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 Vir-
ginia, Mrs. ELLMERS, Mr. JONES, and Mr. WELCH) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on Armed Services and Oversight and Gov-
ernment 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Contingency Operations Oversight and Interagency En-
hancement Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
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 Oper-
ations. 
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 Inter-
national 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 re-
quirements. 
Sec. 402. Transition of stabilization and reconstruction operations. 
Sec. 403. Sense of Congress. 
TITLE V—AUTHORIZATION OF APPROPRIATIONS 
Sec. 501. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Appropriations, 
Armed Services, Foreign Affairs, and Oversight 
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and Government Reform of the House of Rep-
resentatives; and 
(B) the Committees on Appropriations, 
Armed Services, Foreign Relations, and Home-
land Security and Governmental Affairs of the 
Senate. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Office for Contin-
gency Operations. 
(3) FUNCTIONS.—The term ‘‘functions’’ in-
cludes authorities, powers, rights, privileges, immu-
nities, programs, projects, activities, duties, and re-
sponsibilities. 
(4) IMMINENT
STABILIZATION
AND
RECON-
STRUCTION OPERATION.—The term ‘‘imminent sta-
bilization and reconstruction operation’’ is a condi-
tion 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) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)). 
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(6) OFFICE.—The term ‘‘Office’’ means the 
United States Office for Contingency Operations. 
(7) PERSONNEL.—The term ‘‘personnel’’ means 
officers and employees of an Executive agency, ex-
cept that the term does not include members of the 
Armed Forces. 
(8) POTENTIAL
STABILIZATION
AND
RECON-
STRUCTION OPERATION.—The term ‘‘potential sta-
bilization and reconstruction operation’’ is a possible 
condition in a foreign country which in the deter-
mination of the Director may require in the imme-
diate future a response from the United States and 
with respect to which preparation for a stabilization 
and reconstruction operation is advisable. 
(9) 
STABILIZATION
AND
RECONSTRUCTION 
EMERGENCY.—The term ‘‘stabilization and recon-
struction emergency’’ is a stabilization and recon-
struction operation which is the subject of a Presi-
dential declaration pursuant to section 103. 
(10) STABILIZATION AND RECONSTRUCTION OP-
ERATION.—The term ‘‘stabilization and reconstruc-
tion operation’’— 
(A) means a circumstance in which a com-
bination of security, reconstruction, relief, and 
development services, including assistance for 
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the development of military and security forces 
and the provision of infrastructure and essential 
services (including services that might be pro-
vided 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 terri-
tory of an unstable foreign country; 
(B) does not include a circumstance in 
which such services should be provided pri-
marily due to a natural disaster (other than a 
natural disaster of cataclysmic proportions); 
and 
(C) does not include intelligence activities. 
(11) UNITED
STATES.—The term ‘‘United 
States’’, when used in a geographic sense, means 
any State of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, any posses-
sion of the United States, and any waters within the 
jurisdiction of the United States. 
SEC. 3. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
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(1) Responsibilities for overseas stability and 
reconstruction operations are divided among several 
agencies. As a result, lines of responsibility and ac-
countability 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 with title 
XVI of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009, and the 
issuance of the Department of Defense Directive 
3000.05, serious imbalances and insufficient inter-
agency coordination remain. 
(3) The United States Government has not ef-
fectively or efficiently managed stabilization and re-
construction operations during recent decades. 
(4) Based on trends, the United States will 
likely continue to find its involvement necessary in 
stabilization and reconstruction operations in foreign 
countries in the wake of violence or cataclysmic dis-
aster. 
(5) The United States has not adequately 
learned the lessons of its recent experiences in sta-
bilization and reconstruction operations, and despite 
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efforts to improve its performance is not yet orga-
nized institutionally to respond appropriately to the 
need to perform stabilization and reconstruction op-
erations in foreign countries. 
(6) The failure to learn the lessons of past sta-
bilization and reconstruction operations will lead to 
further inefficiencies, resulting in greater human 
and financial costs. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) advance the national interest of the United 
States by providing an effective means to plan for 
and execute stabilization and reconstruction oper-
ations 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 dedi-
cated to stabilization and reconstruction operations; 
(4) maximize the efficient use of resources, 
which may lead to budget savings, eliminated redun-
dancy in functions, and improvement in the manage-
ment of stabilization and reconstruction operations; 
and 
(5) establish an entity to plan for stabilization 
and reconstruction operations and, when directed by 
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the President, coordinate and execute such oper-
ations, eventually returning responsibility for such 
operations to other agencies of the United States 
Government as the situation becomes normalized. 
SEC. 4. CONSTRUCTION; SEVERABILITY. 
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
imum effect permitted by law, unless such holding shall 
be one of utter invalidity or unenforceability, in which 
event such provision shall be deemed severable from this 
Act and shall not affect the remainder thereof, or the ap-
plication of such provision to other persons not similarly 
situated or to other, dissimilar circumstances. 
SEC. 5. EFFECTIVE DATE. 
This Act shall take effect on the date that is 60 days 
after the date of the enactment of this Act. 
TITLE I—UNITED STATES OF-
FICE FOR CONTINGENCY OP-
ERATIONS: ESTABLISHMENT, 
FUNCTIONS, AND PERSONNEL 
SEC. 101. ESTABLISHMENT OF THE UNITED STATES OFFICE 
FOR CONTINGENCY OPERATIONS. 
There is established as an independent entity the 
United States Office for Contingency Operations, which 
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shall report to the Department of State and the Depart-
ment of Defense. 
SEC. 102. TRANSFER OF AUTHORITIES, FUNCTIONS, PER-
SONNEL, AND ASSETS TO THE OFFICE. 
(a) FUNCTIONS TRANSFERRED.—Not later than 90 
days after the date of the enactment of this Act, there 
shall be transferred to the Office the functions, personnel, 
assets, and liabilities of— 
(1) the Office of the Coordinator for Recon-
struction and Stabilization of the Department of 
State, including the Civilian Response Corps; and 
(2) the Office of Transition Initiatives of the 
United States Agency for International Develop-
ment. 
(b) FUNCTIONS TRANSFERRED, IN WHOLE OR IN 
PART.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, in addi-
tion to the functions, personnel, assets, and liabil-
ities transferred under subsection (a), there shall be 
transferred, in whole or in part, to the Office, under 
such conditions as the Director, the Director of the 
Office of Management and Budget, and the Director 
of the Office of Personnel Management jointly pre-
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scribe, the functions, personnel, assets, and liabilities 
of the following: 
(A) Civilian organizational entities within 
the Department of Defense identified by the 
Secretary of Defense as— 
(i) established to implement Depart-
ment of Defense Instruction 3000.05, re-
lating to stability operations; and 
(ii) not essential for combat oper-
ations. 
(B) The Bureau of International Narcotics 
and Law Enforcement Affairs of the Depart-
ment of State. 
(C) The Office of Foreign Disaster Assist-
ance of the United States Agency for Inter-
national Development. 
(D) The Office of Conflict Mitigation and 
Management of the United States Agency for 
International Development. 
(E) The International Criminal Investiga-
tive Training Assistance Program of the De-
partment of Justice. 
(F) The Department of the Treasury’s 
program to provide technical assistance to for-
eign governments and foreign central banks of 
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developing or transitional countries authorized 
under section 129 of the Foreign Assistance 
Act of 1961 and the Office of Technical Assist-
ance of the Department of the Treasury that 
manages such program. 
(G) The Contingency Acquisition Corps of 
the General Services Administration established 
pursuant to section 2312 of title 41, United 
States Code. 
(2) REPORTS.— 
(A) BEFORE THE TRANSFER.—The Direc-
tor, the Director of the Office of Management 
and Budget, or the Director of the Office of 
Personnel Management, as appropriate, shall, 
not later than 60 days before carrying out a 
transfer in accordance with paragraph (1), sub-
mit to the appropriate congressional committees 
a report on the transfer. 
(B) AFTER THE TRANSFER.—The Director 
shall submit to the appropriate congressional 
committees a report on the military and non- 
military resources, capabilities, and functions 
related to contingency operations of the entities 
and agencies transferred pursuant to paragraph 
(1). If any capabilities or functions of such enti-
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subparagraphs (A) and (B), respectively, of para-
graph (1), the Director, the Director of the Office of 
Management and Budget, or the Director of the Of-
fice of Personnel Management, as appropriate, shall, 
not later than 60 days before carrying out any such 
transfer or restructuring, submit to the appropriate 
congressional committees a report on such transfer 
or restructuring. 
SEC. 103. RESPONSIBILITIES OF THE DIRECTOR, DEPUTY 
DIRECTOR, 
INSPECTOR 
GENERAL, 
AND 
OTHER OFFICES. 
(a) DIRECTOR.— 
(1) IN GENERAL.—The Office shall be headed 
by a Director, who shall be— 
(A) appointed by the President, by and 
with the advice and consent of the Senate; and 
(B) compensated at the rate of basic pay 
for level II of the Executive Schedule under sec-
tion 5313 of title 5, United States Code. 
(2) SUPERVISION.— 
(A) IN GENERAL.—The Director shall re-
port directly to, and be under the general su-
pervision of, the Secretary of State and the Sec-
retary of Defense. Such supervision may not be 
delegated. 
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(B) INFORMATION SHARING.—The Direc-
tor shall keep the National Security Advisor 
fully and continually informed of the activities 
of the Office. 
(3) FUNCTIONS.—The functions of the Director 
shall include the following: 
(A) Monitoring, in coordination with rel-
evant offices and bureaus of the Department of 
Defense, the Department of State, and the 
United States Agency for International Devel-
opment, political and economic instability 
worldwide in order to anticipate the need for 
mobilizing United States and international as-
sistance for the stabilization and reconstruction 
of a country or region that is at risk of, in, or 
in transition from, conflict or civil strife. 
(B) 
Assessing 
the 
various 
types 
of 
strabilization and reconstruction crises that 
could occur and cataloging and monitoring the 
military and non-military resources, capabilities, 
and functions of agencies that are available to 
address such crises. 
(C) Planning to address requirements, 
such as demobilization, disarmament, capacity 
building, rebuilding of civil society, policing and 
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security sector reform, and monitoring and 
strengthening respect for human rights that 
commonly arise in stabilization and reconstruc-
tion crises. 
(D) Developing, in coordination with all 
relevant agencies, contingency plans and proce-
dures to mobilize and deploy civilian and mili-
tary personnel to conduct stabilization and re-
construction operations. 
(E) Coordinating with counterparts in for-
eign governments and international and non-
governmental organizations on stabilization and 
reconstruction operations to improve effective-
ness and avoid duplication. 
(F) Building the operational readiness of 
the Civilian Response Corps and strengthening 
personnel requirements to enhance its essential 
interagency quality. 
(G) Aiding the President, as the President 
may request, in preparing such rules and regu-
lations as the President prescribes, for the plan-
ning, coordination, and execution of stabiliza-
tion and reconstruction operations. 
(H) Advising the Secretary of State and 
the Secretary of Defense, as the Secretary of 
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State or the Secretary of Defense may request, 
on any matters pertaining to the planning, co-
ordination, and execution of stabilization and 
reconstruction operations. 
(I) Planning and conducting, in coopera-
tion with the Secretary of State, the Adminis-
trator of the United States Agency for Inter-
national Development, the Secretary of De-
fense, and commanders of unified combatant 
commands or specified combatant commands, a 
series of exercises to test and evaluate doctrine 
relating to stabilization and reconstruction op-
erations and procedures to be used in such op-
erations. 
(J) Executing, administering, and enforc-
ing laws, rules, and regulations relating to the 
preparation, coordination, and execution of sta-
bilization and reconstruction operations. 
(K) Administering such funds as may be 
appropriated or otherwise made available for 
the preparation, coordination and execution of 
stabilization and reconstruction operations. 
(L) Planning for the use of contractors 
who will be involved in stabilization and recon-
struction operations, including coordinating 
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with the Secretary of State and the Secretary 
of Defense to ensure coordination of the work 
of such contractors with the work of contractors 
supporting— 
(i) the Secretary of State; and 
(ii) military operations and members 
of the Armed Forces. 
(M) Prescribing standards and policies for 
project and financial reporting for all agencies 
involved in stabilization and reconstruction op-
erations under the direction of the Office to en-
sure that all activities undertaken by such agen-
cies are appropriately tracked and accounted 
for. 
(N) Establishing an interagency training, 
preparation, and evaluation framework for all 
personnel deployed, or who may be deployed, in 
support of stabilization and reconstruction oper-
ations. 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. 
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(4) RESPONSIBILITIES OF DIRECTOR FOR MONI-
TORING AND EVALUATION REQUIREMENTS.— 
(A) EVALUATIONS.—The Director shall 
plan and conduct evaluations of the impact of 
stabilization and reconstruction operations car-
ried out by the Office. 
(B) REPORTS.— 
(i) IN GENERAL.—Not later than 30 
days after the end of each fiscal-year quar-
ter, the Director shall submit to the appro-
priate congressional committees a report 
summarizing all stabilization and recon-
struction operations that are taking place 
under the supervision of the Director dur-
ing 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 reve-
nues associated with such stabilization and 
reconstruction operations, including the 
following: 
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(I) Obligations and expenditures 
of appropriated funds. 
(II) A project-by-project and pro-
gram-by-program accounting of the 
costs incurred to date for the sta-
bilization and reconstruction operation 
that are taking place, together with 
the estimate of any department or 
agency that is undertaking a project 
in or for the stabilization and recon-
struction of such country, as applica-
ble, of the costs to complete each 
project and each program. 
(III) Revenues attributable to or 
consisting of funds provided by for-
eign countries or international organi-
zations, and any obligations or ex-
penditures of such revenues. 
(IV) Revenues attributable to or 
consisting of foreign assets seized or 
frozen, and any obligations or expend-
itures of such revenues. 
(V) An analysis on the impact of 
stabilization and reconstruction oper-
ations overseen by the Office, includ-
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