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.
Title II — Preparing and Executing Stability and Reconstruction Operations
II Preparing and Executing Stability and Reconstruction Operations
Sec. 202 Relation to Department of State and United States Agency for International Development
Coordination—
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.
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.
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
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.
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—
complement the work of military planners; and
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.
Limitations—
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.
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.
Support—
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.
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
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.
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.
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
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—
to prepare for an imminent stabilization and reconstruction operation;
for the conduct of a stabilization and reconstruction operation;
for the operations of the Office as such operations relate to paragraphs (1) and (2); and
for any other purpose which the Director considers essential with respect to such paragraphs.
Congressional notification—
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.
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.
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—
shall be available until expended;
shall not be made available for obligation or expenditure until the President declares a stabilization and reconstruction emergency pursuant to section 102; and
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.