< Back to H.R. 6360 (112th Congress, 2011–2013)

Text of the Oversight and Accountability in Wartime Contracting Act of 2012

This bill was introduced on August 7, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 7, 2012 (Introduced).

Source: GPO

I

112th CONGRESS

2d Session

H. R. 6360

IN THE HOUSE OF REPRESENTATIVES

August 7, 2012

introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To increase accountability in contracts for overseas contingency operations, and for other purposes.

1.

Short title

This Act may be cited as the Oversight and Accountability in Wartime Contracting Act of 2012.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Title I—Accountability in overseas contingency operations

Sec. 101. Limitations applicable to certain contracts in connection with overseas contingency operations.

Sec. 102. Revisions to justification and approval requirements for contracts awarded using procedures other than competitive procedures.

Sec. 103. Contractor consent to jurisdiction for certain civil actions under certain contracts for work overseas.

Sec. 104. Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System.

Sec. 105. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions.

Sec. 106. Sustainability requirements for certain capital projects funded by the Department of Defense for overseas contingency operations.

Sec. 107. Expansion of oversight offices in Department of Defense, the Department of State, and the United States Agency for International Development.

Sec. 108. Inspector General reviews and evaluations.

Sec. 109. Tax treatment of certain civilian employees of Department of Defense in combat zones.

Title II—Matters Relating to Security Assistance and Counterterrorism

Sec. 201. Report on United States strategy relating to Afghanistan.

Sec. 202. Improving United States foreign police assistance activities.

Sec. 203. United States plan for sustaining the Afghanistan National Security Forces.

3.

Definitions

In this Act:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(B)

the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

(2)

Federal Acquisition Regulatory Council

The term Federal Acquisition Regulatory Council means the Federal Acquisition Regulatory Council under section 1302(a) of title 41, United States Code.

(3)

Overseas contingency operation

The term overseas contingency operation means a military operation outside the United States and its territories and possessions that is—

(A)

a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or

(B)

a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

I

Accountability in overseas contingency operations

101.

Limitations applicable to certain contracts in connection with overseas contingency operations

(a)

Limitation on contract periods

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that the contract period of contracts entered into by a covered agency in connection with an overseas contingency operation shall be limited to the contract periods specified in paragraph (2), except as provided in paragraph (3).

(2)

Contract periods

The contract periods specified in this paragraph are as follows:

(A)

Three years in the case of competitively bid contracts.

(B)

One year in the case of non-competitively bid contracts and competitively bid contracts for which only one offer was received by the covered agency.

(3)

Waiver

The amendment of the Federal Acquisition Regulation required by this subsection shall provide that the head of a covered agency may waive the applicability of the limitations in paragraph (2) to a contract if—

(A)

the contracting officer certifies in writing as part of a justification and approval (J&A) that the agency has concluded, on the basis of market research conducted for purposes of the justification and approval, that—

(i)

the period of performance for the contract in excess of the limitations in paragraph (2) will be in the best interest of the United States; and

(ii)

the offeror has submitted information in a bid or proposal sufficient to show that representations by the offeror about the offeror’s ability to timely, sufficiently, and cost-effectively perform the contract, if awarded, are reasonable;

(B)

the contracting officer conducts the cost analysis required by section 15.404–1 of the Federal Acquisition Regulation; and

(C)

the head of the agency determines in writing based on the information obtained pursuant to subparagraphs (A) and (B) that the waiver is in the best interests of the United States.

(b)

Limitation on subcontracting tiers for service contracts

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, commencing 90 days after the date of the commencement or designation of a military operation as an overseas contingency operation, any contract for services entered into by a covered agency in connection with such contingency operation may only have a single tier of subcontractors, except as provided in paragraph (2).

(2)

Waiver

The amendment of the Federal Acquisition Regulation required by this subsection shall provide that the head of a covered agency may waive the applicability of the limitation in paragraph (1) to a contract if—

(A)

the contracting officer includes in the contract a provision for liquidated damages (in an amount specified by the contracting officer in the contract) in favor of the United States in the event a subcontractor under the contract at any tier is determined by the contracting officer to have acted in the performance of the contract in a manner that is illegal or unethical or harms the strategic political or military goals of the United States;

(B)

the contracting officer certifies in writing a justification and approval that the agency has concluded, on the basis of market research conducted for purposes of the justification and approval, that, if the contract is performed in component parts, no combination of contractors within the market exists that could perform the contract either by prime contractor alone or through the use of subcontractors only at a single tier; and

(C)

the head of the agency determines in writing based on the information obtained pursuant to subparagraphs (A) and (B) that the waiver is in the best interests of the United States.

(3)

Report

Each covered agency shall compile and submit to the appropriate committees of Congress an annual report on the waivers (if any) under paragraph (2) granted by the agency during the year covered by the report. The report shall contain a description of the manner in which subparagraphs (A), (B), and (C) of paragraph (2) were implemented with respect to each waiver, including, in the case of subparagraph (B), a copy of the justification and approval.

(c)

Definitions

In this section:

(1)

Covered agency

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.

(2)

Competitively bid

The term competitively bid, with respect to a contract, means a contract awarded through the use of competitive procedures.

(3)

Non-competitively bid

The term non-competitively bid, with respect to a contract, means a contract awarded through the use of procedures other than competitive procedures.

102.

Revisions to justification and approval requirements for contracts awarded using procedures other than competitive procedures

(a)

Additional justification and approval for use of noncompetitive procedures for sole-source contracts of unusual and compelling urgency

(1)

Department of Defense and related agencies

Section 2304(c)(2) of title 10, United States Code, is amended by inserting before the semicolon at the end the following: , except that in any case in which the agency solicits a bid or proposal from only one source, the head of an agency may use the authority in this paragraph only if the contracting officer certifies in writing a justification and approval (J&A) (in addition to the justification and approval required under subsection (f)) of the reasons necessary for using the authority in this paragraph to solicit a bid or proposal from only one source, and such certifications are compiled and submitted annually in a report to 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 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)

Other executive agencies

Section 3304(a)(2) of title 41, United States Code, is amended by inserting before the semicolon at the end the following: , except that in any case in which the agency solicits a bid or proposal from only one source, the head of an agency may use the authority in this paragraph only if the contracting officer certifies in writing a justification and approval (J&A) (in addition to the justification and approval required under subsection (e)) of the reasons necessary for using the authority in this paragraph to solicit a bid or proposal from only one source, and such certifications are compiled and submitted annually in a report to 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 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.

(b)

Additional requirements relating to approval of justification for contracts awarded using noncompetitive procedures

(1)

Department of Defense and related agencies

Section 2304(f)(1)(B) of title 10, United States Code, is amended—

(A)

in clause (ii), by striking or after the semicolon at the end;

(B)

in clause (iii)—

(i)

by striking $75,000,000 and inserting $50,000,000; and

(ii)

by striking and after the semicolon at the end and inserting or; and

(C)

by adding at the end the following new clause:

(iv)

in the case of a contract for an amount exceeding $100,000,000, by the head of the agency; and

.

(2)

Other executive agencies

Section 3304(e)(B) of title 41, United States Code, is amended—

(A)

in clause (ii), by striking or after the semicolon at the end;

(B)

in clause (iii), by striking and after the semicolon at the end and inserting or; and

(C)

by adding at the end the following new clause:

(iv)

exceeding $100,000,000, by the head of the executive agency; and

.

103.

Contractor consent to jurisdiction for certain civil actions under certain contracts for work overseas

(a)

Consent to jurisdiction

The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that any covered contract provides that—

(1)

the contractor consents to personal jurisdiction over the contractor with respect to any covered civil action, including a covered civil action against one or more employees of the contractor for which the contractor may be liable under theories of vicarious liability;

(2)

the contractor consents to personal jurisdiction in the United States District Court for the District of Columbia for a covered civil action in which—

(A)

the events giving rise to the cause of action occurred outside the United States; and

(B)

personal jurisdiction cannot be established in another Federal court;

(3)

consent to personal jurisdiction under paragraph (2) shall not operate to deprive or terminate personal jurisdiction of the contractor in any court that otherwise has personal jurisdiction under another provision of law or to limit any cause of action or remedy under any other provision of law;

(4)

if the covered contract was awarded to a contractor that does not maintain an office in the United States, the contractor shall designate an agent located in the United States for service of process in any covered civil action;

(5)

except as provided in paragraph (6), any covered civil action shall be analyzed in accordance with the laws of the United States; and

(6)

the substantive law of the State (including the District of Columbia) in which the covered civil action is brought shall be the law applicable to a covered civil action if—

(A)

the substantive law otherwise applicable to the covered civil action would be the law of the location where the events giving rise to the cause of action occurred; and

(B)

the location is designated as a hazardous duty zone by the Secretary of Defense.

(b)

Applicability

The amendment to the Federal Acquisition Regulation made under subsection (a) shall apply with respect to any covered contract that is entered into on or after the effective date of the amendment under subsection (a).

(c)

Definitions

In this section:

(1)

The term contractor, with respect to a covered contract, includes the contractor under the contract, any subcontractor under the contract, any subordinate contractor under the contract, any subsidiary, parent company, or successor entity of the contractor formed to act as a successor in interest of the contractor, and any employee thereof performing work under or in connection with the contract.

(2)

The term covered civil action includes the following:

(A)

A civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces of the United States, a civilian employee of the United States, or an employee of a company performing work arising out of the performance of a covered contract for the United States who is a citizen or national of the United States.

(B)

A civil action alleging the wrongful death of a member of the Armed Forces of the United States, a civilian employee of the United States, or an employee of a company performing work arising out of the performance of a covered contract for the United States who is a citizen or national of the United States brought by a family member of the deceased.

(C)

A civil action alleging breach of contract or misrepresentation of a covered contract.

(3)

The term covered contract

(A)

means a contract—

(i)

for work to be performed outside the United States that is awarded or entered into by the United States (including any executive department, agency, or independent establishment thereof); and

(ii)

with a value of not less than $1,000,000; and

(B)

includes any subcontract or subordinate contract under a contract described in subparagraph (A).

(4)

The term rape means conduct that would violate section 920(a) of title 10, United States Code (article 120(a) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(5)

The term serious bodily injury has the meaning given that term in section 1365 of title 18, United States Code.

(6)

The term sexual assault means conduct that would violate section 920 (c), (h), or (m) of title 10, United States Code (article 120 (c), (h), or (m) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(7)

The term United States, in a geographic sense—

(A)

means the several States and the District of Columbia; and

(B)

does not include any military installation or facility located outside the area described in subparagraph (A).

104.

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.

.

105.

Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions

(a)

Strategy required

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.

(b)

Elements

The strategy required by subsection (a) shall, at a minimum—

(1)

establish standards for the timeliness and completeness of past performance submissions for purposes of databases described in subsection (a);

(2)

assign responsibility and management accountability for the completeness of past performance submissions for such purposes; and

(3)

ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where such evaluations have been conducted.

(c)

Contractor comments

Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to require the following:

(1)

That affected contractors are provided, in a timely manner, information on contractor performance to be included in past performance databases in accordance with subsection (a).

(2)

That such contractors are afforded up to 14 calendar days, from the date of delivery of the information provided in accordance with paragraph (1), to submit comments, rebuttals, or additional information pertaining to past performance for inclusion in such databases.

(3)

That agency evaluations of contractor past performance, including any information submitted under paragraph (2), are included in the relevant past performance database not later than the date that is 14 days after the date of delivery of the information provided in accordance with paragraph (1).

(d)

Construction

Nothing in this section shall be construed to prohibit a contractor from submitting comments, rebuttals, or additional information pertaining to past performance after the period described in subsection (c)(2) has elapsed or to prohibit a contractor from challenging a past performance evaluation in accordance with applicable laws, regulations, or procedures.

(e)

Executive agency defined

In this section, the term executive agency has the meaning given that term in section 133 of title 41, United States Code, except that the term excludes the Department of Defense and the military departments.

106.

Sustainability requirements for certain capital projects funded by the Department of Defense for overseas contingency operations

(a)

Certification on sustainability required before commencement of projects

(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, certifies to the appropriate committees of Congress that the country has the capability (in both financial and human resources) to effectively maintain and utilize 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, certifies to the appropriate committees of Congress that the country has the capability (in both financial and human resources) to effectively maintain and utilize 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, certifies to the appropriate committees of Congress that the country has the capability (in both financial and human resources) to effectively maintain and utilize the project.

(2)

Considerations

In making a certification under paragraph (1) with respect to a capital project, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall take into account the status of the maintenance and utilization of capital projects, if any, in the country in which the project is to be carried out that were previously financed or assisted by the United States.

(b)

Capital projects

(1)

In general

A capital project described in this subsection is any capital project overseas for an overseas contingency operation that is for the benefit of the host country, is funded by the Department of Defense, the Department of State, or the United States Agency for International Development using covered funds, and has an estimated value in excess of $1,000,000.

(2)

Exclusion

A capital project described in this subsection does not include any project for military construction (as that term is defined in section 114(b) of title 10, United States Code) or a military family housing project under section 2821 of such title.

(c)

Termination of unsustainable projects in progress

(1)

In general

Effective 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development, as applicable, shall terminate each capital project described in subsection (b) that is in progress, but not completed, as of the date of the enactment of this Act if the Secretary or Administrator, as applicable—

(A)

determines, in consultation with the United States commander of military operations in the country in which the project is being carried out, that the country does not have the capability (in both financial and human resources) to effectively maintain and utilize the project; or

(B)

has not made any determination on the matters described in subparagraph (A) with respect to the project.

(2)

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 requirement for termination of a project under paragraph (1) if the Secretary or Administrator, as applicable, submits to the appropriate committees of Congress—

(A)

a written certification that the project is vital to a military or security objective of the United States; and

(B)

a plan of how the country will have the capability required under paragraph (1) by the time of the capital project’s completion.

(d)

Definitions

In this section:

(1)

The term capital project has the meaning given the term in section 308 of the Aid, Trade, and Competitiveness Act of 1992 (title III of Public Law 102–549; 22 U.S.C. 2421e; 106 Stat. 3660).

(2)

The term covered funds means the following:

(A)

Amounts in the Afghanistan Infrastructure Fund.

(B)

Amounts in the Afghanistan Security Forces Funds.

(C)

Amounts available for the Commanders’ Emergency Response Program.

(D)

Amounts available for the Iraq Relief and Reconstruction Fund.

(E)

Any other funds authorized to be appropriated for the Department of Defense, the Department of State, or the United States Agency for International Development, as applicable, that are made available for a capital project.

107.

Expansion of oversight offices in Department of Defense, the Department of State, and the United States Agency for International Development

(a)

Department of Defense

(1)

Assistant Secretary of Defense for Contingency Contracting

Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(11)

One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Contingency Contracting. The Assistant Secretary of Defense for Contingency Contracting is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to planning, funding, staffing, and managing contingency contracting of the Department of Defense.

.

(2)

Requirement to establish Office of Contingency Contracting

The Secretary of Defense shall rename and expand the Office of Program Support in the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics as the Office of Contingency Contracting. The Office of Contingency Contracting shall be headed by the Assistant Secretary of Defense for Contingency Contracting and shall be responsible for planning, funding, staffing, and managing contingency contracting in the Department of Defense.

(b)

Department of State

(1)

Assistant Secretary of State for Contingency Contracting

(A)

In general

There shall be in the Department of State an Assistant Secretary of State for Contingency Contracting who shall be the principal adviser to the Secretary of State on matters relating to planning, funding, staffing, and managing contingency contracting of the Department of State.

(B)

Conforming amendments

(i)

Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended by striking 24 and inserting 25.

(ii)

Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of State (24) and inserting Assistant Secretaries of State (25).

(2)

Requirement to establish Office of Contingency Contracting

The Secretary of State shall establish an Office of Contingency Contracting in the Department of State. The Office of Contingency Contracting shall be headed by the Assistant Secretary of State for Contingency Contracting and shall be responsible for planning, funding, staffing, and managing contingency contracting in the Department of State.

(3)

Definition

In this subsection, the term contingency contracting means all stages of the process of acquiring property or services by the Department of State during an overseas contingency operation.

(c)

USAID

(1)

Assistant Administrator for Contingency Contracting

There shall be in the United States Agency for International Development an Assistant Administrator for Contingency Contracting who shall be the principal adviser to the Administrator of the Agency on matters relating to planning, funding, staffing, and managing contingency contracting of the Agency.

(2)

Requirement to establish Office of Contingency Contracting

The Administrator of the United States Agency for International Development shall establish an Office of Contingency Contracting in the Agency. The Office of Contingency Contracting shall be headed by the Assistant Administrator for Contingency Contracting and shall be responsible for planning, funding, staffing, and managing contingency contracting in the Agency.

(3)

Definition

In this subsection, the term contingency contracting means all stages of the process of acquiring property or services by the United States Agency for International Development during an overseas contingency operation.

108.

Inspector General reviews and evaluations

(a)

Annual review and evaluation

Not later than 30 days after the date of the enactment of this Act, the Inspector General of the Department of Defense, the Department of State, and the United States Agency for International Development shall each review and evaluate noncompetitive contracts and one-offer contracts in the Department of Defense, the Department of State, and the United States Agency for International Development, respectively.

(b)

Annual report

Not later than one year after the date of the enactment of this Act, and each year thereafter, each Inspector General referred to in subsection (a) shall prepare a report on the following:

(1)

The number of noncompetitive contracts awarded by the Department of Defense, the Department of State, or the United States Agency for International Development, as applicable, in the previous year.

(2)

The number of one-offer contracts awarded by such department or agency, as applicable, in the previous year.

(3)

The justification and approvals required under section 3304 of title 41, United States Code, or section 2304(f) of title 10, United States Code, as applicable, and associated regulations for each noncompetitive and one-offer contracted listed under paragraphs (1) and (2).

(4)

An assessment of whether the contracting practices of the Department of Defense, the Department of State, or the United States Agency for International Development, as applicable, are in keeping with the purposes and goals of promoting and providing for full and open competition in soliciting offers and awarding contracts over the simplified acquisition threshold.

(c)

Submission of report

Each Inspector General referred to in subsection (a) shall submit the report required by subsection (b) to the appropriate committees of Congress and, in addition, to the head of the applicable department or agency.

(d)

Definitions

In this section:

(1)

Noncompetitive contract

The term noncompetitive contract means a contract that is awarded without soliciting bids from more than one vendor.

(2)

One-offer contracts

The term one-offer contract means a contract awarded after receiving a bid from only one qualified vendor.

109.

Tax treatment of certain civilian employees of Department of Defense in combat zones

(a)

Exclusion of combat zone compensation

(1)

In general

Subsection (d) of section 112 of the Internal Revenue Code of 1986 (relating to prisoners of war, etc.) is amended by adding at the end the following new paragraph:

(4)

Civilian contracting employees of Department of Defense

(A)

Service in combat zone

Gross income does not include so much of compensation as does not exceed the maximum enlisted amount received for active service as a civilian employee of the Department of Defense serving in the acquisition workforce (as defined in section 1705(g) of title 10, United States Code) in support of the Armed Forces of the United States for any month during any part of which such employee—

(i)

served in a combat zone,

(ii)

was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone, or

(iii)

is in a missing status as a result of such service.

Clause (ii) shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone.
(B)

Missing status

For purposes of this paragraph, the terms active service and missing status have the respective meanings given to such terms by section 5561 of title 5 of the United States Code.

.

(2)

Clerical amendments

(A)

The heading for section 112 of such Code is amended to read as follows:

112.

Certain combat zone compensation

.

(B)

The item relating to section 112 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended to read as follows:

Sec. 112. Certain combat zone compensation.

.

(3)

Effective date

The amendments made by this subsection shall apply to compensation for periods after the date of the enactment of this Act.

(b)

Additional estate tax not To apply

(1)

In general

Subsection (b) of section 2201 of such Code is amended by inserting or while in service as a civilian employee of the Department of Defense in the acquisition workforce (as defined in section 1705(g) of title 10, United States Code) in support of the Armed Forces of the United States, after United States,.

(2)

Clerical amendments

(A)

The heading for section 2201 of such Code is amended by inserting and certain Department of Defense civilians after members of the armed forces.

(B)

The item relating to section 2201 in the table of sections for subchapter C of chapter 11 of such Code is amended to read as follows:

Sec. 2201. Members of the Armed Forces and certain Department of Defense civilians dying in combat zone or by reason of combat-zone-incurred wounds, etc.

.

(3)

Effective date

The amendments made by this subsection shall apply to decedents dying after the date of the enactment of this Act.

(c)

No tax on toll telephone service in combat zone

(1)

In general

Subsection (d) of section 4253 of such Code (relating to servicemen in combat zone) is amended by inserting , or from a civilian employee of the Department of Defense serving in the acquisition workforce (as defined in section 1705(g) of title 10, United States Code) in support of the Armed Forces of the United States, after United States.

(2)

Effective date

The amendment made by this subsection shall apply with respect to amounts paid after the date of the enactment of this Act for services rendered on or after such date.

II

Matters Relating to Security Assistance and Counterterrorism

201.

Report on United States strategy relating to Afghanistan

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence, the Secretary of State, the Secretary of the Treasury (acting through the head of the Office of Foreign Assets Control), the Attorney General, and any other officials the Secretary of Defense considers appropriate, shall submit to the appropriate congressional committees, the congressional intelligence committees, and the Director of the National Security Council a report on the success of the United States mission in Afghanistan, including the success of the strategy in Afghanistan in achieving the United States global counterterrorism goals and the success of the strategy of relying on the international donor community to provide development assistance and other related assistance to Afghanistan.

(b)

Form of submission

The report required under subsection (a) shall be submitted in an unclassified form, but may include a classified annex.

(c)

Definitions

In this section:

(1)

Appropriate congressional committees

The term appropriate congressional committees has the meaning provided by section 3 and also includes the following:

(A)

The Committee on the Budget; the Committee on Banking, Housing, and Urban Affairs; and the Committee on the Judiciary of the Senate.

(B)

The Committee on the Budget; the Committee on Financial Services; and the Committee on the Judiciary of the House of Representatives.

(2)

Congressional intelligence committees

The term congressional intelligence committees means—

(A)

the Select Committee on Intelligence of the Senate; and

(B)

the Permanent Select Committee on Intelligence of the House of Representatives.

202.

Improving United States foreign police assistance activities

(a)

Final report

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the President shall submit to the relevant congressional committees the final report from the National Security Council’s Interagency Policy Committee on Security Sector Assistance.

(2)

Additional matters

The report shall include associated recommendations on—

(A)

the roles and responsibilities of Federal departments and agencies responsible for security sector assistance; and

(B)

United States Government policy guidance on security sector assistance.

(b)

Plan

Not later than 180 days after the date of the enactment of this Act, the Secretaries of Defense and State shall jointly submit to the relevant congressional committees a plan to institute mechanisms to better coordinate, document, disseminate, and share information analysis and assessments regarding United States foreign police assistance activities with, by, and between each Federal department and agency responsible for foreign police assistance activities, the international community, and partner countries in the region.

(c)

Appropriate congressional committees defined

In this section, the term relevant congressional committees means the appropriate committees of Congress other than the Committees on Appropriations.

203.

United States plan for sustaining the Afghanistan National Security Forces

(a)

Plan required

Section 1231(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 390) is amended—

(1)

by striking fiscal year 2010 and inserting fiscal year 2013; and

(2)

by adding at the end the following new sentence: The report shall include metrics that evaluate the value and utility of ANSF development activities at the program level and that ties such activities to long-term strategic objectives..

(b)

Appropriate congressional committees defined

Section 1231(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 390) is amended—

(1)

in paragraph (1), by inserting the Committee on Oversight and Government Reform, after Appropriations,; and

(2)

in paragraph (2), by inserting the Committee on Homeland Security and Governmental Affairs, after Appropriations,.