Stabilization and Reconstruction Integration Act of 2013 - Establishes as an independent entity the United States Office for Contingency Operations (Office), which shall report to the Department of Defense (DOD) and the State Department.
Requires the Director of such Office, among other duties, to: (1) monitor political and economic instability worldwide in order to anticipate the need for mobilizing U.S. and international assistance for the stabilization and reconstruction of a foreign country or region that is at risk of, in, or in transition from, conflict or civil strife; (2) develop contingency plans and procedures to mobilize and deploy civilian and military personnel to conduct appropriate foreign stabilization and reconstruction operations (operations); (3) aid the President in preparing rules and regulations relating to the planning, coordination, and execution of such operations; and (4) evaluate, and report to Congress on, the impact of such operations.
Authorizes the President: (1) upon finding that circumstances and U.S. security interests so require, to declare that a stabilization and reconstruction emergency exists and to determine the geographic extent and the date of commencement of such emergency; and (2) to terminate such declaration upon determining that such emergency no longer exists.
Gives the Director sole control over such operations conducted during a stabilization and reconstruction emergency. Requires the Director to: (1) coordinate with the Secretary of Defense and commanders of unified and specified combatant commands regarding Office plans or activities for operations, and (2) prescribe a Stabilization Federal Acquisition Regulation. Establishes the Stabilization and Reconstruction Fund.
Expresses the sense of Congress that the Director and Office staff should partner with the country in which an operation is taking place, other foreign government partners, international organizations, and local nongovernmental organizations throughout the planning, implementation, and the transition stages of such operations in order to facilitate long term capacity building and sustainability of initiatives.
Sets forth the duties of the Inspector General of the Office, including special audit and investigative authority and reporting requirements. Provides information coordination responsibilities of other federal agencies with respect to Office monitoring and evaluation requirements.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2606 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2606
To establish the United States Office for Contingency Operations, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2013
Mr. Stockman 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.
Be it enacted by the Senate and House of Representatives 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 ``Stabilization and
Reconstruction Integration Act of 2013''.
(b) Table of Contents.--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.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Appropriate congressional committees.--The 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) Director.--The term ``Director'' means the Director of
the United States Office for Contingency Operations.
(3) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(4) Imminent stabilization and reconstruction operation.--
The 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) Intelligence community.--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) 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, except that such term does
not include members of the Armed Forces.
(8) Stabilization and reconstruction emergency.--The 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 operation.--The 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) Covered contract.--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) United states.--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.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--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) Purposes.--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.
SEC. 4. 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 OFFICE FOR CONTINGENCY OPERATIONS
SEC. 101. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR CONTINGENCY
OPERATIONS.
There is established as an independent entity in the executive
branch the United States Office for Contingency Operations.
SEC. 102. 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 section 5313 of
title 5, United States Code.
(2) Supervision.--
(A) In general.--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.
(B) Policy oversight.--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.
(3) Functions.--The functions of the Director shall include
the following:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(E) Coordinating with counterparts in foreign
governments and international and nongovernmental
organizations on stabilization and reconstruction
operations to improve effectiveness and avoid
duplication.
(F) 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.
(G) 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.
(H) 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.
(I) Executing, administering, and enforcing laws,
rules, and regulations relating to the preparation,
coordination, and execution of stabilization and
reconstruction operations.
(J) Administering such funds as may be appropriated
or otherwise made available for the preparation,
coordination, and execution of stabilization and
reconstruction operations.
(K) Planning for the use of contractors who will be
involved in stabilization and reconstruction
operations.
(L) 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.
(M) 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.
(4) Responsibilities of director for assessment, monitoring
and evaluation requirements.--
(A) Assessment.--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.
(B) Monitoring.--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.
(C) Evaluations.--The Director shall plan and
conduct evaluations of the impact of stabilization and
reconstruction operations carried out by the Office.
(D) Funding.--The Director shall have the authority
to direct up to five percent of the amount of program
expenditures for assessment, monitoring, and evaluation
purposes.
(E) Reports.--
(i) In general.--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:
(I) Obligations and expenditures of
appropriated funds.
(II) 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.
(III) Revenues attributable to or
consisting of funds provided by foreign
countries or international
organizations, and any obligations or
expenditures of such revenues.
(IV) Revenues attributable to or
consisting of foreign assets seized or
frozen, and any obligations or
expenditures of such revenues.
(V) 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.
(ii) Form.--Each report under this
subparagraph may include a classified annex if
the Director determines such is appropriate.
(iii) Rule of construction.--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.
(b) Deputy Director.--
(1) In general.--There shall be within the Office a Deputy
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
III of the Executive Schedule under section 5314 of
title 5, United States Code.
(2) Functions.--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.
(c) Functions of the President.--
(1) Declaration.--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.
(2) Termination.--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.
(3) Publication in federal register.--Declarations under
this subsection shall be published in the Federal Register.
(d) Authorities of Office Following Presidential Declaration.--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.
SEC. 103. PERSONNEL SYSTEM.
(a) Personnel.--
(1) In general.--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 section 3161 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.
(2) Subdivisions of office; delegation of functions.--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.
(3) Reemployment authorities.--The provisions of section
9902(g) of title 5, United States Code, shall apply with
respect to the Office. For purposes of the preceding sentence,
such provisions shall be applied--
(A) by substituting ``the United States Office for
Contingency Operations'' for ``the Department of
Defense'' each place it appears;
(B) in paragraph (2)(A), by substituting ``the
Stabilization and Reconstruction Integration Act of
2013'' for ``the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136)''; and
(C) in paragraph (4), by substituting ``the
Director of the United States Office for Contingency
Operations'' for ``the Secretary''.
(b) Interim Officers.--
(1) In general.--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.
(2) Compensation.--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.
(c) Contracting Services.--
(1) In general.--The Director may obtain services of
experts and consultants as authorized by section 3109 of title
5, United States Code.
(2) Assistance.--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.
(d) Incentivizing Expertise in Personnel Tasked for Stabilization
and Reconstruction Operations.--
(1) Study.--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.
(2) Veterans preference.--The Office shall apply
preferences to promote the employment of veterans and the use
of veteran-owned businesses.
(3) Sense of congress.--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.
TITLE II--PREPARING AND EXECUTING STABILITY AND RECONSTRUCTION
OPERATIONS
SEC. 201. SOLE CONTROL.
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.
SEC. 202. RELATION TO DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) Coordination.--
(1) In general.--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.
(2) In-country.--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.
(b) Detailing.--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.
SEC. 203. RELATION TO DEPARTMENT OF DEFENSE COMBATANT COMMANDS
PERFORMING MILITARY MISSIONS.
(a) Coordination With Secretary of Defense and Combatant
Commands.--The Director shall coordinate with the Secretary of Defense
and commanders of unified and specified combatant commands established
under section 161 of title 10, United States Code, regarding the plans
or activities of the Office for stabilization and reconstruction
operations.
(b) Staff Coordination.--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--
(1) complement the work of military planners; and
(2) 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.
(c) Limitations.--
(1) Director.--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.
(2) Military order.--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.
(d) Support.--
(1) Assistance required.--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.
(2) Personnel.--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.
SEC. 204. STABILIZATION FEDERAL ACQUISITION REGULATION.
(a) In General.--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.
(b) Preference to Certain Contracts.--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.
(c) Deadline.--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.
SEC. 205. STABILIZATION AND RECONSTRUCTION FUND.
(a) In General.--There is established in the Treasury of the United
States a fund, to be known as the ``Stabilization and Reconstruction
Emergency Reserve Fund'', 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--
(1) to prepare for an imminent stabilization and
reconstruction operation;
(2) for the conduct of a stabilization and reconstruction
operation;
(3) for the operations of the Office as such operations
relate to paragraphs (1) and (2); and
(4) for any other purpose which the Director considers
essential with respect to such paragraphs.
(b) Congressional Notification.--
(1) Presidential direction.--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.
(2) Activities in a country.--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.
(c) Authorization of Appropriations.--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--
(1) shall be available until expended;
(2) shall not be made available for obligation or
expenditure until the President declares a stabilization and
reconstruction emergency pursuant to section 102; and
(3) shall be in addition to any other funds made available
for such purposes.
SEC. 206. SENSE OF CONGRESS.
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.
TITLE III--RESPONSIBILITIES OF THE INSPECTOR GENERAL
SEC. 301. INSPECTOR GENERAL.
(a) In General.--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 ``Inspector General''), who shall be appointed as
provided in section 3(a) of the Inspector General Act of 1978 (5 U.S.C.
App.).
(b) Technical Amendments and Additional Authorities.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 8J, by striking ``8E or 8F'' and inserting
``8E, 8F, or 8N'';
(2) in section 8L(c), by adding at the end the following
new paragraph:
``(4) The Inspector General of the United States Office for
Contingency Operations.'';
(3) by inserting after section 8M the following new
section:
``SEC. 8N. SPECIAL PROVISIONS CONCERNING THE INSPECTOR GENERAL OF THE
UNITED STATES OFFICE FOR CONTINGENCY OPERATIONS.
``(a) Special Audit and Investigative Authority.--
``(1) In general.--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.
``(2) Administrative operations.--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.
``(b) Additional Duties.--
``(1) In general.--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--
``(A) the oversight and accounting of the
obligation and expenditure of such funds;
``(B) the monitoring and review of activities
funded by such funds;
``(C) the monitoring and review of contracts funded
by such funds;
``(D) 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
``(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such funds.
``(2) Systems, procedures, and controls.--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).
``(c) Personnel Authority.--
``(1) In general.--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.
``(2) Employment authority.--The Inspector General of the
United States Office for Contingency Operations may exercise
the authorities of subsections (b) through (i) of section 3161
of title 5, United States Code (without regard to subsection
(a) of such section). In exercising the employment authorities
under subsection (b) of section 3161 of title 5, United States
Code, paragraph (2) of such subsection (b) (relating to periods
of appointments) shall not apply.
``(3) Exemption.--Section 6(a)(7) shall not apply with
respect to the Inspector General of the United States Office
for Contingency Operations.
``(4) Reports.--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).
``(5) Form of submission.--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.
``(6) Disclosure of certain information.--Nothing in this
subsection shall be construed to authorize the public
disclosure of information that is--
``(A) specifically prohibited from disclosure by
any other provision of law;
``(B) 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
``(C) a part of an ongoing criminal
investigation.''; and
(4) in section 12--
(A) in paragraph (1), by inserting ``, or the
United States Office for Contingency Operations'' after
``the Director of the Federal Housing Finance Agency'';
and
(B) in paragraph (2), by inserting ``the United
States Office for Contingency Operations,'' after ``the
Federal Housing Finance Agency,''.
TITLE IV--RESPONSIBILITIES OF OTHER AGENCIES
SEC. 401. RESPONSIBILITIES OF OTHER FEDERAL AGENCIES FOR MONITORING AND
EVALUATION REQUIREMENTS.
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--
(1) 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;
(2) 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
(3) 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.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
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--
(1) authorized to remain available until expended; and
(2) shall be in addition to amounts available in the
Stabilization and Reconstruction Fund under section 205.
SEC. 502. OFFSET.
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--
(1) 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;
(2) 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
(3) 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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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