113 HR 2606 IH: Stabilization and Reconstruction Integration Act of 2013
U.S. House of Representatives
2013-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited as the Stabilization and Reconstruction Integration Act of
2013
.
(b)The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Effective date.
Title I—United States Office for Contingency
Operations
Sec. 101. Establishment of the United States Office for
Contingency Operations.
Sec. 102. Responsibilities of the Director, Deputy Director,
Inspector General, and other offices.
Sec. 103. Personnel system.
Title II—Preparing and Executing Stability and Reconstruction
Operations
Sec. 201. Sole control.
Sec. 202. Relation to Department of State and United States
Agency for International Development.
Sec. 203. Relation to Department of Defense combatant commands
performing military missions.
Sec. 204. Stabilization Federal Acquisition
Regulation.
Sec. 205. Stabilization and Reconstruction Fund.
Sec. 206. Sense of Congress.
Title III—Responsibilities of the Inspector General
Sec. 301. Inspector General.
Title IV—Responsibilities of Other Agencies
Sec. 401. Responsibilities of other Federal agencies for
monitoring and evaluation requirements.
Title V—Authorization of Appropriations
Sec. 501. Authorization of appropriations.
Sec. 502. Offset.
2.In this Act, the following definitions
apply:
(1)Appropriate
congressional committeesThe term appropriate congressional
committees means—
(A)the Committees on
Appropriations, Armed Services, Foreign Affairs, and Oversight and Government
Reform of the House of Representatives; and
(B)the Committees on
Appropriations, Armed Services, Foreign Relations, and Homeland Security and
Governmental Affairs of the Senate.
(2)The
term Director means the Director of the United States Office for
Contingency Operations.
(3)The
term functions includes authorities, powers, rights, privileges,
immunities, programs, projects, activities, duties, and
responsibilities.
(4)Imminent
stabilization and reconstruction operationThe term
imminent stabilization and reconstruction operation means a
condition in a foreign country which the Director believes may require in the
immediate future a response from the United States and with respect to which
preparation for a stabilization and reconstruction operation is
necessary.
(5)The term intelligence community has the
meaning given such term in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4)).
(6)The
term Office means the United States Office for Contingency
Operations.
(7)The
term personnel means officers and employees of an executive
agency, except that such term does not include members of the Armed
Forces.
(8)Stabilization
and reconstruction emergencyThe term stabilization and
reconstruction emergency is a stabilization and reconstruction operation
which is the subject of a Presidential declaration pursuant to section
102.
(9)Stabilization
and reconstruction operationThe term stabilization and
reconstruction operation—
(A)means a
circumstance in which a combination of security, reconstruction, relief, and
development services, including assistance for the development of military and
security forces and the provision of infrastructure and essential services
(including services that might be provided under the authority of chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating
to the Economic Support Fund)), should, in the national interest of the United
States, be provided on the territory of an unstable foreign country;
(B)does not include a
circumstance in which such services should be provided primarily due to a
natural disaster; and
(C)does not include
intelligence activities.
(10)The term covered contract means a contract
entered into by any Federal department or agency with any public or private
sector entity in any geographic area with regard to a stabilization or
reconstruction operation or where the Inspector General of the United States
Office for Contingency Operations is exercising its special audit or
investigative authority for the performance of any of the following:
(A)To build or
rebuild physical infrastructure of such area.
(B)To establish or
reestablish a political or governmental institution of such area.
(C)To provide
products or services to the local population of such area.
(11)The term United States, when used in a
geographic sense, means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the
United States, and any waters within the jurisdiction of the United
States.
3.
(a)Congress
finds the following:
(1)Responsibilities
for overseas stability and reconstruction operations are divided among several
Federal agencies. As a result, lines of responsibility and accountability are
not well-defined.
(2)Despite the
establishment of the Office of the Coordinator for Reconstruction and
Stabilization within the Department of State, the reaffirmation of the
Coordinator’s mandate by the National Security Presidential Directive 44, its
codification in title XVI of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417), the issuance of the Department
of Defense Directive 3000.05, and the creation of the Bureau of Conflict and
Stabilization by the Department of State, serious imbalances and insufficient
interagency coordination remain.
(3)The United States
has not effectively or efficiently managed stabilization and reconstruction
operations during recent decades.
(4)Based on recent
history, the United States will likely continue to find its involvement
necessary in stabilization and reconstruction operations in foreign countries
in the wake of violence.
(5)The United States
has not adequately applied the lessons of its recent experiences in
stabilization and reconstruction operations, and despite efforts to improve its
performance is not yet organized institutionally to respond appropriately to
the need to perform stabilization and reconstruction operations in foreign
countries.
(6)The failure to
implement the lessons learned of past stabilization and reconstruction
operations will lead to further inefficiencies, resulting in greater human and
financial costs.
(b)The
purposes of this Act are to—
(1)protect the
national security interests of the United States by providing an effective
means to plan for and execute stabilization and reconstruction operations in
foreign countries;
(2)provide for unity
of command, and thus achieve unity of effort, in the planning and execution of
stabilization and reconstruction operations;
(3)provide
accountability for resources dedicated to stabilization and reconstruction
operations;
(4)maximize the
efficient use of resources, which would lead to budget savings, eliminated
redundancy in functions, and improvement in the management of stabilization and
reconstruction operations; and
(5)establish an
entity to plan for stabilization and reconstruction operations across relevant
Federal departments and agencies, including the Department of Defense, the
Department of State, and the United States Agency for International
Development, and, when directed by the President, coordinate and execute such
operations, eventually returning responsibility for such operations to other
Federal departments and agencies of the United States Government as the
situation at issue becomes normalized.
4.This Act shall take
effect on the date that is 60 days after the date of the enactment of this
Act.
<enum>I</enum><header>United States
Office for Contingency Operations</header>
<section id="H0923EEFD7A594A8984FF45489B25A9C0"><enum>101.</enum><header>Establishment
of the United States Office for Contingency Operations</header><text display-inline="no-display-inline">There is established as an independent
entity in the executive branch the United States Office for Contingency
Operations.</text>
</section><section id="H1DD9D50494024D069F6608CCD36327F9"><enum>102.</enum><header>Responsibilities
of the Director, Deputy Director, Inspector General, and other offices</header>
<subsection id="HA811C3AD4F4F408B9B73D8B35A08E255"><enum>(a)</enum><header>Director</header>
<paragraph id="H9C728869003846F7806765802E0FC804"><enum>(1)</enum><header>In
general</header><text>The Office shall be headed by a Director, who shall
be—</text>
<subparagraph id="H4A9726F762D9486BA36583C9CAC8BDE8"><enum>(A)</enum><text>appointed by the
President, by and with the advice and consent of the Senate; and</text>
</subparagraph><subparagraph id="HA4247B51C5E3400194F60CCFBC96D5D1"><enum>(B)</enum><text>compensated at the
rate of basic pay for level II of the Executive Schedule under section 5313 of
title 5, United States Code.</text>
</subparagraph></paragraph><paragraph id="HFD1600CF88E642A8A90A32E7846C114B"><enum>(2)</enum><header>Supervision</header>
<subparagraph commented="no" id="H2D04EB7370AA41488945AF0DACBCE149"><enum>(A)</enum><header>In
general</header><text>The Director shall report directly to, and be under the
general supervision of, the Secretary of State and the Secretary of Defense.
Such supervision may not be delegated.</text>
</subparagraph><subparagraph id="HAF15996CE4424690B7C5750ED7EC3D95"><enum>(B)</enum><header>Policy
oversight</header><text>The Director shall function under the policy oversight
of the Assistant to the President for National Security Affairs. On a
day-to-day basis, the Director shall report to and take policy direction from
the Assistant to the President for National Security Affairs and shall keep the
Assistant fully and continually informed of the activities of the Director and
the Office.</text>
</subparagraph></paragraph><paragraph id="H09C104AC27C54EAFB6F6A602A9BD2A26"><enum>(3)</enum><header>Functions</header><text>The
functions of the Director shall include the following:</text>
<subparagraph id="HCEC330B005C0477D8C1128B21DF7CDBF"><enum>(A)</enum><text>Monitoring, in
coordination with relevant offices and bureaus of the Department of Defense,
the Department of State, and the United States Agency for International
Development, political and economic instability worldwide in order to
anticipate the need for mobilizing United States and international assistance
for the stabilization and reconstruction of a country or region that is at risk
of, in, or in transition from, conflict or civil strife.</text>
</subparagraph><subparagraph id="H3B59F66FEB8047B2A4378BD87D4CDCDA"><enum>(B)</enum><text>Assessing the
various types of stabilization and reconstruction crises that could occur, and
cataloging and monitoring the military and non-military resources,
capabilities, and functions of Federal agencies that are available to address
such crises.</text>
</subparagraph><subparagraph id="HE58D09A0FB1B47AAA7E4BDF6778E81EC"><enum>(C)</enum><text>Pre-intervention
assessment and planning, and post-intervention evaluation of strategies to
achieve United States interests and objectives through such activities as
demobilization, disarmament, capacity building, rebuilding of civil society,
policing and security sector reform, and monitoring and strengthening respect
for human rights that commonly arise in stabilization and reconstruction
crises.</text>
</subparagraph><subparagraph id="HDDD65DAE4B714BCA9454CFE8F513A0FA"><enum>(D)</enum><text>Developing, in
coordination with all relevant Federal departments and agencies, stabilization
plans and procedures to mobilize and deploy civilian and military personnel to
conduct stabilization and reconstruction operations.</text>
</subparagraph><subparagraph id="H5BB43102D4DD44ED877C3AEDEEAF0B7D"><enum>(E)</enum><text>Coordinating with
counterparts in foreign governments and international and nongovernmental
organizations on stabilization and reconstruction operations to improve
effectiveness and avoid duplication.</text>
</subparagraph><subparagraph id="H0A53BA2291484C069F2105EAD7DC4BD1"><enum>(F)</enum><text>Aiding the
President, as the President may request, in preparing such rules and
regulations as the President prescribes, for the planning, coordination, and
execution of stabilization and reconstruction operations.</text>
</subparagraph><subparagraph id="H2EF86DDCAC0345FAA1D90E54B81522C1"><enum>(G)</enum><text>Advising the
Secretary of State and the Secretary of Defense, as the Secretary of State or
the Secretary of Defense may request, on any matters pertaining to the
planning, coordination, and execution of stabilization and reconstruction
operations.</text>
</subparagraph><subparagraph commented="no" id="H3AD7BB018C384453838623996A895AFA"><enum>(H)</enum><text display-inline="yes-display-inline">Planning and conducting, in cooperation
with the Secretary of State, the Administrator of the United States Agency for
International Development, the Secretary of Defense, and commanders of unified
combatant commands and specified combatant commands established under section
161 of title 10, United States Code, a series of exercises to test and evaluate
doctrine relating to stabilization and reconstruction operations and procedures
to be used in such operations.</text>
</subparagraph><subparagraph id="H864B796075B24B5DA4A6038481962370"><enum>(I)</enum><text>Executing,
administering, and enforcing laws, rules, and regulations relating to the
preparation, coordination, and execution of stabilization and reconstruction
operations.</text>
</subparagraph><subparagraph id="HC0D3B23FC57C46C2872CA1B3D9260102"><enum>(J)</enum><text>Administering such
funds as may be appropriated or otherwise made available for the preparation,
coordination, and execution of stabilization and reconstruction
operations.</text>
</subparagraph><subparagraph id="H2961FD098C804189B49EAA6B829B40B0"><enum>(K)</enum><text>Planning for the
use of contractors who will be involved in stabilization and reconstruction
operations.</text>
</subparagraph><subparagraph id="HC9D037C75D244BCD83B93B6681FD3783"><enum>(L)</enum><text>Prescribing
standards and policies for project and financial reporting for all Federal
agencies involved in stabilization and reconstruction operations under the
direction of the Office to ensure that all activities undertaken by such
agencies are appropriately tracked and accounted for.</text>
</subparagraph><subparagraph id="HDA679B2DF33441EC8732113FD5E05B2A"><enum>(M)</enum><text>Establishing an
interagency training, preparation, and evaluation framework for all personnel
deployed, or who may be deployed, in support of stabilization and
reconstruction operations. Such training and preparation shall be developed and
administered in partnership with such universities, colleges, or other
institutions (whether public, private, or governmental) as the Director may
determine and which agree to participate.</text>
</subparagraph></paragraph><paragraph id="H4DA74C2A456A469B87BEF2D545D2A624"><enum>(4)</enum><header>Responsibilities
of Director for assessment, monitoring and evaluation requirements</header>
<subparagraph id="HB1804DD68F8C4201BF2A5BA20FDE0258"><enum>(A)</enum><header>Assessment</header><text>The
Director shall, to the greatest extent practicable, draw upon all sources of
information and intelligence within the Government to develop a common
understanding of the causes of conflict and the salient impediments to
stabilization as a guide to planning.</text>
</subparagraph><subparagraph id="H8BF011398D1243FF9BE961F876A6D6F4"><enum>(B)</enum><header>Monitoring</header><text>The
Director shall establish, in coordination with the Federal agencies involved in
a stabilization and reconstruction operation, measures for determining whether
the programs and activities that are being implemented are achieving United
States objectives.</text>
</subparagraph><subparagraph id="HFC69520409014E17B03126E664F977EE"><enum>(C)</enum><header>Evaluations</header><text>The
Director shall plan and conduct evaluations of the impact of stabilization and
reconstruction operations carried out by the Office.</text>
</subparagraph><subparagraph id="H3D2FF389C5D242D1B8DC05D3EC59AB0E"><enum>(D)</enum><header>Funding</header><text display-inline="yes-display-inline">The Director shall have the authority to
direct up to five percent of the amount of program expenditures for assessment,
monitoring, and evaluation purposes.</text>
</subparagraph><subparagraph id="HB0D76953D4D24450AACB413D294B1902"><enum>(E)</enum><header>Reports</header>
<clause id="HDEA5F1AEAF9A421DBD2FCEA62413BC33"><enum>(i)</enum><header>In
general</header><text>Not later than 30 days after the end of each fiscal-year
quarter, the Director shall submit to the appropriate congressional committees
a report summarizing all stabilization and reconstruction operations that are
taking place under the supervision of the Director during the period of each
such quarter and, to the extent possible, the period from the end of each such
quarter to the time of the submission of each such report. Each such report
shall include, for the period covered by each such report, a detailed statement
of all obligations, expenditures, and revenues associated with such
stabilization and reconstruction operations, including the following:</text>
<subclause id="H7C69B2D3877E40B2BBC07BF2B7A0400F"><enum>(I)</enum><text>Obligations and
expenditures of appropriated funds.</text>
</subclause><subclause id="H696E5CAC711D473BB5514DE64B55B4D5"><enum>(II)</enum><text>A
project-by-project and program-by-program accounting of the costs incurred to
date for the stabilization and reconstruction operations that are taking place,
together with the estimate of any Federal department or agency that is
undertaking a project in or for the stabilization and reconstruction of such
country, as applicable, of the costs to complete each such project and
program.</text>
</subclause><subclause id="H6BFAFAD6D5444EBFBF7EACFA669BE10B"><enum>(III)</enum><text>Revenues
attributable to or consisting of funds provided by foreign countries or
international organizations, and any obligations or expenditures of such
revenues.</text>
</subclause><subclause id="HA5C3EF0116C844AD9A4B6A334589D3C1"><enum>(IV)</enum><text>Revenues
attributable to or consisting of foreign assets seized or frozen, and any
obligations or expenditures of such revenues.</text>
</subclause><subclause id="H26A162A0C58B484399A9F1AB41F41999"><enum>(V)</enum><text>An analysis on the
impact of stabilization and reconstruction operations overseen by the Office,
including an analysis of civil-military coordination with respect to the
Office.</text>
</subclause></clause><clause id="H32F44A2B109A4EA7A542F9FAE0938712"><enum>(ii)</enum><header>Form</header><text>Each
report under this subparagraph may include a classified annex if the Director
determines such is appropriate.</text>
</clause><clause id="H78145645DD284492825AB29247246AC6"><enum>(iii)</enum><header>Rule of
construction</header><text>Nothing in this subparagraph shall be construed to
authorize the public disclosure of information that is specifically prohibited
from disclosure by any other provision of law, specifically required by
Executive order to be protected from disclosure in the interest of national
defense or national security or in the conduct of foreign affairs, or a part of
an ongoing criminal investigation or prosecution.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H73A2CA28DB7D41ACBE5D9F3CD220842E"><enum>(b)</enum><header>Deputy
Director</header>
<paragraph id="H2139CEC1945247B9A0D55C41D15EE4A9"><enum>(1)</enum><header>In
general</header><text>There shall be within the Office a Deputy Director, who
shall be—</text>
<subparagraph id="H962EB85CC83946329DE82C1781D0268E"><enum>(A)</enum><text>appointed by the
President, by and with the advice and consent of the Senate; and</text>
</subparagraph><subparagraph id="HCF1275A84C634203AB452AB8C0804D13"><enum>(B)</enum><text>compensated at the
rate of basic pay for level III of the Executive Schedule under section 5314 of
title 5, United States Code.</text>
</subparagraph></paragraph><paragraph id="HC762F45BFFB647EAB6562B5882609631"><enum>(2)</enum><header>Functions</header><text>The
Deputy Director shall perform such functions as the Director may from time to
time prescribe, and shall act as Director during the absence or disability of
the Director or in the event of a vacancy in the Office of the Director.</text>
</paragraph></subsection><subsection id="H3247A859D18D49BCB344E0BB5CB912EC"><enum>(c)</enum><header>Functions of the
President</header>
<paragraph id="H686C750347C8492793BC3112C7782B3B"><enum>(1)</enum><header>Declaration</header><text>The
President may, if the President finds that the circumstances and national
security interests of the United States so require, declare that a
stabilization and reconstruction emergency exists and shall determine the
geographic extent and the date of the commencement of such emergency. The
President may amend the declaration as circumstances warrant.</text>
</paragraph><paragraph id="HC0355F37EDF74FA387934605EC6508FE"><enum>(2)</enum><header>Termination</header><text>If
the President determines that a stabilization and reconstruction emergency
declared under paragraph (1) is or will no longer be in existence, the
President may terminate, immediately or prospectively, a prior declaration that
such an emergency exists.</text>
</paragraph><paragraph id="H915C5EBA6AC14A21B9BB408BDD6E26C9"><enum>(3)</enum><header>Publication in
Federal Register</header><text>Declarations under this subsection shall be
published in the Federal Register.</text>
</paragraph></subsection><subsection id="HA9A99072C9094FBEB2C1658F82EF5D1F"><enum>(d)</enum><header>Authorities of
Office following presidential declaration</header><text>If the President
declares a stabilization and reconstruction emergency pursuant to subsection
(c), the President may delegate to the Director the authority to coordinate all
Federal efforts with respect to such emergency, including the authority to
direct any Federal agency to support such efforts, with or without
reimbursement.</text>
</subsection></section><section id="HA6C51A8B61C64A94A3F64D3B83F3B664"><enum>103.</enum><header>Personnel
system</header>
<subsection id="H42802E40F42847BC829BDD430BE9877E"><enum>(a)</enum><header>Personnel</header>
<paragraph id="HDE528A53D456477AB9CCD7C475BF1D41"><enum>(1)</enum><header>In
general</header><text>The Director may select, appoint, and employ such
personnel as may be necessary for carrying out the duties of the Office,
subject to the provisions of title 5, United States Code, governing
appointments in the excepted service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title, relating to classification and
General Schedule pay rates, and may exercise the authorities of subsections (b)
through (i) of <external-xref legal-doc="usc" parsable-cite="usc/5/3161">section 3161</external-xref> of title 5, United States Code (to the same extent
and in the same manner as such authorities may be exercised by an organization
described in subsection (a) of such section). In exercising the employment
authorities under subsection (b) of such section 3161, paragraph (2) of such
subsection (relating to periods of appointments) shall not apply.</text>
</paragraph><paragraph id="HA5224AB6CC894FE9B9924DEFEEDD66AA"><enum>(2)</enum><header>Subdivisions of
Office; delegation of functions</header><text>The Director may establish
bureaus, offices, divisions, and other units within the Office. The Director
may from time to time make provision for the performance of any function of the
Director by any officer or employee, or bureau, office, division, or other unit
of the Office.</text>
</paragraph><paragraph id="HBB7FC758218E4B9FA057BB64F0477697"><enum>(3)</enum><header>Reemployment
authorities</header><text>The provisions of <external-xref legal-doc="usc" parsable-cite="usc/5/9902">section 9902(g)</external-xref> of title 5, United
States Code, shall apply with respect to the Office. For purposes of the
preceding sentence, such provisions shall be applied—</text>
<subparagraph id="HB9CDDD7C885D459C835E389104A20C3D"><enum>(A)</enum><text>by substituting
<quote>the United States Office for Contingency Operations</quote> for
<quote>the Department of Defense</quote> each place it appears;</text>
</subparagraph><subparagraph id="H09DDF795ACD74E148B79CBD4C46CA1A1"><enum>(B)</enum><text>in paragraph
(2)(A), by substituting <quote>the Stabilization and Reconstruction Integration
Act of 2013</quote> for <quote>the National Defense Authorization Act for
Fiscal Year 2004 (<external-xref legal-doc="public-law" parsable-cite="pl/108/136">Public Law 108–136</external-xref>)</quote>; and</text>
</subparagraph><subparagraph id="H3ACA07189B764182AD0B39E634B378A4"><enum>(C)</enum><text>in paragraph (4),
by substituting <quote>the Director of the United States Office for Contingency
Operations</quote> for <quote>the Secretary</quote>.</text>
</subparagraph></paragraph></subsection><subsection id="HD414EF7010CE45BD94912EFBAA8BCC92"><enum>(b)</enum><header>Interim
officers</header>
<paragraph id="H8257DC3A685E406EAF0EFE76F4672938"><enum>(1)</enum><header>In
general</header><text>The President may authorize any persons who, immediately
prior to the effective date of this Act, held positions in the executive branch
to act as Director, Deputy Director, and Inspector General of the Office until
such positions are for the first time filled in accordance with the provisions
of this Act.</text>
</paragraph><paragraph id="H302F333FADC6484DA3141B8EFE043CFC"><enum>(2)</enum><header>Compensation</header><text>The
President may authorize any such person described in paragraph (1) to receive
the compensation attached to the position in the Office in respect of which
such person so serves, in lieu of other compensation from the United
States.</text>
</paragraph></subsection><subsection id="HC2EBC25790AA4EE0B58B52D592188CC8"><enum>(c)</enum><header>Contracting
services</header>
<paragraph id="HB60B3F666A6D4F8A95CD5B9444C6FA6F"><enum>(1)</enum><header>In
general</header><text>The Director may obtain services of experts and
consultants as authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/3109">section 3109</external-xref> of title 5, United States
Code.</text>
</paragraph><paragraph id="HBB933CBCF490461A8AA1EB1A4B4C348C"><enum>(2)</enum><header>Assistance</header><text>To
the extent and in such amounts as may be provided in advance by appropriations
Acts, the Inspector General of the Office may enter into contracts and other
arrangements for audits, studies, analyses, and other services with public
agencies and with private persons, and make such payments as may be necessary
to carry out the duties of the Inspector General.</text>
</paragraph></subsection><subsection id="HB2B5F65D4FE6415391FC74E2F9230E3A"><enum>(d)</enum><header>Incentivizing
expertise in personnel tasked for stabilization and reconstruction
operations</header>
<paragraph id="H222B961DFB5D43DE9A3E4524D5FC8A2D"><enum>(1)</enum><header>Study</header><text>The
Director shall commission a study to measure the effectiveness of personnel in
stabilization and reconstruction operations. Such study shall seek to identify
the most appropriate qualifications for such personnel and incentive strategies
for Federal agencies to effectively recruit and deploy employees to support
stabilization and reconstruction operations.</text>
</paragraph><paragraph id="HB9BFDD06E9AE4B8F9DB51A55AD4A530E"><enum>(2)</enum><header>Veterans
preference</header><text>The Office shall apply preferences to promote the
employment of veterans and the use of veteran-owned businesses.</text>
</paragraph><paragraph id="H4488F4B8582643799F23CAEE93ADFA3E"><enum>(3)</enum><header>Sense of
Congress</header><text>It is the sense of Congress that, in the selection and
appointment of any individual for a position both within the Office and other
Federal agencies in support of stabilization and reconstruction operations, due
consideration should be given to such individual’s expertise in such operations
and interagency experience and qualifications.</text>
</paragraph></subsection></section><enum>II</enum><header>Preparing and
Executing Stability and Reconstruction Operations</header>
<section id="H4D420A95BAF9405D8DD02F4A7CCA71C1"><enum>201.</enum><header>Sole
control</header><text display-inline="no-display-inline">The Director shall be
responsible for activities relating to a stabilization and reconstruction
operation conducted during a stabilization and reconstruction emergency
declared by the President.</text>
</section><section id="H7D01B59929054CD3B1817023C9C096B4"><enum>202.</enum><header>Relation to
Department of State and United States Agency for International
Development</header>
<subsection id="HC5F1173DA60F41E8902233AE691817EF"><enum>(a)</enum><header>Coordination</header>
<paragraph id="H02756904BDC74203A5BB3E7E73846A7E"><enum>(1)</enum><header>In
general</header><text>The Director shall, to the greatest degree practicable,
coordinate with the Secretary of State and the Administrator of the United
States Agency for International Development regarding the Office’s plans for
relief and reconstruction activities conducted during stabilization and
reconstruction operations. The Director shall give the greatest possible weight
to the views of the Secretary and the Administrator on matters within their
jurisdiction. During a declaration under section 102 of a stabilization and
reconstruction emergency, the Director shall work closely with the Secretary
and the Administrator in planning, executing, and transitioning operations
relevant to the respective jurisdictions of the Secretary and the
Administrator, as the case may be.</text>
</paragraph><paragraph commented="no" id="HF23D29B76547402B841ED6E909C0E1BB"><enum>(2)</enum><header>In-country</header><text>During
a stabilization and reconstruction emergency, the Director shall work closely
with the Chief of Mission for the country in which such emergency exists, or
with the most senior Department of State or Agency for International
Development officials responsible for such country, to ensure that the actions
of the Office and the Federal agencies involved support the attainment of
United States interests and objectives and do not conflict with the foreign or
development policies of the United States.</text>
</paragraph></subsection><subsection id="H6843E455D8E042ABA1D355D2DAF9CE2F"><enum>(b)</enum><header>Detailing</header><text>The
heads of Federal departments and agencies (other than the Secretary of Defense)
shall provide for the detail on a reimbursable or nonreimbursable basis of such
civilian personnel as may be agreed between such heads and the Director for the
purposes of carrying out this Act. The heads of such departments and agencies
shall provide for appropriate recognition and career progress for individuals
who are so detailed upon their return from such details.</text>
</subsection></section><section id="HA50E6362E38846BDB0C857186A59180A"><enum>203.</enum><header>Relation to
Department of Defense combatant commands performing military missions</header>
<subsection id="H319F01611AFF423AB44FB69150E05E0A"><enum>(a)</enum><header>Coordination
with secretary of defense and combatant commands</header><text>The Director
shall coordinate with the Secretary of Defense and commanders of unified and
specified combatant commands established under <external-xref legal-doc="usc" parsable-cite="usc/10/161">section 161</external-xref> of title 10, United
States Code, regarding the plans or activities of the Office for stabilization
and reconstruction operations.</text>
</subsection><subsection id="H4B930E1D7DE146A886F909A790590EF6"><enum>(b)</enum><header>Staff
coordination</header><text>The Director shall detail personnel of the Office to
serve on the staff of a unified or specified combatant command to assist in
planning when a contingency operation (as such term is defined in section
101(a)(13) of title 10, United States Code) will involve likely Armed Forces
interaction with non-combatant populations, so that plans for a stabilization
and reconstruction operation related to a military operation—</text>
<paragraph id="H63E2C8524B494FE2ADF44FE8094E9A96"><enum>(1)</enum><text>complement the
work of military planners; and</text>
</paragraph><paragraph id="HFD88F6745A6646FAB8E46B2D2C5455A8"><enum>(2)</enum><text>as provided in
subsection (c), ease interaction between civilian direct-hire employees and
contractors in support of such stabilization and reconstruction operation and
the Armed Forces.</text>
</paragraph></subsection><subsection id="HA5ECE8A52EBC465DA4BAF55D57EEE12C"><enum>(c)</enum><header>Limitations</header>
<paragraph id="HABDE488702CD4F079E501F3D7707BED9"><enum>(1)</enum><header>Director</header><text>The
authority of the Director shall not extend to small-scale programs (other than
economic development programs of more than a de minimis amount) designated by
the Secretary of Defense as necessary to promote a safe operating environment
for the Armed Forces or other friendly forces.</text>
</paragraph><paragraph id="HB11635B4BB8A48BD9586AF8969295749"><enum>(2)</enum><header>Military
order</header><text>Nothing in this Act shall be construed as permitting the
Director or any of the personnel of the Office (other than a member of the
Armed Forces assigned to the Office under subsection (e)) to issue a military
order.</text>
</paragraph></subsection><subsection id="H4E73951CC7D14856B1B7189F48CB91E5"><enum>(d)</enum><header>Support</header>
<paragraph id="HF70751FC94344B56ABE2BC7CB54998B9"><enum>(1)</enum><header>Assistance
required</header><text>The commanders of unified and specified combatant
commands shall provide assistance, to the greatest degree practicable, to the
Director and the personnel of the Office as they carry out their
responsibilities.</text>
</paragraph><paragraph id="HC757F9D2BB024467B56A30F5E77B1B5B"><enum>(2)</enum><header>Personnel</header><text>The
Secretary of Defense shall provide for the detail or assignment, on a
reimbursable or nonreimbursable basis, to the staff of the Office of such
Department of Defense personnel as the Secretary and the Director determine
necessary to carry out the duties of the Office.</text>
</paragraph></subsection></section><section id="HF4BB74F4B9D14AE38294684808E38944"><enum>204.</enum><header>Stabilization
Federal Acquisition Regulation</header>
<subsection commented="no" id="H6D13F546C6284FFFA59A8DFF5C62C678"><enum>(a)</enum><header>In
general</header><text>The Director, in consultation with the Director of the
Office of Management and Budget, shall prescribe a Stabilization Federal
Acquisition Regulation. Such Regulation shall apply, under such circumstances
as the Director prescribes, in lieu of the Federal Acquisition Regulation with
respect to contracts intended for use in or with respect to stabilization and
reconstruction emergencies or in imminent or potential stabilization and
reconstruction operations.</text>
</subsection><subsection id="H595B40C68CBF4B0AB704AE9679045DF1"><enum>(b)</enum><header>Preference to
certain contracts</header><text>It is the sense of Congress that the
Stabilization Federal Acquisition Regulation required under subsection (a)
should include provisions requiring a Federal agency to give a preference to
contracts that appropriately, efficiently, and sustainably implement programs
and projects undertaken in support of a stabilization and reconstruction
operation.</text>
</subsection><subsection id="H620E38EDB9CF4661843A24021E301FAF"><enum>(c)</enum><header>Deadline</header><text>Not
later than one year after the date of the enactment of this Act, the Director
shall prescribe the Stabilization Federal Acquisition Regulation required under
subsection (a). If the Director does not prescribe such Regulation by such
time, the Director shall submit to Congress a statement explaining why the
deadline was not met.</text>
</subsection></section><section id="HAA2EC4AAC41B4034AD6948937AC3D8C4"><enum>205.</enum><header>Stabilization
and Reconstruction Fund</header>
<subsection id="H7AF3930094E147AD9EC89807EE37166F"><enum>(a)</enum><header>In
general</header><text>There is established in the Treasury of the United States
a fund, to be known as the <quote>Stabilization and Reconstruction Emergency
Reserve Fund</quote>, to be administered by the Director at the direction of
the President and with the consent of the Secretary of State and the Secretary
of Defense—</text>
<paragraph id="H1E713DEE181642A7824EED10FF64BBF1"><enum>(1)</enum><text>to prepare for an
imminent stabilization and reconstruction operation;</text>
</paragraph><paragraph id="HB24F725A7B5245298C369C9E165C3EF4"><enum>(2)</enum><text>for the conduct of
a stabilization and reconstruction operation;</text>
</paragraph><paragraph id="HBBAEDF2153874E1F90132972688CF5D9"><enum>(3)</enum><text>for the operations
of the Office as such operations relate to paragraphs (1) and (2); and</text>
</paragraph><paragraph id="HDFF1CA777EFA404F823F1CA518D705CC"><enum>(4)</enum><text>for any other
purpose which the Director considers essential with respect to such
paragraphs.</text>
</paragraph></subsection><subsection id="H91CA10B61FD94D08A23675C0DDED41C3"><enum>(b)</enum><header>Congressional
notification</header>
<paragraph id="H6439C1B873C943F886372A416DCF7604"><enum>(1)</enum><header>Presidential
direction</header><text>At the time the President directs the Director to carry
out or support an activity described in subsection (a), the President shall
transmit to the appropriate congressional committees a written notification of
such direction.</text>
</paragraph><paragraph id="HE9B1D48A7ABC49189C7C74914D29C878"><enum>(2)</enum><header>Activities in a
country</header><text>Not less than 15 days before carrying out or supporting
an activity described in subsection (a), the Director shall submit to the
appropriate congressional committees information related to the budget,
implementation timeline (including milestones), and transition strategy with
respect to such activity and the stabilization or reconstruction operation at
issue.</text>
</paragraph></subsection><subsection id="HBDE7EB9ED8C748D7861357232F4E6632"><enum>(c)</enum><header>Authorization of
appropriations</header><text>There is authorized to the appropriated to the
fund established under subsection (a) such sums as may be necessary to carry
out the purposes specified in such subsection. Such sums—</text>
<paragraph id="H912A6CB1401A4561BB2FCA60A1A4BBF6"><enum>(1)</enum><text>shall be available
until expended;</text>
</paragraph><paragraph id="H409C471834B44A09B89519A70E52F705"><enum>(2)</enum><text>shall not be made
available for obligation or expenditure until the President declares a
stabilization and reconstruction emergency pursuant to section 102; and</text>
</paragraph><paragraph id="H73411345703045B781FD570DC31FD18A"><enum>(3)</enum><text>shall be in
addition to any other funds made available for such purposes.</text>
</paragraph></subsection></section><section id="H467E0FB5DC8A4B0EB4B45A24A4434D77"><enum>206.</enum><header>Sense of
Congress</header><text display-inline="no-display-inline">It is the sense of
Congress that, to the extent possible, the Director and staff of the Office
should partner with the country in which a stabilization and reconstruction
operation is taking place, other foreign government partners, international
organizations, and local nongovernmental organizations throughout the planning,
implementation, and particularly during the transition stages of such operation
to facilitate long-term capacity building and sustainability of
initiatives.</text>
</section><enum>III</enum><header>Responsibilities
of the Inspector General</header>
<section id="HB052484576A54EB7A201BBD0DEA21AC2"><enum>301.</enum><header>Inspector
General</header>
<subsection id="H70A3094C5F1B46D1AF5F354625075CC5"><enum>(a)</enum><header>In
general</header><text>There shall be within the Office an Office of the
Inspector General, the head of which shall be the Inspector General of the
United States Office for Contingency Operations (in this Act referred to as the
<quote>Inspector General</quote>), who shall be appointed as provided in
<external-xref legal-doc="usc-act" parsable-cite="usc-act/Inspector General Act of 1978 /3">section 3(a)</external-xref> of the Inspector General Act of 1978 (5 U.S.C. App.).</text>
</subsection><subsection id="HA9F824E2F627430CA399821B579E5EE9"><enum>(b)</enum><header>Technical
amendments and additional authorities</header><text>The Inspector General Act
of 1978 (5 U.S.C. App.) is amended—</text>
<paragraph id="H77D62B939FE647F7B7918AFB870BAFB9"><enum>(1)</enum><text>in section 8J, by
striking <quote>8E or 8F</quote> and inserting <quote>8E, 8F, or
8N</quote>;</text>
</paragraph><paragraph id="H099FDA9A44B54F20A6A194D09F701A9A"><enum>(2)</enum><text>in section 8L(c),
by adding at the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HF2D76A14D2464753A55BC79284012981" style="OLC">
<paragraph id="H23051D4BF3264AF99D6A70264A95CEE3"><enum>(4)</enum><text display-inline="yes-display-inline">The Inspector General of the United States
Office for Contingency
Operations.</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H68B72EBB3B3C47E58FE26C784DA04ED6"><enum>(3)</enum><text>by inserting after
section 8M the following new section:</text>
<quoted-block display-inline="no-display-inline" id="H1CBB35CB48104204A8A05F59C0082422" style="OLC">
<section id="HD953948A8C254A049A4038FC5F002A29"><enum>8N.</enum><header>Special
provisions concerning the Inspector General of the United States Office for
Contingency Operations</header>
<subsection id="H6306D9F25DF04E429885AB384D7850BA"><enum>(a)</enum><header>Special audit
and investigative authority</header>
<paragraph id="H9F5F7DD63EBA4BED989C336C14B0934A"><enum>(1)</enum><header>In
general</header><text>When directed by the President, or otherwise provided by
law, and in addition to the other duties and responsibilities specified in this
Act, the Inspector General of the United States Office for Contingency
Operations shall, with regard to the reconstruction and stabilization
operations under the supervision of the Director of the United States Office
for Contingency Operations, have audit and investigative authority over all
accounts, spending, programs, projects, and activities undertaken with respect
to such operations by Federal agencies without regard to the agency carrying
out such operations.</text>
</paragraph><paragraph id="H2067E97F24C4465A90F68AB31219F867"><enum>(2)</enum><header>Administrative
operations</header><text>In any case in which the Inspector General of the
United States Office for Contingency Operations is exercising or preparing to
exercise special audit and investigative authority under this subsection, the
head of any Federal department or agency undertaking or preparing to undertake
the activities described in paragraph (1) shall provide the Inspector General
with appropriate and adequate office space within the offices of such
department or agency or at appropriate locations overseas of such department or
agency, together with such equipment, office supplies, and communications
facilities and services as may be necessary for the operation of such offices,
and shall provide necessary maintenance services for such offices and the
equipment and facilities located therein.</text>
</paragraph></subsection><subsection id="HC0EE780CFF8F4F90BD5E8239EB8C076D"><enum>(b)</enum><header>Additional
duties</header>
<paragraph id="HA96F6D492316498CB210FB0D63BC33B1"><enum>(1)</enum><header>In
general</header><text>It shall be the duty of the Inspector General of the
United States Office for Contingency Operations to conduct, supervise, and
coordinate audits and investigations of the treatment, handling, and
expenditure of amounts appropriated or otherwise made available for activities
to be carried out by or under the direction or supervision of the Director of
the United States Office for Contingency Operations, or for activities subject
to the special audit and investigative authority of such Inspector General
under subsection (a), and of the programs, operations, and contracts carried
out utilizing such funds, including—</text>
<subparagraph id="HB1D59A71D3C0466EA93635F21D99CA18"><enum>(A)</enum><text>the oversight and
accounting of the obligation and expenditure of such funds;</text>
</subparagraph><subparagraph id="HD8C41CF55611438690F98233ECA94FAE"><enum>(B)</enum><text>the monitoring and
review of activities funded by such funds;</text>
</subparagraph><subparagraph id="H64DA38E76AF247C19052611F317102D8"><enum>(C)</enum><text>the monitoring and
review of contracts funded by such funds;</text>
</subparagraph><subparagraph id="H58EB90654EF74450904BACF39E7A3C90"><enum>(D)</enum><text>the monitoring and
review of the transfer of such funds and associated information between and
among Federal departments, agencies, and entities, and private and
nongovernmental entities; and</text>
</subparagraph><subparagraph id="H209F3C84E0D0466FBEDC56E55AEBA92B"><enum>(E)</enum><text>the maintenance of
records on the use of such funds to facilitate future audits and investigations
of the use of such funds.</text>
</subparagraph></paragraph><paragraph id="H42D3824747564A11A536B75AE3C89E9D"><enum>(2)</enum><header>Systems,
procedures, and controls</header><text>The Inspector General of the United
States Office for Contingency Operations shall establish, maintain, and oversee
such systems, procedures, and controls as such Inspector General considers
appropriate to discharge the duties described in paragraph (1).</text>
</paragraph></subsection><subsection id="HD51A50D69EEC4AE4801AEFD48E0AE218"><enum>(c)</enum><header>Personnel
authority</header>
<paragraph id="H5BCAFB68B14645A0BBED776EBBD02158"><enum>(1)</enum><header>In
general</header><text>The Inspector General of the United States Office for
Contingency Operations may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions, powers, and
duties of the Office, subject to the provisions of title 5, United States Code,
governing appointments in the excepted service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to classification
and General Schedule pay rates.</text>
</paragraph><paragraph id="H3491D961A4B84393A9C5E143104D0191"><enum>(2)</enum><header>Employment
authority</header><text>The Inspector General of the United States Office for
Contingency Operations may exercise the authorities of subsections (b) through
(i) of <external-xref legal-doc="usc" parsable-cite="usc/5/3161">section 3161</external-xref> of title 5, United States Code (without regard to
subsection (a) of such section). In exercising the employment authorities under
subsection (b) of <external-xref legal-doc="usc" parsable-cite="usc/5/3161">section 3161</external-xref> of title 5, United States Code, paragraph (2) of
such subsection (b) (relating to periods of appointments) shall not
apply.</text>
</paragraph><paragraph id="H38AC503CA579482ABA4BBF7BA5A869EB"><enum>(3)</enum><header>Exemption</header><text>Section
6(a)(7) shall not apply with respect to the Inspector General of the United
States Office for Contingency Operations.</text>
</paragraph><paragraph id="HE27B855DF0344277915D9575BD3C30D7"><enum>(4)</enum><header>Reports</header><text>In
addition to reports otherwise required to be submitted under section 5 of this
Act, the Inspector General of the United States Office for Contingency
Operations may issue periodic reports of a similar nature with respect to
activities subject to the special audit and investigative authority of such
Inspector General under subsection (a).</text>
</paragraph><paragraph commented="no" id="H4DE11301B7754ECAB9D3294CFACA0ABD"><enum>(5)</enum><header>Form of
submission</header><text>Each report under this subsection may include a
classified annex if the Inspector General of the United States Office for
Contingency Operations considers such necessary.</text>
</paragraph><paragraph id="H8B81837ACAC546EA80F165CDBD50ED7B"><enum>(6)</enum><header>Disclosure of
certain information</header><text>Nothing in this subsection shall be construed
to authorize the public disclosure of information that is—</text>
<subparagraph id="HB5C2B0EE62204149B0F15CB0DB84E916"><enum>(A)</enum><text>specifically
prohibited from disclosure by any other provision of law;</text>
</subparagraph><subparagraph id="H8B5AE85391294D418C5A189AE00437E9"><enum>(B)</enum><text>specifically
required by Executive order to be protected from disclosure in the interest of
national defense or national security or in the conduct of foreign affairs;
or</text>
</subparagraph><subparagraph id="H3099B86FC8634EE29756D517E89B6DE6"><enum>(C)</enum><text>a part of an
ongoing criminal investigation.</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="H559A2C18F7AD4ED291E52F7951EAFE9F"><enum>(4)</enum><text>in section
12—</text>
<subparagraph id="HCA2B5CB75D5B45C1B356E6A9B01F697A"><enum>(A)</enum><text>in paragraph (1),
by inserting <quote>, or the United States Office for Contingency
Operations</quote> after <quote>the Director of the Federal Housing Finance
Agency</quote>; and</text>
</subparagraph><subparagraph id="H5AC8410BBFB749B9920B4175A40C4CA8"><enum>(B)</enum><text>in paragraph (2),
by inserting <quote>the United States Office for Contingency
Operations,</quote> after <quote>the Federal Housing Finance
Agency,</quote>.</text>
</subparagraph></paragraph></subsection></section><enum>IV</enum><header>Responsibilities
of Other Agencies</header>
<section id="HB6AC8D7AE1BB44F68686601E332615F4"><enum>401.</enum><header>Responsibilities
of other Federal agencies for monitoring and evaluation
requirements</header><text display-inline="no-display-inline">The head of any
Federal agency under the authority of the Director in support of a
stabilization and reconstruction operation pursuant to section 102 shall submit
to the Director—</text>
<paragraph id="H3A0AD147947948B19104B737170E6F1B"><enum>(1)</enum><text>on-going
evaluations of the impact of agency activities on such operation, using the
measures developed by the Director in consultation with the agencies involved,
including an assessment of interagency coordination in support of such
operation;</text>
</paragraph><paragraph id="H693AC41E38CE412DAEB36B350A7E2352"><enum>(2)</enum><text>any information
the Director requests, including reports, evaluations, analyses, or
assessments, to permit the Director to satisfy the quarterly reporting
requirement under section 102(a)(4)(E); and</text>
</paragraph><paragraph id="H7C71BE8289EB4E0BBC7949F4FD51DC22"><enum>(3)</enum><text>an identification,
within each such agency, of all current and former employees skilled in crisis
response, including employees employed by contract, and information regarding
each such agency’s authority mechanisms to reassign or reemploy such employees
and mobilize rapidly associated resources in response to such operation.</text>
</paragraph></section><enum>V</enum><header>Authorization of
Appropriations</header>
<section id="H18E37812E194487AA77644C04D65B875"><enum>501.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">There are
authorized to be appropriated $25,000,000 to carry out this Act for each of
fiscal years 2014 through 2016. Amounts so authorized to be appropriated
are—</text>
<paragraph id="H7355A8CBF0674654BA2E958E262AB038"><enum>(1)</enum><text>authorized to
remain available until expended; and</text>
</paragraph><paragraph id="H7FD030F5C6AA4BF4A13F41EF33E7752E"><enum>(2)</enum><text>shall be in
addition to amounts available in the Stabilization and Reconstruction Fund
under section 205.</text>
</paragraph></section><section id="HED5B86D82FE94FB682CB9357288A45F9"><enum>502.</enum><header>Offset</header><text display-inline="no-display-inline">Notwithstanding any other provision of law,
under such regulations as the Director of the Office of Management and Budget
and the Director of the Office of Personnel Management may prescribe, the
Secretary of State and the head of each other Federal department or agency that
administers United States foreign assistance, in consultation with the
appropriate congressional committees, shall—</text>
<paragraph id="HFB9B086AC2BA4B1DAAB6628463B4316B"><enum>(1)</enum><text>eliminate such
initiatives, positions, and programs within the Department of State or such
other department or agency that are not otherwise required by law as the
Secretary or the head of such other department or agency determines to be
necessary to entirely offset any and all costs incurred to carry out the
provisions of this Act with respect to the Department of State or such other
department or agency;</text>
</paragraph><paragraph id="HFA1DD5E178D241BF889B4BE5E67F8D5B"><enum>(2)</enum><text>ensure no net
increases in personnel are added to carry out the provisions of this Act, with
any new full- or part-time employees or equivalents offset by eliminating an
equivalent number of existing staff; and</text>
</paragraph><paragraph id="H3C1BE07D7A534D14ACA48E1C27BA5DCB"><enum>(3)</enum><text>report to Congress
not later than 90 days after the date of the enactment of this Act the actions
taken to ensure compliance with paragraphs (1) and (2), including the specific
initiatives, positions, and programs within the Department of State or such
other department or agency that have been eliminated to ensure that the costs
of carrying out this Act will be offset.</text>
</paragraph></section>