U.S. Congress - Text of S.3286 as Introduced in Senate Comprehensive Contingency Contracting Reform Act of 2012
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Donate NowS.3286 - Comprehensive Contingency Contracting Reform Act of 2012
A bill to enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.
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S 3286 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3286CommentsClose CommentsPermalink
To enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
June 12, 2012CommentsClose CommentsPermalink
June 12, 2012CommentsClose CommentsPermalink
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 AffairsCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Comprehensive Contingency Contracting Reform Act of 2012’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 102. Responsibilities of the Director of the Office of Management and Budget regarding overseas contingency operations.CommentsClose CommentsPermalink
Sec. 103. Responsibilities of inspectors general for overseas contingency operations.CommentsClose CommentsPermalink
Sec. 104. Agency reports and inspector general audits of certain information on overseas contingency operations.CommentsClose CommentsPermalink
Sec. 105. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 113. Additional bases for suspension or debarment.CommentsClose CommentsPermalink
Subtitle C--Department of Defense Matters
Sec. 121. Responsibility within Department of Defense for contract support for overseas contingency operations.CommentsClose CommentsPermalink
Sec. 122. Inclusion of contract support in certain requirements for Department of Defense planning.CommentsClose CommentsPermalink
Sec. 123. Inclusion of matters relating to contingency operations in joint professional military education.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 132. Inclusion of contract support in certain Department of State planning activities.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 202. Risk assessment and mitigation for contractor performance of critical functions in support of overseas contingency operations.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Subtitle B--Enhancements of Contracting Process and Protections in Contracting
Sec. 211. Uniform contract writing system requirements.CommentsClose CommentsPermalink
Sec. 212. Database on prices of items and services under Federal contracts.CommentsClose CommentsPermalink
Sec. 213. Prohibition of excessive pass-through contracts and charges in the acquisition of services.CommentsClose CommentsPermalink
Subtitle C--Contractor Accountability
Sec. 221. Contractor consent to jurisdiction for certain civil actions under certain contracts for work overseas.CommentsClose CommentsPermalink
Sec. 222. Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System.CommentsClose CommentsPermalink
Sec. 223. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions.CommentsClose CommentsPermalink
Subtitle D--Preventing Trafficking in Government Contracting
Sec. 231. Short title.CommentsClose CommentsPermalink
Sec. 232. Definitions.CommentsClose CommentsPermalink
Sec. 233. Contracting requirements.CommentsClose CommentsPermalink
Sec. 234. Compliance plan and certification requirement.CommentsClose CommentsPermalink
Sec. 235. Monitoring and investigation of trafficking in persons.CommentsClose CommentsPermalink
Sec. 236. Notification to inspectors general and cooperation with Government.CommentsClose CommentsPermalink
Sec. 237. Expansion of fraud in foreign labor contracting to include work outside the United States.CommentsClose CommentsPermalink
Sec. 238. Improving Department of Defense accountability for reporting trafficking in persons claims and violations.CommentsClose CommentsPermalink
Sec. 239. Rule of construction.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 251. Sustainability requirements for certain capital projects in connection with overseas contingency operations.CommentsClose CommentsPermalink
SEC. 3. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) FEDERAL ACQUISITION REGULATORY COUNCIL- The term ‘Federal Acquisition Regulatory Council’ means the Federal Acquisition Regulatory Council under
(3) OVERSEAS CONTINGENCY OPERATION- The term ‘overseas contingency operation’ means a military operation outside the United States and its territories and possessions that is--CommentsClose CommentsPermalink
(A) a contingency operation, as that term is defined in subparagraph (A) of
(B) a contingency operation, as that term is defined in subparagraph (B) of
TITLE I--ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR CONTRACTING FOR OVERSEAS CONTINGENCY OPERATIONSCommentsClose CommentsPermalink
TITLE I--ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR CONTRACTING FOR OVERSEAS CONTINGENCY OPERATIONSCommentsClose CommentsPermalink
Subtitle A--Government-Wide MattersCommentsClose CommentsPermalink
Subtitle A--Government-Wide MattersCommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) A specific statement of the requested funds, broken out by--CommentsClose CommentsPermalink
(A) amounts requested for each appropriations account covered by the request; andCommentsClose CommentsPermalink
(B) amounts intended to be allocated to each program, project, and activity to be funded through the request.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 102. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET REGARDING OVERSEAS CONTINGENCY OPERATIONS.
(a) Responsibilities Regarding Costs and Financing-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) PARTICULAR RESPONSIBILITIES- The responsibility of the Director under this subsection shall include the responsibilities as follows:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) by redesignating section 8L as section 8M; andCommentsClose CommentsPermalink
(2) by inserting after section 8K the following new section 8L:CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink
‘(b) Inspectors General- The Inspectors General specified in this subsection are the Inspectors General as follows:CommentsClose CommentsPermalink
‘(1) The Inspector General of the Department of Defense.CommentsClose CommentsPermalink
‘(2) The Inspector General of the Department of State.CommentsClose CommentsPermalink
‘(3) The Inspector General of the United States Agency for International Development.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) The other Inspectors General specified in subsection (b).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(i) Audit and available inspection plans.CommentsClose CommentsPermalink
‘(ii) An overall assessment of such oversight, including projects or areas (whether departmental or government-wide) of concern or in need of further review.CommentsClose CommentsPermalink
‘(iii) Such other matters as the Lead Inspector General for the contingency operation considers appropriate.CommentsClose CommentsPermalink
‘(B) Each plan under this paragraph, and any update of such plan, shall be made available to the public.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Responsibilities of Lead Inspector General- (1) The Lead Inspector General for an overseas contingency operation shall have the following responsibilities:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) the status and results of audits, inspections, and closed investigations, and of the number of referrals to the Department of Justice; andCommentsClose CommentsPermalink
‘(ii) updates and changes to overall plans for the review of the contingency operation by inspectors general, including plans for inspections and audits.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The information specified in this paragraph with respect to an overseas contingency operation is as follows:CommentsClose CommentsPermalink
‘(A) Obligations and expenditures of appropriated funds.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(E) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the contingency operation.CommentsClose CommentsPermalink
‘(F) In the case of any contract, grant, agreement, or other funding mechanism with respect to the contingency operation--CommentsClose CommentsPermalink
‘(i) the amount of the contract, grant, agreement, or other funding mechanism;CommentsClose CommentsPermalink
‘(ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink‘(4) The authority to employ personnel under this subsection for a contingency operation shall cease as provided for in subsection (g).CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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); orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) a contingency operation, as that term is defined in subparagraph (A) of
section 101(a)(13) of title 10, United States Code ; orCommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink‘(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.’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
(1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (E) the following new subparagraph (F):CommentsClose CommentsPermalink
‘(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;’.CommentsClose CommentsPermalink
(b) Definition- Such section is further amended by adding at the following new subsection:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10; orCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
Subtitle B--Multi-Agency MattersCommentsClose CommentsPermalink
Subtitle B--Multi-Agency MattersCommentsClose CommentsPermalink
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-
(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.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) The term ‘overseas contingency operations’ means military operations outside the United States and its Commonwealths and possessions that are--CommentsClose CommentsPermalink
‘(A) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of this title; orCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Department of State-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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
(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
(c) USAID-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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
(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
(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.CommentsClose CommentsPermalink
(e) Reports to Congress-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) A comprehensive description of the management structure established and implemented by the department or agency, as the case may be, under this section.CommentsClose CommentsPermalink
(B) An identification of any elements of the management structure of the Department of Defense under
(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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) There shall be not less than one suspension and debarment official--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) for the Department of State; andCommentsClose CommentsPermalink
(C) for the United States Agency for International Development.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) in the case of the Department of Defense, either the Department of Defense or the military department or Defense Agency concerned; andCommentsClose CommentsPermalink
(B) in the case of any other covered agency, the acquisition office or the Inspector General of such agency.CommentsClose CommentsPermalink
(3) The duties of a suspension and debarment official under paragraph (1) may include only the following:CommentsClose CommentsPermalink
(A) The direction, management, and oversight of suspension and debarment activities.CommentsClose CommentsPermalink
(B) The direction, management, and oversight of fraud remedies activities.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) Any final decision to suspend or debar any person or entity.CommentsClose CommentsPermalink
(B) Any final decision not to suspend or debar any person or entity.CommentsClose CommentsPermalink
(C) Any final decision declining to pursue suspension or debarment of any person or entity.CommentsClose CommentsPermalink
(D) Any administrative agreement entered with any person or persons in lieu of suspension or debarment of such person or entity.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) Formal referrals of suspension and debarment matters.CommentsClose CommentsPermalink
(B) Suspension and debarment matters that are not formally referred.CommentsClose CommentsPermalink
(b) Covered Agency Defined- In subsection (a), the term ‘covered agency’ means the following:CommentsClose CommentsPermalink
(1) The Department of Defense.CommentsClose CommentsPermalink
(2) The Department of State.CommentsClose CommentsPermalink
(3) The United States Agency for International Development.CommentsClose CommentsPermalink
(c) Duties of Interagency Committee on Debarment and Suspension- Section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘, including with respect to contracts in connection with contingency operations’ before the semicolon; andCommentsClose CommentsPermalink
(B) in paragraph (7)--CommentsClose CommentsPermalink
(i) in subparagraph (B), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(ii) in subparagraph (C), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) a summary of suspensions, debarments, and administrative agreements during the previous year.’; andCommentsClose CommentsPermalink
(2) by striking subsection (b) and inserting the following new subsections:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘contingency operation’ has the meaning given that term in
section 101(a)(13) of title 10, United States Code .CommentsClose CommentsPermalink‘(2) The term ‘Interagency Committee on Debarment and Suspension’ means the committee constituted under sections 4 and 5 of Executive Order No. 12549.’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Covered Persons- A person described in this subsection is any person as follows:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Covered Agency Defined- In this section, the term ‘covered agency’ means the following:CommentsClose CommentsPermalink
(1) The Department of Defense.CommentsClose CommentsPermalink
(2) The Department of State.CommentsClose CommentsPermalink
(3) The United States Agency for International Development.CommentsClose CommentsPermalink
Subtitle C--Department of Defense MattersCommentsClose CommentsPermalink
Subtitle C--Department of Defense MattersCommentsClose CommentsPermalink
SEC. 121. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR CONTRACT SUPPORT FOR OVERSEAS CONTINGENCY OPERATIONS.
(a) Responsibility-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) ELEMENTS- The regulations under paragraph (1) shall, at a minimum--CommentsClose CommentsPermalink
(A) specify the officials, offices, and components of the Department within the chain of authority and responsibility described in paragraph (1);CommentsClose CommentsPermalink
(B) identify for each official, office, and component specified under subparagraph (A)--CommentsClose CommentsPermalink
(i) requirements for policy, planning, and execution of contract support for overseas contingency operations, including, at a minimum, requirements in connection with--CommentsClose CommentsPermalink
(I) coordination of functions, authorities, and responsibilities related to operational contract support for overseas contingency operations;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) The regulations.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) A comprehensive description of the manner in which the regulations will meet the requirements in subsection (a)(2)(C).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Annual Reports on Contract Support for Overseas Contingency Operations Involving Combat Operations-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) ELEMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Each report under paragraph (1) regarding an operation shall set forth the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(ii) With respect to contracts entered into in connection with the operation:CommentsClose CommentsPermalink
(I) The total number of contracts entered into as of the date of such report.CommentsClose CommentsPermalink
(II) The total number of such contracts that are active as of such date.CommentsClose CommentsPermalink
(III) The total value of contracts entered into as of such date.CommentsClose CommentsPermalink
(IV) The total value of such contracts that are active as of such date.CommentsClose CommentsPermalink
(V) An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(VIII) The total number of contractor personnel killed or wounded under any contracts entered into.CommentsClose CommentsPermalink
(iii) The sources of information and data used to prepare the portion of such report required by clause (ii).CommentsClose CommentsPermalink
(iv) A description of any known limitations of the information or data reported under clause (ii), including known limitations in methodology or data sources.CommentsClose CommentsPermalink
(v) Any plans for strengthening collection, coordination, and sharing of information on contracts entered into in connection with the operation.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) PROHIBITION ON PREPARATION BY CONTRACTOR PERSONNEL- A report under paragraph (1) may not be prepared by contractor personnel.CommentsClose CommentsPermalink
(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 (
SEC. 122. INCLUSION OF CONTRACT SUPPORT IN CERTAIN REQUIREMENTS FOR DEPARTMENT OF DEFENSE PLANNING.
(a) Readiness Reporting System-
‘(8) Measure, on an annual basis, the capability of operational contract support to support current and anticipated wartime missions of the armed forces.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 123. INCLUSION OF MATTERS RELATING TO CONTINGENCY OPERATIONS IN JOINT PROFESSIONAL MILITARY EDUCATION.
(a) In General-
‘(6) Contingency operations.’.CommentsClose CommentsPermalink
(b) Curriculum for Three-Phase Approach- Section 2154 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(A) Requirements definition.CommentsClose CommentsPermalink
‘(B) Contingency program management.CommentsClose CommentsPermalink
‘(C) Contingency contracting.CommentsClose CommentsPermalink
‘(D) The strategic impact of contracting costs on military missions.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
Subtitle D--Department of State and Related Agencies MattersCommentsClose CommentsPermalink
Subtitle D--Department of State and Related Agencies MattersCommentsClose CommentsPermalink
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-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- Title I of the State Department Basic Authorities Act of 1956 (
‘SEC. 63. OFFICE OF ACQUISITION AND LOGISTICS.
‘(a) Establishment- There is established within the Department of State the Office of Acquisition and Logistics.CommentsClose CommentsPermalink
‘(b) Director of Acquisition and Logistics-CommentsClose CommentsPermalink
‘(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 .CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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 .CommentsClose CommentsPermalink‘(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:CommentsClose CommentsPermalink
‘(1) The development and implementation of Department policies regarding acquisition, procurement, and logistics management.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(4) The direction, management, and oversight of the performance of contracting activities for Department operations.CommentsClose CommentsPermalink
‘(5) Such other matters relating to the acquisition, procurement, and logistics management activities of the Department as the Secretary considers appropriate.CommentsClose CommentsPermalink
‘(d) Resources- The Office of Acquisition and Logistics shall have such personnel and other resources as the Secretary considers appropriate to discharge its functions.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(b) Office of Acquisition and Assistance Within USAID-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established within the United States Agency for International Development the Office of Acquisition and Assistance.CommentsClose CommentsPermalink
(2) DIRECTOR-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink(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.CommentsClose CommentsPermalink
(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 .CommentsClose CommentsPermalink(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.CommentsClose CommentsPermalink
(4) RESOURCES- The Office of Acquisition and Assistance shall have the personnel and resources as follows:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) Such other personnel and resources as the Administrator considers appropriate for the discharge of the functions of the Office of Acquisition and Assistance.CommentsClose CommentsPermalink
(c) Annual Reports on Contract Support for Overseas Contingency Operations-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) ELEMENTS- Each report of an agency under paragraph (1) regarding an operation shall set forth the following:CommentsClose CommentsPermalink
(A) A description and assessment of the policy, planning, management, and oversight of the agency with respect to contract support for the operation.CommentsClose CommentsPermalink
(B) With respect to contracts entered into in connection with the operation:CommentsClose CommentsPermalink
(i) The total number of contracts entered into as of the date of such report.CommentsClose CommentsPermalink
(ii) The total number of such contracts that are active as of such date.CommentsClose CommentsPermalink
(iii) The total value of contracts entered into as of such date.CommentsClose CommentsPermalink
(iv) The total value of such contracts that are active as of such date.CommentsClose CommentsPermalink
(v) An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(viii) The total number of contractor personnel killed or wounded under any contracts entered into.CommentsClose CommentsPermalink
(C) The sources of information and data used to prepare the portion of such report required by subparagraph (B).CommentsClose CommentsPermalink
(D) A description of any known limitations of the information or data reported under subparagraph (B), including known limitations in methodology or data sources.CommentsClose CommentsPermalink
(E) Any plans for strengthening collection, coordination, and sharing of information on contracts entered into in connection with the operation.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) PROHIBITION ON PREPARATION BY CONTRACTOR PERSONNEL- A report under this subsection may not be prepared by contractor personnel.CommentsClose CommentsPermalink
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 (
‘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.CommentsClose CommentsPermalink
‘(b) Elements- Each quadrennial diplomacy and development review shall include the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) With respect to contract support of the diplomatic and overseas development strategy of the United States, the following:CommentsClose CommentsPermalink
‘(A) The assumptions used in the review on the roles and responsibilities that would be discharged by contractors.CommentsClose CommentsPermalink
‘(B) The contract support required to support the programs and activities of the Department.CommentsClose CommentsPermalink
‘(C) The appropriate ratio of Department personnel to contractor personnel in the discharge of the programs and activities of the Department.CommentsClose CommentsPermalink
‘(3) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink
‘(c) Prohibition on Performance by Contractor Personnel- A quadrennial diplomacy and development review under this section may not be performed by contractor personnel.’.CommentsClose CommentsPermalink
(b) Readiness Reporting-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) ELEMENTS- The reporting system required by this subsection shall do the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Covered Department of State Personnel- The Department of State personnel specified in this subsection are as follows:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(2) Personnel of the Department designated by the Director of Acquisition and Logistics, including contracting officers and other contracting personnel.CommentsClose CommentsPermalink
(3) Such other personnel of the Department as the Secretary of State shall designate for purposes of this section.CommentsClose CommentsPermalink
(c) Elements-CommentsClose CommentsPermalink
(1) CURRICULUM CONTENT- The course of professional education under this section shall include appropriate content on the following:CommentsClose CommentsPermalink
(A) Contingency contracting.CommentsClose CommentsPermalink
(B) Contingency program management.CommentsClose CommentsPermalink
(C) The strategic impact of contracting costs on the mission and activities of the Department of State.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
TITLE II--TRANSPARENCY, SUSTAINABILITY, AND ACCOUNTABILITY IN CONTRACTS FOR OVERSEAS CONTINGENCY OPERATIONSCommentsClose CommentsPermalink
TITLE II--TRANSPARENCY, SUSTAINABILITY, AND ACCOUNTABILITY IN CONTRACTS FOR OVERSEAS CONTINGENCY OPERATIONSCommentsClose CommentsPermalink
Subtitle A--Limitations in ContractingCommentsClose CommentsPermalink
Subtitle A--Limitations in ContractingCommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(b) Contract Periods- The contract periods specified in this subsection are as follows:CommentsClose CommentsPermalink
(1) Three years in the case of competitively bid contracts.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the contracting officer conducts the cost analysis required by section 15.404-1 of the Federal Acquisition Regulation; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Covered Agency Defined- In this section, the term ‘covered agency’ means the following:CommentsClose CommentsPermalink
(1) The Department of Defense.CommentsClose CommentsPermalink
(2) The Department of State.CommentsClose CommentsPermalink
(3) The United States Agency for International Development.CommentsClose CommentsPermalink
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-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the operation is not expected to continue for more than one year; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) The operation has continued for more than one year.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(5) The critical organic or core capabilities of the Government, including critical knowledge or institutional memory of key operations areas and subject-matter expertise.CommentsClose CommentsPermalink
(6) The ability of the Government to control costs, avoid organizational or personal conflicts of interest, and minimize waste, fraud, and abuse.CommentsClose CommentsPermalink
(c) Risk Mitigation Plans- A risk mitigation plan for an overseas contingency operation under subsection (a) shall include, at a minimum, the following:CommentsClose CommentsPermalink
(1) For each high risk area identified in the comprehensive risk assessment for the operation performed under subsection (a)--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) measurable milestones for the implementation of planned risk mitigation or risk reduction measures; andCommentsClose CommentsPermalink
(C) a process for monitoring, measuring, and documenting progress in mitigating or reducing risk.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Reports to Congress-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) FORM- Each report shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(e) Critical Functions- For purposes of this section, critical functions include, at a minimum, the following:CommentsClose CommentsPermalink
(1) Private security functions, as that term is defined in section 864(a)(5) of the National Defense Authorization Act for Fiscal Year 2008 (
(2) Training and advising government personnel, including military and security personnel, of a host nation.CommentsClose CommentsPermalink
(3) Conducting intelligence or information operations.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) Covered Agency Defined- In this section, the term ‘covered agency’ means the following:CommentsClose CommentsPermalink
(1) The Department of Defense.CommentsClose CommentsPermalink
(2) The Department of State.CommentsClose CommentsPermalink
(3) The United States Agency for International Development.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) The use by the Department of Defense of the unusual and compelling urgency exception to full and open competition provided in
(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
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The range of items or services being acquired through the use of the exception.CommentsClose CommentsPermalink
(3) The process for reviewing and approving justifications involving the exception.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) The compliance of the Department of Defense, the Department of State, and the United States Agency for International Development with the requirements of
(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.CommentsClose CommentsPermalink
Subtitle B--Enhancements of Contracting Process and Protections in ContractingCommentsClose CommentsPermalink
Subtitle B--Enhancements of Contracting Process and Protections in ContractingCommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Covered Officials- The officials specified in this subsection are the following:CommentsClose CommentsPermalink
(1) The Secretary of Defense, with respect to the Department of Defense and the military departments.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) describe the standards, requirements, and rules established pursuant to subsection (a)(1);CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) provide the schedule for phasing in the use of approved electronic contract writing systems in accordance with subsections (a)(3) and (b).CommentsClose CommentsPermalink
(e) Executive Agencies Defined- In this section, the term ‘executive agencies’ has the meaning given that term in
SEC. 212. DATABASE ON PRICES OF ITEMS AND SERVICES UNDER FEDERAL CONTRACTS.
(a) Database Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘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:CommentsClose CommentsPermalink
‘(1) Monitoring developments in the prices of items and services charged the Federal Government under contracts with the Federal Government.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘3312. Database on prices of items and services under Federal contracts.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) include such exceptions to the requirements in paragraphs (1) through (3) as the Council considers appropriate in the interest of the United States.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) awarded on the basis of adequate price competition; orCommentsClose CommentsPermalink
(2) for the acquisition of commercial services as defined in paragraphs (5) and (6) of
(c) Effective Date- The requirements of this section shall apply to--CommentsClose CommentsPermalink
(1) covered contracts that are awarded on or after the date that is 90 days after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Executive Agency Defined- In this section, the term ‘executive agency’ has the meaning given that term in
(e) Conforming Repeal- Section 852 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2340) is repealed.CommentsClose CommentsPermalink
Subtitle C--Contractor AccountabilityCommentsClose CommentsPermalink
Subtitle C--Contractor AccountabilityCommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the events giving rise to the cause of action occurred outside the United States; andCommentsClose CommentsPermalink
(B) personal jurisdiction cannot be established in another Federal court;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(5) except as provided in paragraph (6), any covered civil action shall be analyzed in accordance with the laws of the United States; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) the location is designated as a hazardous duty zone by the Secretary of Defense.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(c) Definitions- In this section:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The term ‘covered civil action’ means the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) The term ‘covered contract’--CommentsClose CommentsPermalink
(A) means a contract--CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(ii) with a value of not less than $5,000,000; andCommentsClose CommentsPermalink
(B) includes any subcontract or subordinate contract under a contract described in subparagraph (A).CommentsClose CommentsPermalink
(4) The term ‘rape’ means conduct that would violate
(5) The term ‘serious bodily injury’ has the meaning given that term in
(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).CommentsClose CommentsPermalink
(7) The term ‘United States’, in a geographic sense--CommentsClose CommentsPermalink
(A) means the several States and the District of Columbia; andCommentsClose CommentsPermalink
(B) does not include any military installation or facility located outside the area described in subparagraph (A).CommentsClose CommentsPermalink
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 (
(b) Information on Corporations- Subsection (d) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 223. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST PERFORMANCE DATABASES FOR EXECUTIVE AGENCY SOURCE SELECTION DECISIONS.
(a) Strategy Required-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(b) Elements- The strategy required by subsection (a) shall, at a minimum--CommentsClose CommentsPermalink
(1) establish standards for the timeliness and completeness of past performance submissions for purposes of databases described in subsection (a);CommentsClose CommentsPermalink
(2) assign responsibility and management accountability for the completeness of past performance submissions for such purposes; andCommentsClose CommentsPermalink
(3) ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where such evaluations have been conducted.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) Executive Agency Defined- In this section, the term ‘executive agency’ has the meaning given that term in
Subtitle D--Preventing Trafficking in Government ContractingCommentsClose CommentsPermalink
Subtitle D--Preventing Trafficking in Government ContractingCommentsClose CommentsPermalink
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘End Trafficking in Government Contracting Act of 2012’.CommentsClose CommentsPermalink
SEC. 232. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) EXECUTIVE AGENCY- The term ‘executive agency’ has the meaning given the term in
(2) SUBCONTRACTOR- The term ‘subcontractor’ means a recipient of a contract at any tier under a grant, contract, or cooperative agreement.CommentsClose CommentsPermalink
(3) SUBGRANTEE- The term ‘subgrantee’ means a recipient of a grant at any tier under a grant or cooperative agreement.CommentsClose CommentsPermalink
(4) UNITED STATES- The term ‘United States’ has the meaning provided in section 103(12) of the Trafficking Victims Protection Act of 2000 (
SEC. 233. CONTRACTING REQUIREMENTS.
Section 106(g) of the Trafficking Victims Protection Act of 2000 (
‘(i) severe forms of trafficking in persons;CommentsClose CommentsPermalink
‘(ii) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect;CommentsClose CommentsPermalink
‘(iii) the use of forced labor in the performance of the grant, contract, or cooperative agreement, orCommentsClose CommentsPermalink
‘(iv) acts that directly support or advance trafficking in persons, including the following acts:CommentsClose CommentsPermalink
‘(I) Destroying, concealing, removing, or confiscating an employee’s immigration documents without the employee’s consent.CommentsClose CommentsPermalink
‘(II) Failing to repatriate an employee upon the end of employment, unless--CommentsClose CommentsPermalink
‘(aa) exempted from the duty to repatriate by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(V) Providing inhumane living conditions.’.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) the recipient has implemented a plan to prevent the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
(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).CommentsClose CommentsPermalink
(c) Remedial Actions-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement.CommentsClose CommentsPermalink
(B) Requiring the recipient to terminate a subcontract or subgrant.CommentsClose CommentsPermalink
(C) Suspending payments under the grant, contract, or cooperative agreement.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(E) Declining to exercise available options under the contract.CommentsClose CommentsPermalink
(F) Terminating the contract for default or cause, in accordance with the termination clause for the contract.CommentsClose CommentsPermalink
(G) Referring the matter to the agency suspension and debarment official.CommentsClose CommentsPermalink
(H) Referring the matter to the Department of Justice for prosecution under any applicable law.CommentsClose CommentsPermalink
(2) SAVINGS CLAUSE- Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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 (
(2) fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to trafficking in persons.CommentsClose CommentsPermalink
SEC. 237. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE WORK OUTSIDE THE UNITED STATES.
(1) by striking ‘Whoever knowingly’ and inserting ‘(a) Work Inside the United States- Whoever knowingly’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
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 (
(1) in clause (ii), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) by redesignating clause (iii) as clause (iv);CommentsClose CommentsPermalink
(3) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink
‘(iii) all known trafficking in persons cases reported to the Under Secretary of Defense for Personnel and Readiness;’;CommentsClose CommentsPermalink
(4) in clause (iv), as redesignated by paragraph (2), by inserting ‘and’ at the end after the semicolon; andCommentsClose CommentsPermalink
(5) by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(v) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics;’.CommentsClose CommentsPermalink
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 (
Subtitle E--Other MattersCommentsClose CommentsPermalink
Subtitle E--Other MattersCommentsClose CommentsPermalink
SEC. 251. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL PROJECTS IN CONNECTION WITH OVERSEAS CONTINGENCY OPERATIONS.
(a) Limitation-CommentsClose CommentsPermalink
(1) IN GENERAL- Commencing 60 days after the date of the enactment of this Act--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) ELEMENTS- Each assessment on a capital project under this subsection shall include, but not be limited to, the following:CommentsClose CommentsPermalink
(A) An estimate of the total cost of the completed project to the United States.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) An assessment whether the host government has the capacity (in both financial and human resources) to maintain and use the project after completion.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Covered Capital Projects-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(B) in the case of any other project, has an estimated value in excess of $2,000,000.CommentsClose CommentsPermalink
(2) EXCLUSION- A capital project described in this subsection does not include any project for military construction (as that term is defined in
(c) Termination of Unsustainable Projects in Progress-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) determines that the country does not have the capacity (in both financial and human resources) to effectively maintain and use the project; orCommentsClose CommentsPermalink
(B) has not made any determination on the matters described in subparagraph (A) with respect to the project.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Quarterly Reports-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) The stated goals of the project.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) The current and anticipated effects of the project on levels of violence in the country in which the project is being carried out.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(E) The current and anticipated levels of involvement of local governments, communities, and individuals in the project.CommentsClose CommentsPermalink
(3) FORM- Each report shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(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 (
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