[Congressional Record Volume 158, Number 148 (Monday, November 26, 2012)]
[Senate]
[Pages S6897-S6908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2928. Mrs. McCASKILL (for herself, Ms. Collins, and Mr. Lieberman) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1084. RESPONSIBILITIES REGARDING FINANCING OF OVERSEAS 
                   CONTINGENCY OPERATIONS.

       (a) Responsibilities of the President.--The President shall 
     ensure that any request to Congress for funds for or relating 
     to an overseas contingency operation includes the following:
       (1) A specific statement of the requested funds, 
     including--
       (A) amounts requested for each appropriations account 
     covered by the request; and
       (B) amounts intended to be allocated, where available, to 
     programs, projects, and activities to be funded through the 
     request.
       (2) A specific proposal for means of financing the amount 
     requested, including an increase in specified revenues, a 
     decrease in specified programs, projects, or activities, 
     borrowing by the Federal Government, or other appropriate 
     means.
       (b) Responsibilities of the Director of the Office of 
     Management and Budget.--
       (1) In general.--The Director of the Office of Management 
     and Budget shall be the principal official of the Federal 
     Government with responsibility for advising the President on 
     financial matters in connection with overseas contingency 
     operations, including the costs and proposed means of 
     financing of all programs, projects, and activities of the 
     Federal Government in connection with such operations.
       (2) Particular responsibilities.--The responsibility of the 
     Director under this subsection shall include the 
     responsibilities as follows:
       (A) To advise and report to the President on estimates of 
     costs in connection with overseas contingency operations, 
     including direct and indirect costs, current and future 
     costs, and anticipated contracting costs.
       (B) To identify and report to the President on means of 
     financing the costs of the Federal Government in connection 
     with overseas contingency operations, including an increase 
     in specified revenues, a decrease in specified programs, 
     projects, or activities, borrowing by the Federal Government, 
     or other appropriate means.
       (3) Consultation.--The Director shall carry out the 
     responsibility of the Director under this subsection in 
     consultation with the Secretary of the Treasury, the 
     Secretary of Defense, the Secretary of State, and other 
     appropriate officials of the Federal Government.
       (c) 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.
       (d) 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 a contingency operation 
     (as that term is defined in section 101(a)(13) of title 10, 
     United States Code).
                                 ______
                                 
  SA 2929. Mrs. McCASKILL (for herself, Ms. Collins, and Mr. Lieberman) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to

[[Page S6898]]

authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 822 and insert the following:

     SEC. 822. 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 Regulation 
     shall be revised to--
       (1) prohibit the award of a covered contract or task order 
     unless the contractor agrees that at least 50 percent of the 
     direct labor cost of services to be performed under the 
     contract or task order will be expended for employees of the 
     contractor or of a subcontractor that is specifically 
     identified and authorized to perform such work in the 
     contract or task order;
       (2) provide that the contracting officer for a covered 
     contract or task order may authorize reliance upon a 
     subcontractor or subcontractors to meet the requirement in 
     paragraph (1) only upon a written determination that such 
     reliance is in the best interest of the executive agency 
     concerned, after taking into account the added cost for 
     overhead (including general and administrative costs) and 
     profit that may be incurred as a result of the pass-through;
       (3) require the contracting officer for a covered contract 
     or task order for which more than 70 percent of the direct 
     labor cost of services to be performed will be expended for 
     persons other than employees of the contractor to ensure that 
     amounts paid to the contractor for overhead (including 
     general and administrative costs) and profit are reasonable 
     in relation to the cost of direct labor provided by employees 
     of the contractor and any other costs directly attributable 
     to the management of the subcontract by employees of the 
     contractor;
       (4) include such exceptions to the requirements in 
     paragraphs (2) and (3) as the Federal Acquisition Regulatory 
     Council considers appropriate in the interests of the United 
     States, which exceptions shall be permissible only in 
     exceptional circumstances and for instances demonstrated by 
     the Council to be cost-effective; and
       (5) include such exceptions to the requirements in 
     paragraphs (2) and (3) as the Secretary of Defense considers 
     appropriate in the interests of the national defense.
       (b) Covered Contract or Task Order Defined.--In this 
     section, the term ``covered contract or task order'' means a 
     contract or task order for the performance of services (other 
     than construction) with a value in excess of the simplified 
     acquisition threshold that is entered into for or on behalf 
     of an executive agency, except that such term does not 
     include any contract or task order that provides a firm, 
     fixed price for each task to be performed and is--
       (1) awarded on the basis of adequate price competition; or
       (2) for the acquisition of commercial services as defined 
     in paragraphs (5) and (6) of section 103 of title 41, United 
     States Code.
       (c) Effective Date.--The requirements of this section shall 
     apply to--
       (1) covered contracts that are awarded on or after the date 
     that is 90 days after the date of the enactment of this Act; 
     and
       (2) covered task orders that are awarded on or after the 
     date that is 90 days after the date of the enactment of this 
     Act under contracts that are awarded before, on, or after 
     such date.
       (d) Other Definitions.--In this section:
       (1) The term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code.
       (2) The term ``Federal Acquisition Regulatory Council'' 
     means the Federal Acquisition Regulatory Council under 
     section 1302(a) of title 41, United States Code.
       (e) Conforming Repeal.--Section 852 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 (120 
     Stat. 2340) is repealed.

       On page 250, between lines 15 and 16, insert the following:

     SEC. 860. SHORT TITLE.

       This subtitle may be cited as the ``Wartime Contracting 
     Reform Act of 2012''.

       On page 254, strike lines 6 through 15 and insert the 
     following:
       (c) Comptroller General Report.--
       (1) In general.--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 progress of the Department of 
     Defense in implementing the regulations prescribed under 
     subsection (a). The report may include such additional 
     comments and information on the regulations and the 
     implementation of the regulations as the Comptroller General 
     considers appropriate.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, and the Committee on 
     Appropriations of the House of Representatives.

       On page 254, strike lines 19 through 25 and insert the 
     following:
       (a) Reports Required.--
       (1) Department of defense.--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 subsection (b), submit to the appropriate committees of 
     Congress a report on contract support for the Department of 
     Defense for the operation.
       (2) Department of state and usaid.--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 subsection (b), 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.

       On page 255, line 9, insert ``of an agency'' after ``Each 
     report''.

       On page 255, line 14, strike ``the Department of Defense'' 
     and insert ``the agency''.

       On page 257, beginning on line 7, strike ``the Secretary'' 
     and all that follows through ``the Secretary'' on line 9 and 
     insert ``the Secretary or the Administrator may use estimates 
     for any category of contractor personnel for which such 
     Secretary or the Administrator, as the case may be,''.

       On page 257, after line 23, add the following:
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (2) 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.

       Strike section 864 and insert the following:

     SEC. 864. RISK ASSESSMENT AND MITIGATION FOR CONTRACTOR 
                   PERFORMANCE OF CRITICAL FUNCTIONS IN SUPPORT OF 
                   OVERSEAS CONTINGENCY OPERATIONS.

       (a) Comprehensive Risk Assessment and Mitigation Plan 
     Required.--
       (1) In general.--Subject to paragraphs (2) and (3), not 
     later than six months after the commencement or designation 
     of an overseas contingency operation that includes or is 
     expected to include combat operations, the head of each 
     covered agency shall perform a comprehensive risk assessment 
     and develop a risk mitigation plan for operational and 
     political risks associated with contractor performance of 
     critical functions in support of the operation for such 
     covered agency.
       (2) Exceptions.--Except as provided in paragraph (3), a 
     risk assessment and risk mitigation plan shall not be 
     required under paragraph (1) for an overseas contingency 
     operation if both--
       (A) the operation is not expected to continue for more than 
     one year; and
       (B) the total annual amount of obligations by the United 
     States Government for contracts for support of or in 
     connection with the operation is not expected to exceed, 
     $250,000,000 in any fiscal year.
       (3) Termination of exceptions.--Notwithstanding paragraph 
     (2), the head of a covered agency shall perform a risk 
     assessment and develop a risk mitigation plan under paragraph 
     (1) for an overseas contingency operation with regard to 
     which a risk assessment and risk mitigation plan has not 
     previously been performed under paragraph (1) not later than 
     60 days after the first date on which either of the following 
     occurs:
       (A) The operation has continued for more than one year.
       (B) The total amount of obligations by the United States 
     Government for contracts for support of or in connection with 
     the operation has exceeded $250,000,000 in a fiscal year.
       (b) Comprehensive Risk Assessments.--A comprehensive risk 
     assessment for an overseas contingency operation under 
     subsection (a) shall consider, at a minimum, risks relating 
     to the following:
       (1) The goals and objectives of the operation (such as 
     risks from behavior that injures innocent members of the 
     local population or outrages their sensibilities).
       (2) The continuity of the operation (such as risks from 
     contractors walking off the job or being unable to perform 
     when there is no timely back-up available).
       (3) The safety of military and civilian personnel of the 
     United States if the presence or performance of contractor 
     personnel creates unsafe conditions or invites attack.
       (4) The managerial control of the Government over the 
     operation (such as risks from over-reliance on contractors to 
     monitor other contractors with inadequate means for 
     Government personnel to monitor their work).

[[Page S6899]]

       (5) The critical organic or core capabilities of the 
     Government, including critical knowledge or institutional 
     memory of key operations areas and subject-matter expertise.
       (6) The ability of the Government to control costs, avoid 
     organizational or personal conflicts of interest, and 
     minimize waste, fraud, and abuse.
       (c) Risk Mitigation Plans.--A risk mitigation plan for an 
     overseas contingency operation under subsection (a) shall 
     include, at a minimum, the following:
       (1) For each high risk area identified in the comprehensive 
     risk assessment for the operation performed under subsection 
     (a)--
       (A) specific actions to mitigate or reduce such risk, 
     including, but not limited to, the development of alternative 
     capabilities to reduce reliance on contractor performance of 
     critical functions;
       (B) measurable milestones for the implementation of planned 
     risk mitigation or risk reduction measures; and
       (C) a process for monitoring, measuring, and documenting 
     progress in mitigating or reducing risk.
       (2) A continuing process for identifying and addressing new 
     and changed risks arising in the course of the operation, 
     including the periodic reassessment of risks and the 
     development of appropriate risk mitigation or reduction plans 
     for any new or changed high risk area identified.
       (d) Reports to Congress.--
       (1) In general.--Not later than 30 days after the 
     completion of a comprehensive risk assessment and risk 
     mitigation plan under subsection (a), the head of the covered 
     agency concerned shall submit to the appropriate committees 
     of Congress a report setting forth a summary description of 
     the assessment and plan, including a description of the risks 
     identified through the assessment and the actions to be taken 
     to address such risks.
       (2) Form.--Each report shall be submitted in unclassified 
     form, but may include a classified annex.
       (e) Critical Functions.--For purposes of this section, 
     critical functions include, at a minimum, the following:
       (1) Private security functions, as that term is defined in 
     section 864(a)(5) of the National Defense Authorization Act 
     for Fiscal Year 2008 (10 U.S.C. 2302 note).
       (2) Training and advising government personnel, including 
     military and security personnel, of a host nation.
       (3) Conducting intelligence or information operations.
       (4) Any other functions that are closely associated with 
     inherently governmental functions, including the functions 
     set forth in section 7.503(d) of the Federal Acquisition 
     Regulation.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``covered agency'' means the following:
       (A) The Department of Defense.
       (B) The Department of State.
       (C) The United States Agency for International Development.
       (3) The term ``overseas contingency operation'' means a 
     military operation outside the United States and its 
     territories and possessions that is a contingency operation 
     (as that term is defined in section 101(a)(13) of title 10, 
     United States Code).

       On page 271, after line 20, add the following:

     SEC. 869. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS 
                   CONTINGENCY OPERATIONS.

       (a) In General.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) by redesignating section 8L as section 8M; and
       (2) by inserting after section 8K the following new section 
     8L:

     ``SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS CONTINGENCY 
                   OPERATIONS.

       ``(a) In General.--Upon the commencement or designation of 
     a military operation as an overseas contingency operation 
     that exceeds 90 days, the Inspectors General specified in 
     subsection (b) shall have the responsibilities specified in 
     this section.
       ``(b) Inspectors General.--The Inspectors General specified 
     in this subsection are the Inspectors General as follows:
       ``(1) The Inspector General of the Department of Defense.
       ``(2) The Inspector General of the Department of State.
       ``(3) The Inspector General of the United States Agency for 
     International Development.
       ``(c) Standing Committee on Overseas Contingency 
     Operations.--(1) The Council of Inspectors General on 
     Integrity and Efficiency (CIGIE) shall establish a standing 
     committee on overseas contingency operations. The standing 
     committee shall consist of the following:
       ``(A) A chair, who shall be the Lead Inspector General for 
     an overseas contingency operation under subsection (d) if 
     such an operation is underway, and shall be an Inspector 
     General specified in subsection (b) selected by the 
     Inspectors General specified in that subsection from among 
     themselves if such an operation is not undeway.
       ``(B) The other Inspectors General specified in subsection 
     (b).
       ``(C) For the duration of any contingency operation that 
     exceeds 90 days, any other inspectors general determined by 
     the chair, in coordination with the other Inspectors General 
     specified in subsection (b), to have actual or potential 
     areas of responsibility with respect to the contingency 
     operation.
       ``(2) The standing committee shall have such on-going 
     responsibilities, including planning, coordination, and 
     development of practices, to improve oversight of overseas 
     contingency operations as the chair considers appropriate.
       ``(3)(A) For the duration of any contingency operation that 
     exceeds 90 days, the standing committee shall develop and 
     update on an annual basis a joint-strategic plan for ongoing 
     and planned oversight of the contingency operation by the 
     Inspectors General specified in subsection (b) and designated 
     pursuant to paragraph (1)(C), including the following:
       ``(i) Audit and available inspection plans.
       ``(ii) An overall assessment of such oversight, including 
     projects or areas (whether departmental or government-wide) 
     of concern or in need of further review.
       ``(iii) Such other matters as the Lead Inspector General 
     for the contingency operation considers appropriate.
       ``(B) Each plan under this paragraph, and any update of 
     such plan, shall be made available on an Internet website 
     available to the public. Each plan, and any update of such 
     plan, made so available shall be made available in 
     unclassified form.
       ``(d) Lead Inspector General for Overseas Contingency 
     Operations.--(1) There shall be a lead inspector general for 
     each overseas contingency operation that exceeds 90 days (in 
     this section referred to as the `Lead Inspector General' for 
     the contingency operation concerned).
       ``(2) The Lead Inspector General for a contingency 
     operation shall be the Inspector General of the Department of 
     Defense, who shall assume such role not later than 90 days 
     after the commencement or designation of the military 
     operation concerned as a contingency operation.
       ``(e) Responsibilities of Lead Inspector General.--(1) The 
     Lead Inspector General for an overseas contingency operation 
     shall have the following responsibilities:
       ``(A) To conduct oversight, in full coordination with the 
     other Inspectors General specified in subsection (b), over 
     all aspects of the contingency operation and to ensure, 
     either through joint or individual audits, inspections, and 
     investigations, independent and effective oversight of all 
     programs and operations of all departments and agencies in 
     the contingency operation.
       ``(B) To appoint, from among the offices of the other 
     Inspectors General specified in subsection (b), an Inspector 
     General to act as Associate Inspector General for the 
     overseas contingency operation who shall act in a 
     coordinating role to assist the Lead Inspector General in the 
     discharge of responsibilities under this subsection.
       ``(C)(i) If none of the Inspectors General specified in 
     subsection (b) has principal jurisdiction over a matter with 
     respect to the contingency operation, to exercise 
     responsibility for discharging oversight responsibilities in 
     accordance with this Act with respect to such matter.
       ``(ii) If more than one of the Inspectors General specified 
     in subsection (b) has jurisdiction over a matter with respect 
     to the contingency operation, to determine principal 
     jurisdiction for discharging oversight responsibilities in 
     accordance with this Act with respect to such matter.
       ``(D) To carry out such other responsibilities relating to 
     the coordination and efficient and effective discharge by the 
     Inspectors General specified in subsection (b) of duties 
     relating to the contingency operation as the Lead Inspector 
     General shall specify.
       ``(2) The Lead Inspector General for an overseas 
     contingency operation shall discharge the responsibilities 
     for the contingency operation under this subsection in a 
     manner consistent with the authorities and requirements of 
     this Act generally and the authorities and requirements 
     applicable to the Inspectors General specified in subsection 
     (b) under this Act.
       ``(f) Reports.--(1) The Lead Inspector General for an 
     overseas contingency operation shall, in coordination with 
     the other Inspectors General specified in subsection (b), 
     submit to the appropriate committees of Congress on a semi-
     annual basis, and make available on an Internet website 
     available to the public, a report summarizing, for the semi-
     annual period, the activities of the Lead Inspector General 
     and the other Inspectors General specified in subsection (b) 
     with respect to the contingency operation, including--
       ``(A) the status and results of audits, inspections, and 
     closed investigations, and of the number of referrals to the 
     Department of Justice;
       ``(B) updates and changes to overall plans for the review 
     of the contingency operation by inspectors general, including 
     plans for inspections and audits; and
       ``(C) the activities under programs and operations funded 
     with amounts appropriated or otherwise made available for the 
     overseas contingency operation, including the information 
     specified in paragraph (2).

[[Page S6900]]

       ``(2) The information specified in this paragraph with 
     respect to an overseas contingency operation is as follows:
       ``(A) Obligations and expenditures of appropriated funds.
       ``(B) A project-by-project and program-by-program 
     accounting of the costs incurred to date for the contingency 
     operation, together with the estimate of the Department of 
     Defense, the Department of State, and the United States 
     Agency for International Development, as applicable, of the 
     costs to complete each project and program above the 
     simplified acquisition threshold.
       ``(C) Revenues attributable to or consisting of funds 
     provided by foreign nations or international organizations to 
     programs and projects for the contingency operation that are 
     funded by any department or agency of the United States 
     Government, and any obligations or expenditures of such 
     revenues.
       ``(D) Revenues attributable to or consisting of foreign 
     assets seized or frozen that contribute to programs and 
     projects for the contingency operation that are funded by any 
     department or agency of the United States Government, and any 
     obligations or expenditures of such revenues.
       ``(E) Operating expenses of agencies or entities receiving 
     amounts appropriated or otherwise made available for the 
     contingency operation.
       ``(F) In the case of any contract, grant, agreement, or 
     other funding mechanism described in paragraph (3) with 
     respect to the contingency operation--
       ``(i) the amount of the contract, grant, agreement, or 
     other funding mechanism;
       ``(ii) a brief discussion of the scope of the contract, 
     grant, agreement, or other funding mechanism;
       ``(iii) a discussion of how the department or agency of the 
     United States Government involved in the contract, grant, 
     agreement, or other funding mechanism identified, and 
     solicited offers from, potential individuals or entities to 
     perform the contract, grant, agreement, or other funding 
     mechanism, together with a list of the potential individuals 
     or entities that were issued solicitations for the offers; 
     and
       ``(iv) the justification and approval documents on which 
     was based the determination to use procedures other than 
     procedures that provide for full and open competition.
       ``(3) A contract, grant, agreement, or other funding 
     mechanism described in this paragraph is any major contract, 
     grant, agreement, or other funding mechanism that is entered 
     into by any department or agency of the United States 
     Government that involves the use of amounts appropriated or 
     otherwise made available for reconstruction and other related 
     activities in the contingency operation concerned with any 
     public or private sector entity, including any of the 
     following purposes:
       ``(A) To build or rebuild physical infrastructure.
       ``(B) To establish or reestablish a political or societal 
     function or institution.
       ``(C) To provide products or services.
       ``(4) Each report under this subsection shall be submitted 
     in unclassified form, but may include a classified annex.
       ``(g) Temporary Employment Authority.--(1) Each Inspector 
     General specified in subsection (b) may employ, on a 
     temporary basis using the authorities in section 3161 of 
     title 5, United States Code (but without regard to 
     subsections (a) and (b)(2) of such section), such auditors, 
     inspectors, investigators, and other personnel as such 
     Inspector General considers appropriate for purposes of 
     assisting such Inspector General in discharging 
     responsibilities under subsection (e) with respect to an 
     overseas contingency operation.
       ``(2) The employment under this subsection of an annuitant 
     described in section 9902(g) of title 5, United States Code, 
     shall be governed by the provisions of such section as if the 
     position to which employed was a position in the Department 
     of Defense.
       ``(3) The employment under this subsection of an annuitant 
     receiving an annuity under the Foreign Service Retirement and 
     Disability System under chapter 8 of the Foreign Service Act 
     of 1980 (22 U.S.C. 4041 et seq.) shall be treated as 
     employment in an elective position in the Government on a 
     temporary basis under section 824(b) of the Foreign Service 
     Act of 1980 (22 U.S.C. 4064(b)) for which continued receipt 
     of annuities may be elected as provided in such section.
       ``(4) The authority to employ personnel under this 
     subsection for a contingency operation shall cease as 
     provided for in subsection (h).
       ``(h) Sunset for Particular Contingency Operations.--The 
     requirements and authorities of this section with respect to 
     an overseas contingency operation shall cease at the earlier 
     of--
       ``(1) the end of the first fiscal year after the 
     commencement or designation of the contingency operation in 
     which the total amount appropriated for the contingency 
     operation is less than $250,000,000 (in constant fiscal year 
     2012 dollars); or
       ``(2) the date that is 18 months after the date of the 
     issuance by the Secretary of Defense of an order terminating 
     the contingency operation.
       ``(i) Construction of Authority.--Nothing in this Act shall 
     be construed to limit the ability of the Inspectors General 
     specified in subsection (b) to enter into agreements to 
     conduct joint audits, inspections, or investigations in the 
     exercise of their oversight responsibilities in accordance 
     with this Act with respect to overseas contingency 
     operations.
       ``(j) Definitions.--In this section:
       ``(1) The term `overseas contingency operation' means a 
     military operation outside the United States and its 
     territories and possessions that is a contingency operation 
     (as that term is defined in section 101(a)(13) of title 10, 
     United States Code).
       ``(2) The term `simplified acquisition threshold' has the 
     meaning provided that term in section 2302(7) of title 10, 
     United States Code.''.
       (b) Conforming Amendment Relating to Temporary Employment 
     Authority.--Section 3161 of title 5, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(j) Lead Inspectors General for Overseas Contingency 
     Operations as Temporary Organization.--In addition to the 
     meaning given that term in subsection (a), the term 
     `temporary organization' for purposes of this subchapter 
     shall, without regard to subsections (a) and (b)(2) of this 
     section, also include the Lead Inspector General for an 
     overseas contingency operation under section 8L of the 
     Inspector General Act of 1978 and the Inspectors General and 
     inspector general office personnel assisting the Lead 
     Inspector General in the discharge of responsibilities and 
     authorities under subsection (e) of such section 8L with 
     respect to the contingency operation.''.

     SEC. 870. 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 make available to the Inspector 
     General of the department or agency concerned the information 
     required by subsection (f)(2) of section 8L of the Inspector 
     General Act of 1978 (as amended by section 869 of this Act) 
     on the contingency operation.
       (b) Inspector General Audits.--Not later than 90 days after 
     receipt of a report under subsection (a), each Inspector 
     General referred to in that subsection shall--
       (1) perform an audit on the quality of the information 
     submitted in such report, including an assessment of the 
     completeness and accuracy of the information and the extent 
     to which the information fully satisfies the requirements of 
     such Inspector General in preparing the semi-annual report 
     described in subsection (f)(1)(C) of section 8L of the 
     Inspector General Act of 1978 (as so amended); and
       (2) submit to the appropriate committees of Congress a 
     report on the reliability, accuracy, and completeness of the 
     information, including any significant problems in such 
     information.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``overseas contingency operation'' means a 
     military operation outside the United States and its 
     territories and possessions that is a contingency operation 
     (as that term is defined in section 101(a)(13) of title 10, 
     United States Code).

     SEC. 871. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES 
                   FOR OVERSEAS CONTINGENCY OPERATIONS IN 
                   RESPONSIBILITIES OF CHIEF ACQUISITION OFFICERS 
                   OF FEDERAL AGENCIES.

       (a) In General.--Subsection (b)(3) of section 1702 of title 
     41, United States Code, is amended--
       (1) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (2) by inserting after subparagraph (E) the following new 
     subparagraph (F):
       ``(F) advising the executive agency on the applicability of 
     relevant policy on the contracts of the agency for overseas 
     contingency operations and ensuring the compliance of the 
     contracts and contracting activities of the agency with such 
     policy;''.
       (b) Definition.--Such section is further amended by adding 
     at the following new subsection:
       ``(d) Overseas Contingency Operations Defined.--In this 
     section, the term `overseas contingency operations' means 
     military operations outside the United States and its 
     territories and possessions that are a contingency operation 
     (as that term is defined in section 101(a)(13) of title 
     10).''.

     SEC. 872. REPORTS ON RESPONSIBILITY WITHIN DEPARTMENT OF 
                   STATE AND THE UNITED STATES AGENCY FOR 
                   INTERNATIONAL DEVELOPMENT FOR CONTRACT SUPPORT 
                   FOR OVERSEAS CONTINGENCY OPERATIONS.

       (a) DoS and USAID Reports Required.--Not later than six 
     months after the date of the enactment of this Act, the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development shall, in consultation 
     with the Chief

[[Page S6901]]

     Acquisition Officer of the Department of State and the Chief 
     Acquisition Officer of the United States Agency for 
     International Development, respectively, each submit to the 
     appropriate committees of Congress an assessment of 
     Department of State and United States Agency for 
     International Development policies governing contract support 
     in overseas contingency operations.
       (b) Elements.--Each report under subsection (a) shall 
     include the following:
       (1) A description and assessment of the roles and 
     responsibilities of the officials, offices, and components of 
     the Department of State or the United States Agency for 
     International Development, as applicable, within the chain of 
     authority and responsibility for policy, planning, and 
     execution of contract support for overseas contingency 
     operations.
       (2) Procedures and processes of the Department or Agency, 
     as applicable, on the following in connection with contract 
     support for overseas contingency operations:
       (A) Collection, inventory, and reporting of data.
       (B) Acquisition planning.
       (C) Solicitation and award of contracts.
       (D) Requirements development and management.
       (E) Contract tracking and oversight.
       (F) Performance evaluations.
       (G) Risk management.
       (H) Interagency coordination and transition planning.
       (3) Strategies and improvements necessary for the 
     Department or the Agency, as applicable, to address reliance 
     on contractors, workforce planning, and the recruitment and 
     training of acquisition workforce personnel, including the 
     anticipated number of personnel needed to perform acquisition 
     management and oversight functions and plans for achieving 
     personnel staffing goals, in connection with overseas 
     contingency operations.
       (c) Comptroller General Report.--Not later than one year 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of Congress a report on the progress of the 
     efforts of the Department of State and the United States 
     Agency for International Development in implementing 
     improvements and changes identified under paragraphs (1) 
     through (3) of subsection (b) in the reports required by 
     subsection (a), together with such additional information as 
     the Comptroller General considers appropriate to further 
     inform such committees on issues relating to the reports 
     required by subsection (a).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.

     SEC. 873. PROFESSIONAL EDUCATION FOR DEPARTMENT OF STATE 
                   PERSONNEL ON ACQUISITION FOR DEPARTMENT OF 
                   STATE SUPPORT AND PARTICIPATION IN 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.
       (b) Covered Department of State Personnel.--The Department 
     of State personnel specified in this subsection are as 
     follows:
       (1) The Chief Acquisition Officer of the Department of 
     State.
       (2) Personnel of the Department designated by the Chief 
     Acquisition Officer, including contracting officers and other 
     contracting personnel.
       (3) Such other personnel of the Department as the Secretary 
     of State shall designate for purposes of this section.
       (c) Elements.--
       (1) Curriculum content.--The course of professional 
     education under this section shall include appropriate 
     content on the following:
       (A) Contingency contracting.
       (B) Contingency program management.
       (C) The strategic impact of contracting costs on the 
     mission and activities of the Department of State.
       (D) Such other matters relating to acquisition by the 
     Department for Department support for, or participation in, 
     overseas contingency operations as the Secretary of State 
     considers appropriate.
       (2) Phased approach.--The course of professional education 
     may be broken into two or more phases of professional 
     education with curriculum or modules of education suitable 
     for the Department of State personnel specified in subsection 
     (b) at different phases of professional advancement within 
     the Department.
       (d) Definitions.--In this section:
       (1) The term ``contingency contracting'' means all stages 
     of the process of acquiring property or services by the 
     Department of State for Department of State support for, and 
     participation in, overseas contingency operations.
       (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.
       (3) The term ``overseas contingency operation'' means a 
     military operation outside the United States and its 
     territories and possessions that is a contingency operation 
     (as that term is defined in section 101(a)(13) of title 10, 
     United States Code).

     SEC. 874. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES 
                   UNDER FEDERAL CONTRACTS.

       (a) Database Required.--
       (1) In general.--Chapter 33 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3312. Database on price trends of items and services 
       under Federal contracts

       ``(a) Database Required.--The Administrator shall establish 
     and maintain a database of information on price trends for 
     items and services under contracts with the Federal 
     Government. The information in the database shall be designed 
     to assist Federal acquisition officials in the following:
       ``(1) Monitoring developments in price trends for items and 
     services under contracts with the Federal Government.
       ``(2) Conducting pricing or cost analyses for items and 
     services under offers for contracts with the Federal 
     Government, or otherwise conducting determinations of the 
     reasonableness of prices for items and services under such 
     offers, and addressing unjustified escalation in prices being 
     paid by the Federal Government for items and services under 
     contracts with the Federal Government.
       ``(b) Use.--(1) The database under subsection (a) shall be 
     available to executive agencies in the evaluation of offers 
     for contracts with the Federal Government for items and 
     services.
       ``(2) The Secretary of Defense may satisfy the requirements 
     of this section by complying with the requirements of section 
     892 of the Ike Skelton National Defense Authorization Act for 
     Fiscal Year 2011 (10 U.S.C. 2306a note).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 33 of such title is amended by adding at 
     the end the following new item:

``3312. Database on price trends of items and services under Federal 
              contracts.''.
       (b) Use of Elements of Department of Defense Pilot 
     Project.--In establishing the database required by section 
     3312 of title 41, United States Code (as added by subsection 
     (a)), the Administrator of Federal Procurement Policy shall 
     use and incorporate appropriate elements of the pilot project 
     on pricing of the Department of Defense being carried out by 
     the Director of Defense Pricing.

     SEC. 875. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND 
                   INTEGRITY THROUGH THE FEDERAL AWARDEE 
                   PERFORMANCE AND INTEGRITY INFORMATION SYSTEM.

       (a) Inclusion of Corporations Among Covered Persons.--
     Subsection (b) of section 872 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4555) is amended by inserting ``(including 
     a corporation)'' after ``Any person'' both places it appears.
       (b) Information on Corporations.--Subsection (d) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(3) Information on corporations.--The information on a 
     corporation in the database shall, to the extent practicable, 
     include information on any parent, subsidiary, or successor 
     entities to the corporation in manner designed to give the 
     acquisition officials using the database a comprehensive 
     understanding of the performance and integrity of the 
     corporation in carrying out Federal contracts and grants.''.

     SEC. 876. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST 
                   PERFORMANCE DATABASES FOR EXECUTIVE AGENCY 
                   SOURCE SELECTION DECISIONS.

       (a) Strategy Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall develop a strategy for ensuring that timely, 
     accurate, and complete information on contractor performance 
     is included in past performance databases used by executive 
     agencies for making source selection decisions.
       (2) Consultation with usdatl.--In developing the strategy 
     required by this subsection, the Federal Acquisition 
     Regulatory Council shall consult with the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics to ensure 
     that the strategy is, to the extent practicable, consistent 
     with the strategy developed by the Under Secretary pursuant 
     to section 806 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10 
     U.S.C. 2302 note).
       (b) Elements.--The strategy required by subsection (a) 
     shall, at a minimum--
       (1) establish standards for the timeliness and completeness 
     of past performance submissions for purposes of databases 
     described in subsection (a);
       (2) assign responsibility and management accountability for 
     the completeness of past performance submissions for such 
     purposes; and
       (3) ensure that past performance submissions for such 
     purposes are consistent with

[[Page S6902]]

     award fee evaluations in cases where such evaluations have 
     been conducted.
       (c) Contractor Comments.--Not later than 180 days after the 
     date of the enactment of this Act, the Federal Acquisition 
     Regulation shall be revised to require the following:
       (1) That affected contractors are provided, in a timely 
     manner, information on contractor performance to be included 
     in past performance databases in accordance with subsection 
     (a).
       (2) That such contractors are afforded up to 14 calendar 
     days, from the date of delivery of the information provided 
     in accordance with paragraph (1), to submit comments, 
     rebuttals, or additional information pertaining to past 
     performance for inclusion in such databases.
       (3) That agency evaluations of contractor past performance, 
     including any information submitted under paragraph (2), are 
     included in the relevant past performance database not later 
     than the date that is 14 days after the date of delivery of 
     the information provided in accordance with paragraph (1).
       (d) Construction.--Nothing in this section shall be 
     construed to prohibit a contractor from submitting comments, 
     rebuttals, or additional information pertaining to past 
     performance after the period described in subsection (c)(2) 
     has elapsed or to prohibit a contractor from challenging a 
     past performance evaluation in accordance with applicable 
     laws, regulations, or procedures.
       (e) Comptroller General Report.--Not later than 18 months 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of Congress a report on the actions taken by the 
     Federal Acquisition Regulatory Council pursuant to this 
     section, including an assessment of the following:
       (1) The extent to which the strategy required by subsection 
     (a) is consistent with the strategy developed by the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics as described in subsection (a)(2).
       (2) The extent to which the actions of the Federal 
     Acquisition Regulatory Council pursuant to this section have 
     otherwise achieved the objectives of this section.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code, 
     except that the term excludes the Department of Defense and 
     the military departments.
       (3) The term ``Federal Acquisition Regulatory Council'' 
     means the Federal Acquisition Regulatory Council under 
     section 1302(a) of title 41, United States Code.

       Strike section 881 and insert the following:

     SEC. 881. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND 
                   DEBARMENT OFFICIALS OF THE DEPARTMENT OF 
                   DEFENSE, THE DEPARTMENT OF STATE, AND THE 
                   UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the head of the covered agency 
     concerned shall ensure the following:
       (1) There shall be not less than one suspension and 
     debarment official--
       (A) in the case of the Department of Defense, for each of 
     the Department of the Army, the Department of the Navy, the 
     Department of the Air Force, and the Defense Logistics 
     Agency;
       (B) for the Department of State; and
       (C) for the United States Agency for International 
     Development.
       (2) A suspension and debarment official under paragraph (1) 
     may not report to or be subject to the supervision of the 
     acquisition office or the Inspector General of--
       (A) in the case of the Department of Defense, either the 
     Department of Defense or the military department or Defense 
     Agency concerned; and
       (B) in the case of any other covered agency, the 
     acquisition office or the Inspector General of such agency.
       (3)(A) Except as provided in subparagraph (B), the duties 
     of a suspension and debarment official under paragraph (1) 
     may include only the following:
       (i) The direction, management, and oversight of suspension 
     and debarment activities.
       (ii) The direction, management, and oversight of fraud 
     remedies activities.
       (iii) 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).
       (B) The limitation in subparagraph (A) shall not be 
     construed to prohibit a suspension and debarment official 
     under paragraph (1) from providing authorized legal advice to 
     the extent that the provision of such advice does not present 
     a conflict of interest with the exercise of the duties of the 
     suspension and debarment official under subparagraph (A).
       (4) Each suspension and debarment official under paragraph 
     (1) shall have a staff and resources adequate for the 
     discharge of the suspension and debarment responsibilities of 
     such official.
       (5) Each suspension and debarment official under paragraph 
     (1) shall document the basis for any decision taken pursuant 
     to a referral in accordance with the policies established 
     under paragraph (7), including, but not limited to, the 
     following:
       (A) Any decision to suspend or debar any person or entity.
       (B) Any decision not to suspend or debar any person or 
     entity.
       (C) Any decision declining to pursue suspension or 
     debarment of any person or entity.
       (D) Any administrative agreement entered with any person or 
     persons in lieu of suspension or debarment of such person or 
     entity.
       (6) Any decision under subparagraphs (B) through (D) of 
     paragraph (5) shall not preclude a subsequent decision by a 
     suspension and debarment official under paragraph (1) to 
     suspend, debar, or enter into any administrative agreement 
     with any person or entity based on additional information or 
     changed circumstances. All cases, whether based on referral 
     or internally developed, shall be documented prior to closure 
     by the suspension and debarment official.
       (7) Each suspension and debarment official under paragraph 
     (1) shall, in consultation with the General Counsel of the 
     covered agency concerned, establish in writing policies for 
     the consideration of the following:
       (A) Referrals of suspension and debarment matters.
       (B) Suspension and debarment matters that are not referred.
       (b) Covered Agency Defined.--In subsection (a), the term 
     ``covered agency'' means the following:
       (1) The Department of Defense.
       (2) The Department of State.
       (3) The United States Agency for International Development.
       (c) Duties of Interagency Committee on Debarment and 
     Suspension.--Section 873 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (31 U.S.C. 
     6101 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, including with 
     respect to contracts in connection with contingency 
     operations'' before the semicolon; and
       (B) in paragraph (7)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following new subparagraphs
       ``(D) a summary of suspensions, debarments, and 
     administrative agreements during the previous year; and
       ``(E) a summary of referrals of suspension and debarment 
     matters received during the previous year, including an 
     identification of the agencies making such referrals and an 
     assessment of the timeliness of such referrals.''; and
       (2) by striking subsection (b) and inserting the following 
     new subsections:
       ``(b) Date of Submittal of Annual Reports.--The annual 
     report required by subsection (a)(7) shall be submitted not 
     later than 120 days after the end of the first fiscal year 
     ending after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2013, and annually 
     thereafter.
       ``(c) Definitions.--In this section:
       ``(1) The term `contingency operation' has the meaning 
     given that term in section 101(a)(13) of title 10, United 
     States Code.
       ``(2) The term `Interagency Committee on Debarment and 
     Suspension' means the committee constituted under sections 4 
     and 5 of Executive Order No. 12549.''.

     SEC. 881A. 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 Regulation 
     shall be revised to provide for the automatic referral of a 
     person described in subsection (b) to the appropriate 
     suspension and debarment official for a determination whether 
     or not the person should be suspended or debarred.
       (b) Covered Persons.--A person described in this subsection 
     is any person as follows:
       (1) A person who has been charged with a Federal criminal 
     offense relating to the award or performance of a contract of 
     an executive agency.
       (2) A person who has been alleged, in a civil or criminal 
     proceeding brought by the United States, to have engaged in 
     fraudulent actions in connection with the award or 
     performance of a contract of an executive agency.
       (3) A person that does not maintain an office within the 
     United States and has been determined by the head of a 
     contracting agency of an executive 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 
     executive agency.
       (c) Definitions.--In this section:
       (1) The term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code.
       (2) The term ``person'' has the meaning given that term in 
     section 1 of title 1, United States Code.

       Strike section 882 and insert the following:

[[Page S6903]]

     SEC. 882. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS.

       (a) Uniform Standards and Controls Required.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the officials specified in subsection (b) shall--
       (1) establish uniform data standards, internal control 
     requirements, independent verification and validation 
     requirements, and business process rules for processing 
     procurement requests, contracts, receipts, and invoices by 
     the Department of Defense or other executive agencies, as 
     applicable;
       (2) establish and maintain one or more approved electronic 
     contract writing systems that conform with the standards, 
     requirements, and rules established pursuant to paragraph 
     (1); and
       (3) require the use of electronic contract writing systems 
     approved in accordance with paragraph (2) for all contracts 
     entered into by the Department of Defense or other executive 
     agencies, as applicable.
       (b) Covered Officials.--The officials specified in this 
     subsection are the following:
       (1) The Secretary of Defense, with respect to the 
     Department of Defense and the military departments.
       (2) The Administrator of the Office of Federal Procurement 
     Policy, with respect to the executive agencies other than the 
     Department of Defense and the military departments.
       (c) Electronic Writing Systems for Department of State and 
     USAID.--Notwithstanding subsection (b)(2), the Secretary of 
     State and the Administrator of the United States Agency for 
     International Development may meet the requirements of 
     subsection (a)(2) with respect to approved electronic 
     contract writing systems for the Department of State and the 
     United States Agency for International Development, 
     respectively, if the Secretary and the Administrator, as the 
     case may be, demonstrate to the Administrator of the Office 
     of Federal Procurement Policy that prior investment of 
     resources in existing contract writing systems will result in 
     the most cost effective and efficient means to satisfy such 
     requirements.
       (d) Phase-in of Implementation of Requirement for Approved 
     Systems.--The officials specified in 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.
       (e) Reports.--Not later than 180 days after the date of the 
     enactment of this Act, the officials specified in subsection 
     (b) shall each submit to the appropriate committees of 
     Congress a report on the implementation of the requirements 
     of this section. Each report shall, at a minimum--
       (1) describe the standards, requirements, and rules 
     established pursuant to subsection (a)(1);
       (2) identify the electronic contract writing systems 
     approved pursuant to subsection (a)(2) and, if multiple 
     systems are approved, explain why the use of such multiple 
     systems is the most efficient and effective approach to meet 
     the contract writing needs of the Federal Government; and
       (3) provide the schedule for phasing in the use of approved 
     electronic contract writing systems in accordance with 
     subsections (a)(3) and (d).
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code.

       Strike section 883 and insert the following:

     SEC. 883. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF 
                   USE BY THE DEPARTMENT OF DEFENSE, THE 
                   DEPARTMENT OF STATE, AND THE UNITED STATES 
                   AGENCY FOR INTERNATIONAL DEVELOPMENT OF URGENT 
                   AND COMPELLING EXCEPTION TO COMPETITION.

       (a) Review Required.--The Comptroller General of the United 
     States shall review each of the following:
       (1) The use by the Department of Defense of the unusual and 
     compelling urgency exception to full and open competition 
     provided in section 2304(c)(2) of title 10, United States 
     Code.
       (2) The use by each of the Department of State and the 
     United States Agency for International Development of the 
     unusual and compelling urgency exception to full and open 
     competition provided in section 3304(a)(2) of title 41, 
     United States Code.
       (b) Matters To Be Reviewed.--The review of the use of an 
     unusual and compelling urgency exception required by 
     subsection (a) shall include a review of the following:
       (1) The pattern of use of the exception by acquisition 
     organizations within the Department of Defense, the 
     Department of State, and the United States Agency for 
     International Development in order to determine which 
     organizations are commonly using the exception and the 
     frequency of such use.
       (2) The range of items or services being acquired through 
     the use of the exception.
       (3) The process for reviewing and approving justifications 
     involving the exception.
       (4) Whether the justifications for use of the exception 
     typically meet the relevant requirements of the Federal 
     Acquisition Regulation applicable to the use of the 
     exception.
       (5) The extent to which the exception is used to solicit 
     bids or proposals from only one source and the extent to 
     which such sole-source procurements are appropriately 
     documented and justified.
       (6) The compliance of the Department of Defense, the 
     Department of State, and the United States Agency for 
     International Development with the requirements of section 
     2304(d)(3) of title 10, United States Code, or section 
     3304(c)(1)(B) of title 41, United States Code, as applicable, 
     that limit the duration of contracts awarded pursuant to the 
     exception and require approval for any such contract in 
     excess of one year.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     review required by subsection (a), including a discussion of 
     each of the matters specified in subsection (b). The report 
     shall include any recommendations relating to the matters 
     reviewed that the Comptroller General considers appropriate.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (2) 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.

       Strike section 1245 and insert the following:

     SEC. 1245. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL 
                   PROJECTS IN CONNECTION WITH OVERSEAS 
                   CONTINGENCY OPERATIONS.

       (a) Limitation.--
       (1) In general.--Commencing 60 days after the date of the 
     enactment of this Act--
       (A) amounts authorized to be appropriated for the 
     Department of Defense may not be obligated or expended for a 
     capital project described in subsection (b) unless the 
     Secretary of Defense, in consultation with the United States 
     commander of military operations in the country in which the 
     project will be carried out, completes an assessment on the 
     necessity and sustainability of the project;
       (B) amounts authorized to be appropriated for the 
     Department of State may not be obligated or expended for a 
     capital project described in subsection (b) unless the 
     Secretary of State, in consultation with the Chief of Mission 
     in the country in which the project will be carried out, 
     completes an assessment on the necessity and sustainability 
     of the project; and
       (C) amounts authorized to be appropriated for the United 
     States Agency for International Development may not be 
     obligated or expended for a capital project described in 
     subsection (b) unless the Administrator of the United States 
     Agency for International Development, in consultation with 
     the Mission Director and the Chief of Mission in the country 
     in which the project will be carried out, completes an 
     assessment on the necessity and sustainability of the 
     project.
       (2) Elements.--Each assessment on a capital project under 
     this subsection shall include, but not be limited to, the 
     following:
       (A) An estimate of the total cost of the completed project 
     to the United States.
       (B) An estimate of the financial and other requirements 
     necessary for the host government to sustain the project on 
     an annual basis after completion of the project.
       (C) An assessment whether the host government has the 
     capacity (in both financial and human resources) to maintain 
     and use the project after completion.
       (D) A description of any arrangements for the sustainment 
     of the project following its completion if the host 
     government lacks the capacity (in financial or human 
     resources) to maintain the project.
       (E) 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.
       (F) An assessment by the Secretary of Defense, where 
     applicable, of the effect of the project on the military 
     mission of the United States in the country concerned
       (b) Covered Capital Projects.--
       (1) In general.--Except as provided in paragraph (2), a 
     capital project described in this subsection is any capital 
     project overseas for an overseas contingency operation for 
     the benefit of a host country and funded by the Department of 
     Defense, the Department of State, or the United States Agency 
     for International Development, as applicable, if the capital 
     project--
       (A) in the case of a project that directly supports 
     building the capacity of indigenous security forces in the 
     host country, has an estimated value in excess of 
     $10,000,000;
       (B) in the case of any project not covered by subparagraph 
     (A) that is to be funded by the Department of State or the 
     United States Agency for International Development, has an 
     estimated value in excess of $5,000,000; or
       (C) in the case of any other project, has an estimated 
     value in excess of $2,000,000.

[[Page S6904]]

       (2) Exclusion.--A capital project described in this 
     subsection does not include any project for military 
     construction (as that term is defined in section 114(b) of 
     title 10, United States Code) or a military family housing 
     project under section 2821 of such title.
       (c) 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 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 (d) 
     after any waiver under this subsection, such Secretary or the 
     Administrator shall include a detailed justification of such 
     waiver. Not later than 45 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.
       (d) Semi-annual Reports.--
       (1) In general.--Not later than 30 days after the end of 
     each fiscal-year half-year 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 half-year, including the elements of each 
     capital project assessed specified in subsection (a)(2).
       (2) Additional elements.--In addition to the matters 
     provided for in paragraph (1), each report under that 
     paragraph shall include the following:
       (A) 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:
       (i) The stated goals of the project.
       (ii) 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.
       (iii) The current and anticipated levels of involvement of 
     local governments, communities, and individuals in the 
     project.
       (B) For each country or region in which a capital project 
     covered by such report is being carried out, an assessment of 
     the following:
       (i) The current and anticipated effects of violence in the 
     country or region on all the projects in the country or 
     region covered by such report.
       (ii) The current and anticipated levels of corruption or 
     fraud in the country or region in the connection with all the 
     projects in the country or region covered by such report, and 
     the current and anticipated risks of corruption or fraud in 
     connection with such projects.
       (3) Form.--Each report shall be submitted in unclassified 
     form, but may include a classified annex.
       (e) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``capital project'' has the meaning given that 
     term in section 308 of the Aid, Trade, and Competitiveness 
     Act of 1992 (22 U.S.C. 2421e).
       (3) The term ``overseas contingency operation'' means a 
     military operation outside the United States and its 
     territories and possessions that is a contingency operation 
     (as that term is defined in section 101(a)(13) of title 10, 
     United States Code).
                                 ______
                                 
  SA 2930. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 405, line 25, strike ``Section 1217(f)'' and insert 
     ``(a) Extension and Modification.--Section 1217(f)''.
       On page 407, between lines 17 and 18, insert the following:
       (b) Termination of Certain Unsustainable Projects in 
     Progress and Availability of Funds for Infrastructure 
     Projects in the United States.--
       (1) In general.--Effective 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     terminate each infrastructure project funded under section 
     1217 of the Ike Skelton National Defense Authorization Act 
     for Fiscal Year 2011 (as amended by subsection (a)) that is 
     in progress, but not completed, as of such effective date 
     unless the Secretary determines, with supporting auditable 
     information, that the Government of Afghanistan has the 
     capacity (in both financial and human resources) to 
     effectively maintain and use the project. If a project to be 
     terminated is being carried out by another department or 
     agency of the United States Government, the Secretary shall 
     terminate the project in coordination with the head of such 
     department or agency.
       (2) Availability of funds.--
       (A) Deposit of funds in treasury.--Notwithstanding 
     subsection (h) of section 1217 of the Ike Skelton National 
     Defense Authorization Act for Fiscal Year 2011, the Secretary 
     of Defense shall deposit in the Treasury an amount equal to 
     the amount remaining available for expenditure on 
     infrastructure projects terminated under paragraph (1) at the 
     time of termination. The amount deposited shall be derived 
     from amounts available for the infrastructure projects so 
     terminated.
       (B) Availability of funds.--From amounts in the Treasury 
     not otherwise appropriated, there shall be available to the 
     Secretary of Transportation for transportation infrastructure 
     projects in the United States otherwise authorized by law an 
     amount equal to the amount deposited in the Treasury under 
     subparagraph (A).
       (C) Coordination.--The Secretary of Defense and the 
     Secretary of Transportation shall carry out this paragraph in 
     coordination with the Secretary of the Treasury.
       (3) Report.--Not later than 210 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the appropriate committees of Congress a report setting 
     forth the determinations of the Secretary for purposes of 
     paragraph (1) whether or not to terminate each infrastructure 
     project described in that paragraph. If the Secretary 
     determines not to terminate a project, the element of the 
     report on the project shall include the auditable information 
     supporting the determination as described in that paragraph.
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 2931. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 201(2) and insert the following:
       (2) Aquatic habitat.--The term ``aquatic habitat'' means an 
     area on which an aquatic organism depends to carry out the 
     life processes of the organism, including an area used by the 
     organism for spawning, incubation, nursery, rearing, growth 
     to maturity, food supply, or migration.
                                 ______
                                 
  SA 2932. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       In section 211(e)(2), insert ``Federal or non-Federal'' 
     after ``use of''.
                                 ______
                                 
  SA 2933. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       In section 204(f)(4), strike ``considered to be approved'' 
     and insert ``considered to be rejected''.
                                 ______
                                 
  SA 2934. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purpose; which was ordered to lie on the table; as follows:

       On page 550, beginning on line 15, strike ``; and'' and all 
     that follows through line 16 and insert the following: ``;
       (2) by inserting ``or fiscal year 2013'' after ``fiscal 
     year 2012''; and
       (3) by inserting before the period at the end the
       (1)(A) are developed in accordance with rules accredited by 
     the American National Standards Institute; and
       (B) are approved as American National Standards; or

[[Page S6905]]

       (2) incorporate and document the use of lifecycle 
     assessment in the evaluation of building materials.
                                 ______
                                 
  SA 2935. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purpose; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title V, add the following:

     SEC. 526. COMMAND RESPONSIBILITY AND ACCOUNTABILITY FOR 
                   REMAINS OF MEMBERS OF THE ARMY, NAVY, AIR 
                   FORCE, AND MARINE CORPS WHO DIE OUTSIDE THE 
                   UNITED STATES.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall take such actions as 
     may be necessary to ensure that there is continuous, 
     designated military command responsibility and accountability 
     for the care, handling, and transportation of the remains of 
     each deceased member of the Army, Navy, Air Force, or Marine 
     Corps who dies outside the United States, beginning with the 
     initial recovery of the remains, through the defense mortuary 
     system, until the interment of the remains or the remains are 
     otherwise accepted by the person designated as provided by 
     section 1482(c) of title 10, United States Code, to direct 
     disposition of the remains.
                                 ______
                                 
  SA 2936. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purpose; which was ordered to lie on the table; as follows:

       On page 34, line 24, insert ``level II'' after 
     ``survivability''.
                                 ______
                                 
  SA 2937. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purpose; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XXVIII, add the 
     following:

     SEC. 2824. PROHIBITION ON USE OF FUNDS FOR IMPLEMENTATION OF 
                   CERTAIN GREEN BUILDING STANDARDS.

       No funds authorized to be appropriated by this Act or 
     otherwise made available for the Department of Defense for 
     fiscal year 2013 may be obligated or expended to implement or 
     use green building rating standards unless the standards--
                                 ______
                                 
  SA 2938. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title V, add the following:

     SEC. 526. REQUIREMENTS IN CONNECTION WITH CERTAIN TRANSFERS 
                   OF PERSONNEL TO THE ARMED FORCES FROM OTHER 
                   UNIFORMED SERVICES.

       In order to facilitate transfers of personnel to the Armed 
     Forces from other uniformed services pursuant to an inter-
     service transfer described in Department of Defense Directive 
     1300.4, dated December 27, 2006, the Secretary of Defense 
     shall--
       (1) coordinate with the Secretary of Homeland Security and 
     the Secretary of Commerce to promote and streamline such 
     transfers;
       (2) give preference to such transfers as a means of 
     recruitment of personnel for the Armed Forces; and
       (3) to the extent practicable, appoint a person upon 
     transfer in the same or equivalent grade held by the person 
     before transfer.
                                 ______
                                 
  SA 2939. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of C subtitle of title VIII, add the following:

     SEC. 847. CONSIDERATION AND VERIFICATION OF INFORMATION 
                   RELATING TO EFFECT ON DOMESTIC EMPLOYMENT OF 
                   AWARD OF DEFENSE CONTRACTS.

       (a) In General.--Section 2305(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(6)(A) The head of an agency, in issuing a solicitation 
     for competitive proposals, shall state in the solicitation 
     that the agency may consider information (in this paragraph 
     referred to as a `jobs impact statement') that the offeror 
     may include in its offer related to the effects on employment 
     within the United States of the contract if it is awarded to 
     the offeror.
       ``(B) The information that may be included in a jobs impact 
     statement may include the following:
       ``(i) The number of jobs expected to be created in the 
     United States, or the number of jobs retained that otherwise 
     would be lost, if the contract is awarded to the offeror.
       ``(ii) The number of jobs created or retained in the United 
     States by the subcontractors expected to be used by the 
     offeror in the performance of the contract.
       ``(iii) A guarantee from the offeror that jobs created or 
     retained in the United States in connection with the contract 
     will not be moved outside the United States after award of 
     the contract.
       ``(C) The contracting officer may consider the information 
     in the jobs impact statement in the evaluation of the offer.
       ``(D) The agency may request further information from the 
     offeror in order to verify the accuracy of the information in 
     the jobs impact statement.
       ``(E) In the case of a contract awarded to an offeror that 
     submitted a jobs impact statement with the offer for the 
     contract, the agency shall, not later than six months after 
     the award of the contract and annually thereafter for the 
     duration of the contract or contract extension, assess the 
     accuracy of the jobs impact statement.
       ``(F) The Secretary of Defense shall submit to Congress an 
     annual report on the frequency of use within the Department 
     of Defense of jobs impact statements in the evaluation of 
     competitive proposals.''.
       (b) Revision of Federal Acquisition Regulations.--The 
     Federal Acquisition Regulation shall be revised to implement 
     the amendment made by this section.
                                 ______
                                 
  SA 2940. Mr. BLUMENTHAL (for himself, Mr. Kerry, Mrs. Murray, and Ms. 
Landrieu) submitted an amendment intended to be proposed by him to the 
bill S. 3254, to authorize appropriations for fiscal year 2013 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1048. MILITARY WORKING DOG MATTERS.

       (a) Retirement of Military Working Dogs.--
       (1) Section 2583 of title 10, United States Code, is 
     amended--
       (A) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (B) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Transfer of Retired Military Working Dogs.--If the 
     Secretary of the military department concerned determines 
     that a military working dog should be retired, and no 
     suitable adoption is available at the military facility where 
     the dog is located, the Secretary may transfer the dog--
       ``(1) to the 341st Training Squadron; or
       ``(2) to another location for adoption under this 
     section.''.
       (b) Veterinary Care for Retired Military Working Dogs.--
       (1) In general.--Chapter 50 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 993. Military working dogs: veterinary care for 
       retired military working dogs

       ``(a) In General.--The Secretary of Defense may establish 
     and maintain a system to provide for the veterinary care of 
     retired military working dogs. No funds may be provided by 
     the Federal Government for this purpose.
       ``(b) Eligible Dogs.--A retired military working dog 
     eligible for veterinary care under this section is any 
     military working dog adopted under section 2583 of this 
     title.
       ``(c) Standards of Care.--The veterinary care provided 
     under the system authorized by this section shall meet such 
     standards as the Secretary shall establish and from time to 
     time update.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 50 of such title is amended by adding at 
     the end the following new item:

``993. Military working dogs: veterinary care for retired military 
              working dogs.''.
       (c) Recognition of Service of Military Working Dogs.--The 
     Secretary of Defense may authorize the recognition of 
     military working dogs that are killed, wounded, or missing in 
     action and military working dogs that perform an 
     exceptionally meritorious or courageous act in service to the 
     United States.

[[Page S6906]]

                                 ______
                                 
  SA 2941. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1084. PROTECTION OF VETERANS' MEMORIALS.

       Section 2314 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``In the case of an offense under the first paragraph of 
     this section, if the goods, wares, or merchandise consist of 
     or include a veterans' memorial, the requirement of that 
     paragraph that the goods, wares, or merchandise have a value 
     of $5,000 or more does not apply. In this paragraph, the term 
     `veterans' memorial' means a grave marker, headstone, 
     monument, or other object, intended to permanently honor a 
     veteran or mark a veteran's grave, or any monument that 
     signifies an event of national military historical 
     significance.''.
                                 ______
                                 
  SA 2942. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 248, between lines 19 and 20, insert the following:

     SEC. 844A. WHISTLEBLOWER PROTECTIONS FOR NON-DEFENSE 
                   CONTRACTORS.

       (a) Whistleblower Protections.--
       (1) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``SEC. 4712. CONTRACTOR AND GRANTEE EMPLOYEES: PROTECTION 
                   FROM REPRISAL FOR DISCLOSURE OF CERTAIN 
                   INFORMATION.

       ``(a) Prohibition of Reprisals.--
       ``(1) In general.--An employee of a contractor, 
     subcontractor, or grantee may not be discharged, demoted, or 
     otherwise discriminated against as a reprisal for disclosing 
     to a person or body described in paragraph (2) information 
     that the employee reasonably believes is evidence of gross 
     mismanagement of a Federal contract or grant, a gross waste 
     of Federal funds, an abuse of authority relating to a Federal 
     contract or grant, a substantial and specific danger to 
     public health or safety, or a violation of law, rule, or 
     regulation related to a Federal contract (including the 
     competition for or negotiation of a contract) or grant.
       ``(2) Persons and bodies covered.--The persons and bodies 
     described in this paragraph are the persons and bodies as 
     follows:
       ``(A) A Member of Congress or a representative of a 
     committee of Congress.
       ``(B) An Inspector General.
       ``(C) The Government Accountability Office.
       ``(D) A Federal employee responsible for contract or grant 
     oversight or management at the relevant agency.
       ``(E) An authorized official of the Department of Justice 
     or other law enforcement agency.
       ``(F) A court or grand jury.
       ``(G) A management official or other employee of the 
     contractor, subcontractor, or grantee who has the 
     responsibility to investigate, discover, or address 
     misconduct.
       ``(3) Rules of construction.--For the purposes of paragraph 
     (1)--
       ``(A) an employee who initiates or provides evidence of 
     contractor, subcontractor, or grantee misconduct in any 
     judicial or administrative proceeding relating to waste, 
     fraud, or abuse on a Federal contract or grant shall be 
     deemed to have made a disclosure covered by such paragraph; 
     and
       ``(B) a reprisal described in paragraph (1) is prohibited 
     even if it is undertaken at the request of an executive 
     branch official, unless the request takes the form of a non-
     discretionary directive and is within the authority of the 
     executive branch official making the request.
       ``(b) Investigation of Complaints.--
       ``(1) Submission of complaint.--A person who believes that 
     the person has been subjected to a reprisal prohibited by 
     subsection (a) may submit a complaint to the Inspector 
     General of the executive agency involved. Unless the 
     Inspector General determines that the complaint is frivolous, 
     fails to allege a violation of the prohibition in subsection 
     (a), or has previously been addressed in another Federal or 
     State judicial or administrative proceeding initiated by the 
     complainant, the Inspector General shall investigate the 
     complaint and, upon completion of such investigation, submit 
     a report of the findings of the investigation to the person, 
     the contractor or grantee concerned, and the head of the 
     agency.
       ``(2) Inspector general action.--
       ``(A) Determination or submission of report on findings.--
     Except as provided under subparagraph (B), the Inspector 
     General shall make a determination that a complaint is 
     frivolous, fails to allege a violation of the prohibition in 
     subsection (a), or has previously been addressed in another 
     Federal or State judicial or administrative proceeding 
     initiated by the complainant or submit a report under 
     paragraph (1) within 180 days after receiving the complaint.
       ``(B) Extension of time.--If the Inspector General is 
     unable to complete an investigation in time to submit a 
     report within the 180-day period specified in subparagraph 
     (A) and the person submitting the complaint agrees to an 
     extension of time, the Inspector General shall submit a 
     report under paragraph (1) within such additional period of 
     time, up to 180 days, as shall be agreed upon between the 
     Inspector General and the person submitting the complaint.
       ``(3) Prohibition on disclosure.--The Inspector General may 
     not respond to any inquiry or disclose any information from 
     or about any person alleging the reprisal, except to the 
     extent that such response or disclosure is--
       ``(A) made with the consent of the person alleging the 
     reprisal;
       ``(B) made in accordance with the provisions of section 
     552a of title 5 or as required by any other applicable 
     Federal law; or
       ``(C) necessary to conduct an investigation of the alleged 
     reprisal.
       ``(4) Time limitation.--A complaint may not be brought 
     under this subsection more than three years after the date on 
     which the alleged reprisal took place.
       ``(c) Remedy and Enforcement Authority.--
       ``(1) In general.--Not later than 30 days after receiving 
     an Inspector General report pursuant to subsection (b), the 
     head of the executive agency concerned shall determine 
     whether there is sufficient basis to conclude that the 
     contractor or grantee concerned has subjected the complainant 
     to a reprisal prohibited by subsection (a) and shall either 
     issue an order denying relief or shall take one or more of 
     the following actions:
       ``(A) Order the contractor or grantee to take affirmative 
     action to abate the reprisal.
       ``(B) Order the contractor or grantee to reinstate the 
     person to the position that the person held before the 
     reprisal, together with compensatory damages (including back 
     pay), employment benefits, and other terms and conditions of 
     employment that would apply to the person in that position if 
     the reprisal had not been taken.
       ``(C) Order the contractor or grantee to pay the 
     complainant an amount equal to the aggregate amount of all 
     costs and expenses (including attorneys' fees and expert 
     witnesses' fees) that were reasonably incurred by the 
     complainant for, or in connection with, bringing the 
     complaint regarding the reprisal, as determined by the head 
     of the executive agency.
       ``(2) Exhaustion of remedies.--If the head of an executive 
     agency issues an order denying relief under paragraph (1) or 
     has not issued an order within 210 days after the submission 
     of a complaint under subsection (b), or in the case of an 
     extension of time under paragraph (b)(2)(B), not later than 
     30 days after the expiration of the extension of time, and 
     there is no showing that such delay is due to the bad faith 
     of the complainant, the complainant shall be deemed to have 
     exhausted all administrative remedies with respect to the 
     complaint, and the complainant may bring a de novo action at 
     law or equity against the contractor or grantee to seek 
     compensatory damages and other relief available under this 
     section in the appropriate district court of the United 
     States, which shall have jurisdiction over such an action 
     without regard to the amount in controversy. Such an action 
     shall, at the request of either party to the action, be tried 
     by the court with a jury. An action under this paragraph may 
     not be brought more than two years after the date on which 
     remedies are deemed to have been exhausted.
       ``(3) Admissibility of evidence.--An Inspector General 
     determination and an agency head order denying relief under 
     paragraph (2) shall be admissible in evidence in any de novo 
     action at law or equity brought pursuant to this subsection.
       ``(4) Enforcement of orders.--Whenever a person fails to 
     comply with an order issued under paragraph (1), the head of 
     the executive agency concerned shall file an action for 
     enforcement of such order in the United States district court 
     for a district in which the reprisal was found to have 
     occurred. In any action brought under this paragraph, the 
     court may grant appropriate relief, including injunctive 
     relief, compensatory and exemplary damages, and attorney fees 
     and costs. The person upon whose behalf an order was issued 
     may also file such an action or join in an action filed by 
     the head of the executive agency.
       ``(5) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the executive 
     agency. Review shall conform to chapter 7 of title 5. Filing 
     such an appeal shall not act to stay the enforcement of the 
     order of the head of an executive agency, unless a stay is 
     specifically entered by the court.
       ``(6) Burdens of proof.--The legal burdens of proof 
     specified in section 1221(e) of title 5 shall be controlling 
     for the purposes of any

[[Page S6907]]

     investigation conducted by an Inspector General, decision by 
     the head of an executive agency, or judicial or 
     administrative proceeding to determine whether discrimination 
     prohibited under this section has occurred.
       ``(7) Rights and remedies not waivable.--The rights and 
     remedies provided for in this section may not be waived by 
     any agreement, policy, form, or condition of employment, 
     including by any predispute arbitration agreement, other than 
     an arbitration provision in a collective bargaining 
     agreement.
       ``(d) Notification of Employees.--The head of each 
     executive agency shall ensure that contractors, 
     subcontractors, and grantees of the agency inform their 
     employees in writing of the rights and remedies provided 
     under this section, in the predominant native language of the 
     workforce.
       ``(e) Construction.--Nothing in this section may be 
     construed to authorize the discharge of, demotion of, or 
     discrimination against an employee for a disclosure other 
     than a disclosure protected by subsection (a) or to modify or 
     derogate from a right or remedy otherwise available to the 
     employee.
       ``(f) Definitions.--In this section:
       ``(1) The term `abuse of authority' means an arbitrary and 
     capricious exercise of authority that is inconsistent with 
     the mission of the executive agency concerned or the 
     successful performance of a contract or grant of such agency.
       ``(2) The term `Inspector General' means an Inspector 
     General appointed under the Inspector General Act of 1978 and 
     any Inspector General that receives funding from, or has 
     oversight over contracts or grants awarded for or on behalf 
     of, the executive agency concerned.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``4712. Contractor and grantee employees: protection from reprisal for 
              disclosure of certain information.''.
       (b) Allowability of Legal Fees.--Section 4310 of title 41, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``commenced by the 
     Federal Government or a State'' and inserting ``commenced by 
     the Federal Government, by a State, or by a contractor or 
     grantee employee submitting a complaint under section 4712 of 
     this title''; and
       (2) in subsection (c)(3), by striking ``the imposition of a 
     monetary penalty'' and inserting ``the imposition of a 
     monetary penalty or an order to take corrective action under 
     section 4712 of this title''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date that is 180 days after the date of 
     the enactment of this Act, and shall apply to--
       (A) all contracts and grants awarded on or after such date;
       (B) all task orders entered on or after such date pursuant 
     to contracts awarded before, on, or after such date; and
       (C) all contracts awarded before such date that are 
     modified to include a contract clause providing for the 
     applicability of such amendments.
       (2) Revision of federal acquisition regulation.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Federal Acquisition Regulation shall be revised to 
     implement the requirements arising under the amendments made 
     by this section.
       (3) Inclusion of contract clause in contracts awarded 
     before effective date.--At the time of any major modification 
     to a contract that was awarded before the date that is 180 
     days after the date of the enactment of this Act, the head of 
     the contracting agency shall make best efforts to include in 
     the contract a contract clause providing for the 
     applicability of the amendments made by this section to the 
     contract.
                                 ______
                                 
  SA 2943. Mr. WEBB (for himself and Mr. Leahy) submitted an amendment 
intended to be proposed by him to the bill S. 3254, to authorize 
appropriations for fiscal year 2013 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SECTION 1084. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
                   PROVISIONS OF TITLE 18.

       Chapter 44 of title 18, United States Code, is amended--
       (1) in section 926B--
       (A) in subsection (c)(1), by inserting ``or apprehension 
     under section 807(b) of title 10, United States Code (article 
     7(b) of the Uniform Code of Military Justice)'' after 
     ``arrest'';
       (B) in subsection (d), by striking ``as a law enforcement 
     officer'' and inserting ``that identifies the employee as a 
     police officer or law enforcement officer of the agency''; 
     and
       (C) in subsection (f), by inserting ``or apprehension under 
     section 807(b) of title 10, United States Code (article 7(b) 
     of the Uniform Code of Military Justice)'' after ``arrest''; 
     and
       (2) in section 926C--
       (A) in subsection (c)(2), by inserting ``or apprehension 
     under section 807(b) of title 10, United States Code (article 
     7(b) of the Uniform Code of Military Justice)'' after 
     ``arrest''; and
       (B) in subsection (d)--
       (i) in paragraph (1), by striking ``that indicates'' and 
     inserting ``that identifies the person as having been 
     employed as a police officer or law enforcement officer and 
     indicates''; and
       (ii) in paragraph (2)(A), by inserting ``that identifies 
     the person as having been employed as a police officer or law 
     enforcement officer'' after ``officer''.
                                 ______
                                 
  SA 2944. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1084. SENSE OF CONGRESS ON NATIONAL YOUTH DEVELOPMENT 
                   ORGANIZATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) Children of military personnel face challenges in 
     development and education stemming from the frequent changes 
     of station and deployments required of military personnel.
       (2) National youth development organizations, in 
     collaboration with local schools and communities, can be a 
     valuable asset in providing consistent stability, education, 
     youth development, and prevention programs for children of 
     military personnel.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should continue to pursue 
     partnerships with national youth development organizations to 
     support supplemental education and youth development programs 
     for the children of military personnel.
       (c) National Youth Development Organization Defined.--In 
     this section, the term ``national youth development 
     organization'' means a nonprofit organizations with active 
     affiliates in all 50 States that provides youth development, 
     prevention, and related programs and services for children.
                                 ______
                                 
  SA 2945. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table.

       At the end of subtitle A of title IX, add the following:

     SEC. 903. CONFLICT RECORDS RESEARCH CENTER.

       (a) In General.--Subchapter I of chapter 21 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 430. Conflict Records Research Center

       ``(a) In General.--The Secretary of Defense shall establish 
     within the Department of Defense a center to be known as the 
     `Conflict Records Research Center' (in this section referred 
     to as the `Center').
       ``(b) Purposes.--The purposes of the Center shall be as 
     follows:
       ``(1) To establish a digital research database (including 
     translations) and to facilitate research and analysis of 
     captured records from countries, organizations, and 
     individuals now or once hostile to the United States.
       ``(2) To make a significant portion of the records 
     described in paragraph (1) available to researchers as 
     quickly and responsibly as possible while taking into account 
     legitimate national security concerns, the integrity of the 
     academic process, and risks to innocents or third parties.
       ``(3) To conduct and disseminate research and analysis with 
     respect to the records described in paragraph (1) in order to 
     increase the understanding of matters relating to 
     international relations, counterterrorism, and warfare and, 
     ultimately, to enhance national security.
       ``(4) To collaborate with members of the academic and 
     national security communities, both domestic and 
     international, on research, conferences, seminars, and other 
     information exchanges to identify topics of importance on the 
     matters referred to in paragraph (3) for the United States 
     Government and the academic community.
       ``(c) Concurrence of DNI in Certain Activities.--The 
     Secretary shall seek the concurrence of the Director of 
     National Intelligence in the conduct by the Center of any 
     activities under subsection (b)(4).
       ``(d) Support From Other Federal Government Departments or 
     Agencies.--The head of any non-Department of Defense 
     department or agency of the Federal Government may--
       ``(1) provide to the Secretary services, including 
     personnel support, to support the operations of the Center; 
     and

[[Page S6908]]

       ``(2) transfer funds to the Secretary to support the 
     operations of the Center.
       ``(e) Acceptance of Gifts and Donations.--(1) Subject to 
     paragraph (3), the Secretary may accept from any source 
     specified in paragraph (2) any gift or donation for purposes 
     of defraying the costs or enhancing the operations of the 
     Center.
       ``(2) The sources specified in this paragraph are the 
     following:
       ``(A) The government of a State or a political subdivision 
     of a State.
       ``(B) The government of a foreign country.
       ``(C) A foundation or other charitable organization, 
     including a foundation or charitable organization that is 
     organized or operates under the laws of a foreign country.
       ``(D) Any source in the private sector of the United States 
     or a foreign country.
       ``(3) The Secretary may not accept a gift or donation under 
     this subsection if acceptance of the gift or donation would 
     compromise or appear to compromise--
       ``(A) the ability of the Department of Defense, any 
     employee of the Department, or any member of the armed forces 
     to carry out the responsibility or duty of the Department in 
     a fair and objective manner; or
       ``(B) the integrity of any program of the Department or of 
     any person involved in such a program.
       ``(4) The Secretary shall provide written guidance setting 
     forth the criteria to be used in determining the 
     applicability of paragraph (3) to any proposed gift or 
     donation under this subsection.
       ``(f) Crediting of Funds Transferred or Accepted.--Funds 
     transferred to or accepted by the Secretary under this 
     section shall be credited to appropriations available to the 
     Department of Defense for the Center, and shall be available 
     for the same purposes, and subject to the same conditions and 
     limitations, as the appropriations with which merged. Any 
     funds so transferred or accepted shall remain available until 
     expended.
       ``(g) Definitions.--In this section:
       ``(1) The term `captured record' means a document, audio 
     file, video file, or other material captured during combat 
     operations from or in countries, organizations, or 
     individuals hostile to the United States at the time of such 
     operations.
       ``(2) The term `gift or donation' means any gift or 
     donation of funds, materials (including research materials), 
     real or personal property, or services (including lecture 
     services and faculty services).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 21 of such title is 
     amended by adding at the end the following new item:

``430. Conflict Records Research Center.''.

                          ____________________