Comprehensive Contingency Contracting Reform Act of 2012 - Requires the President, in making any request for financing an overseas contingency operation (OCO), to include in such request a specific statement of the requested funds and a specific proposal to finance the amount requested. Designates the Director of the Office of Management and Budget (OMB) as the principal advisor to the President on financial matters in connection with OCOs.
Sets forth the responsibilities of specified Inspectors General for OCOs and requires the appointment of a designated lead Inspector General for any OCO that exceeds 30 days. Establishes a standing committee, chaired by the lead Inspector General, to improve oversight of OCOs.
Expands the responsibilities of Chief Acquisition Officers in federal agencies to include oversight of contracts and contracting activities for OCOs.
Includes contracts for support of OCOs in the management structure of the Department of Defense (DOD), the Department of State, and the U.S. Agency for International Development (USAID).
Requires the designation of at least one suspension and debarment official for each federal agency. Expands the bases for the suspension of contractors from contracting with the federal government.
Requires the Secretary of DOD to prescribe in regulations the chain of authority and responsibility for policy, planning, and execution of contract support for OCOs.
Requires the Chairman of the Joint Chiefs of Staff to provide annual assessments of the capability of OCOs to support current and anticipated wartime missions and to recommend resources required to improve and enhance support and planning for such operational contract support.
Establishes: (1) within the Department of State the Office of Acquisition and Logistics to oversee DOD acquisition, procurement, and logistics management activities; and (2) within USAID the Office of Acquisition and Assistance to direct, manage, and oversee USAID acquisition and procurement activities.
Requires the Secretary of State to: (1) conduct a quadrennial diplomacy and development review of U.S. diplomatic and overseas development strategy, with a view toward determining such U.S. strategy for the next 20 years; and (2) develop and administer a course for Department of State personnel on acquisition for Department of State support and participation in OCOs.
Limits periods for OCO contracts to three years for competitively bid contracts and one year for non-competitively bid contracts.
Requires agency heads to perform a comprehensive risk assessment and develop a risk mitigation plan for operational and political risks associated with contractor performance of critical functions of an OCO.
Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged the federal government under government contracts to assist federal acquisition officials in monitoring developments in such prices and conducting pricing or cost analyses.
Requires contractors and related entities to consent to personal jurisdiction for civil actions on overseas contracts valued at more than $5 million.
End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions.
Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.
Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement.
Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States to work on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
Requires the Secretaries of DOD and State and the Administrator of USAID to complete an assessment on the necessity and sustainability of a capital project for an OCO in a host country before appropriated amounts for such project may be obligated. Allows the termination of capital projects in progress that become unsustainable.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3286 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3286
To enhance security, increase accountability, and improve the
contracting of the Federal Government for overseas contingency
operations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2012
Mrs. McCaskill (for herself, Mr. Webb, Mr. Lieberman, Ms. Collins, Mr.
Franken, Mr. Blumenthal, and Mr. Sanders) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To enhance security, increase accountability, and improve the
contracting of the Federal Government for overseas contingency
operations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Contingency
Contracting Reform Act of 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR
CONTRACTING FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Government-Wide Matters
Sec. 101. Responsibilities of the President regarding financing of
overseas contingency operations.
Sec. 102. Responsibilities of the Director of the Office of Management
and Budget regarding overseas contingency
operations.
Sec. 103. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 104. Agency reports and inspector general audits of certain
information on overseas contingency
operations.
Sec. 105. Oversight of contracts and contracting activities for
overseas contingency operations in
responsibilities of Chief Acquisition
Officers of Federal agencies.
Subtitle B--Multi-Agency Matters
Sec. 111. Inclusion of contracts for support of overseas contingency
operations in management structure of
Department of Defense, Department of State,
and United States Agency for International
Development for procurement of contract
services.
Sec. 112. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the
Department of State, and the United States
Agency for International Development.
Sec. 113. Additional bases for suspension or debarment.
Subtitle C--Department of Defense Matters
Sec. 121. Responsibility within Department of Defense for contract
support for overseas contingency
operations.
Sec. 122. Inclusion of contract support in certain requirements for
Department of Defense planning.
Sec. 123. Inclusion of matters relating to contingency operations in
joint professional military education.
Subtitle D--Department of State and Related Agencies Matters
Sec. 131. Reorganization of acquisition functions of Department of
State and United States Agency for
International Development.
Sec. 132. Inclusion of contract support in certain Department of State
planning activities.
Sec. 133. Professional education for Department of State personnel on
acquisition for Department of State support
and participation in Department of Defense
overseas contingency operations.
TITLE II--TRANSPARENCY, SUSTAINABILITY, AND ACCOUNTABILITY IN CONTRACTS
FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Limitations in Contracting
Sec. 201. Limitations applicable to certain contracts in connection
with overseas contingency operations.
Sec. 202. Risk assessment and mitigation for contractor performance of
critical functions in support of overseas
contingency operations.
Sec. 203. Comptroller General of the United States review of use by the
Department of Defense, the Department of
State, and the United States Agency for
International Development of urgent and
compelling exception to competition.
Subtitle B--Enhancements of Contracting Process and Protections in
Contracting
Sec. 211. Uniform contract writing system requirements.
Sec. 212. Database on prices of items and services under Federal
contracts.
Sec. 213. Prohibition of excessive pass-through contracts and charges
in the acquisition of services.
Subtitle C--Contractor Accountability
Sec. 221. Contractor consent to jurisdiction for certain civil actions
under certain contracts for work overseas.
Sec. 222. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and
Integrity Information System.
Sec. 223. Inclusion of data on contractor performance in past
performance databases for executive agency
source selection decisions.
Subtitle D--Preventing Trafficking in Government Contracting
Sec. 231. Short title.
Sec. 232. Definitions.
Sec. 233. Contracting requirements.
Sec. 234. Compliance plan and certification requirement.
Sec. 235. Monitoring and investigation of trafficking in persons.
Sec. 236. Notification to inspectors general and cooperation with
Government.
Sec. 237. Expansion of fraud in foreign labor contracting to include
work outside the United States.
Sec. 238. Improving Department of Defense accountability for reporting
trafficking in persons claims and
violations.
Sec. 239. Rule of construction.
Subtitle E--Other Matters
Sec. 251. Sustainability requirements for certain capital projects in
connection with overseas contingency
operations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(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) Federal acquisition regulatory council.--The term
``Federal Acquisition Regulatory Council'' means the Federal
Acquisition Regulatory Council under section 1302(a) of title
41, United States Code.
(3) Overseas contingency operation.--The term ``overseas
contingency operation'' means a military operation outside the
United States and its territories and possessions that is--
(A) a contingency operation, as that term is
defined in subparagraph (A) of section 101(a)(13) of
title 10, United States Code; or
(B) a contingency operation, as that term is
defined in subparagraph (B) of section 101(a)(13) of
title 10, United States Code, but only if such
operation involves actual or potential hostilities
against an enemy of the United States or against an
opposing military force.
TITLE I--ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR
CONTRACTING FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Government-Wide Matters
SEC. 101. RESPONSIBILITIES OF THE PRESIDENT REGARDING FINANCING OF
OVERSEAS CONTINGENCY OPERATIONS.
The President shall ensure that any request to Congress for funds
for or relating to an overseas contingency operation includes the
following:
(1) A specific statement of the requested funds, broken out
by--
(A) amounts requested for each appropriations
account covered by the request; and
(B) amounts intended to be allocated to each
program, project, and activity to be funded through the
request.
(2) A specific proposal for means of financing the amount
requested, including an increase in specified revenues, a
decrease in specified programs, projects, or activities,
borrowing by the Federal Government, or other appropriate
means.
SEC. 102. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT
AND BUDGET REGARDING OVERSEAS CONTINGENCY OPERATIONS.
(a) Responsibilities Regarding Costs and Financing.--
(1) In general.--The Director of the Office of Management
and Budget shall be the principal official of the Federal
Government with responsibility for advising the President on
financial matters in connection with overseas contingency
operations, including the costs and proposed means of financing
of all programs, projects, and activities of the Federal
Government in connection with such operations.
(2) Particular responsibilities.--The responsibility of the
Director under this subsection shall include the
responsibilities as follows:
(A) To advise and report to the President on
estimates of costs in connection with overseas
contingency operations, including direct and indirect
costs, current and future costs, and anticipated
contracting costs.
(B) To identify and report to the President on
means of financing the costs of the Federal Government
in connection with overseas contingency operations,
including an increase in specified revenues, a decrease
in specified programs, projects, or activities,
borrowing by the Federal Government, or other
appropriate means.
(3) Consultation.--The Director shall carry out the
responsibility of the Director under this subsection in
consultation with the Secretary of the Treasury, the Secretary
of Defense, the Secretary of State, and other appropriate
officials of the Federal Government.
(b) Annual Reports to Congress.--Not later than 45 days after the
end of each fiscal year in which Federal funds are obligated for or in
connection with an overseas contingency operation, the Director of the
Office of Management and Budget shall submit to Congress a report on
the obligation and expenditure of Federal funds for or in relation to
the operation during such fiscal year and in the aggregate since the
commencement or designation of the operation as a contingency
operation.
SEC. 103. 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 designation of a
military operation as an overseas contingency operation that exceeds 30
days, the Inspectors General specified in subsection (b) shall have the
responsibilities specified 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.
``(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 Contingency Operations.--(1)
The Council of Inspectors General 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
operation is not underway.
``(B) The other Inspectors General specified in subsection
(b).
``(C) For the duration of any contingency operation that
exceeds 30 days, any other inspectors general 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.
``(2) The standing committee shall have such on-going
responsibilities, including planning, coordination, and development of
practices, to improve oversight of overseas contingency operations as
the chair considers appropriate.
``(3)(A) For the duration of any contingency operation that exceeds
30 days, the standing committee shall develop and update on an annual
basis a joint-strategic plan for ongoing and planned oversight of the
contingency operation by the Inspectors General specified in subsection
(b) and designated pursuant to paragraph (1)(C), including the
following:
``(i) Audit and available inspection plans.
``(ii) An overall assessment of such oversight, including
projects or areas (whether departmental or government-wide) of
concern or in need of further review.
``(iii) Such other matters as the Lead Inspector General
for the contingency operation considers appropriate.
``(B) Each plan under this paragraph, and any update of such plan,
shall be made available to the public.
``(d) Lead Inspector General for Overseas Contingency Operations.--
(1) There shall be a lead inspector general for each overseas
contingency operation that exceeds 30 days (in this section referred to
as the `Lead Inspector General' for the contingency operation
concerned).
``(2) The Lead Inspector General for a contingency operation shall
be the Inspector General of the Department of Defense, who shall assume
such role not later than 30 days after the commencement or designation
of the military operation concerned as a contingency operation.
``(e) Responsibilities of Lead Inspector General.--(1) The Lead
Inspector General for an overseas contingency operation shall have the
following responsibilities:
``(A) To conduct oversight, in full coordination with the
other Inspectors General specified in subsection (b), over all
aspects of the contingency operation and to ensure, either
through joint or individual audits, inspections, and
investigations, independent and effective oversight of all
programs and operations of all departments and agencies in the
contingency operation.
``(B) To appoint, from among the offices of the other
Inspectors General specified in subsection (b), an Inspector
General to act as Associate Inspector General for the overseas
contingency operation who shall act in a coordinating role to
assist the Lead Inspector General in the discharge of
responsibilities under this subsection.
``(C)(i) If none of the Inspectors General specified in
subsection (b) has principal jurisdiction over a matter with
respect to the contingency operation, to exercise
responsibility for discharging oversight responsibilities 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 oversight responsibilities in
accordance with this Act with respect to such matter.
``(D) To submit to Congress on a semi-annual basis, and to
make available on an Internet website available to the public,
a report on the activities of the Lead Inspector General and
the other Inspectors General specified in subsection (b) with
respect to the contingency operation, including--
``(i) the status and results of audits,
inspections, and closed investigations, and of the
number of referrals to the Department of Justice; and
``(ii) updates and changes to overall plans for the
review of the contingency operation by inspectors
general, including plans for inspections and audits.
``(E) To submit to Congress on a semi-annual basis, and to
make available on an Internet website available to the public,
a report on the contingency operation setting forth the
information specified in paragraph (2).
``(F) To carry out such other responsibilities relating to
the coordination and efficient and effective discharge by the
Inspectors General specified in subsection (b) of duties
relating to the contingency operation as the Lead Inspector
General shall specify.
``(2) The information specified in this paragraph with respect to
an overseas contingency operation is as follows:
``(A) Obligations and expenditures of appropriated funds.
``(B) A project-by-project and program-by-program
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 Development, 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 international organizations to
programs and projects for the contingency 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 programs and
projects for the contingency operation that are funded by any
department or agency of the United States Government, and any
obligations or expenditures of such revenues.
``(E) Operating expenses of agencies or entities receiving
amounts appropriated or otherwise made available for the
contingency operation.
``(F) In the case of any contract, grant, agreement, or
other funding mechanism with respect to the contingency
operation--
``(i) the amount of the contract, grant, agreement,
or other funding mechanism;
``(ii) a brief discussion of the scope of the
contract, grant, agreement, or other funding mechanism;
``(iii) a discussion of how the department or
agency of the United States Government involved in the
contract, grant, agreement, or other funding mechanism
identified, and solicited offers from, potential
individuals or entities to perform the contract, grant,
agreement, or other funding mechanism, together with a
list of the potential individuals or entities that were
issued solicitations for the offers; and
``(iv) the justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
``(3) The Lead Inspector General for an overseas contingency
operation shall discharge the responsibilities for the contingency
operation under this subsection in a manner consistent with the
authorities and requirements of this Act generally and the authorities
and requirements applicable to the Inspectors General specified in
subsection (b) under this Act.
``(f) Temporary Employment Authority.--(1) Each Inspector General
specified in subsection (b) may employ, 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 Inspector
General considers appropriate for purposes of assisting such Inspector
General in discharging responsibilities under subsection (e) with
respect to an overseas contingency operation.
``(2) The employment under this subsection of an annuitant
described in section 9902(g) of title 5, United States Code, shall be
governed by the provisions of such section as if the position to which
employed was a position in the Department of Defense.
``(3) The employment under this subsection of an annuitant
receiving an annuity under the Foreign Service Retirement and
Disability System under chapter 8 of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) shall be treated as employment in an elective
position in the Government 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 subsection for a
contingency operation shall cease as provided for in subsection (g).
``(g) Sunset for Particular Contingency Operations.--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
commencement or designation of the contingency operation in
which the total amount appropriated for the contingency
operation is less than $250,000,000 (in constant fiscal year
2012 dollars); or
``(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.
``(h) 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 operations.
``(i) Overseas Contingency Operation Defined.--In this section, the
term `overseas contingency operation' means a military operation
outside the United States and its territories and possessions that is--
``(1) a contingency operation, as that term is defined in
subparagraph (A) of section 101(a)(13) of title 10, United
States Code; or
``(2) a contingency operation, as that term is defined in
subparagraph (B) of section 101(a)(13) of title 10, United
States Code, but only if such operation involves actual or
potential hostilities against an enemy of the United States or
against an opposing military force.
``(j) Authorization of Appropriations.--(1) For each fiscal year in
which the authorities under this section are in effect for an overseas
contingency operation, there is hereby authorized to be appropriated
for each of the Department of Defense, the Department of State, and the
United States Agency for International Development for each of the
Inspectors General specified in subsection (b), respectively, for
oversight of the contingency operation under the authorities in this
section, sums in an amount equal to 0.5 percent of the amount
authorized to be appropriated for such fiscal year for such department
or agency for the programs and activities of such department or agency
for the contingency operation.
``(2) Amounts authorized to be appropriated by this subsection are
in addition to any other amounts authorized to be appropriated for the
Inspectors General referred to in paragraph (1) by law.
``(3)(A) Amounts authorized to be appropriated by this subsection
may be obligated and expended only for oversight directly related to
overseas contingency operations. Amounts authorized to be appropriated
by this subsection to one Inspector General referred to in paragraph
(1) may be made available to another Inspector General referred to in
that paragraph, upon the joint agreement of such Inspectors General,
based on personnel needs, security requirements, or such other matters
as such Inspectors General consider appropriate.
``(4) Any amounts authorized to be appropriated by this subsection
to an Inspector General that are not expended shall be deposited in the
General Fund of the Treasury.''.
(b) Conforming Amendment Relating to Temporary 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 Contingency Operations
as Temporary Organization.--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 General for an overseas
contingency operation under section 8L of the Inspector General Act of
1978 and the Inspectors General 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. 104. AGENCY REPORTS AND INSPECTOR GENERAL AUDITS OF CERTAIN
INFORMATION ON OVERSEAS 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
International Development shall each submit to the Inspector General of
the department or agency concerned the information required by
subsection (e)(2) of section 8L of the Inspector General Act of 1978
(as amended by section 103 of this Act) on the contingency operation.
(b) Inspector General Audits.--Not later than 180 days after
receipt of a report under subsection (a), each Inspector General
referred to in that subsection shall--
(1) perform an audit on the quality of the information
submitted in such report, including an assessment of the
completeness and accuracy of the information and the extent to
which the information fully satisfies the requirements of such
Inspector General in preparing the annual report described in
subsection (e)(1)(E) of section 8L of the Inspector General Act
of 1978 (as so amended); and
(2) submit to the appropriate committees of Congress a
report on the reliability, accuracy, and completeness of the
information, including any significant problems in such
information.
SEC. 105. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES FOR
OVERSEAS CONTINGENCY OPERATIONS IN RESPONSIBILITIES OF
CHIEF ACQUISITION OFFICERS OF FEDERAL AGENCIES.
(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 following new
subparagraph (F):
``(F) advising the executive agency on the applicability of
relevant policy on the contracts of the agency for overseas
contingency operations and ensuring the compliance of the
contracts and contracting activities of the agency with such
policy;''.
(b) Definition.--Such section is further amended by adding at the
following new subsection:
``(d) Overseas Contingency Operations Defined.--In this section,
the term `overseas contingency operations' means military operations
outside the United States and its territories and possessions that
are--
``(1) a contingency operation, as that term is defined in
subparagraph (A) of section 101(a)(13) of title 10; or
``(2) a contingency operation, as that term is defined in
subparagraph (B) of such section, but only if such operation
involves actual or potential hostilities against an enemy of
the United States or against an opposing military force.''.
Subtitle B--Multi-Agency Matters
SEC. 111. INCLUSION OF CONTRACTS FOR SUPPORT OF OVERSEAS CONTINGENCY
OPERATIONS IN MANAGEMENT STRUCTURE OF DEPARTMENT OF
DEFENSE, DEPARTMENT OF STATE, AND UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT FOR PROCUREMENT OF CONTRACT
SERVICES.
(a) Department of Defense.--Section 2330(c) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking ``other than services''
and all that follows and inserting ``including services in
support of overseas contingency operations. The term does not
include services relating to research and development or
military construction.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `overseas contingency operations' means
military operations outside the United States and its
Commonwealths and possessions that are--
``(A) a contingency operation, as that term is
defined in subparagraph (A) of section 101(a)(13) of
this title; or
``(B) a contingency operation, as that term is
defined in subparagraph (B) of such section, but only
if such operation involves actual or potential
hostilities against an enemy of the United States or
against an opposing military force.''.
(b) Department of State.--
(1) In general.--The Secretary of State shall establish and
implement a management structure for the procurement of
contract services for the Department of State.
(2) Elements.--The management structure required by this
subsection shall include such elements of the management
structure for the procurement of contract services for the
Department of Defense under section 2330 of title 10, United
States Code (as amended by subsection (a)), as the Secretary of
State considers appropriate for the procurement of contract
services.
(3) Discharge of principal responsibilities.--Any
responsibility in the management structure for the procurement
of contract services for the Department of State under this
subsection that is derived from a responsibility discharged by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics under section 2330 of title 10, United States Code
(as so amended), shall be discharged in the management
structure under this subsection by the Director of Acquisition
and Logistics of the Department of State under section 63 of
the State Department Basic Authorities Act of 1956 (as added by
section 131(a) of this Act).
(c) USAID.--
(1) In general.--The Administrator of the United States
Agency for International Development shall establish and
implement a management structure for the procurement of
contract services for the United States Agency for
International Development.
(2) Elements.--The management structure required by this
subsection shall include such elements of the management
structure for the procurement of contract services for the
Department of Defense under section 2330 of title 10, United
States Code (as amended by subsection (a)), as the
Administrator considers appropriate for the procurement of
contract services.
(3) Discharge of principal responsibilities.--Any
responsibility in the management structure for the procurement
of contract services for the United States Agency for
International Development under this subsection that is derived
from a responsibility discharged by the Under Secretary of
Defense for Acquisition, Technology, and Logistics under
section 2330 of title 10, United States Code (as so amended),
shall be discharged in the management structure under this
subsection by the Director of Acquisition and Assistance of the
United States Agency for International Development under
section 131(b) of this Act.
(d) Contract Services Defined.--In this section the term ``contract
services'' includes all services acquired from private sector entities
by or for an agency, including services in support of activities of the
agency in connection with overseas contingency operations.
(e) Reports to Congress.--
(1) Reports required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense,
the Secretary of State, and the Administrator of the United
States Agency for International Development shall each submit
to the appropriate committees of Congress a report on the
implementation by the department or agency concerned of this
section and the amendments made by this section, as applicable.
(2) Elements for department of state and usaid.--The report
of the Secretary of State and the Administrator of the United
States Agency for International Development under this
subsection shall each set forth the following:
(A) A comprehensive description of the management
structure established and implemented by the department
or agency, as the case may be, under this section.
(B) An identification of any elements of the
management structure of the Department of Defense under
section 2330 of title 10, United States Code (as
amended by subsection (a)), that are not included in
the management structure of the department or agency,
as the case may be, and a justification for the
omission of such elements.
(C) An identification of any elements of the
management structure of the department or agency, as
the case may be, that are not included in the
management structure of the Department of Defense, and
a justification for the inclusion of such elements.
SEC. 112. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND DEBARMENT
OFFICIALS OF THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF
STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(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 Defense, 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 International
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 Defense,
either the Department of Defense or the military
department or Defense Agency concerned; and
(B) in the case of any other covered agency, the
acquisition office or the Inspector General of such
agency.
(3) The duties of a suspension and debarment official under
paragraph (1) may include only the following:
(A) The direction, management, and oversight of
suspension and debarment activities.
(B) The direction, management, and oversight of
fraud remedies activities.
(C) Membership and participation in the Interagency
Committee on Debarment and Suspension 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).
(4) Each suspension and debarment official under paragraph
(1) shall have a staff and resources adequate for the discharge
of the suspension and debarment responsibilities of such
official.
(5) Each suspension and debarment official under paragraph
(1) shall document the basis for any final decision taken
pursuant to a formal referral in accordance with the policies
established under paragraph (6), including, but not limited to,
the following:
(A) Any final decision to suspend or debar any
person or entity.
(B) Any final decision not to suspend or debar any
person or entity.
(C) Any final decision declining to pursue
suspension 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) Each suspension and debarment official under paragraph
(1) shall, in consultation with the General Counsel of the
covered agency concerned, establish in writing policies for the
consideration of the following:
(A) Formal referrals of suspension and debarment
matters.
(B) Suspension and debarment matters that are not
formally 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 Debarment and Suspension.--
Section 873 of the Duncan Hunter 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 ``, including
with respect to contracts in connection with
contingency operations'' before the semicolon; 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 ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) a summary of suspensions, debarments, and
administrative agreements during the previous year.'';
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 submitted not later than 120
days after the end of the first fiscal year ending after the date of
the enactment of the Comprehensive Contingency Contracting Reform Act
of 2012, 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 Debarment and
Suspension' means the committee constituted under sections 4
and 5 of Executive Order No. 12549.''.
SEC. 113. ADDITIONAL BASES FOR SUSPENSION OR DEBARMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation to provide for the automatic
referral of a person described in subsection (b) to the appropriate
suspension and debarment official for a determination 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 Federal criminal
offense relating to the award or performance of a contract of a
covered agency.
(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 a covered agency.
(3) A person who has been determined by the head of a
contracting agency of a covered agency 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 covered
agency.
(c) Covered Agency Defined.--In this section, 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.
Subtitle C--Department of Defense Matters
SEC. 121. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR CONTRACT
SUPPORT FOR OVERSEAS CONTINGENCY OPERATIONS.
(a) Responsibility.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe in regulations the chain of authority and
responsibility within the Department of Defense for policy,
planning, and execution of contract support for overseas
contingency operations.
(2) Elements.--The regulations under paragraph (1) shall,
at a minimum--
(A) specify the officials, offices, and components
of the Department within the chain of authority and
responsibility described in paragraph (1);
(B) identify for each official, office, and
component specified under subparagraph (A)--
(i) requirements for policy, planning, and
execution of contract support for overseas
contingency operations, including, at a
minimum, requirements in connection with--
(I) coordination of functions,
authorities, and responsibilities
related to operational contract support
for overseas contingency operations;
(II) assessments of total force
data in support of Department force
planning scenarios, including the
appropriateness of and necessity for
the use of contractors for identified
functions;
(III) determinations of capability
requirements for non-acquisition
community operational contract support,
and identification of resources
required for planning, training, and
execution to meet such requirements;
(IV) determinations of policy
regarding the use of contractors by
function, and identification of the
training exercises that will be
required for contract support
(including an assessment whether or not
such exercises will include
contractors); and
(V) establishment of an inventory,
and identification of areas of high-
risk and trade-offs, for use of
contract support in overseas
contingency operations and for areas in
which members of the Armed Forces will
be used in such operations instead of
contract support; and
(ii) roles, authorities, responsibilities,
and lines of supervision for the achievement of
the requirements identified under clause (i),
including the position within the chain of
authority and responsibility described in
paragraph (1) with responsibility for reporting
directly to the Secretary regarding policy,
planning, and execution of contract support for
overseas contingency operations; and
(C) ensure that the chain of authority and
responsibility described in paragraph (1) is
appropriately aligned with, and appropriately
integrated into, the structure of the Department for
the conduct of overseas contingency operations,
including the military departments, the Joint Staff,
and the commanders of the unified combatant commands.
(b) Secretary of Defense Report.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the regulations
prescribed under subsection (a). The report shall set forth the
following:
(1) The regulations.
(2) A comprehensive description of the requirements
identified under clause (i) of subsection (a)(2)(B), and a
comprehensive description of the manner in which the roles,
authorities, responsibilities, and lines of supervision under
clause (ii) of that subsection will further the achievement of
such requirements.
(3) A comprehensive description of the manner in which the
regulations will meet the requirements in subsection (a)(2)(C).
(c) 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 regulations prescribed under subsection (a). The report
shall set forth an assessment by the Comptroller General of the extent
to which the regulations will further the achievement by the Department
of Defense of efficient and effective policy, planning, and execution
of contract support for overseas contingency operations.
(d) Annual Reports on Contract Support for Overseas Contingency
Operations Involving Combat Operations.--
(1) In general.--Not later than one year after the
commencement or designation of a contingency operation outside
the United States that includes combat operations, and annually
thereafter until the termination of the operation, the
Secretary of Defense shall, except as provided in paragraph
(2), submit to the appropriate committees of Congress a report
on contract support for the operation.
(2) Exception.--If the total annual amount of obligations
for contracts for support of a contingency operation otherwise
described by paragraph (1) do not exceed $250,000,000 in an
annual reporting period otherwise covered by that paragraph, no
report shall be required on the operation under that paragraph
for that annual reporting period.
(3) Elements.--
(A) In general.--Each report under paragraph (1)
regarding an operation shall set forth the following:
(i) A description and assessment of the
policy, planning, management, and oversight of
the Department of Defense with respect to
contract support for the operation.
(ii) With respect to contracts entered into
in connection with the operation:
(I) The total number of contracts
entered into as of the date of such
report.
(II) The total number of such
contracts that are active as of such
date.
(III) The total value of contracts
entered into as of such date.
(IV) The total value of such
contracts that are active as of such
date.
(V) An identification of the extent
to which the contracts entered into as
of such date were entered into using
competitive procedures.
(VI) The total number of contractor
personnel working under contracts
entered into as of the end of each
calendar quarter during the one-year
period ending on such date.
(VII) The total number of
contractor personnel performing
security functions under contracts
entered into as of the end of each
calendar quarter during the one-year
period ending on such date.
(VIII) The total number of
contractor personnel killed or wounded
under any contracts entered into.
(iii) The sources of information and data
used to prepare the portion of such report
required by clause (ii).
(iv) A description of any known limitations
of the information or data reported under
clause (ii), including known limitations in
methodology or data sources.
(v) Any plans for strengthening collection,
coordination, and sharing of information on
contracts entered into in connection with the
operation.
(B) Estimates.--In determining the total number of
contractor personnel working under contracts for
purposes of subparagraph (A)(ii)(VI), the Secretary may
use estimates for any category of contractor personnel
for which the Secretary determines it is not feasible
to provide an actual count. Each report under paragraph
(1) shall fully disclose the extent to which such an
estimate is used in lieu of an actual count.
(4) Prohibition on preparation by contractor personnel.--A
report under paragraph (1) may not be prepared by contractor
personnel.
(5) Use of existing reports for certain contingency
operations.--The requirement to submit reports under paragraph
(1) on a contingency operation in Iraq or Afghanistan may be
met by the submittal of the reports required by section 863 of
the National Defense Authorization Act for Fiscal Year 2008 (10
U.S.C. 2302 note).
SEC. 122. INCLUSION OF CONTRACT SUPPORT IN CERTAIN REQUIREMENTS FOR
DEPARTMENT OF DEFENSE PLANNING.
(a) Readiness Reporting System.--Section 117(c) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(8) Measure, on an annual basis, the capability of
operational contract support to support current and anticipated
wartime missions of the armed forces.''.
(b) Contingency Planning and Preparedness Functions of CJCS.--
Section 153(a)(3) of such title is amended by adding at the end the
following new subparagraph:
``(E) In coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the Secretaries of
the military departments, the heads 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.''.
SEC. 123. INCLUSION OF MATTERS RELATING TO CONTINGENCY OPERATIONS IN
JOINT PROFESSIONAL MILITARY EDUCATION.
(a) In General.--Section 2151(a) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) Contingency operations.''.
(b) Curriculum for Three-Phase Approach.--Section 2154 of such
title is amended by adding at the end the following new subsection:
``(c) Curriculum Relating to Contingency Operations.--(1) The
curriculum for each phase of joint professional military education
implemented under this section shall include content appropriate for
such phase on the following:
``(A) Requirements definition.
``(B) Contingency program management.
``(C) Contingency contracting.
``(D) The strategic impact of contracting costs on military
missions.
``(2) In this subsection, the terms `requirements definition',
`contingency program management', and `contingency contracting' have
the meaning given those terms in section 2333(f) of this title.''.
Subtitle D--Department of State and Related Agencies Matters
SEC. 131. REORGANIZATION OF ACQUISITION FUNCTIONS OF DEPARTMENT OF
STATE AND UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Office of Acquisition and Logistics Within Department of
State.--
(1) Establishment.--Title I of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by
adding at the end the following new section:
``SEC. 63. OFFICE OF ACQUISITION AND LOGISTICS.
``(a) Establishment.--There is established within the Department of
State the Office of Acquisition and Logistics.
``(b) Director of Acquisition and Logistics.--
``(1) In general.--The head of the Office of Acquisition
and Logistics shall be the Director of Acquisition and
Logistics, who shall be appointed or designated by the
Secretary in the manner provided in section 1702(a) of title
41, United States Code.
``(2) Supervision.--The Director of the Office of
Acquisition and Logistics shall report directly to the
Secretary regarding the functions and activities of the Office
of Acquisition and Logistics. The Director shall also be
subject to the supervision of the Deputy Secretary of State for
Management and Resources regarding such functions and
activities. The Office shall be under the jurisdiction of the
Under Secretary of State for Management for administrative
purposes and to facilitate collaboration with other offices and
bureaus of the Department of State.
``(3) Chief acquisition officer.--The Director of the
Office of Acquisition and Logistics shall be the Chief
Acquisition Officer of the Department of State for purposes of
section 1702 of title 41, United States Code.
``(c) Functions of Office.--The functions of the Office of
Acquisition and Logistics shall include principal responsibility within
the Department of State for the acquisition, procurement, and logistics
management activities of the Department, including, but not limited to,
the following:
``(1) The development and implementation of Department
policies regarding acquisition, procurement, and logistics
management.
``(2) The provision of advice to offices, bureaus, and
other elements of the Department on the acquisition,
procurement, and logistics management policies of the
Department.
``(3) The direction, management, and oversight of
acquisition and procurement by the offices, bureaus, and other
elements of the Department, including the regional procurement
offices of the Department.
``(4) The direction, management, and oversight of the
performance of contracting activities for Department
operations.
``(5) Such other matters relating to the acquisition,
procurement, and logistics management activities of the
Department as the Secretary considers appropriate.
``(d) Resources.--The Office of Acquisition and Logistics shall
have such personnel and other resources as the Secretary considers
appropriate to discharge its functions.''.
(2) Transfer of certain functions, personnel, and
resources.--There is hereby transferred to the Office of
Acquisition and Logistics of the Department of State
established by section 63 of the State Department Basic
Authorities Act of 1956 (as added by paragraph (1)) the
following:
(A) The functions, personnel, and resources of the
Office of the Procurement Executive of the Bureau of
Administration of the Department of State as of the
date of the enactment of this Act.
(B) The functions, personnel, and resources of the
Office of the Logistics Management of the Bureau of
Administration of the Department of State as of the
date of the enactment of this Act.
(3) Administration.--The Under Secretary of State for
Management shall administer the functions, personnel, and
resources transferred under paragraph (2) as part of the Office
of Acquisition and Logistics of the Department of State (as so
established).
(b) Office of Acquisition and Assistance Within USAID.--
(1) Establishment.--There is established within the United
States Agency for International Development the Office of
Acquisition and Assistance.
(2) Director.--
(A) In general.--The head of the Office of
Acquisition and Assistance shall be the Director of
Acquisition and Assistance, who shall be appointed or
designated by the Administrator of the United States
Agency for International Development in the manner
provided for appointments or designations of chief
acquisition officers under section 1702(a) of title 41,
United States Code, as if the United States Agency for
International Development were an executive agency to
which such section 1702(a) applied.
(B) Supervision.--The Director of Acquisition and
Assistance shall report directly to the Administrator
of the United States Agency for International
Development regarding the functions and activities of
the Office of Acquisition and Assistance.
(C) Chief acquisition officer.--The Director of
Acquisition and Assistance shall be the Chief
Acquisition Officer of the United States Agency for
International Development, and shall discharge for the
Agency the functions specified of a chief acquisition
officer in section 1702(b) of title 41, United States
Code.
(3) Function of office.--The Office of Acquisition and
Assistance shall be the element of the United States Agency for
International Development principally responsible for the
direction, management, and oversight of the acquisition and
procurement activities of the Agency for International
Development.
(4) Resources.--The Office of Acquisition and Assistance
shall have the personnel and resources as follows:
(A) The personnel and resources of the Office of
Acquisition and Assistance of the Bureau for Management
of the United States Agency for International
Development as of the date of the enactment of this
Act, which personnel and resources the Administrator
shall transfer to the Office of Acquisition and
Assistance established by this subsection.
(B) Such other personnel and resources as the
Administrator considers appropriate for the discharge
of the functions of the Office of Acquisition and
Assistance.
(c) Annual Reports on Contract Support for Overseas Contingency
Operations.--
(1) In general.--Not later than one year after the
commencement or designation of a contingency operation outside
the United States that includes combat operations, and annually
thereafter until the termination of the operation, the
Secretary of State and the Administrator of the United States
Agency for International Development shall, except as provided
in paragraph (2), each submit to the appropriate committees of
Congress a report on contract support for the operation for the
Department of State or the United States Agency for
International Development, as the case may be.
(2) Exception.--If the total annual amount appropriated for
an overseas contingency operation otherwise described by
paragraph (1) does not exceed $250,000,000 in an annual
reporting period otherwise covered by that paragraph, no report
shall be required on the operation under that paragraph for
that annual reporting period.
(3) Elements.--Each report of an agency under paragraph (1)
regarding an operation shall set forth the following:
(A) A description and assessment of the policy,
planning, management, and oversight of the agency with
respect to contract support for the operation.
(B) With respect to contracts entered into in
connection with the operation:
(i) The total number of contracts entered
into as of the date of such report.
(ii) The total number of such contracts
that are active as of such date.
(iii) The total value of contracts entered
into as of such date.
(iv) The total value of such contracts that
are active as of such date.
(v) An identification of the extent to
which the contracts entered into as of such
date were entered into using competitive
procedures.
(vi) The total number of contractor
personnel working under contracts entered into
as of the end of each calendar quarter during
the one-year period ending on such date.
(vii) The total number of contractor
personnel performing security functions under
contracts entered into as of the end of each
calendar quarter during the one-year period
ending on such date.
(viii) The total number of contractor
personnel killed or wounded under any contracts
entered into.
(C) The sources of information and data used to
prepare the portion of such report required by
subparagraph (B).
(D) A description of any known limitations of the
information or data reported under subparagraph (B),
including known limitations in methodology or data
sources.
(E) Any plans for strengthening collection,
coordination, and sharing of information on contracts
entered into in connection with the operation.
(4) Estimates.--In determining the total number of
contractor personnel working under contracts for purposes of
paragraph (3)(B)(vi), the Secretary or the Administrator may
use estimates for any category of contractor personnel for
which the commander determines it is not feasible to provide an
actual count. Each report under paragraph (2) shall fully
disclose the extent to which such an estimate is used in lieu
of an actual count.
(5) Prohibition on preparation by contractor personnel.--A
report under this subsection may not be prepared by contractor
personnel.
SEC. 132. INCLUSION OF CONTRACT SUPPORT IN CERTAIN DEPARTMENT OF STATE
PLANNING ACTIVITIES.
(a) QDDR.--Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.), as amended by section 131(a) of this
Act, is further amended by adding at the end the following new section:
``SEC. 64. QUADRENNIAL DIPLOMACY AND DEVELOPMENT REVIEW.
``(a) Review Required.--The Secretary shall, every four years
during a year following a year evenly divisible by four, conduct a
comprehensive examination (to be known as the `quadrennial diplomacy
and development review') of the diplomatic and overseas development
strategy of the United States with a view toward determining and
expressing the diplomatic and overseas development strategy of the
United States for the next 20 years.
``(b) Elements.--Each quadrennial diplomacy and development review
shall include the following:
``(1) The matters included in the quadrennial diplomacy and
development review conducted by the Department of State in
2010, as modified from time to time by the Secretary.
``(2) With respect to contract support of the diplomatic
and overseas development strategy of the United States, the
following:
``(A) The assumptions used in the review on the
roles and responsibilities that would be discharged by
contractors.
``(B) The contract support required to support the
programs and activities of the Department.
``(C) The appropriate ratio of Department personnel
to contractor personnel in the discharge of the
programs and activities of the Department.
``(3) Such other matters as the Secretary considers
appropriate.
``(c) Prohibition on Performance by Contractor Personnel.--A
quadrennial diplomacy and development review under this section may not
be performed by contractor personnel.''.
(b) Readiness Reporting.--
(1) Reporting system required.--As part of the planning of
the Department of State and the United States Agency for
International Development for the discharge of the programs and
activities of the Department and Agency, the Secretary of State
and the Administrator of the United States Agency for
International Development shall each establish a reporting
system on the readiness of the Department and the Agency,
respectively, to manage and oversee non-governmental employees
of the Department and the Agency supporting the Department and
the Agency in the discharge of their programs and activities.
(2) Elements.--The reporting system required by this
subsection shall do the following:
(A) Measure, on a quarterly basis, the capability
of contract support of the Department and the Agency to
support current and anticipated programs and activities
of the Department and the Agency.
(B) Measure, on such frequency as the Secretary and
the Administrator shall each specify, such other
matters with respect to contract support of the
Department and the Agency, respectively, as the
Secretary and the Administrator consider appropriate
for the reporting system.
(3) Repositories of policies and related documents.--Not
later than 270 days after the date of the enactment of this
Act, the Secretary and the Administrator shall each develop and
maintain a repository of the policies, guidance, programs, and
initiatives of the Department or Agency, respectively, on
acquisition and assistance in connection with overseas
contingency operations, including those developed through
Embassies or Missions. The purpose of each repository is to
serve as a source of ready information on such policies,
guidance, programs, and initiatives for use in current and
future overseas contingency operations.
(4) Reports.--Not later than one year after the date of the
enactment of this Act, and annually throughout the duration of
any overseas contingency operation, the Secretary and the
Administrator shall each submit to the appropriate committees
of Congress a report on the status of efforts of the Department
and the Agency, respectively, to develop and maintain
information in accordance with the requirements of this
subsection.
SEC. 133. PROFESSIONAL EDUCATION FOR DEPARTMENT OF STATE PERSONNEL ON
ACQUISITION FOR DEPARTMENT OF STATE SUPPORT AND
PARTICIPATION IN DEPARTMENT OF DEFENSE OVERSEAS
CONTINGENCY OPERATIONS.
(a) Professional Education Required.--The Secretary of State shall
develop and administer for Department 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
participation in, overseas contingency operations of the Department of
Defense.
(b) Covered Department of State Personnel.--The Department of State
personnel specified in this subsection are as follows:
(1) The Director of Acquisition and Logistics of the
Department of State under section 63 of the State Department
Basic Authorities Act of 1956 (as added by section 131(a) of
this Act).
(2) Personnel of the Department designated by the Director
of Acquisition and Logistics, 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 professional
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 Department of State.
(D) Such other matters relating to acquisition by
the Department of State for Department of State support
for, or participation in, overseas contingency
operations of the Department of Defense as the
Secretary of State considers appropriate.
(2) Phased approach.--The course of professional 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 phases of professional advancement within the
Department.
(d) Definitions.--In this section:
(1) The term ``contingency contracting'' means all stages
of the process of acquiring property or services by the
Department of State for Department of State support for, and
participation in, overseas contingency operations of the
Department of Defense.
(2) The term ``contingency program management'' 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
participation in, overseas contingency operations of the
Department of Defense.
TITLE II--TRANSPARENCY, SUSTAINABILITY, AND ACCOUNTABILITY IN CONTRACTS
FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Limitations in Contracting
SEC. 201. LIMITATIONS APPLICABLE TO CERTAIN CONTRACTS IN CONNECTION
WITH OVERSEAS CONTINGENCY OPERATIONS.
(a) Limitation on Contract Periods.--Not later than 90 days after
the date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall amend the Federal Acquisition Regulation to
provide that, commencing 180 days after the date of the commencement or
designation of a military operation as an overseas contingency
operation, the contract period of contracts entered into by a covered
agency in connection with such contingency operation shall be limited
to the contract periods specified in subsection (b), except as provided
in subsection (c).
(b) Contract Periods.--The contract periods specified in this
subsection are as follows:
(1) Three years in the case of competitively bid contracts.
(2) One year in the case of non-competitively bid contracts
and competitively bid contracts for which only one offer was
received by the covered agency.
(c) Waiver.--The amendment of the Federal Acquisition Regulation
required by subsection (a) shall provide that the head of a covered
agency may waive the applicability of the limitations in subsection (b)
to a contract if--
(1) the contracting officer certifies in writing as part of
a justification and approval (J&A) that the agency has
concluded, on the basis of market research conducted for
purposes of the justification and approval, that--
(A) the period of performance for the contract in
excess of the limitations in subsection (b) will be in
the best interest of the United States; and
(B) the offeror has submitted information in a bid
or proposal sufficient to show that representations by
the offeror about the offeror's ability to timely,
sufficiently, and cost-effectively perform the
contract, if awarded, are reasonable;
(2) the contracting officer conducts the cost analysis
required by section 15.404-1 of the Federal Acquisition
Regulation; and
(3) the head of the agency determines in writing based on
the information obtained pursuant to paragraphs (1) and (2)
that the waiver is in the best interests of the United States.
(d) Covered Agency Defined.--In this section, 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.
SEC. 202. RISK ASSESSMENT AND MITIGATION FOR CONTRACTOR PERFORMANCE OF
CRITICAL FUNCTIONS IN SUPPORT OF OVERSEAS CONTINGENCY
OPERATIONS.
(a) Comprehensive Risk Assessment and Mitigation Plan Required.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than six months after the commencement or designation of
an overseas contingency operation that includes or is expected
to include combat operations, the head of each covered agency
shall perform a comprehensive risk assessment and develop a
risk mitigation plan for operational and political risks
associated with contractor performance of critical functions in
support of the operation for such covered agency.
(2) Exceptions.--Except as provided in paragraph (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 continue 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 operation is not expected to
exceed, $250,000,000 in any fiscal year.
(3) Termination of exceptions.--Notwithstanding 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 assessment 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 following occurs:
(A) The operation has continued for more than one
year.
(B) The total amount of obligations by the United
States Government for contracts for support of or in
connection with the operation has exceeded $250,000,000
in a fiscal year.
(b) Comprehensive Risk Assessments.--A comprehensive risk
assessment for an overseas contingency operation 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 sensibilities).
(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 available).
(3) The safety of military and civilian personnel of the
United States if the presence or performance of contractor
personnel creates unsafe conditions or invites attack.
(4) The managerial control of the Government over the
operation (such as risks from over-reliance on contractors to
monitor other contractors with inadequate means for Government
personnel to monitor their work).
(5) The critical organic or core capabilities of the
Government, including critical knowledge or institutional
memory of key operations areas and subject-matter expertise.
(6) The ability of the Government to control costs, avoid
organizational or personal conflicts of interest, 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 performed under subsection
(a)--
(A) specific actions to mitigate or reduce such
risk, including, but not limited to, the development of
alternative capabilities to reduce reliance on
contractor performance of critical functions;
(B) measurable milestones for the implementation of
planned risk mitigation or risk reduction measures; and
(C) a process for monitoring, measuring, and
documenting progress in mitigating or reducing risk.
(2) A continuing process for identifying and addressing new
and changed risks arising in the course of the operation,
including the periodic reassessment of risks and the
development of appropriate risk mitigation 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 setting forth a summary description of the
assessment and plan, including a description of the risks
identified 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 section, critical
functions include, at a minimum, the following:
(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).
(2) Training and advising government personnel, including
military and security personnel, of a host nation.
(3) Conducting intelligence or information operations.
(4) Any other functions that are closely associated with
inherently governmental functions, including the functions set
forth in section 7.503(d) of the Federal Acquisition
Regulation.
(f) Covered Agency Defined.--In this section, 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.
SEC. 203. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF USE BY THE
DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OF
URGENT AND COMPELLING EXCEPTION TO COMPETITION.
(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 Development of the
unusual and compelling urgency exception to full and open
competition provided in section 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 required by subsection (a) shall
include a review of the following:
(1) The pattern of use of the exception by acquisition
organizations within the Department of Defense, the Department
of State, and the United States Agency for International
Development in order to determine 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 justifications
involving the exception.
(4) Whether the justifications for use of the exception
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 appropriately documented and
justified.
(6) The compliance of the Department of Defense, the
Department of State, and the United States Agency for
International Development with the requirements 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 duration 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 submit to the
appropriate committees of Congress a report on the review required by
subsection (a), including a discussion 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
appropriate.
Subtitle B--Enhancements of Contracting Process and Protections in
Contracting
SEC. 211. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS.
(a) Uniform Standards and Controls Required.--Not later than 180
days after the date of the enactment of this Act, the officials
specified in subsection (b) shall--
(1) establish uniform data standards, internal control
requirements, independent verification and validation
requirements, and business process rules for processing
procurement requests, contracts, receipts, 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) Phase-In of Implementation of Requirement for Approved
Systems.--The officials specified in subsection (b) may phase in the
implementation of the requirement 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.
(d) Reports.--Not later than 180 days after the date of the
enactment of this Act, the officials specified in subsection (b) shall
each submit to the appropriate committees of Congress a report on the
implementation of the requirements 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 systems
approved pursuant to subsection (a)(2) and, if multiple systems
are approved, explain why the use of such multiple systems is
the most efficient and effective 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 accordance with
subsections (a)(3) and (b).
(e) Executive Agencies Defined.--In this section, the term
``executive agencies'' has the meaning given that term in section 133
of title 41, United States Code.
SEC. 212. DATABASE ON PRICES 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 following new
section:
``Sec. 3312. Database on prices of items and services under Federal
contracts
``(a) Database Required.--The Administrator shall establish and
maintain a database of information on the prices charged the Federal
Government for items and services under contracts with the Federal
Government. The information in the database shall be designed to assist
Federal acquisition officials in the following:
``(1) Monitoring developments in the prices of items and
services charged the Federal Government 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 determinations of the
reasonableness of prices for items and services under such
offers.
``(b) Use.--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) Clerical amendment.--The table of sections at the
beginning of chapter 33 of such title is amended by adding at
the end the following new item:
``3312. Database on prices 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. 213. PROHIBITION OF EXCESSIVE PASS-THROUGH CONTRACTS AND CHARGES
IN THE ACQUISITION OF SERVICES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation to--
(1) prohibit the award of a covered contract or task order
unless the contractor agrees that at least 50 percent of the
direct labor cost of services to be performed under the
contract or task order will be expended for employees of the
contractor or of a subcontractor that is specifically
identified and authorized to perform such work in the contract
or task order;
(2) provide that the contracting officer for a covered
contract or task order may authorize reliance upon a
subcontractor or subcontractors to meet the requirement in
paragraph (1) only upon a written determination that such
reliance is in the best interest of the executive agency
concerned, after taking into account the added cost for
overhead (including general and administrative costs) and
profit that may be incurred as a result of the pass-through;
(3) require the contracting officer for a covered contract
or task order for which more than 70 percent of the direct
labor cost of services to be performed will be expended for
persons other than employees of the contractor to ensure that
amounts paid to the contractor for overhead (including general
and administrative costs) and profit are reasonable in relation
to the cost of direct labor provided by employees of the
contractor and any other costs directly attributable to the
management of the subcontract by employees of the contractor;
and
(4) include such exceptions to the requirements in
paragraphs (1) through (3) as the Council considers appropriate
in the interest of the United States.
(b) Covered Contract or Task Order Defined.--In this section, the
term ``covered contract or task order'' means a contract or task order
for the performance of services (other than construction) with a value
in excess of the simplified acquisition threshold that is entered into
for or on behalf of an executive agency, except that such term does not
include any contract or task order that provides a firm, fixed price
for each task to be performed and is--
(1) awarded on the basis of adequate price competition; or
(2) for the acquisition of commercial services as defined
in paragraphs (5) and (6) of section 103 of title 41, United
States Code.
(c) Effective Date.--The requirements of this section shall apply
to--
(1) covered contracts that are awarded on or after the date
that is 90 days after the date of the enactment of this Act;
and
(2) covered task orders that are awarded on or after the
date that is 90 days after the date of the enactment of this
Act under contracts that are awarded before, on, or after such
date.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given that term in section 133 of
title 41, United States Code.
(e) Conforming Repeal.--Section 852 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2340) is
repealed.
Subtitle C--Contractor Accountability
SEC. 221. CONTRACTOR CONSENT TO JURISDICTION FOR CERTAIN CIVIL ACTIONS
UNDER CERTAIN CONTRACTS FOR WORK OVERSEAS.
(a) Consent to Jurisdiction.--The Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation to require that
any covered contract provides that--
(1) the contractor consents to personal jurisdiction over
the contractor with respect to any covered civil action,
including a covered civil action against one or more employees
of the contractor for which the contractor may be liable under
theories of vicarious liability;
(2) the contractor consents to personal jurisdiction in the
United States District Court for the District of Columbia for a
covered civil action in which--
(A) the events giving rise to the cause of action
occurred outside the United States; and
(B) personal jurisdiction cannot be established in
another Federal court;
(3) consent to personal jurisdiction under paragraph (2)
shall not operate to deprive or terminate personal jurisdiction
of the contractor in any court that otherwise has personal
jurisdiction under another provision of law or to limit any
cause of action or remedy under any other provision of law;
(4) if the covered contract was awarded to a contractor
that does not maintain an office in the United States, the
contractor shall designate an agent located in the United
States for service of process in any covered civil action;
(5) except as provided in paragraph (6), any covered civil
action shall be analyzed in accordance with the laws of the
United States; and
(6) the substantive law of the State (including the
District of Columbia) in which the covered civil action is
brought shall be the law applicable to a covered civil action
if--
(A) the substantive law otherwise applicable to the
covered civil action would be the law of the location
where the events giving rise to the cause action
occurred; and
(B) the location is designated as a hazardous duty
zone by the Secretary of Defense.
(b) Applicability.--The amendment to the Federal Acquisition
Regulation made under subsection (a) shall apply with respect to any
covered contract that is entered into on or after the effective date of
the amendment under subsection (a).
(c) Definitions.--In this section:
(1) The term ``contractor'', with respect to a covered
contract, includes the contractor under the contract, any
subcontractor under the contract, any subordinate contractor
under the contract, any subsidiary, parent company, or
successor entity of the contractor formed to act as a successor
in interest of the contractor, and any employee thereof
performing work under or in connection with the contract.
(2) The term ``covered civil action'' means the following:
(A) A civil action alleging a rape or sexual
assault of or serious bodily injury to a member of the
Armed Forces of the United States, a civilian employee
of the United States, or an employee of a company
performing work arising out of the performance of a
covered contract for the United States who is a citizen
or national of the United States.
(B) A civil action alleging the wrongful death of a
member of the Armed Forces of the United States, a
civilian employee of the United States, or an employee
of a company performing work arising out of the
performance of a covered contract for the United States
who is a citizen or national of the United States
brought by a family member of the deceased.
(3) The term ``covered contract''--
(A) means a contract--
(i) for work to be performed outside the
United States that is awarded or entered into
by the United States (including any executive
department, agency, or independent
establishment thereof); and
(ii) with a value of not less than
$5,000,000; and
(B) includes any subcontract or subordinate
contract under a contract described in subparagraph
(A).
(4) The term ``rape'' means conduct that would violate
section 920(a) of title 10, United States Code (article 120(a)
of the Uniform Code of Military Justice), if the conduct was
committed by a person subject to chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).
(5) The term ``serious bodily injury'' has the meaning
given that term in section 1365 of title 18, United States
Code.
(6) The term ``sexual assault'' means conduct that would
violate section 920 (c), (h), or (m) of title 10, United States
Code (article 120 (c), (h), or (m) of the Uniform Code of
Military Justice), if the conduct was committed by a person
subject to chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice).
(7) The term ``United States'', in a geographic sense--
(A) means the several States and the District of
Columbia; and
(B) does not include any military installation or
facility located outside the area described in
subparagraph (A).
SEC. 222. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND INTEGRITY
THROUGH THE FEDERAL AWARDEE PERFORMANCE AND INTEGRITY
INFORMATION SYSTEM.
(a) Inclusion of Corporations Among Covered Persons.--Subsection
(b) of section 872 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4555) is
amended by inserting ``(including a corporation)'' after ``Any person''
both places it appears.
(b) Information on Corporations.--Subsection (d) of such section is
amended by adding at the end the following new paragraph:
``(3) Information on corporations.--The information on a
corporation in the database shall, to the extent practicable,
include information on any parent, subsidiary, or successor
entities to the corporation in manner designed to give the
acquisition officials using the database a comprehensive
understanding of the performance and integrity of the
corporation in carrying out Federal contracts and grants.''.
SEC. 223. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE 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 Acquisition Regulatory
Council shall develop a strategy for ensuring that timely,
accurate, and complete information on contractor performance is
included in past performance databases used by executive
agencies for making source selection decisions.
(2) Consultation with usdatl.--In developing the strategy
required by this subsection, the Federal Acquisition Regulatory
Council shall consult with the Under Secretary of Defense for
Acquisition, Technology, and Logistics to ensure that the
strategy is, to the extent practicable, consistent with the
strategy developed by the Under Secretary pursuant to section
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 purposes of databases
described in subsection (a);
(2) assign responsibility and management accountability 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 evaluations in cases
where such evaluations have been conducted.
(c) Contractor Comments.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory Council
shall revise the Federal Acquisition Regulation to require the
following:
(1) That affected contractors are provided, in a timely
manner, information on contractor performance 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 information provided in
accordance with paragraph (1), to submit comments, rebuttals,
or additional information 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
information provided in accordance with paragraph (1).
(d) Construction.--Nothing in this section shall be construed to
prohibit a contractor from submitting comments, rebuttals, or
additional information pertaining to past performance after the period
described in subsection (c)(2) has elapsed or to prohibit a contractor
from challenging 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 actions taken by the Federal Acquisition Regulatory
Council pursuant to this section, including an assessment of the
following:
(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 section have
otherwise achieved the objectives of this section.
(f) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given that term in section 133 of
title 41, United States Code, except that the term excludes the
Department of Defense and the military departments.
Subtitle D--Preventing Trafficking in Government Contracting
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``End Trafficking in Government
Contracting Act of 2012''.
SEC. 232. DEFINITIONS.
In this subtitle:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(2) Subcontractor.--The term ``subcontractor'' means a
recipient of a contract at any tier under a grant, contract, or
cooperative agreement.
(3) Subgrantee.--The term ``subgrantee'' means a recipient
of a grant at any tier under a grant or cooperative agreement.
(4) 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)).
SEC. 233. CONTRACTING REQUIREMENTS.
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 end and inserting the
following: ``or take any of the other remedial actions authorized under
section 235(c) of the End Trafficking in Government Contracting Act of
2012, if the grantee or any subgrantee, or the contractor or any
subcontractor, engages in, or uses labor recruiters, brokers, or other
agents who engage in--
``(i) severe forms of trafficking in
persons;
``(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
performance of the grant, contract, or
cooperative agreement, or
``(iv) acts that directly support or
advance trafficking in persons, including the
following acts:
``(I) Destroying, concealing,
removing, or confiscating an employee's
immigration documents without the
employee's consent.
``(II) Failing to repatriate 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, contract, or cooperative
agreement; or
``(bb) the employee is a
victim 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
employment, by means of materially
false or fraudulent pretenses,
representations, or promises regarding
that employment.
``(IV) Charging recruited employees
exorbitant placement fees, including
fees equal to or 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 inhumane living
conditions.''.
SEC. 234. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.
(a) Requirement.--The head of an executive agency may not provide
or enter into a grant, contract, or cooperative agreement valued at
$1,000,000 or more if performance will predominantly be conducted
overseas, unless 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 prevent 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 233 of this Act, and is in compliance 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 subcontractor, subgrantee, or
employee of the recipient found to be engaged in any activities
described in such section; and
(3) to the best of the representative's knowledge, neither
the recipient, nor any subcontractor or subgrantee 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 implemented 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, including 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 contents of the plan or related
materials on its website and at the workplace.
(d) Performance Predominately Overseas.--For purposes of subsection
(a), a grant, contract, or cooperative agreement shall be considered to
be performed predominantly overseas 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.
SEC. 235. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.
(a) Investigation.--If the contracting or grant officer of an
executive agency for a grant, contract, or cooperative agreement
receives credible evidence that a recipient of the grant, contract, or
cooperative agreement; any subgrantee or subcontractor of the
recipient; or any agent of the recipient or of such a subgrantee 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 233 of this Act, including a report from a
contracting officer representative, an inspector general, an auditor,
an alleged victim or victim's representative, or any other credible
source, the contracting or grant officer shall, before exercising any
option to renew such grant, contract, or cooperative agreement, request
that the agency's Office of Inspector General immediately initiate an
investigation of the allegation or allegations contained in the report.
If the agency's Office of Inspector General is unable to conduct a
timely investigation, the suspension and debarment office or another
investigative unit of the agency shall conduct the investigation.
(b) Report.--Upon completion of an investigation under subsection
(a), the office or unit that conducted the investigation shall submit
to the contracting or grant officer and, if such investigation was not
conducted by the agency's Office of Inspector General, to the agency's
Office of Inspector General, a report on the investigation, including
conclusions about whether credible evidence exists that the recipient
of a grant, contract, or cooperative agreement; any subcontractor or
subgrantee of the recipient; or any agent of the recipient or of such a
subcontractor or subgrantee, engaged in any of the activities described
in such section 106(g).
(c) Remedial Actions.--
(1) In general.--If a contracting or grant official
determines that a recipient of a grant, contract, or
cooperative agreement, or any subcontractor or subgrantee of
the recipient, has engaged in any of the activities described
in such section 106(g), the contracting or grant officer shall
consider taking one or more of the following 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.
(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 described in such
section 106(g).
(E) Declining to exercise available options under
the contract.
(F) Terminating the contract for default or cause,
in accordance with the termination clause for the
contract.
(G) Referring the matter to the agency suspension
and debarment official.
(H) Referring the matter to the Department of
Justice for prosecution under any applicable law.
(2) Savings clause.--Nothing in this subsection shall be
construed as limiting the scope of applicable remedies
available to the Federal Government.
(3) Mitigating factor.--Where applicable, the contracting
or grant official may consider whether the contractor or
grantee had a plan in place under section 4, and was in
compliance with that plan at the time of the violation, as a
mitigating factor in determining which remedies, if any, should
apply.
(d) Inclusion of Report Conclusions in FAPIIS.--The contracting or
grant officer shall ensure that relevant findings contained in the
report under subsection (b) are included in the Federal Awardee
Performance and Integrity Information System (FAPIIS). These findings
shall be considered relevant past performance data for the purpose of
awarding future contracts, grants, or cooperative agreements.
SEC. 236. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH
GOVERNMENT.
The head of an executive agency making or awarding a grant,
contract, or cooperative agreement 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 evidence 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 Victims Protection Act of 2000 (22 U.S.C.
7104(g)), as amended by section 233 of this Act; and
(2) fully cooperate with any Federal agencies responsible
for audits, investigations, or corrective actions relating to
trafficking in persons.
SEC. 237. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE
WORK OUTSIDE THE UNITED STATES.
Section 1351 of title 18, United States Code, is amended--
(1) by striking ``Whoever knowingly'' and inserting ``(a)
Work Inside the United States.--Whoever knowingly''; and
(2) by adding at the end the following new subsection:
``(b) Work Outside the United States.--Whoever knowingly and with
intent to defraud recruits, solicits, or hires a person outside the
United States or causes another person to recruit, solicit, or hire a
person outside the United States, or attempts to do so, for purposes of
work performed on a United States Government contract performed outside
the United States, or on a United States military installation or
mission or other property or premises owned or controlled by the United
States Government, by means of materially false or fraudulent
pretenses, representations, or promises regarding that employment,
shall be fined under this title or imprisoned for not more than 5
years, or both.''.
SEC. 238. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING
TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.
Section 105(d)(7)(H) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
(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
Defense 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 Secretary
of Defense for Acquisition, Technology, and
Logistics;''.
SEC. 239. RULE OF CONSTRUCTION.
Excluding section 237 of this Act, nothing in this subtitle shall
be construed to supersede, enlarge, or diminish 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 233 of this Act.
Subtitle E--Other Matters
SEC. 251. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL PROJECTS IN
CONNECTION WITH OVERSEAS CONTINGENCY OPERATIONS.
(a) Limitation.--
(1) In general.--Commencing 60 days after the date of the
enactment of this Act--
(A) amounts authorized to be appropriated for the
Department of Defense may not be obligated or expended
for a capital project described in subsection (b)
unless the Secretary of Defense, in consultation with
the United States commander of military operations in
the country in which the project will be carried out,
completes an assessment on the necessity and
sustainability of the project;
(B) amounts authorized to be appropriated for the
Department of State may not be obligated or expended
for a capital project described in subsection (b)
unless the Secretary of State, in consultation with the
Chief of Mission in the country in which the project
will be carried out, completes an assessment on the
necessity and sustainability of the project; and
(C) amounts authorized to be appropriated for the
United States Agency for International Development may
not be obligated or expended for a capital project
described in subsection (b) unless the Administrator of
the United States Agency for International Development,
in consultation with the Mission Director and the Chief
of Mission in the country in which the project will be
carried out, completes an assessment on the necessity
and sustainability of the project.
(2) Elements.--Each assessment on a capital project under
this subsection shall include, but not be limited to, the
following:
(A) An estimate of the total cost of the completed
project to the United States.
(B) An estimate of the financial and other
requirements necessary for the host government to
sustain the project on an annual basis after completion
of the project.
(C) An assessment whether the host government has
the capacity (in both financial and human resources) to
maintain and use the project after completion.
(D) An assessment whether the host government has
requested or expressed its need for the project, and an
explanation of the decision to proceed with the project
absent such request or need.
(b) Covered Capital Projects.--
(1) In general.--Except as provided in paragraph (2), a
capital project described in this subsection is any capital
project overseas for an overseas contingency operation for the
benefit of a host country and funded by the Department of
Defense, the Department of State, or the United States Agency
for International Development, as applicable, if the capital
project--
(A) in the case of a project that directly supports
building the capacity of indigenous security forces in
the host country, has an estimated value in excess of
$10,000,000; or
(B) in the case of any other project, has an
estimated value in excess of $2,000,000.
(2) Exclusion.--A capital project described in this
subsection does not include any project for military
construction (as that term is defined in section 114(b) of
title 10, United States Code) or a military family housing
project under section 2821 of such title.
(c) Termination of Unsustainable Projects in Progress.--
(1) In general.--Effective 180 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary
of State, or the Administrator of the United States Agency for
International Development, as applicable, shall terminate each
capital project described in subsection (b) that is in
progress, but not completed, as of such effective date if such
Secretary or the Administrator, as the case may be--
(A) determines that the country does not have the
capacity (in both financial and human resources) to
effectively maintain and use the project; or
(B) has not made any determination on the matters
described in subparagraph (A) with respect to the
project.
(2) Reports.--The Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development, as applicable, shall include in the
first report submitted under subsection (e) after the effective
date specified in paragraph (1) a description of each capital
project terminated under this subsection.
(d) Waiver.--The Secretary of Defense, the Secretary of State, or
the Administrator of the United States Agency for International
Development, as applicable, may waive the limitation in subsection (a)
in order to initiate a capital project, or may waive the termination
requirement in subsection (c) with respect to a capital project, if
such Secretary or the Administrator, as the case may be, determines
that the project is in the national security, diplomatic, or
humanitarian interests of the United States. In the first report
submitted under subsection (e) after any waiver under this subsection,
such Secretary or the Administrator shall include a detailed
justification of such waiver. Not later than 180 days after issuing a
waiver under this subsection, such Secretary or the Administrator shall
submit to Congress the assessment described in subsection (a) with
respect to the capital project concerned.
(e) Quarterly Reports.--
(1) In general.--Not later than 30 days after the end of
each fiscal-year quarter the Secretary of Defense, the
Secretary of State, and the Administrator of the United States
Agency for International Development shall each submit to the
appropriate committees of Congress a report setting forth each
assessment conducted under subsection (a) by such Secretary or
the Administrator, as the case may be, during such fiscal-year
quarter.
(2) Additional elements.--Each report under paragraph (1)
shall include, for each capital project covered by such report,
an evaluation (other than by amount of funds expended) of the
effectiveness of such project, including, at a minimum, the
following:
(A) The stated goals of the project.
(B) The actions taken to assess and verify whether
the project has met the stated goals of the project or
is on track to meet such goals when completed.
(C) The current and anticipated effects of the
project on levels of violence in the country in which
the project is being carried out.
(D) The current and anticipated levels of
corruption or fraud in connection with the project, and
the current and anticipated risks of corruption or
fraud in connection with the project.
(E) The current and anticipated levels of
involvement of local governments, communities, and
individuals in the project.
(3) Form.--Each report shall be submitted in unclassified
form, but may include a classified annex.
(f) Capital Project Defined.--In this section, the term ``capital
project'' has the meaning given that term in section 308 of the Aid,
Trade, and Competitiveness Act of 1992 (22 U.S.C. 2421e).
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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