRE-
MENT.—Subsection (g) of such section is repealed. 
(c) CLERICAL AMENDMENT.—The heading of such sec-
tion is amended by striking ‘‘; REPORT’’. 
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SEC. 867. COMPLIANCE WITH BERRY AMENDMENT RE-
QUIRED FOR UNIFORM COMPONENTS SUP-
PLIED TO AFGHANISTAN MILITARY OR AF-
GHANISTAN NATIONAL POLICE. 
(a) REQUIREMENT.—In the case of any textile compo-
nents supplied by the Department of Defense to the Afghani-
stan National Army or the Afghanistan National Police for 
purposes of production of uniforms, section 2533a of title 
10, United States Code, shall apply, and no exceptions or 
exemptions under that section shall apply. 
(b) EFFECTIVE DATE.—This section shall apply to so-
licitations issued and contracts awarded for the procure-
ment of textile components described in subsection (a) after 
the date of the enactment of this Act. 
SEC. 868. SENSE OF SENATE ON THE CONTRIBUTIONS OF 
LATVIA AND OTHER NORTH ATLANTIC TREA-
TY ORGANIZATION MEMBER NATIONS TO THE 
SUCCESS OF THE NORTHERN DISTRIBUTION 
NETWORK. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) The remote and austere environments in 
which United States troops are required to operate as 
part of the International Security Assistance Force 
(ISAF) mission in Afghanistan have increased the 
need for reliable lines of supply in southwest Asia. 
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(2) The country of Afghanistan presents unique 
logistics challenges, which have precipitated the devel-
opment of several redundant lines of supply. 
(3) United States Transportation Command and 
the Defense Logistics Agency (DLA), in consultation 
with United States Embassy officials and other par-
ties, have successfully established memoranda of un-
derstanding and other agreements with nations in 
and around southwest Asia to ensure the reliability of 
lines of supply to Afghanistan. 
(4) The lines of supply through Pakistan have 
been repeatedly threatened by instability in that 
country. Airlifting goods to Afghanistan, while safer, 
is expensive. 
(5) The Northern Distribution Network (NDN) 
was established in late 2008 to ensure that a safe and 
cost-effective line of supply is available for United 
States troops in Afghanistan. 
(6) The two prongs of supply provided by the 
Northern Distribution Network ship nonlethal goods 
from the Baltic ports in the north and the Caucauses 
in the west to southwest Asia and Afghanistan. 
(7) The Northern Distribution Network has been 
successful and now handles more than 50 percent of 
cargo shipped to Afghanistan. 
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(8) North Atlantic Treaty Organization (NATO) 
member nations along the Northern Distribution Net-
work routes have contributed significantly to the suc-
cess of the Northern Distribution Network. 
(9) The United States has strong economic ties 
to Northern Distribution Network nations that are 
members of the North Atlantic Treaty Organization, 
and these nations may be able to provide quality 
goods and services for near and long-term use by the 
Department of Defense. 
(10) Since 2009 the port of Riga, on the Baltic 
Sea, has been a critical overland entry point for goods 
being shipped using the Northern Distribution Net-
work. Latvia is a member of the North Atlantic Trea-
ty Organization and has been an ally of the United 
States in the region for many years. 
(11) In September 2010, the Defense Logistics 
Agency, the General Services Administration, and 
other parties hosted a local procurement conference in 
Riga, Latvia. 
(12) One hundred nine Latvian vendors attended 
the September 2010 conference in Riga, and contracts 
with Latvian vendors have been entered into as a re-
sult. 
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(13) In May 2012, Latvia hosted an inter-
national workshop in Riga to examine ways of trans-
forming the Northern Distribution Network from a 
route for the delivery of United States and other Al-
lies’ non-lethal goods to Afghanistan into a commer-
cial route that would support the economic growth of 
Afghanistan and the southwest Asia region. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) Latvia and other North Atlantic Treaty Or-
ganization member nations along the Northern Dis-
tribution Network routes are key economic and secu-
rity partners of the United States and are to be com-
mended for their contribution to ensuring United 
States and International Security Assistance Force 
troops have reliable lines of supply to achieve the mis-
sion in Afghanistan; 
(2) when quality products at competitive prices 
are available, significant effort should be made to pro-
cure goods locally from Latvia and other North Atlan-
tic Treaty Organization member nations along the 
Northern Distribution Network routes; and 
(3) Latvia and other North Atlantic Treaty Or-
ganization member nations along the Northern Dis-
tribution Network routes remain allies of the United 
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States in the region, and a mutually beneficial rela-
tionship should continue to be cultivated between the 
United States and Latvia and such other nations in 
the future. 
SEC. 869. RESPONSIBILITIES OF INSPECTORS GENERAL 
FOR OVERSEAS CONTINGENCY OPERATIONS. 
(a) IN GENERAL.—The Inspector General Act of 1978 
(5 U.S.C. App.) is amended— 
(1) by redesignating section 8L as section 8M; 
and 
(2) by inserting after section 8K the following 
new section 8L: 
‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS 
CONTINGENCY OPERATIONS. 
‘‘(a) IN GENERAL.—Upon the commencement or des-
ignation of a military operation as an overseas contingency 
operation that exceeds 90 days, the Inspectors General spec-
ified in subsection (b) shall have the responsibilities speci-
fied in this section. 
‘‘(b) INSPECTORS GENERAL.—The Inspectors General 
specified in this subsection are the Inspectors General as 
follows: 
‘‘(1) The Inspector General of the Department of 
Defense. 
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‘‘(2) The Inspector General of the Department of 
State. 
‘‘(3) The Inspector General of the United States 
Agency for International Development. 
‘‘(c) STANDING COMMITTEE ON OVERSEAS CONTIN-
GENCY OPERATIONS.—(1) The Council of Inspectors Gen-
eral on Integrity and Efficiency (CIGIE) shall establish a 
standing committee on overseas contingency operations. The 
standing committee shall consist of the following: 
‘‘(A) A chair, who shall be the Lead Inspector 
General for an overseas contingency operation under 
subsection (d) if such an operation is underway, and 
shall be an Inspector General specified in subsection 
(b) selected by the Inspectors General specified in that 
subsection from among themselves if such an oper-
ation is not underway. 
‘‘(B) The other Inspectors General specified in 
subsection (b). 
‘‘(C) For the duration of any contingency oper-
ation that exceeds 90 days, any other inspectors gen-
eral determined by the chair, in coordination with the 
other Inspectors General specified in subsection (b), to 
have actual or potential areas of responsibility with 
respect to the contingency operation. 
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shall act in a coordinating role to assist the Lead In-
spector General in the discharge of responsibilities 
under this subsection. 
‘‘(C)(i) If none of the Inspectors General speci-
fied in subsection (b) has principal jurisdiction over 
a matter with respect to the contingency operation, to 
exercise responsibility for discharging oversight re-
sponsibilities in accordance with this Act with respect 
to such matter. 
‘‘(ii) If more than one of the Inspectors General 
specified in subsection (b) has jurisdiction over a 
matter with respect to the contingency operation, to 
determine principal jurisdiction for discharging over-
sight responsibilities in accordance with this Act with 
respect to such matter. 
‘‘(D) To carry out such other responsibilities re-
lating to the coordination and efficient and effective 
discharge by the Inspectors General specified in sub-
section (b) of duties relating to the contingency oper-
ation as the Lead Inspector General shall specify. 
‘‘(2) The Lead Inspector General for an overseas con-
tingency operation shall discharge the responsibilities for 
the contingency operation under this subsection in a man-
ner consistent with the authorities and requirements of this 
Act generally and the authorities and requirements applica-
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‘‘(A) Obligations and expenditures of appro-
priated funds. 
‘‘(B) A project-by-project and program-by-pro-
gram accounting of the costs incurred to date for the 
contingency operation, together with the estimate of 
the Department of Defense, the Department of State, 
and the United States Agency for International De-
velopment, as applicable, of the costs to complete each 
project and program above the simplified acquisition 
threshold. 
‘‘(C) Revenues attributable to or consisting of 
funds provided by foreign nations or international or-
ganizations to programs and projects for the contin-
gency operation that are funded by any department 
or agency of the United States Government, and any 
obligations or expenditures of such revenues. 
‘‘(D) Revenues attributable to or consisting of 
foreign assets seized or frozen that contribute to pro-
grams and projects for the contingency operation that 
are funded by any department or agency of the 
United States Government, and any obligations or ex-
penditures of such revenues. 
‘‘(E) Operating expenses of agencies or entities 
receiving amounts appropriated or otherwise made 
available for the contingency operation. 
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States Government that involves the use of amounts appro-
priated or otherwise made available for reconstruction and 
other related activities in the contingency operation con-
cerned with any public or private sector entity, including 
any of the following purposes: 
‘‘(A) To build or rebuild physical infrastructure. 
‘‘(B) To establish or reestablish a political or so-
cietal function or institution. 
‘‘(C) To provide products or services. 
‘‘(4) Each report under this subsection shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
‘‘(g) TEMPORARY
EMPLOYMENT
AUTHORITY.—(1) 
Each Inspector General specified in subsection (b) may em-
ploy, on a temporary basis using the authorities in section 
3161 of title 5, United States Code (but without regard to 
subsections (a) and (b)(2) of such section), such auditors, 
inspectors, investigators, and other personnel as such In-
spector General considers appropriate for purposes of assist-
ing such Inspector General in discharging responsibilities 
under subsection (e) with respect to an overseas contingency 
operation. 
‘‘(2) The employment under this subsection of an an-
nuitant described in section 9902(g) of title 5, United States 
Code, shall be governed by the provisions of such section 
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as if the position to which employed was a position in the 
Department of Defense. 
‘‘(3) The employment under this subsection of an an-
nuitant receiving an annuity under the Foreign Service Re-
tirement and Disability System under chapter 8 of the For-
eign Service Act of 1980 (22 U.S.C. 4041 et seq.) shall be 
treated as employment in an elective position in the Gov-
ernment on a temporary basis under section 824(b) of the 
Foreign Service Act of 1980 (22 U.S.C. 4064(b)) for which 
continued receipt of annuities may be elected as provided 
in such section. 
‘‘(4) The authority to employ personnel under this sub-
section for a contingency operation shall cease as provided 
for in subsection (h). 
‘‘(h) SUNSET FOR PARTICULAR CONTINGENCY OPER-
ATIONS.—The requirements and authorities of this section 
with respect to an overseas contingency operation shall 
cease at the earlier of— 
‘‘(1) the end of the first fiscal year after the com-
mencement or designation of the contingency oper-
ation in which the total amount appropriated for the 
contingency operation is less than $250,000,000 (in 
constant fiscal year 2012 dollars); or 
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‘‘(2) the date that is 18 months after the date of 
the issuance by the Secretary of Defense of an order 
terminating the contingency operation. 
‘‘(i) CONSTRUCTION OF AUTHORITY.—Nothing in this 
Act shall be construed to limit the ability of the Inspectors 
General specified in subsection (b) to enter into agreements 
to conduct joint audits, inspections, or investigations in the 
exercise of their oversight responsibilities in accordance 
with this Act with respect to overseas contingency oper-
ations. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The term ‘overseas contingency operation’ 
means a military operation outside the United States 
and its territories and possessions that is a contin-
gency operation (as that term is defined in section 
101(a)(13) of title 10, United States Code). 
‘‘(2) The term ‘simplified acquisition threshold’ 
has the meaning provided that term in section 
2302(7) of title 10, United States Code.’’. 
(b) CONFORMING AMENDMENT RELATING
TO TEM-
PORARY EMPLOYMENT AUTHORITY.—Section 3161 of title 
5, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(j) LEAD INSPECTORS GENERAL FOR OVERSEAS CON-
TINGENCY OPERATIONS AS TEMPORARY ORGANIZATION.— 
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In addition to the meaning given that term in subsection 
(a), the term ‘temporary organization’ for purposes of this 
subchapter shall, without regard to subsections (a) and 
(b)(2) of this section, also include the Lead Inspector Gen-
eral for an overseas contingency operation under section 8L 
of the Inspector General Act of 1978 and the Inspectors Gen-
eral and inspector general office personnel assisting the 
Lead Inspector General in the discharge of responsibilities 
and authorities under subsection (e) of such section 8L with 
respect to the contingency operation.’’. 
SEC. 870. AGENCY REPORTS AND INSPECTOR GENERAL AU-
DITS OF CERTAIN INFORMATION ON OVER-
SEAS CONTINGENCY OPERATIONS. 
(a) AGENCY REPORTS.—Not later than 180 days after 
the commencement or designation of a military operation 
as an overseas contingency operation and semi-annually 
thereafter during the duration of the contingency operation, 
the Secretary of Defense, the Secretary of State, and the 
Administrator of the United States Agency for Inter-
national Development shall each make available to the In-
spector General of the department or agency concerned the 
information required by subsection (f)(2) of section 8L of 
the Inspector General Act of 1978 (as amended by section 
869 of this Act) on the contingency operation. 
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(b) INSPECTOR GENERAL AUDITS.—Not later than 90 
days after receipt of a report under subsection (a), each In-
spector General referred to in that subsection shall— 
(1) perform an audit on the quality of the infor-
mation submitted in such report, including an assess-
ment of the completeness and accuracy of the infor-
mation and the extent to which the information fully 
satisfies the requirements of such Inspector General in 
preparing the semi-annual report described in sub-
section (f)(1)(C) of section 8L of the Inspector General 
Act of 1978 (as so amended); and 
(2) submit to the appropriate committees of Con-
gress a report on the reliability, accuracy, and com-
pleteness of the information, including any signifi-
cant problems in such information. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on Appropriations of 
the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
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Oversight and Government Reform, and the 
Committee on Appropriations of the House of 
Representatives. 
(2) The term ‘‘overseas contingency operation’’ 
means a military operation outside the United States 
and its territories and possessions that is a contin-
gency operation (as that term is defined in section 
101(a)(13) of title 10, United States Code). 
SEC. 871. OVERSIGHT OF CONTRACTS AND CONTRACTING 
ACTIVITIES FOR OVERSEAS CONTINGENCY 
OPERATIONS IN RESPONSIBILITIES OF CHIEF 
ACQUISITION OFFICERS OF FEDERAL AGEN-
CIES. 
(a) IN GENERAL.—Subsection (b)(3) of section 1702 
of title 41, United States Code, is amended— 
(1) by redesignating subparagraphs (F) and (G) 
as subparagraphs (G) and (H), respectively; and 
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraph (F): 
‘‘(F) advising the executive agency on the appli-
cability of relevant policy on the contracts of the 
agency for overseas contingency operations and ensur-
ing the compliance of the contracts and contracting 
activities of the agency with such policy;’’. 
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(b) DEFINITION.—Such section is further amended by 
adding at the following new subsection: 
‘‘(d) OVERSEAS
CONTINGENCY
OPERATIONS
DE-
FINED.—In this section, the term ‘overseas contingency op-
erations’ means military operations outside the United 
States and its territories and possessions that are a contin-
gency operation (as that term is defined in section 
101(a)(13) of title 10).’’. 
SEC. 872. REPORTS ON RESPONSIBILITY WITHIN DEPART-
MENT OF STATE AND THE UNITED STATES 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
FOR CONTRACT SUPPORT FOR OVERSEAS 
CONTINGENCY OPERATIONS. 
(a) DOS AND USAID REPORTS REQUIRED.—Not later 
than six months after the date of the enactment of this Act, 
the Secretary of State and the Administrator of the United 
States Agency for International Development shall, in con-
sultation with the Chief Acquisition Officer of the Depart-
ment of State and the Chief Acquisition Officer of the 
United States Agency for International Development, re-
spectively, each submit to the appropriate committees of 
Congress an assessment of Department of State and United 
States Agency for International Development policies gov-
erning contract support in overseas contingency operations. 
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(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
(1) A description and assessment of the roles and 
responsibilities of the officials, offices, and components 
of the Department of State or the United States Agen-
cy for International Development, as applicable, with-
in the chain of authority and responsibility for pol-
icy, planning, and execution of contract support for 
overseas contingency operations. 
(2) Procedures and processes of the Department 
or Agency, as applicable, on the following in connec-
tion with contract support for overseas contingency 
operations: 
(A) Collection, inventory, and reporting of 
data. 
(B) Acquisition planning. 
(C) Solicitation and award of contracts. 
(D) Requirements development and man-
agement. 
(E) Contract tracking and oversight. 
(F) Performance evaluations. 
(G) Risk management. 
(H) Interagency coordination and transi-
tion planning. 
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(3) Strategies and improvements necessary for 
the Department or the Agency, as applicable, to ad-
dress reliance on contractors, workforce planning, and 
the recruitment and training of acquisition workforce 
personnel, including the anticipated number of per-
sonnel needed to perform acquisition management 
and oversight functions and plans for achieving per-
sonnel staffing goals, in connection with overseas con-
tingency operations. 
(c) COMPTROLLER GENERAL REPORT.—Not later than 
one year after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the 
progress of the efforts of the Department of State and the 
United States Agency for International Development in im-
plementing improvements and changes identified under 
paragraphs (1) through (3) of subsection (b) in the reports 
required by subsection (a), together with such additional in-
formation as the Comptroller General considers appropriate 
to further inform such committees on issues relating to the 
reports required by subsection (a). 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
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(1) the Committee on Foreign Relations, the 
Committee on Armed Services, the Committee on 
Homeland Security and Governmental Affairs, and 
the Committee on Appropriations of the Senate; and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Armed Services, the Committee on Over-
sight and Government Reform, and the Committee on 
Appropriations of the House of Representatives. 
SEC. 873. PROFESSIONAL EDUCATION FOR DEPARTMENT 
OF STATE PERSONNEL ON ACQUISITION FOR 
DEPARTMENT OF STATE SUPPORT AND PAR-
TICIPATION IN OVERSEAS CONTINGENCY OP-
ERATIONS. 
(a) PROFESSIONAL EDUCATION REQUIRED.—The Sec-
retary of State shall develop and administer for Depart-
ment of State personnel specified in subsection (b) a course 
of professional education on acquisition by the Department 
of State for Department of State support for, and participa-
tion in, overseas contingency operations. 
(b) COVERED DEPARTMENT OF STATE PERSONNEL.— 
The Department of State personnel specified in this sub-
section are as follows: 
(1) The Chief Acquisition Officer of the Depart-
ment of State. 
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(2) Personnel of the Department designated by 
the Chief Acquisition Officer, including contracting 
officers and other contracting personnel. 
(3) Such other personnel of the Department as 
the Secretary of State shall designate for purposes of 
this section. 
(c) ELEMENTS.— 
(1) CURRICULUM CONTENT.—The course of pro-
fessional education under this section shall include 
appropriate content on the following: 
(A) Contingency contracting. 
(B) Contingency program management. 
(C) The strategic impact of contracting 
costs on the mission and activities of the Depart-
ment of State. 
(D) Such other matters relating to acquisi-
tion by the Department for Department support 
for, or participation in, overseas contingency op-
erations as the Secretary of State considers ap-
propriate. 
(2) PHASED APPROACH.—The course of profes-
sional education may be broken into two or more 
phases of professional education with curriculum or 
modules of education suitable for the Department of 
State personnel specified in subsection (b) at different 
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phases of professional advancement within the De-
partment. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘contingency contracting’’ means 
all stages of the process of acquiring property or serv-
ices by the Department of State for Department of 
State support for, and participation in, overseas con-
tingency operations. 
(2) The term ‘‘contingency program manage-
ment’’ means the process of planning, organizing, 
staffing, controlling, and leading specific acquisition 
programs and activities of the Department of State 
for Department of State support for, and participa-
tion in, overseas contingency operations. 
(3) The term ‘‘overseas contingency operation’’ 
means a military operation outside the United States 
and its territories and possessions that is a contin-
gency operation (as that term is defined in section 
101(a)(13) of title 10, United States Code). 
SEC. 874. DATABASE ON PRICE TRENDS OF ITEMS AND 
SERVICES UNDER FEDERAL CONTRACTS. 
(a) DATABASE REQUIRED.— 
(1) IN GENERAL.—Chapter 33 of title 41, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
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‘‘§ 3312. Database on price trends of items and serv-
ices under Federal contracts 
‘‘(a) DATABASE REQUIRED.—The Administrator shall 
establish and maintain a database of information on price 
trends for items and services under contracts with the Fed-
eral Government. The information in the database shall be 
designed to assist Federal acquisition officials in the fol-
lowing: 
‘‘(1) Monitoring developments in price trends for 
items and services under contracts with the Federal 
Government. 
‘‘(2) Conducting pricing or cost analyses for 
items and services under offers for contracts with the 
Federal Government, or otherwise conducting deter-
minations of the reasonableness of prices for items 
and services under such offers, and addressing un-
justified escalation in prices being paid by the Fed-
eral Government for items and services under con-
tracts with the Federal Government. 
‘‘(b) USE.—(1) The database under subsection (a) 
shall be available to executive agencies in the evaluation 
of offers for contracts with the Federal Government for items 
and services. 
‘‘(2) The Secretary of Defense may satisfy the require-
ments of this section by complying with the requirements 
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of section 892 of the Ike Skelton National Defense Author-
ization Act for Fiscal Year 2011 (10 U.S.C. 2306a note).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 33 of such title is 
amended by adding at the end the following new item: 
‘‘3312. Database on price trends of items and services under Federal contracts.’’. 
(b) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE 
PILOT PROJECT.—In establishing the database required by 
section 3312 of title 41, United States Code (as added by 
subsection (a)), the Administrator of Federal Procurement 
Policy shall use and incorporate appropriate elements of 
the pilot project on pricing of the Department of Defense 
being carried out by the Director of Defense Pricing. 
SEC. 875. 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 per-
son’’ both places it appears. 
(b) INFORMATION ON CORPORATIONS.—Subsection (d) 
of such section is amended by adding at the end the fol-
lowing new paragraph: 
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‘‘(3) INFORMATION ON CORPORATIONS.—The in-
formation 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.’’. 
SEC. 876. INCLUSION OF DATA ON CONTRACTOR PERFORM-
ANCE IN PAST PERFORMANCE DATABASES 
FOR EXECUTIVE AGENCY SOURCE SELECTION 
DECISIONS. 
(a) STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Ac-
quisition Regulatory Council shall develop a strategy 
for ensuring that timely, accurate, and complete in-
formation on contractor performance is included in 
past performance databases used by executive agencies 
for making source selection decisions. 
(2) CONSULTATION
WITH
USDATL.—In devel-
oping the strategy required by this subsection, the 
Federal Acquisition Regulatory Council shall consult 
with the Under Secretary of Defense for Acquisition, 
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Technology, and Logistics to ensure that the strategy 
is, to the extent practicable, consistent with the strat-
egy developed by the Under Secretary pursuant to sec-
tion 806 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1487; 10 U.S.C. 2302 note). 
(b) ELEMENTS.—The strategy required by subsection 
(a) shall, at a minimum— 
(1) establish standards for the timeliness and 
completeness of past performance submissions for pur-
poses of databases described in subsection (a); 
(2) assign responsibility and management ac-
countability for the completeness of past performance 
submissions for such purposes; and 
(3) ensure that past performance submissions for 
such purposes are consistent with award fee evalua-
tions in cases where such evaluations have been con-
ducted. 
(c) CONTRACTOR COMMENTS.—Not later than 180 
days after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to require the fol-
lowing: 
(1) That affected contractors are provided, in a 
timely manner, information on contractor perform-
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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 informa-
tion 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 infor-
mation 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-
lenging a past performance evaluation in accordance with 
applicable laws, regulations, or procedures. 
(e) COMPTROLLER GENERAL REPORT.—Not later than 
18 months after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the ac-
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tions taken by the Federal Acquisition Regulatory Council 
pursuant to this section, including an assessment of the fol-
lowing: 
(1) The extent to which the strategy required by 
subsection (a) is consistent with the strategy developed 
by the Under Secretary of Defense for Acquisition, 
Technology, and Logistics as described in subsection 
(a)(2). 
(2) The extent to which the actions of the Federal 
Acquisition Regulatory Council pursuant to this sec-
tion have otherwise achieved the objectives of this sec-
tion. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on Appropriations of 
the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Oversight and Government Reform, and the 
Committee on Appropriations of the House of 
Representatives. 
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(2) The term ‘‘executive agency’’ has the mean-
ing given that term in section 133 of title 41, United 
States Code, except that the term excludes the Depart-
ment of Defense and the military departments. 
(3) The term ‘‘Federal Acquisition Regulatory 
Council’’ means the Federal Acquisition Regulatory 
Council under section 1302(a) of title 41, United 
States Code. 
SEC. 877. PUBLIC AVAILABILITY OF DATABASE OF SENIOR 
DEPARTMENT OF DEFENSE OFFICIALS SEEK-
ING EMPLOYMENT WITH DEFENSE CONTRAC-
TORS. 
Section 847(b) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
1701 note) is amended by adding at the end the following 
new paragraph: 
‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 
The Secretary of Defense shall make available online 
to the public any information contained in the data-
base or repository required under paragraph (1) that 
is not confidential, personal, or proprietary in na-
ture.’’. 
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Subtitle E—Other Matters 
SEC. 881. REQUIREMENTS AND LIMITATIONS FOR SUSPEN-
SION AND DEBARMENT OFFICIALS OF THE 
DEPARTMENT OF DEFENSE, THE DEPART-
MENT OF STATE, AND THE UNITED STATES 
AGENCY 
FOR 
INTERNATIONAL 
DEVELOP-
MENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the head of the covered 
agency concerned shall ensure the following: 
(1) There shall be not less than one suspension 
and debarment official— 
(A) in the case of the Department of De-
fense, for each of the Department of the Army, 
the Department of the Navy, the Department of 
the Air Force, and the Defense Logistics Agency; 
(B) for the Department of State; and 
(C) for the United States Agency for Inter-
national Development. 
(2) A suspension and debarment official under 
paragraph (1) may not report to or be subject to the 
supervision of the acquisition office or the Inspector 
General of— 
(A) in the case of the Department of De-
fense, either the Department of Defense or the 
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military department or Defense Agency con-
cerned; and 
(B) in the case of any other covered agency, 
the acquisition office or the Inspector General of 
such agency. 
(3)(A) Except as provided in subparagraph (B), 
the duties of a suspension and debarment official 
under paragraph (1) may include only the following: 
(i) The direction, management, and over-
sight of suspension and debarment activities. 
(ii) The direction, management, and over-
sight of fraud remedies activities. 
(iii) Membership and participation in the 
Interagency Committee on Debarment and Sus-
pension in accordance with Executive Order No. 
12549 and section 873 of the Duncan Hunter 
National Defense Authorization Act for Fiscal 
Year 2009 (as amended by this section). 
(B) The limitation in subparagraph (A) shall 
not be construed to prohibit a suspension and debar-
ment official under paragraph (1) from providing au-
thorized legal advice to the extent that the provision 
of such advice does not present a conflict of interest 
with the exercise of the duties of the suspension and 
debarment official under subparagraph (A). 
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(4) Each suspension and debarment official 
under paragraph (1) shall have a staff and resources 
adequate for the discharge of the suspension and de-
barment responsibilities of such official. 
(5) Each suspension and debarment official 
under paragraph (1) shall document the basis for any 
decision taken pursuant to a referral in accordance 
with the policies established under paragraph (7), in-
cluding, but not limited to, the following: 
(A) Any decision to suspend or debar any 
person or entity. 
(B) Any decision not to suspend or debar 
any person or entity. 
(C) Any decision declining to pursue sus-
pension or debarment of any person or entity. 
(D) Any administrative agreement entered 
with any person or persons in lieu of suspension 
or debarment of such person or entity. 
(6) Any decision under subparagraphs (B) 
through (D) of paragraph (5) shall not preclude a 
subsequent decision by a suspension and debarment 
official under paragraph (1) to suspend, debar, or 
enter into any administrative agreement with any 
person or entity based on additional information or 
changed circumstances. All cases, whether based on re-
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ferral or internally developed, shall be documented 
prior to closure by the suspension and debarment offi-
cial. 
(7) Each suspension and debarment official 
under paragraph (1) shall, in consultation with the 
General Counsel of the covered agency concerned, es-
tablish in writing policies for the consideration of the 
following: 
(A) Referrals of suspension and debarment 
matters. 
(B) Suspension and debarment matters that 
are not referred. 
(b) COVERED AGENCY DEFINED.—In subsection (a), 
the term ‘‘covered agency’’ means the following: 
(1) The Department of Defense. 
(2) The Department of State. 
(3) The United States Agency for International 
Development. 
(c) DUTIES OF INTERAGENCY COMMITTEE ON DEBAR-
MENT AND SUSPENSION.—Section 873 of the Duncan Hun-
ter National Defense Authorization Act for Fiscal Year 2009 
(31 U.S.C. 6101 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, in-
cluding with respect to contracts in connection 
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with contingency operations’’ before the semi-
colon; and 
(B) in paragraph (7)— 
(i) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the following 
new subparagraphs 
‘‘(D) 
a 
summary 
of 
suspensions, 
debarments, and administrative agreements dur-
ing the previous year; and 
‘‘(E) a summary of referrals of suspension 
and debarment matters received during the pre-
vious year, including an identification of the 
agencies making such referrals and an assess-
ment of the timeliness of such referrals.’’; and 
(2) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—The 
annual report required by subsection (a)(7) shall be sub-
mitted not later than 120 days after the end of the first 
fiscal year ending after the date of the enactment of the 
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National Defense Authorization Act for Fiscal Year 2013, 
and annually thereafter. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contingency operation’ has the 
meaning given that term in section 101(a)(13) of title 
10, United States Code. 
‘‘(2) The term ‘Interagency Committee on Debar-
ment and Suspension’ means the committee con-
stituted under sections 4 and 5 of Executive Order 
No. 12549.’’. 
SEC. 881A. ADDITIONAL BASES FOR SUSPENSION OR DE-
BARMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to provide for the automatic re-
ferral of a person described in subsection (b) to the appro-
priate suspension and debarment official for a determina-
tion whether or not the person should be suspended or 
debarred. 
(b) COVERED PERSONS.—A person described in this 
subsection is any person as follows: 
(1) A person who has been charged with a Fed-
eral criminal offense relating to the award or per-
formance of a contract of an executive agency. 
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(2) A person who has been alleged, in a civil or 
criminal proceeding brought by the United States, to 
have engaged in fraudulent actions in connection 
with the award or performance of a contract of an ex-
ecutive agency. 
(3) A person that does not maintain an office 
within the United States and has been determined by 
the head of a contracting agency of an executive agen-
cy to have failed to pay or refund amounts due or 
owed to the Federal Government in connection with 
the performance of a contract of the executive agency. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘executive agency’’ has the mean-
ing given that term in section 133 of title 41, United 
States Code. 
(2) The term ‘‘person’’ has the meaning given 
that term in section 1 of title 1, United States Code. 
SEC. 882. UNIFORM CONTRACT WRITING SYSTEM REQUIRE-
MENTS. 
(a) UNIFORM
STANDARDS
AND
CONTROLS
RE-
QUIRED.—Not later than 180 days after the date of the en-
actment of this Act, the officials specified in subsection (b) 
shall— 
(1) establish uniform data standards, internal 
control requirements, independent verification and 
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validation requirements, and business process rules 
for processing procurement requests, contracts, re-
ceipts, and invoices by the Department of Defense or 
other executive agencies, as applicable; 
(2) establish and maintain one or more approved 
electronic contract writing systems that conform with 
the standards, requirements, and rules established 
pursuant to paragraph (1); and 
(3) require the use of electronic contract writing 
systems approved in accordance with paragraph (2) 
for all contracts entered into by the Department of 
Defense or other executive agencies, as applicable. 
(b) COVERED OFFICIALS.—The officials specified in 
this subsection are the following: 
(1) The Secretary of Defense, with respect to the 
Department of Defense and the military departments. 
(2) The Administrator of the Office of Federal 
Procurement Policy, with respect to the executive 
agencies other than the Department of Defense and 
the military departments. 
(c) ELECTRONIC WRITING SYSTEMS FOR DEPARTMENT 
OF
STATE
AND
USAID.—Notwithstanding subsection 
(b)(2), the Secretary of State and the Administrator of the 
United States Agency for International Development may 
meet the requirements of subsection (a)(2) with respect to 
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approved electronic contract writing systems for the De-
partment of State and the United States Agency for Inter-
national Development, respectively, if the Secretary and the 
Administrator, as the case may be, demonstrate to the Ad-
ministrator of the Office of Federal Procurement Policy that 
prior investment of resources in existing contract writing 
systems will result in the most cost effective and efficient 
means to satisfy such requirements. 
(d) PHASE-IN OF IMPLEMENTATION OF REQUIREMENT 
FOR APPROVED SYSTEMS.—The officials specified in sub-
section (b) may phase in the implementation of the require-
ment to use approved electronic contract writing systems 
in accordance with subsection (a)(3) over a period of up 
to five years beginning with the date of the enactment of 
this Act. 
(e) REPORTS.—Not later than 180 days after the date 
of the enactment of this Act, the officials specified in sub-
section (b) shall each submit to the appropriate committees 
of Congress a report on the implementation of the require-
ments of this section. Each report shall, at a minimum— 
(1) describe the standards, requirements, and 
rules established pursuant to subsection (a)(1); 
(2) identify the electronic contract writing sys-
tems approved pursuant to subsection (a)(2) and, if 
multiple systems are approved, explain why the use 
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of such multiple systems is the most efficient and ef-
fective approach to meet the contract writing needs of 
the Federal Government; and 
(3) provide the schedule for phasing in the use 
of approved electronic contract writing systems in ac-
cordance with subsections (a)(3) and (d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on Appropriations of 
the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Oversight and Government Reform, and the 
Committee on Appropriations of the House of 
Representatives. 
(2) The term ‘‘executive agency’’ has the mean-
ing given that term in section 133 of title 41, United 
States Code. 
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SEC. 883. COMPTROLLER GENERAL OF THE UNITED STATES 
REVIEW OF USE BY THE DEPARTMENT OF DE-
FENSE, THE DEPARTMENT OF STATE, AND 
THE UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT OF URGENT AND 
COMPELLING EXCEPTION TO COMPETITION. 
(a) REVIEW REQUIRED.—The Comptroller General of 
the United States shall review each of the following: 
(1) The use by the Department of Defense of the 
unusual and compelling urgency exception to full and 
open competition provided in section 2304(c)(2) of 
title 10, United States Code. 
(2) The use by each of the Department of State 
and the United States Agency for International De-
velopment of the unusual and compelling urgency ex-
ception to full and open competition provided in sec-
tion 3304(a)(2) of title 41, United States Code. 
(b) MATTERS TO BE REVIEWED.—The review of the 
use of an unusual and compelling urgency exception re-
quired by subsection (a) shall include a review of the fol-
lowing: 
(1) The pattern of use of the exception by acqui-
sition organizations within the Department of De-
fense, the Department of State, and the United States 
Agency for International Development in order to de-
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termine which organizations are commonly using the 
exception and the frequency of such use. 
(2) The range of items or services being acquired 
through the use of the exception. 
(3) The process for reviewing and approving jus-
tifications involving the exception. 
(4) Whether the justifications for use of the ex-
ception typically meet the relevant requirements of the 
Federal Acquisition Regulation applicable to the use 
of the exception. 
(5) The extent to which the exception is used to 
solicit bids or proposals from only one source and the 
extent to which such sole-source procurements are ap-
propriately documented and justified. 
(6) The compliance of the Department of De-
fense, the Department of State, and the United States 
Agency for International Development with the re-
quirements of section 2304(d)(3) of title 10, United 
States Code, or section 3304(c)(1)(B) of title 41, 
United States Code, as applicable, that limit the du-
ration of contracts awarded pursuant to the exception 
and require approval for any such contract in excess 
of one year. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
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submit to the appropriate committees of Congress a report 
on the review required by subsection (a), including a discus-
sion of each of the matters specified in subsection (b). The 
report shall include any recommendations relating to the 
matters reviewed that the Comptroller General considers ap-
propriate. 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services, the Com-
mittee on Foreign Relations, the Committee on Home-
land Security and Governmental Affairs, and the 
Committee on Appropriations of the Senate; and 
(2) 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. 
SEC. 884. AUTHORITY TO PROVIDE FEE-FOR-SERVICE IN-
SPECTION AND TESTING BY DEFENSE CON-
TRACT MANAGEMENT AGENCY FOR CERTAIN 
CRITICAL EQUIPMENT IN THE ABSENCE OF A 
PROCUREMENT CONTRACT. 
(a) AUTHORITY.—Section 2539b of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
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(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) make available to any person or entity, in 
advance of the award of a procurement contract, 
through contracts or other appropriate arrangements 
and subject to subsection (c), the services of the De-
fense Contract Management Agency for testing and 
inspection of items when such testing and inspection 
is determined by such Secretary to be critical to a 
specific program of the Department of Defense.’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(3) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) DCMA SERVICES.—Services of the Defense Con-
tract Management Agency may be made available under 
subsection (a)(5) only if the contract or other arrangement 
for those services— 
‘‘(1) holds the United States harmless if the 
items covered by the contract or other arrangement 
(whether or not tested and inspected under the con-
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tract or other arrangement) are not subsequently or-
dered by or delivered to the United States under a 
procurement contract entered into after the contract 
or other arrangement is entered into; and 
‘‘(2) holds the United States harmless against 
any claim arising out of the inspection and testing, 
or the use in any commercial application, of the 
equipment tested and inspected by the Defense Con-
tract Management Agency under the contract or other 
arrangement.’’. 
(b) FEES.—Subsection (d) of such section, as redesig-
nated by subsection (a)(2) of this section, is amended— 
(1) in the first sentence, by striking ‘‘and (a)(4)’’ 
and inserting ‘‘, (a)(4), and (a)(5)’’; and 
(2) in the second sentence— 
(A) by inserting ‘‘, travel, and other inci-
dental overhead expenses’’ after ‘‘salaries’’; and 
(B) by inserting ‘‘or inspection’’ before the 
period at the end. 
(c) USE OF FEES.—Subsection (e) of such section, as 
so redesignated, is amended by striking ‘‘and (a)(4)’’ and 
inserting ‘‘, (a)(4), and (a)(5)’’. 
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SEC. 885. DISESTABLISHMENT OF DEFENSE MATERIEL 
READINESS BOARD. 
(a) DISESTABLISHMENT OF BOARD.—The Defense Ma-
teriel Readiness Board established pursuant to section 871 
of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 10 U.S.C. 117 note) is hereby 
disestablished. 
(b) TERMINATION OF STRATEGIC READINESS FUND.— 
The Department of Defense Strategic Readiness Fund estab-
lished by section 872(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (10 U.S.C. 117 note) is hereby 
closed. 
(c) REPEAL.—Subtitle G of title VIII of the National 
Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 
117 note) is repealed. 
SEC. 886. MODIFICATION OF PERIOD OF WAIT FOLLOWING 
NOTICE TO CONGRESS OF INTENT TO CON-
TRACT FOR LEASES OF CERTAIN VESSELS 
AND VEHICLES. 
Section 2401(h)(2) of title 10, United States Code, is 
amended by striking ‘‘of continuous session of Congress’’. 
SEC. 887. EXTENSION OF OTHER TRANSACTION AUTHOR-
ITY. 
Section 845(i) of the National Defense Authorization 
Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended 
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by striking ‘‘September 30, 2013’’ and inserting ‘‘September 
30, 2018’’. 
SEC. 888. SUBCONTRACTOR NOTIFICATIONS. 
Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended by adding at the end the following: 
‘‘(13) NOTIFICATION REQUIREMENT.—An offeror with 
respect to a contract let by a Federal agency that is to be 
awarded pursuant to the negotiated method of procurement 
that intends to identify a small business concern as a poten-
tial subcontractor in the offer relating to the contract shall 
notify the small business concern that the offeror intends 
to identify the small business concern as a potential subcon-
tractor in the offer. 
‘‘(14) REPORTING
BY SUBCONTRACTORS.—The Ad-
ministrator shall establish a reporting mechanism that al-
lows a subcontractor to report fraudulent activity by a con-
tractor with respect to a subcontracting plan submitted to 
a procurement authority under paragraph (4)(B).’’. 
SEC. 889. REPORT BY THE SUSPENSION AND DEBARMENT 
OFFICIALS OF THE MILITARY DEPARTMENTS 
AND THE DEFENSE LOGISTICS AGENCY. 
(a) REPORT REQUIRED.—Not later than 60 days after 
the date of the enactment of this Act, the suspension and 
debarment official of each agency specified in subsection (b) 
shall submit to the congressional defense committees a re-
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(A) an explanation why the average time 
exceeds the target goal by more than twice the 
target goal; and 
(B) a description of the actions to be taken 
by such official to ensure that the average proc-
essing time for suspension and debarment pro-
posals meets the target goal. 
SEC. 889A. STUDY ON ARMY SMALL ARMS AND AMMUNITION 
ACQUISITION. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall enter into a contract with a Federally 
Funded Research and Development Center to conduct 
a study on the Army’s acquisition of small arms and 
ammunition to determine each of the following: 
(A) A comparative evaluation of the current 
military small arms in use by United States 
general purpose and special operations forces, al-
lied foreign militaries, and those potential can-
didate small arms not necessarily in use mili-
tarily but available commercially. 
(B) An assessment of the Department of De-
fense’s current plans to modernize its small arms 
capabilities. 
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(C) A comparative evaluation of the Army’s 
standard small arms ammunition with other 
small arms ammunition alternatives. 
(2) FACTORS TO CONSIDER.—The study required 
under subsection (a) shall take into consideration the 
following factors: 
(A) Current and future operating environ-
ments as specified or referred to in Department 
of Defense strategic guidance and planning docu-
ments. 
(B) Modifications and improvements re-
cently applied to United States general purpose 
and special operations forces small arms as well 
as their potential for continued modification and 
improvement. 
(C) Industrial base impacts. 
(3) ACCESS TO INFORMATION.—The Secretary of 
Defense and the Secretary of the Army shall ensure 
that the Federally Funded Research and Development 
Center conducting the study required under subsection 
(a) has access to all necessary data, records, analysis, 
personnel, and other resources necessary to complete 
the study. 
(b) REPORT.— 
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(1) IN GENERAL.—Not later than September 30, 
2013, the Secretary of Defense shall submit to the con-
gressional defense committees a report containing the 
results of the study conducted under subsection (a), 
together with the comments of the Secretary of Defense 
on the findings contained in the study. 
(2) CLASSIFIED ANNEX.—The report shall be in 
unclassified form, but may contain a classified annex. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘small arms’’ means— 
(A) firearms up to but not including .50 
caliber; and 
(B) shotguns. 
(2) The term ‘‘small arms ammunition’’ means 
ammunition or ordnance for— 
(A) firearms up to but not including .50 
caliber; and 
(B) shotguns. 
SEC. 889B. ANNUAL REPORT ON DEFENSE CONTRACTING 
FRAUD. 
(a) ANNUAL STUDY AND REPORT.—The Secretary of 
Defense shall conduct an annual study on defense con-
tracting fraud and submit a report containing the findings 
of such study to the congressional defense committees. 
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(b) REPORT CONTENTS.—The report required under 
subsection (a) shall include with respect to the most recent 
reporting period the following elements: 
(1) An assessment of the total value of Depart-
ment of Defense contracts entered into to with con-
tractors that have been indicted for, settled charges of, 
been fined by any Federal department or agency for, 
or been convicted of fraud in connection with any 
contract or other transaction entered into with the 
Federal Government. 
(2) Recommendations by the Inspector General 
of the Department of Defense or other appropriate De-
partment of Defense official regarding how to penalize 
contractors repeatedly involved in fraud in connection 
with contracts or other transactions entered into with 
the Federal Government, including an update on im-
plementation by the Department of any previous such 
recommendations. 
SEC. 889C. PLAN TO INCREASE NUMBER OF CONTRACTORS 
ELIGIBLE 
FOR 
CONTRACTS 
UNDER 
AIR 
FORCE NETCENTS-2 CONTRACT. 
(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the congressional defense committees 
a plan to increase the number of contractors eligible to be 
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awarded contracts under the Air Force’s Network-Centric 
Solutions-2 (NETCENTS-2) indefinite-delivery, indefinite- 
quantity (IDIQ) contract. 
(b) CONTENT.—The plan required under subsection (a) 
shall include the following elements: 
(1) A recommendation and rationale for a max-
imum number of contractors to be eligible for contract 
awards under NETCENTS-2 to foster competition 
and reduce overall costs associated with hardware and 
operation and maintenance of Air Networks. 
(2) The methodology used to periodically review 
existing eligible NETCENTS-2 contractors and con-
tracts. 
(3) A timeline to increase the current number of 
eligible contractors under NETCENTS-2 and dates of 
future ‘‘on-ramps’’ under NETCENTS-2 to assess 
current eligible contractors and add additional eligi-
ble contractors. 
SEC. 889D. INCLUSION OF INFORMATION ON COMMON 
GROUNDS FOR SUSTAINING BID PROTESTS IN 
ANNUAL GOVERNMENT ACCOUNTABILITY OF-
FICE REPORTS TO CONGRESS. 
The Comptroller General of the United States shall in-
clude in the annual report to Congress on the Government 
Accountability Office each year a list of the most common 
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grounds for sustaining protests relating to bids for contracts 
during such year. 
SEC. 889E. SMALL BUSINESS HUBZONES. 
(a) DEFINITION.—In this section, the term ‘‘covered 
base closure area’’ means a base closure area that, on or 
before the date of enactment of this Act, was treated as a 
HUBZone for purposes of the Small Business Act (15 
U.S.C. 631 et seq.) pursuant to section 152(a)(2) of the 
Small Business Reauthorization and Manufacturing Assist-
ance Act of 2004 (15 U.S.C. 632 note). 
(b) TREATMENT AS HUBZONE.— 
(1) IN GENERAL.—Subject to paragraph (2), a 
covered base closure area shall be treated as a 
HUBZone for purposes of the Small Business Act (15 
U.S.C. 631 et seq.) during the 5-year period begin-
ning on the date of enactment of this Act. 
(2) LIMITATION.—The total period of time that 
a covered base closure area is treated as a HUBZone 
for purposes of the Small Business Act (15 U.S.C. 631 
et seq.) pursuant to this section and section 152(a)(2) 
of the Small Business Reauthorization and Manufac-
turing Assistance Act of 2004 (15 U.S.C. 632 note) 
may not exceed 5 years. 
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Subtitle F—Ending Trafficking in 
Government Contracting 
SEC. 891. SHORT TITLE. 
This subtitle may be cited as the ‘‘End Trafficking in 
Government Contracting Act of 2012’’. 
SEC. 892. DEFINITIONS. 
In this subtitle: 
(1) COMMERCIAL SEX ACT.—The term ‘‘commer-
cial sex act’’ has the meaning given the term in sec-
tion 22.1702 of the Federal Acquisition Regulation 
(or any similar successor regulation). 
(2) EXECUTIVE
AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term in section 
133 of title 41, United States Code. 
(3) SUBCONTRACTOR.—The term ‘‘subcontractor’’ 
means a recipient of a contract at any tier under a 
grant, contract, or cooperative agreement. 
(4) 
SUBGRANTEE.—The 
term 
‘‘subgrantee’’ 
means a recipient of a grant at any tier under a 
grant or cooperative agreement. 
(5) UNITED STATES.—The term ‘‘United States’’ 
has the meaning provided in section 103(12) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102(12)). 
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SEC. 893. CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.—Section 106(g) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is 
amended by striking ‘‘if the grantee or any subgrantee,’’ 
and all that follows through the period at the end and in-
serting the following: ‘‘or take any of the other remedial 
actions authorized under section 895(c) of the End Traf-
ficking in Government Contracting Act of 2012, if the 
grantee or any subgrantee, or the contractor or any subcon-
tractor, engages in, or uses labor recruiters, brokers, or other 
agents who engage in— 
‘‘(i) severe forms of trafficking in per-
sons; 
‘‘(ii) the procurement of a commercial 
sex act during the period of time that the 
grant, contract, or cooperative agreement is 
in effect; 
‘‘(iii) the use of forced labor in the per-
formance of the grant, contract, or coopera-
tive agreement, or 
‘‘(iv) acts that directly support or ad-
vance trafficking in persons, including the 
following acts: 
‘‘(I) Destroying, concealing, re-
moving, confiscating, or otherwise de-
nying an employee access to that em-
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ployee’s identity or immigration docu-
ments. 
‘‘(II) Failing to pay return trans-
portation costs to an employee upon 
the end of employment, unless— 
‘‘(aa) 
exempted 
from 
the 
duty to repatriate by the Federal 
department or agency providing 
or entering into the grant, con-
tract, or cooperative agreement; or 
‘‘(bb) the employee is a vic-
tim of human trafficking seeking 
victim services or legal redress in 
the country of employment or a 
witness in a human trafficking 
enforcement action. 
‘‘(III) Soliciting a person for the 
purpose of employment, or offering em-
ployment, by means of materially false 
or fraudulent pretenses, representa-
tions, or promises regarding that em-
ployment. 
‘‘(IV) Charging recruited employ-
ees unreasonable placement or recruit-
ment fees, such as fees equal to or 
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greater than the employee’s monthly 
salary, or recruitment fees that violate 
the laws of the country from which an 
employee is recruited. 
‘‘(V) 
Providing 
or 
arranging 
housing that fails to meet the host 
country housing and safety stand-
ards.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 90 days after the date of the 
enactment of this Act. 
SEC. 894. COMPLIANCE PLAN AND CERTIFICATION RE-
QUIREMENT. 
(a) REQUIREMENT.—The head of an executive agency 
may not provide or enter into a grant, contract, or coopera-
tive agreement if the estimated value of the services required 
to be performed under the grant, contract, or cooperative 
agreement outside the United States exceeds $500,000, un-
less a duly designated representative of the recipient of such 
grant, contract, or cooperative agreement certifies to the 
contracting or grant officer prior to receiving an award and 
on an annual basis thereafter, after having conducted due 
diligence, that— 
(1) the recipient has implemented a plan to pre-
vent the activities described in section 106(g) of the 
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Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7104(g)), as amended by section 3, and is in compli-
ance with that plan; 
(2) the recipient has implemented procedures to 
prevent any activities described in such section 106(g) 
and to monitor, detect, and terminate any subcon-
tractor, subgrantee, or employee of the recipient en-
gaging in any activities described in such section; 
and 
(3) to the best of the representative’s knowledge, 
neither the recipient, nor any subcontractor or sub-
grantee of the recipient or any agent of the recipient 
or of such a subcontractor or subgrantee, is engaged 
in any of the activities described in such section. 
(b) LIMITATION.—Any plan or procedures imple-
mented pursuant to subsection (a) shall be appropriate to 
the size and complexity of the grant, contract, or cooperative 
agreement and to the nature and scope of its activities, in-
cluding the number of non-United States citizens expected 
to be employed. 
(c) DISCLOSURE.—The recipient shall provide a copy 
of the plan to the contracting or grant officer upon request, 
and as appropriate, shall post the useful and relevant con-
tents of the plan or related materials on its website and 
at the workplace. 
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(d) GUIDANCE.—The President, in consultation with 
the Secretary of State, the Attorney General, the Secretary 
of Defense, the Secretary of Labor, the Secretary of Home-
land Security, the Administrator for the United States 
Agency for International Development, and the heads of 
such other executive agencies as the President deems appro-
priate, shall establish minimum requirements for contractor 
plans and procedures to be implemented pursuant to this 
section. 
(e) REGULATIONS.—Not later than 270 days after the 
date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended to carry out the purposes of 
this section. 
(f) EFFECTIVE DATE.—The requirements under sub-
section (a) and (c) shall apply to grants, contracts, and 
cooperative agreements entered into on or after the date that 
is 90 days after the Federal Acquisition Regulation is 
amended pursuant to subsection (e). 
SEC. 895. MONITORING AND INVESTIGATION OF TRAF-
FICKING IN PERSONS. 
(a) REFERRAL AND INVESTIGATION.— 
(1) REFERRAL.—If the contracting or grant offi-
cer of an executive agency for a grant, contract, or co-
operative agreement receives credible information that 
a recipient of the grant, contract, or cooperative 
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agreement; any subgrantee or subcontractor of the re-
cipient; or any agent of the recipient or of such a sub-
grantee or subcontractor, has engaged in an activity 
described in section 106(g) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104(g)), as 
amended by section 893, including a report from a 
contracting officer representative, an auditor, an al-
leged victim or victim’s representative, or any other 
credible source, the contracting or grant officer shall 
promptly refer the matter to the agency’s Office of In-
spector General for investigation. The contracting of-
ficer may also direct the contractor to take specific 
steps to abate an alleged violation or enforce the re-
quirements of a compliance plan implemented pursu-
ant to section 894. 
(2) INVESTIGATION.—Where appropriate, an In-
spector General who receives credible information that 
a recipient of the grant, contract, or cooperative 
agreement; any subgrantee or subcontractor of the re-
cipient; or any agent of the recipient or of such a sub-
grantee or subcontractor, has engaged in an activity 
described in section 106(g) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104(g)), as 
amended by section 893, pursuant to a referral under 
paragraph (1) or otherwise, shall promptly initiate 
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an investigation of the matter. In the event that an 
Inspector General does not initiate an investigation, 
the Inspector General shall provide an explanation 
for the decision not to investigate. 
(3) CRIMINAL INVESTIGATION.—If the matter is 
referred to the Department of Justice for criminal 
prosecution, the Inspector General may suspend any 
investigation under this subsection pending the out-
come of the criminal prosecution. If the criminal in-
vestigation results in an indictment of the recipient 
of a contract, grant, or cooperative agreement; any 
subgrantee or subcontractor of the recipient; or any 
agent of the recipient or of a subgrantee or subcon-
tractor, the Inspector General shall notify the head of 
the executive agency that awarded the contract, grant, 
or cooperative agreement of the indictment. If the 
criminal investigation results in a decision not to 
prosecute, the Inspector General shall resume any in-
vestigation that was suspended pursuant to this para-
graph. 
(b) REPORT AND DETERMINATION.— 
(1) REPORT.—Upon completion of an investiga-
tion under subsection (a), the Inspector General shall 
submit a report on the investigation, including con-
clusions about whether the recipient of a grant, con-
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tract, or cooperative agreement; any subcontractor or 
subgrantee of the recipient; or any agent of the recipi-
ent or of such a subcontractor or subgrantee, engaged 
in any of the activities described in section 106(g) of 
the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g)), as amended by section 893, to the 
head of the executive agency that awarded the con-
tract, grant, or cooperative agreement. 
(2) DETERMINATION.—Upon receipt of an In-
spector General’s report pursuant to paragraph (1), 
the head of the executive agency shall make a written 
determination whether the recipient of a contract, 
grant, or cooperative agreement; any subgrantee or 
subcontractor of the recipient; or any agent of the re-
cipient or of a subgrantee or subcontractor, engaged 
in any of the activities described in section 106(g) of 
the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g)), as amended by section 893. 
(c) REMEDIAL ACTIONS.— 
(1) IN GENERAL.—If the head of an executive 
agency determines pursuant to subsection (b)(2) that 
the recipient of a contract, grant, or cooperative 
agreement; any subgrantee or subcontractor of the re-
cipient; or any agent of the recipient or of a sub-
grantee or subcontractor, engaged in any of the ac-
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tivities described in section 106(g) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 
as amended by section 893, or is notified of an indict-
ment for an offense under subsection (a)(3), the head 
of agency shall consider taking one or more of the fol-
lowing remedial actions: 
(A) Requiring the recipient to remove an 
employee from the performance of work under the 
grant, contract, or cooperative agreement. 
(B) Requiring the recipient to terminate a 
subcontract or subgrant. 
(C) Suspending payments under the grant, 
contract, or cooperative agreement until such 
time as the recipient of the grant, contract, or 
cooperative agreement has taken appropriate re-
medial action. 
(D) Withholding award fees, consistent with 
the award fee plan, for the performance period 
in which the agency determined the contractor or 
subcontractor engaged in any of the activities de-
scribed in such section 106(g). 
(E) Declining to exercise available options 
under the contract. 
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(F) Terminating the contract for default or 
cause, in accordance with the termination clause 
for the contract. 
(G) Referring the matter to the agency sus-
pension and debarment official. 
(2) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed as limiting the scope of ap-
plicable remedies available to the Federal Govern-
ment. 
(3) MITIGATING FACTOR.—Where applicable, the 
head of an executive agency may consider whether the 
contractor or grantee had a plan in place under sec-
tion 894, and was in compliance with that plan at 
the time of the violation, as a mitigating factor in de-
termining which remedies, if any, should apply. 
(4) AGGRAVATING
FACTOR.—Where applicable, 
the head of an executive agency may consider the fail-
ure of a contractor or grantee to abate an alleged vio-
lation or enforce the requirements of a compliance 
plan when directed by a contracting officer pursuant 
to subsection (a)(1) as an aggravating factor in deter-
mining which remedies, if any, should apply. 
(d) 
INCLUSION
OF
REPORT
CONCLUSIONS
IN 
FAPIIS.— 
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(1) IN
GENERAL.—The head of an executive 
agency shall ensure that any written determination 
under subsection (b) is included in the Federal 
Awardee Performance and Integrity Information Sys-
tem (FAPIIS). 
(2) AMENDMENT TO TITLE 41, UNITED STATES 
CODE.—Section 2313(c)(1)(E) of title 41, United 
States Code, is amended to read as follows: 
‘‘(E) In an administrative proceeding— 
‘‘(i) a final determination of contractor 
fault by the Secretary of Defense pursuant 
to section 823(d) of the National Defense 
Authorization Act for Fiscal Year 2010 (10 
U.S.C. 2302 note; Public Law 111–84); or 
‘‘(ii) a final determination, pursuant 
to section 895(b)(2) of the End Trafficking 
in Government Contracting Act of 2012, 
that the contractor, a subcontractor, or an 
agent of the contractor or subcontractor en-
gaged in any of the activities described in 
section 106(g) of the Trafficking Victims 
Protection 
Act 
of 
2000 
(22 
U.S.C. 
7104(g)).’’. 
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SEC. 896. NOTIFICATION TO INSPECTORS GENERAL AND 
COOPERATION WITH GOVERNMENT. 
(a) IN GENERAL.—The head of an executive agency 
making or awarding a grant, contract, or cooperative agree-
ment shall require that the recipient of the grant, contract, 
or cooperative agreement— 
(1) immediately inform the Inspector General of 
the executive agency of any information it receives 
from any source that alleges credible information that 
the recipient; any subcontractor or subgrantee of the 
recipient; or any agent of the recipient or of such a 
subcontractor or subgrantee, has engaged in conduct 
described in section 106(g) of the Trafficking in Vic-
tims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
amended by section 3 of this Act; and 
(2) fully cooperate with any Federal agencies re-
sponsible for audits, investigations, or corrective ac-
tions relating to trafficking in persons. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 90 days after the date of the 
enactment of this Act. 
SEC. 897. EXPANSION OF FRAUD IN FOREIGN LABOR CON-
TRACTING TO INCLUDE ATTEMPTED FRAUD 
AND WORK OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—Section 1351 of title 18, United 
States Code, is amended— 
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(1) by striking ‘‘Whoever knowingly and with the 
intent to defraud recruits, solicits or hires a person 
outside the United States’’ and inserting ‘‘(a) WORK 
INSIDE
THE UNITED STATES.—Whoever knowingly 
and with the intent to defraud recruits, solicits, or 
hires a person outside the United States, or attempts 
to do so,’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) WORK OUTSIDE THE UNITED STATES.—Whoever 
knowingly and with intent to defraud recruits, solicits, or 
hires a person outside the United States, or attempts to do 
so, for purposes of employment performed on a United 
States Government contract performed outside the United 
States, or on a United States military installation or mis-
sion outside the United States or other property or premises 
outside the United States owned or controlled by the United 
States Government, by means of materially false or fraudu-
lent pretenses, representations, or promises regarding that 
employment, shall be fined under this title or imprisoned 
for not more than 5 years, or both.’’. 
(b) SPECIAL RULE FOR ALIEN VICTIMS.—No alien 
may be admitted to the United States pursuant to subpara-
graph (U) of section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)) as a result of the alien 
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being a victim of a crime described in subsection (b) of sec-
tion 1351 of title 18, United States Code, as added by sub-
section (a). 
SEC. 898. IMPROVING DEPARTMENT OF DEFENSE ACCOUNT-
ABILITY FOR REPORTING TRAFFICKING IN 
PERSONS CLAIMS AND VIOLATIONS. 
Section 105(d)(7)(H) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend-
ed— 
(1) in clause (ii), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (iii) as clause (iv); 
(3) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) all known trafficking in persons 
cases reported to the Under Secretary of De-
fense for Personnel and Readiness;’’; 
(4) in clause (iv), as redesignated by paragraph 
(2), by inserting ‘‘and’’ at the end after the semicolon; 
and 
(5) by adding at the end the following new 
clause: 
‘‘(v) all trafficking in persons activities 
of contractors reported to the Under Sec-
retary of Defense for Acquisition, Tech-
nology, and Logistics;’’. 
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SEC. 899. RULES OF CONSTRUCTION. 
(a) LIABILITY.—Excluding section 897, nothing in 
this subtitle shall be construed to supersede, enlarge, or di-
minish the common law or statutory liabilities of any 
grantee, subgrantee, contractor, subcontractor, or other 
party covered by section 106(g) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 
section 893. 
(b) AUTHORITY OF DEPARTMENT OF JUSTICE.—Noth-
ing in this subtitle shall be construed as diminishing or 
otherwise modifying the authority of the Attorney General 
to investigate activities covered by this subtitle. 
(c) PROSPECTIVE EFFECT.—Nothing in this subtitle, 
or the amendments made by this subtitle, shall be construed 
to apply to a contract or grant entered into or renewed be-
fore the date of the enactment of this subtitle. 
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TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. DEFINITION AND REPORT ON TERMS ‘‘PREPARA-
TION OF THE ENVIRONMENT’’ AND ‘‘OPER-
ATIONAL PREPARATION OF THE ENVIRON-
MENT’’ FOR JOINT DOCTRINE PURPOSES. 
(a) DEFINITIONS REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall define for purposes of joint doctrine the fol-
lowing terms: 
(1) The term ‘‘preparation of the environment’’. 
(2) The term ‘‘operational preparation of the en-
vironment’’. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the 
terms defined under subsection (a). The report shall include 
the following: 
(1) The definition of the term ‘‘preparation of 
the environment’’ pursuant to subsection (a). 
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(2) Examples of activities meeting the definition 
of the term ‘‘preparation of the environment’’ by spe-
cial operations forces and general purpose forces. 
(3) The definition of the term ‘‘operational prep-
aration of the environment’’ pursuant to subsection 
(a). 
(4) Examples of activities meeting the definition 
of the term ‘‘operational preparation of the environ-
ment’’ by special operations forces and general pur-
pose forces. 
(5) An assessment of the appropriate roles of spe-
cial operations forces and general purpose forces in 
conducting activities meeting the definition of the 
term ‘‘preparation of the environment’’ and the defi-
nition of the term ‘‘operational preparation of the en-
vironment’’. 
SEC. 902. EXPANSION OF DUTIES AND RESPONSIBILITIES 
OF THE NUCLEAR WEAPONS COUNCIL. 
(a) GUIDANCE ON NUCLEAR COMMAND, CONTROL, AND 
COMMUNICATIONS SYSTEMS.—Subsection (d) of section 179 
of title 10, United States Code, is amended— 
(1) by redesignating paragraph (10) as para-
graph (11); and 
(2) by inserting after paragraph (9) the fol-
lowing new paragraph (10): 
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