S 3286 · 112th Congress 2011โ€“2013, ended

Comprehensive Contingency Contracting Reform Act of 2012

Latest action · Jun 12, 2012 Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJun 12, 2012
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Comprehensive Contingency Contracting Reform Act of 2012 - Requires the President, in making any request for financing an overseas contingency operation (OCO), to include in such request a specific statement of the requested funds and a specific proposal to finance the amount requested. Designates the Director of the Office of Management and Budget (OMB) as the principal advisor to the President on financial matters in connection with OCOs.

Sets forth the responsibilities of specified Inspectors General for OCOs and requires the appointment of a designated lead Inspector General for any OCO that exceeds 30 days. Establishes a standing committee, chaired by the lead Inspector General, to improve oversight of OCOs.

Expands the responsibilities of Chief Acquisition Officers in federal agencies to include oversight of contracts and contracting activities for OCOs.

Includes contracts for support of OCOs in the management structure of the Department of Defense (DOD), the Department of State, and the U.S. Agency for International Development (USAID).

Requires the designation of at least one suspension and debarment official for each federal agency. Expands the bases for the suspension of contractors from contracting with the federal government.

Requires the Secretary of DOD to prescribe in regulations the chain of authority and responsibility for policy, planning, and execution of contract support for OCOs.

Requires the Chairman of the Joint Chiefs of Staff to provide annual assessments of the capability of OCOs to support current and anticipated wartime missions and to recommend resources required to improve and enhance support and planning for such operational contract support.

Establishes: (1) within the Department of State the Office of Acquisition and Logistics to oversee DOD acquisition, procurement, and logistics management activities; and (2) within USAID the Office of Acquisition and Assistance to direct, manage, and oversee USAID acquisition and procurement activities.

Requires the Secretary of State to: (1) conduct a quadrennial diplomacy and development review of U.S. diplomatic and overseas development strategy, with a view toward determining such U.S. strategy for the next 20 years; and (2) develop and administer a course for Department of State personnel on acquisition for Department of State support and participation in OCOs.

Limits periods for OCO contracts to three years for competitively bid contracts and one year for non-competitively bid contracts.

Requires agency heads to perform a comprehensive risk assessment and develop a risk mitigation plan for operational and political risks associated with contractor performance of critical functions of an OCO.

Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged the federal government under government contracts to assist federal acquisition officials in monitoring developments in such prices and conducting pricing or cost analyses.

Requires contractors and related entities to consent to personal jurisdiction for civil actions on overseas contracts valued at more than $5 million.

End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions.

Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.

Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement.

Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States to work on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.

Requires the Secretaries of DOD and State and the Administrator of USAID to complete an assessment on the necessity and sustainability of a capital project for an OCO in a host country before appropriated amounts for such project may be obligated. Allows the termination of capital projects in progress that become unsustainable.

Cosponsors 8

Members who signed on, in the order they did. Signatures ran from Jun 12, 2012 to Jul 12, 2012; 6 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MNAl FrankenOriginalJun 12, 2012
I-VTBernard SandersOriginalJun 12, 2012
D-VAJim WebbOriginalJun 12, 2012
I-CTJoseph I. LiebermanOriginalJun 12, 2012
D-CTRichard BlumenthalOriginalJun 12, 2012
R-MESusan M. CollinsOriginalJun 12, 2012
D-MTJon TesterJun 19, 2012
D-WVJoe Manchin IIIJul 12, 2012

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateHomeland Security and Governmental Affairs Committee
Referred Jun 12, 2012

Actions 2

Everything that happened, newest first.

  1. Jun 12, 2012Introduced in Senate
  2. Jun 12, 2012Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
RL34317Trafficking in Persons: U.S. Policy and Issues for Congress ArchivedReportMay 1, 2014

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 2139Comprehensive Contingency Contracting Reform Act of 2012Related billApr 17, 2012
S 2234End Trafficking in Government Contracting Act of 2012Related billDec 19, 2012
HR 4259End Trafficking in Government Contracting Act of 2012Related billMay 7, 2012

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.
Short Titles as Introduced
Comprehensive Contingency Contracting Reform Act of 2012
Short Titles as Introduced for portions of this bill
End Trafficking in Government Contracting Act of 2012

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 1

Each version as it was printed, newest first.

  1. Jun 12, 2012Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.