I 

112TH CONGRESS 

1ST SESSION H. R. 3660 

To establish the United States Office for Contingency Operations, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2011 

Mr. CARNAHAN (for himself, Mr. BURTON of Indiana, Mr. CONNOLLY of Virginia, Mrs. ELLMERS, Mr. JONES, and Mr. WELCH) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on Armed Services and Oversight and Government Reform, 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 establish the United States Office for Contingency 

Operations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Contingency Operations Oversight and Interagency En6 hancement Act of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents is 

8 as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings and purposes. 

Sec. 4. Construction; severability. 

Sec. 5. Effective date. 

TITLE I—UNITED STATES OFFICE FOR CONTINGENCY 

OPERATIONS: ESTABLISHMENT, FUNCTIONS, AND PERSONNEL 

Sec. 101. Establishment of the United States Office for Contingency Operations. 

Sec. 102. Transfer of authorities, functions, personnel, and assets to the Office. 

Sec. 103. Responsibilities of the Director, Deputy Director, Inspector General, 

and other offices. 

Sec. 104. 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. Contingency Federal Acquisition Regulation. 

Sec. 205. Stabilization and Reconstruction Fund. 

TITLE III—RESPONSIBILITIES OF THE INSPECTOR GENERAL 

Sec. 301. Inspector General. 

TITLE IV—RESPONSIBILITIES OF OTHER AGENCIES 

Sec. 401. Responsibilities of other agencies for monitoring and evaluation requirements. 

Sec. 402. Transition of stabilization and reconstruction operations. 

Sec. 403. Sense of Congress. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committees on Appropriations, 

7 Armed Services, Foreign Affairs, and Oversight 


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1 and Government Reform of the House of Rep2 resentatives; and 

3 (B) the Committees on Appropriations, 

4 Armed Services, Foreign Relations, and Home5 land Security and Governmental Affairs of the 

6 Senate. 

7 (2) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the United States Office for Contin9 gency Operations. 

10 (3) FUNCTIONS.—The term ‘‘functions’’ in11 cludes authorities, powers, rights, privileges, immu12 nities, programs, projects, activities, duties, and re13 sponsibilities. 

14 (4) IMMINENT STABILIZATION AND RECON15 STRUCTION OPERATION.—The term ‘‘imminent sta16 bilization and reconstruction operation’’ is a condi17 tion in a foreign country which the Director believes 

18 may require in the immediate future a response 

19 from the United States and with respect to which 

20 preparation for a stabilization and reconstruction 

21 operation is necessary. 

22 (5) INTELLIGENCE COMMUNITY.—The term 

23 ‘‘intelligence community’’ has the meaning given 

24 that term in section 3(4) of the National Security 

25 Act of 1947 (50 U.S.C. 401a(4)). 


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1 (6) OFFICE.—The term ‘‘Office’’ means the 

2 United States Office for Contingency Operations. 

3 (7) PERSONNEL.—The term ‘‘personnel’’ means 

4 officers and employees of an Executive agency, ex5 cept that the term does not include members of the 

6 Armed Forces. 

7 (8) POTENTIAL STABILIZATION AND RECON8 STRUCTION OPERATION.—The term ‘‘potential sta9 bilization and reconstruction operation’’ is a possible 

10 condition in a foreign country which in the deter11 mination of the Director may require in the imme12 diate future a response from the United States and 

13 with respect to which preparation for a stabilization 

14 and reconstruction operation is advisable. 

15 (9) STABILIZATION AND RECONSTRUCTION

16 EMERGENCY.—The term ‘‘stabilization and recon17 struction emergency’’ is a stabilization and recon18 struction operation which is the subject of a Presi19 dential declaration pursuant to section 103. 

20 (10) STABILIZATION AND RECONSTRUCTION OP21 ERATION.—The term ‘‘stabilization and reconstruc22 tion operation’’— 

23 (A) means a circumstance in which a com24 bination of security, reconstruction, relief, and 

25 development services, including assistance for 


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1 the development of military and security forces 

2 and the provision of infrastructure and essential 

3 services (including services that might be pro4 vided under the authority of chapter 4 of part 

5 II of the Foreign Assistance Act of 1961 (22 

6 U.S.C. 2346 et seq.; relating to the Economic 

7 Support Fund)), should, in the national interest 

8 of the United States, be provided on the terri9 tory of an unstable foreign country; 

10 (B) does not include a circumstance in 

11 which such services should be provided pri12 marily due to a natural disaster (other than a 

13 natural disaster of cataclysmic proportions); 

14 and 

15 (C) does not include intelligence activities. 

16 (11) UNITED STATES.—The term ‘‘United 

17 States’’, when used in a geographic sense, means 

18 any State of the United States, the District of Co19 lumbia, the Commonwealth of Puerto Rico, the Vir20 gin Islands, Guam, American Samoa, the Common21 wealth of the Northern Mariana Islands, any posses22 sion of the United States, and any waters within the 

23 jurisdiction of the United States. 

24 SEC. 3. FINDINGS AND PURPOSES. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) Responsibilities for overseas stability and 

2 reconstruction operations are divided among several 

3 agencies. As a result, lines of responsibility and ac4 countability are not well-defined. 

5 (2) Despite the establishment of the Office of 

6 the Coordinator for Reconstruction and Stabilization 

7 within the Department of State, the reaffirmation of 

8 the Coordinator’s mandate by the National Security 

9 Presidential Directive 44, its codification with title 

10 XVI of the Duncan Hunter National Defense Au11 thorization Act for Fiscal Year 2009, and the 

12 issuance of the Department of Defense Directive 

13 3000.05, serious imbalances and insufficient inter14 agency coordination remain. 

15 (3) The United States Government has not ef16 fectively or efficiently managed stabilization and re17 construction operations during recent decades. 

18 (4) Based on trends, the United States will 

19 likely continue to find its involvement necessary in 

20 stabilization and reconstruction operations in foreign 

21 countries in the wake of violence or cataclysmic dis22 aster. 

23 (5) The United States has not adequately 

24 learned the lessons of its recent experiences in sta25 bilization and reconstruction operations, and despite 


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1 efforts to improve its performance is not yet orga2 nized institutionally to respond appropriately to the 

3 need to perform stabilization and reconstruction op4 erations in foreign countries. 

5 (6) The failure to learn the lessons of past sta6 bilization and reconstruction operations will lead to 

7 further inefficiencies, resulting in greater human 

8 and financial costs. 

9 (b) PURPOSES.—The purposes of this Act are to— 

10 (1) advance the national interest of the United 

11 States by providing an effective means to plan for 

12 and execute stabilization and reconstruction oper13 ations in foreign countries; 

14 (2) provide for unity of command, and thus 

15 achieve unity of effort, in the planning and execution 

16 of stabilization and reconstruction operations; 

17 (3) provide accountability for resources dedi18 cated to stabilization and reconstruction operations; 

19 (4) maximize the efficient use of resources, 

20 which may lead to budget savings, eliminated redun21 dancy in functions, and improvement in the manage22 ment of stabilization and reconstruction operations; 

23 and 

24 (5) establish an entity to plan for stabilization 

25 and reconstruction operations and, when directed by 


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1 the President, coordinate and execute such oper2 ations, eventually returning responsibility for such 

3 operations to other agencies of the United States 

4 Government as the situation becomes normalized. 

5 SEC. 4. CONSTRUCTION; SEVERABILITY. 

6 Any provision of this Act held to be invalid or unen7 forceable by its terms, or as applied to any person or cir8 cumstance, shall be construed so as to give it the max9 imum effect permitted by law, unless such holding shall 

10 be one of utter invalidity or unenforceability, in which 

11 event such provision shall be deemed severable from this 

12 Act and shall not affect the remainder thereof, or the ap13 plication of such provision to other persons not similarly 

14 situated or to other, dissimilar circumstances. 

15 SEC. 5. EFFECTIVE DATE. 

16 This Act shall take effect on the date that is 60 days 

17 after the date of the enactment of this Act. 

18 TITLE I—UNITED STATES OF19 FICE FOR CONTINGENCY OP20 ERATIONS: ESTABLISHMENT, 

21 FUNCTIONS, AND PERSONNEL 

22 SEC. 101. ESTABLISHMENT OF THE UNITED STATES OFFICE 

23 FOR CONTINGENCY OPERATIONS. 

24 There is established as an independent entity the 

25 United States Office for Contingency Operations, which 


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1 shall report to the Department of State and the Depart2 ment of Defense. 

3 SEC. 102. TRANSFER OF AUTHORITIES, FUNCTIONS, PER4 SONNEL, AND ASSETS TO THE OFFICE. 

5 (a) FUNCTIONS TRANSFERRED.—Not later than 90 

6 days after the date of the enactment of this Act, there 

7 shall be transferred to the Office the functions, personnel, 

8 assets, and liabilities of— 

9 (1) the Office of the Coordinator for Recon10 struction and Stabilization of the Department of 

11 State, including the Civilian Response Corps; and 

12 (2) the Office of Transition Initiatives of the 

13 United States Agency for International Develop14 ment. 

15 (b) FUNCTIONS TRANSFERRED, IN WHOLE OR IN

16 PART.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, in addi19 tion to the functions, personnel, assets, and liabil20 ities transferred under subsection (a), there shall be 

21 transferred, in whole or in part, to the Office, under 

22 such conditions as the Director, the Director of the 

23 Office of Management and Budget, and the Director 

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1 scribe, the functions, personnel, assets, and liabilities 

2 of the following: 

3 (A) Civilian organizational entities within 

4 the Department of Defense identified by the 

5 Secretary of Defense as— 

6 (i) established to implement Depart7 ment of Defense Instruction 3000.05, re8 lating to stability operations; and 

9 (ii) not essential for combat oper10 ations. 

11 (B) The Bureau of International Narcotics 

12 and Law Enforcement Affairs of the Depart13 ment of State. 

14 (C) The Office of Foreign Disaster Assist15 ance of the United States Agency for Inter16 national Development. 

17 (D) The Office of Conflict Mitigation and 

18 Management of the United States Agency for 

19 International Development. 

20 (E) The International Criminal Investiga21 tive Training Assistance Program of the De22 partment of Justice. 

23 (F) The Department of the Treasury’s 

24 program to provide technical assistance to for25 eign governments and foreign central banks of 


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1 developing or transitional countries authorized 

2 under section 129 of the Foreign Assistance 

3 Act of 1961 and the Office of Technical Assist4 ance of the Department of the Treasury that 

5 manages such program. 

6 (G) The Contingency Acquisition Corps of 

7 the General Services Administration established 

8 pursuant to section 2312 of title 41, United 

9 States Code. 

10 (2) REPORTS.— 

11 (A) BEFORE THE TRANSFER.—The Direc12 tor, the Director of the Office of Management 

13 and Budget, or the Director of the Office of 

14 Personnel Management, as appropriate, shall, 

15 not later than 60 days before carrying out a 

16 transfer in accordance with paragraph (1), sub17 mit to the appropriate congressional committees 

18 a report on the transfer. 

19 (B) AFTER THE TRANSFER.—The Director 

20 shall submit to the appropriate congressional 

21 committees a report on the military and non22 military resources, capabilities, and functions 

23 related to contingency operations of the entities 

24 and agencies transferred pursuant to paragraph 

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1 ties and agencies were not so transferred, the 

2 Director shall include in such report an expla3 nation relating to such non-transfer. 

4 (c) FUTURE TRANSFERS AND RESTRUCTURING.— 

5 (1) IN GENERAL.—In addition to the functions, 

6 personnel, assets, and liabilities transferred to the 

7 Office under subsections (a) and (b), the Director, 

8 the Director of the Office of Management and Budg9 et, and the Director of the Office of Personnel Man10 agement may— 

11 (A) transfer to the Office the functions, 

12 personnel, assets, or liabilities, in whole or in 

13 part, of any office, agency, bureau, program, or 

14 other entity that such Directors determine ap15 propriate; 

16 (B) transfer to the Office up to 150 skilled 

17 Federal personnel with expertise in contingency 

18 operations; and 

19 (C) restructure the Office as such Direc20 tors determine appropriate to better carry out 

21 its functions and responsibilities. 

22 (2) REPORTS.—If the Director, the Director of 

23 the Office of Management and Budget, and the Di24 rector of the Office of Personnel Management under25 take a transfer or a restructuring in accordance with 


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1 subparagraphs (A) and (B), respectively, of para2 graph (1), the Director, the Director of the Office of 

3 Management and Budget, or the Director of the Of4 fice of Personnel Management, as appropriate, shall, 

5 not later than 60 days before carrying out any such 

6 transfer or restructuring, submit to the appropriate 

7 congressional committees a report on such transfer 

8 or restructuring. 

9 SEC. 103. RESPONSIBILITIES OF THE DIRECTOR, DEPUTY 

10 DIRECTOR, INSPECTOR GENERAL, AND 

11 OTHER OFFICES. 

12 (a) DIRECTOR.— 

13 (1) IN GENERAL.—The Office shall be headed 

14 by a Director, who shall be— 

15 (A) appointed by the President, by and 

16 with the advice and consent of the Senate; and 

17 (B) compensated at the rate of basic pay 

18 for level II of the Executive Schedule under sec19 tion 5313 of title 5, United States Code. 

20 (2) SUPERVISION.— 

21 (A) IN GENERAL.—The Director shall re22 port directly to, and be under the general su23 pervision of, the Secretary of State and the Sec24 retary of Defense. Such supervision may not be 

25 delegated. 


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1 (B) INFORMATION SHARING.—The Direc2 tor shall keep the National Security Advisor 

3 fully and continually informed of the activities 

4 of the Office. 

5 (3) FUNCTIONS.—The functions of the Director 

6 shall include the following: 

7 (A) Monitoring, in coordination with rel8 evant offices and bureaus of the Department of 

9 Defense, the Department of State, and the 

10 United States Agency for International Devel11 opment, political and economic instability 

12 worldwide in order to anticipate the need for 

13 mobilizing United States and international as14 sistance for the stabilization and reconstruction 

15 of a country or region that is at risk of, in, or 

16 in transition from, conflict or civil strife. 

17 (B) Assessing the various types of 

18 strabilization and reconstruction crises that 

19 could occur and cataloging and monitoring the 

20 military and non-military resources, capabilities, 

21 and functions of agencies that are available to 

22 address such crises. 

23 (C) Planning to address requirements, 

24 such as demobilization, disarmament, capacity 

25 building, rebuilding of civil society, policing and 


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1 security sector reform, and monitoring and 

2 strengthening respect for human rights that 

3 commonly arise in stabilization and reconstruc4 tion crises. 

5 (D) Developing, in coordination with all 

6 relevant agencies, contingency plans and proce7 dures to mobilize and deploy civilian and mili8 tary personnel to conduct stabilization and re9 construction operations. 

10 (E) Coordinating with counterparts in for11 eign governments and international and non12 governmental organizations on stabilization and 

13 reconstruction operations to improve effective14 ness and avoid duplication. 

15 (F) Building the operational readiness of 

16 the Civilian Response Corps and strengthening 

17 personnel requirements to enhance its essential 

18 interagency quality. 

19 (G) Aiding the President, as the President 

20 may request, in preparing such rules and regu21 lations as the President prescribes, for the plan22 ning, coordination, and execution of stabiliza23 tion and reconstruction operations. 

24 (H) Advising the Secretary of State and 

25 the Secretary of Defense, as the Secretary of 


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1 State or the Secretary of Defense may request, 

2 on any matters pertaining to the planning, co3 ordination, and execution of stabilization and 

4 reconstruction operations. 

5 (I) Planning and conducting, in coopera6 tion with the Secretary of State, the Adminis7 trator of the United States Agency for Inter8 national Development, the Secretary of De9 fense, and commanders of unified combatant 

10 commands or specified combatant commands, a 

11 series of exercises to test and evaluate doctrine 

12 relating to stabilization and reconstruction op13 erations and procedures to be used in such op14 erations. 

15 (J) Executing, administering, and enforc16 ing laws, rules, and regulations relating to the 

17 preparation, coordination, and execution of sta18 bilization and reconstruction operations. 

19 (K) Administering such funds as may be 

20 appropriated or otherwise made available for 

21 the preparation, coordination and execution of 

22 stabilization and reconstruction operations. 

23 (L) Planning for the use of contractors 

24 who will be involved in stabilization and recon25 struction operations, including coordinating 


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1 with the Secretary of State and the Secretary 

2 of Defense to ensure coordination of the work 

3 of such contractors with the work of contractors 

4 supporting— 

5 (i) the Secretary of State; and 

6 (ii) military operations and members 

7 of the Armed Forces. 

8 (M) Prescribing standards and policies for 

9 project and financial reporting for all agencies 

10 involved in stabilization and reconstruction op11 erations under the direction of the Office to en12 sure that all activities undertaken by such agen13 cies are appropriately tracked and accounted 

14 for. 

15 (N) Establishing an interagency training, 

16 preparation, and evaluation framework for all 

17 personnel deployed, or who may be deployed, in 

18 support of stabilization and reconstruction oper19 ations. Such training and preparation shall be 

20 developed and administered in partnership with 

21 such universities, colleges, or other institutions 

22 (whether public, private, or governmental) as 

23 the Director may determine and which agree to 

24 participate. 


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1 (4) RESPONSIBILITIES OF DIRECTOR FOR MONI2 TORING AND EVALUATION REQUIREMENTS.— 

3 (A) EVALUATIONS.—The Director shall 

4 plan and conduct evaluations of the impact of 

5 stabilization and reconstruction operations car6 ried out by the Office. 

7 (B) REPORTS.— 

8 (i) IN GENERAL.—Not later than 30 

9 days after the end of each fiscal-year quar10 ter, the Director shall submit to the appro11 priate congressional committees a report 

12 summarizing all stabilization and recon13 struction operations that are taking place 

14 under the supervision of the Director dur15 ing the period of each such quarter and, to 

16 the extent possible, the period from the 

17 end of each such quarter to the time of the 

18 submission of each such report. Each such 

19 report shall include, for the period covered 

20 by each such report, a detailed statement 

21 of all obligations, expenditures, and reve22 nues associated with such stabilization and 

23 reconstruction operations, including the 

24 following: 


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1 (I) Obligations and expenditures 

2 of appropriated funds. 

3 (II) A project-by-project and pro4 gram-by-program accounting of the 

5 costs incurred to date for the sta6 bilization and reconstruction operation 

7 that are taking place, together with 

8 the estimate of any department or 

9 agency that is undertaking a project 

10 in or for the stabilization and recon11 struction of such country, as applica12 ble, of the costs to complete each 

13 project and each program. 

14 (III) Revenues attributable to or 

15 consisting of funds provided by for16 eign countries or international organi17 zations, and any obligations or ex18 penditures of such revenues. 

19 (IV) Revenues attributable to or 

20 consisting of foreign assets seized or 

21 frozen, and any obligations or expend22 itures of such revenues. 

23 (V) An analysis on the impact of 

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1 ing an analysis of civil-military coordi2 nation with respect to the Office. 

3 (ii) FORM.—Each report under this 

4 subsection may include a classified annex 

5 if the Director determines such is appro6 priate. 

7 (iii) RULE OF CONSTRUCTION.—Noth8 ing in this paragraph shall be construed to 

9 authorize the public disclosure of informa10 tion that is specifically prohibited from dis11 closure by any other provision of law, spe12 cifically required by Executive order to be 

13 protected from disclosure in the interest of 

14 national defense or national security or in 

15 the conduct of foreign affairs, or a part of 

16 an ongoing criminal investigation. 

17 (b) DEPUTY DIRECTOR.— 

18 (1) IN GENERAL.—There shall be within the 

19 Office a Deputy Director, who shall be— 

20 (A) appointed by the President, by and 

21 with the advice and consent of the Senate; and 

22 (B) compensated at the rate of basic pay 

23 for level III of the Executive Schedule under 

24 section 5314 of title 5, United States Code. 


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1 (2) FUNCTIONS.—The Deputy Director shall 

2 perform such functions as the Director may from 

3 time to time prescribe, and shall act as Director dur4 ing the absence or disability of the Director or in the 

5 event of a vacancy in the Office of the Director. 

6 (c) ASSOCIATE DIRECTORS.— 

7 (1) IN GENERAL.—There shall be within the 

8 Office not more than two Associate Directors, who 

9 shall be— 

10 (A) appointed by the President, by and 

11 with the advice and consent of the Senate; and 

12 (B) compensated at the rate of basic pay 

13 for level IV of the Executive Schedule under 

14 section 5315 of title 5, United States Code. 

15 (2) FUNCTIONS.—The Associate Directors shall 

16 perform such functions as the Director may from 

17 time to time prescribe. 

18 (3) SENSE OF CONGRESS.—It is the sense of 

19 Congress that of the two Associate Directors re20 ferred to in this subsection— 

21 (A) one should be highly experienced in de22 fense matters; and 

23 (B) one should be highly experienced in di24 plomacy and development matters. 

25 (d) FUNCTIONS OF THE PRESIDENT.— 


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1 (1) DECLARATION.—The President may, if the 

2 President finds that the circumstances and national 

3 security interests of the United States so require, 

4 declare that a stabilization and reconstruction emer5 gency exists and shall determine the geographic ex6 tent and the date of the commencement of such 

7 emergency. The President may amend the declara8 tion as circumstances warrant. 

9 (2) TERMINATION.—If the President deter10 mines that a stabilization and reconstruction emer11 gency declared under paragraph (1) is or will no 

12 longer be in existence, the President may terminate, 

13 immediately or prospectively, a prior declaration that 

14 such an emergency exists. 

15 (3) PUBLICATION IN FEDERAL REGISTER.— 

16 Declarations under this subsection shall be published 

17 in the Federal Register. 

18 (e) AUTHORITIES OF OFFICE FOLLOWING PRESI19 DENTIAL DECLARATION.—If the President declares a sta20 bilization and reconstruction emergency pursuant to sub21 section (d), the President may delegate to the Director the 

22 authority to coordinate all Federal efforts with respect to 

23 such stabilization and reconstruction emergency, including 

24 the authority to direct any Federal agency to support such 

25 efforts, with or without reimbursement. 


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1 SEC. 104. PERSONNEL SYSTEM. 

2 (a) PERSONNEL.— 

3 (1) IN GENERAL.—The Director may select, ap4 point, and employ such personnel as may be nec5 essary for carrying out the duties of the Office, sub6 ject to the provisions of title 5, United States Code, 

7 governing appointments in the excepted service, and 

8 the provisions of chapter 51 and subchapter III of 

9 chapter 53 of such title, relating to classification and 

10 General Schedule pay rates, and may exercise the 

11 authorities of subsections (b) through (i) of section 

12 3161 of title 5, United States Code (to the same ex13 tent and in the same manner as those authorities 

14 may be exercised by an organization described in 

15 subsection (a) of such section). In exercising the em16 ployment authorities under subsection (b) of such 

17 section 3161, paragraph (2) of such subsection (re18 lating to periods of appointments) shall not apply. 

19 (2) SUBDIVISIONS OF OFFICE; DELEGATION OF

20 FUNCTIONS.—The Director may establish bureaus, 

21 offices, divisions, and other units within the Office. 

22 The Director may from time to time make provision 

23 for the performance of any function of the Director 

24 by any officer or employee, or office, division, or 

25 other unit of the Office. 


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1 (3) REEMPLOYMENT AUTHORITIES.—The provi2 sions of section 9902(g) of title 5, United States 

3 Code, shall apply with respect to the Office. For 

4 purposes of the preceding sentence, such provisions 

5 shall be applied— 

6 (A) by substituting ‘‘the United States Of7 fice for Contingency Operations’’ for ‘‘the De8 partment of Defense’’ each place it appears; 

9 (B) by substituting ‘‘the Stabilization and 

10 Reconstruction Operations Interagency En11 hancement Act of 2011’’ for ‘‘the National De12 fense Authorization Act for Fiscal Year 2004 

13 (Public Law 108–136)’’ in paragraph (2)(A) 

14 thereof; and 

15 (C) by substituting ‘‘the Director of the 

16 United States Office for Contingency Oper17 ations’’ for ‘‘the Secretary’’ in paragraph (4) 

18 thereof. 

19 (b) INTERIM OFFICERS.— 

20 (1) IN GENERAL.—The President may author21 ize any persons who, immediately prior to the effec22 tive date of this Act, held positions in the Executive 

23 Branch of the Government, to act as Director, Dep24 uty Director, Associate Director, and Inspector Gen25 eral of the Office until such positions are for the 


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1 first time filled in accordance with the provisions of 

2 this Act or by recess appointment, as the case may 

3 be. 

4 (2) COMPENSATION.—The President may au5 thorize any such person described in paragraph (1) 

6 to receive the compensation attached to the Office in 

7 respect of which such person so serves, in lieu of 

8 other compensation from the United States. 

9 (c) CONTRACTING SERVICES.— 

10 (1) IN GENERAL.—The Director may obtain 

11 services of experts and consultants as authorized by 

12 section 3109 of title 5, United States Code. 

13 (2) ASSISTANCE.—To the extent and in such 

14 amounts as may be provided in advance by appro15 priations Acts, the Inspector General may enter into 

16 contracts and other arrangements for audits, stud17 ies, analyses, and other services with public agencies 

18 and with private persons, and make such payments 

19 as may be necessary to carry out the duties of the 

20 Inspector General. 

21 (d) INCENTIVIZING EXPERTISE IN PERSONNEL

22 TASKED FOR STABILIZATION AND RECONSTRUCTION OP23 ERATIONS.— 

24 (1) STUDY.—The Director shall commission a 

25 study to measure the effectiveness of personnel in 


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1 stabilization and reconstruction operations. The 

2 study shall seek to identify the most appropriate 

3 qualifications for personnel and incentive strategies 

4 for agencies to effectively recruit and deploy employ5 ees to support stabilization and reconstruction oper6 ations. 

7 (2) SENSE OF CONGRESS.—It is the sense of 

8 Congress that, in the selection and appointment of 

9 any individual for a position both within the Office 

10 and other agencies in support of stabilization and re11 construction operations, due consideration should be 

12 given to such individual’s expertise in such oper13 ations and interagency experience and qualifications. 

14 TITLE II—PREPARING AND EXE15 CUTING STABILITY AND RE16 CONSTRUCTION OPERATIONS 

17 SEC. 201. SOLE CONTROL. 

18 The Director shall have sole control over the coordi19 nation of stabilization and reconstruction operations. 

20 SEC. 202. RELATION TO DEPARTMENT OF STATE AND 

21 UNITED STATES AGENCY FOR INTER22 NATIONAL DEVELOPMENT. 

23 (a) COORDINATION.— 

24 (1) IN GENERAL.—The Director shall to the 

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1 retary of State and the Administrator of the Agency 

2 for International Development regarding the Office’s 

3 plans for stabilization and reconstruction operations. 

4 The Director shall give the greatest possible weight 

5 to the views of the Secretary and the Administrator 

6 on matters within their jurisdiction. During a dec7 laration under section 103 of a stabilization and re8 construction emergency, the Director shall work 

9 closely with the Secretary and the Administrator in 

10 planning, executing, and transitioning operations rel11 evant to their respective jurisdictions. 

12 (2) IN-COUNTRY.—During a stabilization and 

13 reconstruction emergency, the Director shall work 

14 closely with the Chief of Mission, or with the most 

15 senior Department of State or Agency for Inter16 national Development officials responsible for the 

17 country in which such emergency exists, to ensure 

18 that the actions of the Office do not conflict with the 

19 foreign or development policies of the United States. 

20 (b) DETAILING.—The heads of the various depart21 ments and agencies of the United States Government 

22 (other than the Secretary of Defense) shall provide for the 

23 detail on a reimbursable or nonreimbursable basis of such 

24 civilian personnel as may be agreed between such heads 

25 and the Director for the purposes of carrying out this Act. 


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1 The heads of such departments and agencies shall provide 

2 for appropriate recognition and career progress for indi3 viduals who are so detailed upon their return from such 

4 details. 

5 SEC. 203. RELATION TO DEPARTMENT OF DEFENSE COM6 BATANT COMMANDS PERFORMING MILITARY 

7 MISSIONS. 

8 (a) COORDINATION WITH SECRETARY OF DEFENSE

9 AND COMBATANT COMMANDS.—To the greatest degree 

10 practicable, the Director shall coordinate with the Sec11 retary of Defense and commanders of unified and specified 

12 combatant commands established under section 161 of 

13 title 10, United States Code, regarding the plans of the 

14 Office for stabilization and reconstruction operations. 

15 (b) STAFF COORDINATION.—The Director shall de16 tail personnel of the Office to serve on the staff of a com17 batant command to assist in planning when a military op18 eration will involve likely Armed Forces interaction with 

19 non-combatant populations, so that plans for a stabiliza20 tion and reconstruction operation related to a military op21 eration— 

22 (1) complement the work of military planners; 

23 and 

24 (2) as provided in subsection (c), ease inter25 action between civilian direct-hire employees and 


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1 contractors in support of the stabilization and recon2 struction operation and the Armed Forces. 

3 (c) LIMITATIONS.— 

4 (1) DIRECTOR.—The authority of the Director 

5 shall not extend to small-scale programs (other than 

6 economic development programs of more than a de 

7 minimis amount) designated by the Secretary of De8 fense as necessary to promote a safe operating envi9 ronment for the Armed Forces or other friendly 

10 forces. 

11 (2) MILITARY ORDER.—Nothing in this Act 

12 shall be construed as permitting the Director or any 

13 of the personnel of the Office (other than a member 

14 of the Armed Forces assigned to the Office under 

15 subsection (e)) to issue a military order. 

16 (d) SUPPORT.— 

17 (1) ASSISTANCE REQUIRED.—The commanders 

18 of combatant commands shall provide assistance, to 

19 the greatest degree practicable, to the Director and 

20 the personnel of the Office as they carry out their 

21 responsibilities. 

22 (2) PERSONNEL.—The Secretary of Defense 

23 shall provide for the detail or assignment, on a reim24 bursable or nonreimbursable basis, to the staff of 

25 the Office of such Department of Defense personnel 


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1 and members of the Armed Forces as may be agreed 

2 between the Secretary and the Director as necessary 

3 to carry out the duties of the Office. 

4 SEC. 204. CONTINGENCY FEDERAL ACQUISITION REGULA5 TION. 

6 (a) REQUIREMENT TO PRESCRIBE CONTINGENCY

7 FEDERAL ACQUISITION REGULATION.—The Director, in 

8 consultation with the Director of the Office of Manage9 ment and Budget, shall prescribe a Contingency Federal 

10 Acquisition Regulation. The Regulation shall apply, under 

11 such circumstances as the Director prescribes, in lieu of 

12 the Federal Acquisition Regulation with respect to con13 tracts intended for use in or with respect to stabilization 

14 and reconstruction emergencies or in imminent or poten15 tial stabilization and reconstruction operations. 

16 (b) PREFERENCE TO CERTAIN CONTRACTS.—It is 

17 the sense of Congress that the Contingency Federal Acqui18 sition Regulation required by subsection (a) should include 

19 provisions requiring an agency to give a preference to con20 tracts that appropriately, efficiently, and sustainably im21 plement programs and projects undertaken in support of 

22 a stabilization and reconstruction operation. 

23 (c) DEADLINE.—The Director shall prescribe the 

24 Contingency Federal Acquisition Regulation required by 

25 subsection (a) by the date occurring one year after the 


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1 date of the enactment of this Act. If the Director does 

2 not prescribe the Regulation by that date, the Director 

3 shall submit to Congress a statement explaining why the 

4 deadline was not met. 

5 SEC. 205. STABILIZATION AND RECONSTRUCTION FUND. 

6 (a) IN GENERAL.—There is established in the Treas7 ury of the United States a fund, to be known as the ‘‘Sta8 bilization and Reconstruction Emergency Reserve Fund’’, 

9 to be administered by the Director at the direction of the 

10 President and with the consent of the Secretary of State 

11 and the Secretary of Defense for the following purposes 

12 with respect to a stabilization and reconstruction oper13 ation: 

14 (1) Development of water and sanitation infra15 structure. 

16 (2) Providing food distribution and development 

17 of sustained production. 

18 (3) Supporting relief efforts related to refugees, 

19 internally displaced persons, and vulnerable individ20 uals, including assistance for families of innocent ci21 vilians who suffer losses as a result of military oper22 ations. 

23 (4) Providing electricity. 

24 (5) Providing healthcare relief and developing 

25 sustained healthcare. 


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1 (6) Development of telecommunications. 

2 (7) Development of economic and financial pol3 icy. 

4 (8) Development of education. 

5 (9) Development of transportation infrastruc6 ture. 

7 (10) Establishment and enforcement of rule of 

8 law. 

9 (11) Humanitarian demining. 

10 (12) Development of agriculture. 

11 (13) Peace enforcement, peacekeeping, and 

12 post-conflict peacebuilding. 

13 (14) Development of justice and public safety 

14 infrastructure. 

15 (15) Development of security and law enforce16 ment. 

17 (16) Observation and enforcement of human 

18 rights. 

19 (17) Development of governance, democratiza20 tion, and building the capacity of government. 

21 (18) Development of natural resource infra22 structure. 

23 (19) Establishment of environmental protection. 

24 (20) Protection of vulnerable populations in25 cluding women, children, the aged, and minorities. 


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1 (21) The operations of the Office. 

2 (22) Any other purpose which the Director con3 siders essential to address the emergency. 

4 (b) CONGRESSIONAL NOTIFICATION.— 

5 (1) PRESIDENTIAL DIRECTION.—At the time 

6 the President directs the Director to carry out or 

7 support an activity described in subsection (a), the 

8 President shall transmit to appropriate congressional 

9 committees a written notification of such direction. 

10 (2) ACTIVITIES IN A COUNTRY.—Not less than 

11 15 days before carrying out or supporting an activity 

12 described in subsection (a), the Director shall submit 

13 to the appropriate congressional committees infor14 mation related to the budget, implementation 

15 timeline (including milestones), and transition strat16 egy with respect to such activity and the stabiliza17 tion or reconstruction operation at issue. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to the appropriated to the fund established 

20 under subsection (a) such sums as may be necessary to 

21 carry out the purposes specified in such subsection. Such 

22 sums— 

23 (1) shall be available until expended; 

24 (2) shall not be made available for obligation or 

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1 tion and reconstruction emergency pursuant to sec2 tion 103; and 

3 (3) shall be in addition to any other funds made 

4 available for such purposes. 

5 TITLE III—RESPONSIBILITIES 

6 OF THE INSPECTOR GENERAL 

7 SEC. 301. INSPECTOR GENERAL. 

8 (a) IN GENERAL.—There shall be within the Office 

9 an Office of the Inspector General, the head of which shall 

10 be the Inspector General of the United States Office for 

11 Contingency Operations (in this Act referred to as the 

12 ‘‘Inspector General’’), who shall be appointed as provided 

13 in section 3(a) of the Inspector General Act of 1978 (5 

14 U.S.C. App.). 

15 (b) TECHNICAL AMENDMENTS AND ADDITIONAL AU16 THORITIES.—The Inspector General Act of 1978 (5 

17 U.S.C. App.) is amended— 

18 (1) in section 12— 

19 (A) in paragraph (1), by inserting ‘‘, or the 

20 United States Office for Contingency Oper21 ations’’ after ‘‘the Director of the Federal 

22 Housing Finance Agency’’; and 

23 (B) in paragraph (2), by inserting ‘‘the 

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1 ations,’’ after ‘‘the Federal Housing Finance 

2 Agency,’’; 

3 (2) in section 8J, by striking ‘‘8E or 8F’’ and 

4 inserting ‘‘8E, 8F, or 8M’’; and 

5 (3) by inserting after section 8L the following 

6 new section: 

7 ‘‘SEC. 8M. SPECIAL PROVISIONS CONCERNING THE INSPEC8 TOR GENERAL OF THE UNITED STATES OF9 FICE FOR CONTINGENCY OPERATIONS. 

10 ‘‘(a) SPECIAL AUDIT AND INVESTIGATIVE AUTHOR11 ITY.— 

12 ‘‘(1) IN GENERAL.—When directed by the 

13 President, or otherwise provided by law, and in addi14 tion to the other duties and responsibilities specified 

15 in this Act, the Inspector General of the United 

16 States Office for Contingency Operations— 

17 ‘‘(A) shall, with regard to the activities of 

18 the United States Office for Contingency Oper19 ations, have special audit and investigative au20 thority over all accounts, spending, programs, 

21 projects, and operations; and 

22 ‘‘(B) shall have special audit and investiga23 tive authority over the activities described in 

24 paragraph (2). 


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1 ‘‘(2) ACTIVITIES DESCRIBED.—The activities 

2 described in this paragraph are activities funded or 

3 undertaken by the United States Government that 

4 are not undertaken by or under the direction or su5 pervision of the Director of the United States Office 

6 for Contingency Operations— 

7 ‘‘(A) in response to emergencies, desta8 bilization, armed conflict, or events that other9 wise require stabilization or reconstruction op10 erations; 

11 ‘‘(B) where a rapid response by the United 

12 States is required or anticipated to be required; 

13 and 

14 ‘‘(C) where the Inspector General is more 

15 well-suited than the implementing department 

16 or agency to engage rapidly in audit and inves17 tigative activities. 

18 ‘‘(3) ADMINISTRATIVE OPERATIONS.—In any 

19 case in which the Inspector General of the United 

20 States Office for Contingency Operations is exer21 cising or preparing to exercise special audit and in22 vestigative authority under this subsection, the head 

23 of any department or agency undertaking or pre24 paring to undertake the activities described in para25 graph (2) shall provide such Inspector General with 


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1 appropriate and adequate office space within the of2 fices of such department or agency or at appropriate 

3 locations of that department or agency overseas, to4 gether with such equipment, office supplies, and 

5 communications facilities and services as may be 

6 necessary for the operation of such offices, and shall 

7 provide necessary maintenance services for such of8 fices and the equipment and facilities located there9 in. 

10 ‘‘(b) ADDITIONAL DUTIES.— 

11 ‘‘(1) IN GENERAL.—It shall be the duty of the 

12 Inspector General of the United States Office for 

13 Contingency Operations to conduct, supervise, and 

14 coordinate audits and investigations of the treat15 ment, handling, and expenditure of amounts appro16 priated or otherwise made available for activities to 

17 be carried out by or under the direction or super18 vision of the Director of the United States Office for 

19 Contingency Operations, or for activities subject to 

20 the special audit and investigative authority of such 

21 Inspector General under subsection (a), and of the 

22 programs, operations, and contracts carried out uti23 lizing such funds, including— 

24 ‘‘(A) the oversight and accounting of the 

25 obligation and expenditure of such funds; 


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1 ‘‘(B) the monitoring and review of activi2 ties funded by such funds; 

3 ‘‘(C) the monitoring and review of con4 tracts funded by such funds; 

5 ‘‘(D) the monitoring and review of the 

6 transfer of such funds and associated informa7 tion between and among departments, agencies, 

8 and entities of the United States, and private 

9 and nongovernmental entities; and 

10 ‘‘(E) the maintenance of records on the 

11 use of such funds to facilitate future audits and 

12 investigations of the use of such funds. 

13 ‘‘(2) SYSTEMS, PROCEDURES, AND CON14 TROLS.—The Inspector General of the United States 

15 Office for Contingency Operations shall establish, 

16 maintain, and oversee such systems, procedures, and 

17 controls as such Inspector General considers appro18 priate to discharge the duty under paragraph (1). 

19 ‘‘(c) PERSONNEL AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—The Inspector General of 

21 the United States Office for Contingency Operations 

22 may select, appoint, and employ such officers and 

23 employees as may be necessary for carrying out the 

24 functions, powers, and duties of the Office, subject 

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1 erning appointments in the excepted service, and the 

2 provisions of chapter 51 and subchapter III of chap3 ter 53 of such title, relating to classification and 

4 General Schedule pay rates. 

5 ‘‘(2) EMPLOYMENT AUTHORITY.—The Inspec6 tor General of the United States Office for Contin7 gency Operations may exercise the authorities of 

8 subsections (b) through (i) of section 3161 of title 

9 5, United States Code (without regard to subsection 

10 (a) of that section). In exercising the employment 

11 authorities under subsection (b) of section 3161 of 

12 title 5, United States Code, as provided under para13 graph (1) of this subsection, paragraph (2) of such 

14 subsection (b) (relating to periods of appointments) 

15 shall not apply. 

16 ‘‘(3) EXEMPTION.—Section 6(a)(7) shall not 

17 apply with respect to the Inspector General of the 

18 United States Office for Contingency Operations. 

19 ‘‘(d) REPORTS.— 

20 ‘‘(1) QUARTERLY REPORTS.— 

21 ‘‘(A) IN GENERAL.—Not later than 60 

22 days after the end of each fiscal-year quarter, 

23 the Inspector General of the United States Of24 fice for Contingency Operations shall submit to 

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1 port in accordance with subparagraph (B) that 

2 summarizes for the period of that quarter and, 

3 to the extent possible, the period from the end 

4 of such quarter to the time of the submission 

5 of the report, the activities of such Inspector 

6 General and the activities under programs and 

7 operations funded with amounts appropriated 

8 or otherwise made available for activities car9 ried out by or under the direction or supervision 

10 of the Director of the United States Office for 

11 Contingency Operations. 

12 ‘‘(B) CONTENTS OF QUARTERLY RE13 PORT.—Each report submitted pursuant to sub14 paragraph (A) shall include, for the period cov15 ered by such report, a detailed statement of all 

16 obligations, expenditures, and revenues associ17 ated with reconstruction and rehabilitation ac18 tivities by or under the direction or supervision 

19 of the Director of the United States Office for 

20 Contingency Operations, or under the special 

21 audit and investigative authority under sub22 section (a) of the Inspector General of the 

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1 scribed by such Inspector General), including 

2 the following: 

3 ‘‘(i) Obligations and expenditures of 

4 appropriated funds. 

5 ‘‘(ii) A project-by-project and pro6 gram-by-program accounting of the costs 

7 incurred to date by such Office or under 

8 the direction or supervision of such Office, 

9 or under the special audit and investigative 

10 authority of such Inspector General, for 

11 each stabilization and reconstruction oper12 ation, together with the estimate of the de13 partment or agency of the United States, 

14 as applicable, of the costs to complete each 

15 project and each program. 

16 ‘‘(iii) Revenues attributable to or con17 sisting of funds provided by foreign coun18 tries or international organizations, and 

19 any obligations or expenditures of such 

20 revenues. 

21 ‘‘(iv) Revenues attributable to or con22 sisting of foreign assets seized or frozen, 

23 and any obligations or expenditures of 

24 such revenues. 


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1 ‘‘(v) Operating expenses of depart2 ments, agencies, or other entities receiving 

3 amounts appropriated or otherwise made 

4 available to or obligated or expended under 

5 the direction or supervision of such Direc6 tor. 

7 ‘‘(vi) In the case of a covered con8 tract— 

9 ‘‘(I) the amount of such contract; 

10 ‘‘(II) a brief discussion of the 

11 scope of such contract; 

12 ‘‘(III) a discussion of how the 

13 relevant department, agency, or other 

14 entity identified, and solicited offers 

15 from, potential contractors to perform 

16 the contract, together with a list of 

17 the potential contractors that were 

18 issued solicitations for the offers; and 

19 ‘‘(IV) the extent to which com20 petitive procedures were used for such 

21 contract. 

22 ‘‘(C) REPORT COORDINATION.—Each re23 port under this paragraph shall be furnished to 

24 the head of the establishment involved not later 

25 than 30 days after the submission of the report 


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1 under subparagraph (A) and shall be trans2 mitted by such head to the appropriate commit3 tees of the Congress not later than 30 days 

4 after receipt of the report, together with a re5 port by the head of the establishment con6 taining any comments such head determines ap7 propriate, including a classified annex if such 

8 head considers it necessary. 

9 ‘‘(2) SEMIANNUAL REPORTS.—The Inspector 

10 General of the United States Office for Contingency 

11 Operations shall submit to the appropriate commit12 tees a semiannual report that includes a summary of 

13 the activities of the Office, including activities de14 scribed in paragraphs (1) through (13) of section 

15 5(a) of this Act. The first such report for a year, 

16 covering the first six months of the year, shall be 

17 submitted not later than August 30 of that year, 

18 and the second such report, covering the second six 

19 months of the year, shall be submitted not later than 

20 February 28 of the following year. 

21 ‘‘(3) WAIVER.— 

22 ‘‘(A) IN GENERAL.—The President may 

23 waive any of the requirements to be included in 

24 the reports under paragraph (1) or (2) if the 


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1 President determines that the waiver is justified 

2 for national security reasons. 

3 ‘‘(B) NOTICE OF WAIVER.—The President 

4 shall publish a notice of each waiver made 

5 under this paragraph in the Federal Register 

6 not later than the date on which the report for 

7 which a waiver was made is required to be sub8 mitted to Congress under paragraph (1) or (2). 

9 ‘‘(C) DESCRIPTION OF WAIVER IN RE10 PORT.—The reports required under paragraph 

11 (1) or (2) shall specify whether waivers under 

12 this paragraph were made and with respect to 

13 which requirements. 

14 ‘‘(4) REPORTS UNDER SECTION 5 OF THIS

15 ACT.— 

16 ‘‘(A) IN GENERAL.—In addition to reports 

17 otherwise required to be submitted under this 

18 subsection, the Inspector General of the United 

19 States Office for Contingency Operations— 

20 ‘‘(i) may issue periodic reports of a 

21 similar nature to the quarterly reports sub22 mitted under paragraph (1) with respect to 

23 activities subject to the special audit and 

24 investigative authority of such Inspector 

25 General under subsection (a); and 


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1 ‘‘(ii) if such Inspector General did not 

2 engage, during any six month period, in 

3 audit or investigation activities with re4 spect to activities carried out under the di5 rection or supervision of the Director, shall 

6 issue a report, not later than six months 

7 after the previous report was issued under 

8 this subsection that includes a summary of 

9 the activities of the Office, including activi10 ties described in paragraphs (1) through 

11 (13) of section 5(a) of this Act. 

12 ‘‘(B) EXEMPTION.—The Inspector General 

13 of the United States Office for Contingency Op14 erations is not required to provide reports 

15 under section 5 of this Act. 

16 ‘‘(5) LANGUAGE OF REPORTS.—The Inspector 

17 General of the United States Office for Contingency 

18 Operations shall publish each report under this sub19 section in both English and to the degree that the 

20 Inspector General shall prescribe, in languages rel21 evant to the host country. 

22 ‘‘(6) FORM OF SUBMISSION.—Each report 

23 under this subsection may include a classified annex 

24 if the Inspector General of the United States Office 

25 for Contingency Operations considers it necessary. 


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1 ‘‘(7) DISCLOSURE OF CERTAIN INFORMA2 TION.—Nothing in this subsection shall be construed 

3 to authorize the public disclosure of information that 

4 is— 

5 ‘‘(A) specifically prohibited from disclosure 

6 by any other provision of law; 

7 ‘‘(B) specifically required by Executive 

8 order to be protected from disclosure in the in9 terest of national defense or national security or 

10 in the conduct of foreign affairs; or 

11 ‘‘(C) a part of an ongoing criminal inves12 tigation. 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) APPROPRIATE COMMITTEES.—The term 

15 ‘appropriate committees’ means— 

16 ‘‘(A) the Committees on Appropriations, 

17 Armed Services, Foreign Affairs, and Oversight 

18 and Government Reform of the House of Rep19 resentatives; and 

20 ‘‘(B) the Committees on Appropriations, 

21 Armed Services, Foreign Relations, and Home22 land Security and Governmental Affairs of the 

23 Senate. 

24 ‘‘(2) COVERED CONTRACT.—The term ‘covered 

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1 partment or agency, with any public or private sec2 tor entity, in any geographic area with regard to a 

3 stabilization or reconstruction operation or where 

4 the Inspector General of the United States Office for 

5 Contingency Operations is exercising its special 

6 audit or investigative authority for the performance 

7 of any of the following: 

8 ‘‘(A) To build or rebuild physical infra9 structure of such area. 

10 ‘‘(B) To establish or reestablish a political 

11 or governmental institution of such area. 

12 ‘‘(C) To provide products or services to the 

13 local population of the area. 

14 ‘‘(3) DEPARTMENT OR AGENCY.—The term ‘de15 partment or agency’ means any agency as defined 

16 under section 551 of title 5, United States Code. 

17 ‘‘(4) STABILIZATION AND RECONSTRUCTION OP18 ERATION.—The term ‘stabilization and reconstruc19 tion operation’ has the meaning given the term in 

20 section 2 of the Stabilization and Reconstruction 

21 Operations Interagency Enhancement Act of 2011.’’. 

22 (c) TRANSFER AND TERMINATION OF THE OFFICE

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1 CIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUC2 TION.— 

3 (1) TRANSFER.—The following shall be trans4 ferred to the Office of the Inspector General of the 

5 United States Office for Contingency Operations: 

6 (A)(i) All functions vested by law on the 

7 day before the effective date of this Act in the 

8 Office of the Special Inspector General for Iraq 

9 Reconstruction or the Inspector General of such 

10 office. 

11 (ii) All functions vested by law on the day 

12 before the effective date of this Act in the Of13 fice of the Special Inspector General for Af14 ghanistan Reconstruction or the Inspector Gen15 eral of such office. 

16 (B) All personnel, assets, and liabilities of 

17 the Office of the Special Inspector General for 

18 Iraq Reconstruction, and all personnel, assets, 

19 and liabilities of the Office of the Special In20 spector General for Afghanistan Reconstruc21 tion. 

22 (2) EXERCISE OF FUNCTIONS.—The Inspector 

23 General shall exercise all functions transferred by 

24 paragraph (1)(A) on and after the effective date of 

25 this Act. 


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1 (3) PERSONNEL CLASSIFICATION AND COM2 PENSATION.—The transfer of personnel pursuant to 

3 paragraph (1)(B) shall not alter the terms and con4 ditions of employment, including compensation and 

5 classification, of any employee so transferred. 

6 (4) TERMINATION.— 

7 (A) IRAQ RECONSTRUCTION FUNCTIONS.— 

8 (i) IN GENERAL.—The authority of 

9 the Inspector General to exercise the func10 tions transferred by paragraph (1)(A)(i) 

11 shall terminate 180 days after the date on 

12 which amounts appropriated or otherwise 

13 made available for the reconstruction of 

14 Iraq that are unexpended are less than 

15 $250,000,000. 

16 (ii) DEFINITION.—In clause (i), the 

17 term ‘‘amounts appropriated or otherwise 

18 made available for the reconstruction of 

19 Iraq’’ has the meaning given the term in 

20 section 3001(m) of the Emergency Supple21 mental Appropriations Act for Defense and 

22 for the Reconstruction of Iraq and Afghan23 istan, 2004 (Public Law 108–106; 117 

24 Stat. 1238; 5 U.S.C. App., note to section 


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1 8G), as such section was in effect on the 

2 day before the effective date of this Act. 

3 (B) AFGHANISTAN RECONSTRUCTION

4 FUNCTIONS.— 

5 (i) IN GENERAL.—The authority of 

6 the Inspector General to exercise the func7 tions transferred by paragraph (1)(A)(ii) 

8 shall terminate 180 days after the date on 

9 which amounts appropriated or otherwise 

10 made available for the reconstruction of 

11 Afghanistan that are unexpended are less 

12 than $250,000,000. 

13 (ii) DEFINITION.—In clause (i), the 

14 term ‘‘amounts appropriated or otherwise 

15 made available for the reconstruction of 

16 Afghanistan’’ has the meaning given the 

17 term in section 1229(m) of the National 

18 Defense Authorization Act for Fiscal Year 

19 2008 (Public Law 110–181; 122 Stat. 

20 384), as such section was in effect on the 

21 day before the effective date of this Act. 

22 (5) REPEALS.—The following provisions of law 

23 are repealed: 

24 (A) Section 3001 of the Emergency Sup25 plemental Appropriations Act for Defense and 


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1 for the Reconstruction of Iraq and Afghanistan, 

2 2004 (Public Law 108–106; 117 Stat. 1234; 5 

3 U.S.C. App., note to section 8G). 

4 (B) Section 1229 of the National Defense 

5 Authorization Act for Fiscal Year 2008 (Public 

6 Law 110–181; 122 Stat. 378). 

7 (d) SAVINGS PROVISIONS.— 

8 (1) COMPLETED ADMINISTRATIVE ACTIONS.— 

9 (A) Completed administrative actions of the Office 

10 of the Special Inspector General for Afghanistan Re11 construction and the Office of the Special Inspector 

12 General for Iraq Reconstruction shall not be affected 

13 by the enactment of this Act or the transfer of such 

14 offices to the Office of the Inspector General of the 

15 United States Office for Contingency Operations, 

16 but shall continue in effect according to their terms 

17 until amended, modified, superseded, terminated, set 

18 aside, or revoked in accordance with law by an offi19 cer of the United States or a court of competent ju20 risdiction, or by operation of law. 

21 (B) For purposes of paragraph (1), the term 

22 ‘‘completed administrative action’’ includes orders, 

23 determinations, rules, regulations, personnel actions, 

24 permits, agreements, grants, contracts, certificates, 

25 licenses, registrations, and privileges. 


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1 (2) PENDING CIVIL ACTIONS.—Pending civil ac2 tions shall continue notwithstanding the enactment 

3 of this Act or the transfer of the Office of the Spe4 cial Inspector General for Afghanistan Reconstruc5 tion and the Office of the Special Inspector General 

6 for Iraq Reconstruction to the Office of the Inspec7 tor General of the United States Office for Contin8 gency Operations, and in such civil actions, pro9 ceedings shall be had, appeals taken, and judgments 

10 rendered and enforced in the same manner and with 

11 the same effect as if such enactment or transfer had 

12 not occurred. 

13 (3) REFERENCES.—References relating to the 

14 Office of the Special Inspector General for Afghani15 stan Reconstruction and the Office of the Special In16 spector General for Iraq Reconstruction that is 

17 transferred to the Office of the Inspector General of 

18 the United States Office for Contingency Operations 

19 in statutes, Executive orders, rules, regulations, di20 rectives, or delegations of authority that precede 

21 such transfer or the effective date of this Act shall 

22 be deemed to refer, as appropriate, to the Office of 

23 the Inspector General of the United States Office for 

24 Contingency Operations, to its officers, employees, 


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1 or agents, or to its corresponding organizational 

2 units or functions. 

3 TITLE IV—RESPONSIBILITIES OF 

4 OTHER AGENCIES 

5 SEC. 401. RESPONSIBILITIES OF OTHER AGENCIES FOR 

6 MONITORING AND EVALUATION REQUIRE7 MENTS. 

8 The head of any agency under the authority of the 

9 Director in support of a stabilization and reconstruction 

10 operation pursuant to section 103 shall submit to the Di11 rector— 

12 (1) on-going evaluations of the impact of such 

13 stabilization and reconstruction operation on such 

14 agency, including an assessment of interagency co15 ordination in support of such operation; 

16 (2) any information the Director requests, in17 cluding reports, evaluations, analyses, or assess18 ments, to permit the Director to satisfy the quar19 terly reporting requirement under section 103(a)(4); 

20 and 

21 (3) an identification, within each such agency, 

22 of all current and former employees skilled in crisis 

23 response, including employees employed by contract, 

24 and information regarding each such agency’s au25 thority mechanisms to reassign or reemploy such 


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1 skilled personnel and mobilize rapidly associated re2 sources in response to such operation. 

3 SEC. 402. TRANSITION OF STABILIZATION AND RECON4 STRUCTION OPERATIONS. 

5 (a) TERMINATION.—Upon Presidential termination 

6 of a stabilization and reconstruction emergency pursuant 

7 to section 103(d)(2), any effort of a Federal agency under 

8 the authority of the Director pursuant to section 103 in 

9 support of a related stabilization and reconstruction oper10 ation shall return to the authority of such agency. 

11 (b) SCALE-DOWN OPERATIONS.—The President, in 

12 consultation with the Director, the Secretary of State, and 

13 the Secretary of Defense, shall delegate to appropriate 

14 Federal agencies post-stabilization and reconstruction 

15 emergency operations. 

16 SEC. 403. SENSE OF CONGRESS. 

17 It is the sense of Congress that, to the extent pos18 sible, the Director and staff should partner with the coun19 try in which a stabilization and reconstruction operation 

20 is taking place, other foreign government partners, inter21 national organizations, and local nongovernmental organi22 zations throughout the planning, implementation, and par23 ticularly during the transition stages of such operations 

24 to facilitate long term capacity building and sustainability 

25 of initiatives. 


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1 TITLE V—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this Act for each of fiscal 

6 years 2011 through 2016. Any amounts appropriated to 

7 carry out this Act shall remain available until expended. 

8 SEC. 502. OFFSET OF COSTS IN ESTABLISHMENT OF OF9 FICE. 

10 Notwithstanding any other provision of law, the Di11 rector of the Office shall— 

12 (1) adjust or eliminate such initiatives, posi13 tions, and programs to be incorporated within the 

14 Office (other than within the Office of Inspector 

15 General) as the Director determines necessary to en16 sure any costs incurred to carry out the provisions 

17 of this Act in excess of amounts previously expended 

18 for such activities are entirely offset; and 

19 (2) report to Congress not later than 60 days 

20 after the date of the enactment of this Act the ac21 tions taken to ensure compliance with paragraph 

22 (1), including the specific initiatives, positions, and 

23 programs that have been adjusted or eliminated to 


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1 ensure that the costs of carrying out this Act will be 

2 offset. 

Æ 


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