[Senate Report 110-50]
[From the U.S. Government Publishing Office]
Calendar No. 112
110th Congress Report
SENATE
1st Session 110-50
======================================================================
RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT ACT OF 2007
_______
April 10, 2007.--Ordered to be printed
_______
Mr. Biden, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 613]
The Committee on Foreign Relations, having had under
consideration a bill to enhance the overseas stabilization and
reconstruction capabilities of the United States Government,
and for other purposes, reports favorably thereon and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................2
III. Committee Action.................................................4
IV. Section-By-Section Analysis......................................4
V. Cost Estimate....................................................8
VI. Evaluation of Regulatory Impact.................................12
VII. Changes in Existing Law.........................................12
I. Purpose
The Reconstruction and Stabilization Civilian Management
Act of 2007 is designed to strengthen the U.S. government's
civilian capacity to respond quickly and effectively to complex
emergencies overseas. It authorizes the creation of a Response
Readiness Corps to address post-conflict situations and other
emergencies overseas where civilians may be needed to work
alongside the U.S. military to provide expertise on such issues
as the reconstitution of political and judicial structures,
rule of law and law enforcement, and economic and agricultural
development. It gives statutory standing to the U.S. State
Department Office of the Coordinator for Reconstruction and
Stabilization and makes the appointment of the Coordinator
subject to the advice and consent of the Senate. It authorizes
the establishment of a federal response capability with active
duty and standby components, as well as a civilian reserve that
draws upon the talent and willingness of private citizens to
deploy overseas. It also provides for education and training
for all three components of the Corps. It authorizes
appropriations for the Office of the Coordinator for
Reconstruction and Stabilization to establish, support and
maintain the Response Readiness Reserve, and for the creation
of an emergency response fund to be made available following a
Presidential determination that it is in the national interest
to assist a country that is in, or transitioning from, conflict
or civil strife.
II. Background
Since the end of the Cold War, the United States has
undertaken several post-conflict stabilization and
reconstruction operations that have been important to the
national security interests of the United States. Current
operations in Iraq are the sixth major post-conflict effort
that the U.S. has mounted in 12 years. In the Balkans, Africa,
the Caribbean, Afghanistan, and Iraq, the U.S. government has
cobbled together plans, people and resources in an ad hoc
fashion, usually with the Defense Department in the lead.
Subsequent to U.S. military operations in Iraq and Afghanistan,
and cognizant of the difficulties of the ongoing transitions in
those two nations, the committee recognized the need for
structural change, accomplished through legislation, within the
U.S. government to better plan and carry out the civilian
component of stabilization and reconstruction missions.
The committee first reported legislation on this issue in
the 108th Congress. The committee unanimously adopted S. 2127
on March 18, 2004 and continued to work with the executive
branch to pursue the objectives of the legislation. In the
109th Congress, the full Senate on May 26, 2006 adopted
unanimously S. 3322, a committee-reported bill that reflected
ongoing legislative-executive branch discussions on the issue.
S. 3322 was sent to the House and referred to the House
International Relations Committee, where it was never
considered. This bill, S. 613, is an updated version of S. 3322
and reflects continued discussions between the two branches on
the most effective way to realize the intent of the
legislation.
The original legislation was developed in close
consultation with experts from inside and outside government.
At the invitation of the Chairman and Ranking Member, a Policy
Advisory Group convened, first in December 2003, to provide
advice on how best to improve the U.S. response to such
emergencies. The advisory group held a series of discussions in
which committee members, group participants, and invited
experts spoke frankly about their ideas to improve U.S.
readiness and responsiveness to emergencies overseas. The group
focused specifically on the response of civilian agencies and
their coordination with Department of Defense and other agency
efforts.
The committee has been further informed by hearings and
briefings that considered testimony and the insights of
administration officials, policy experts, and representatives
of non-governmental and international organizations. The unique
challenges the United States is facing in Afghanistan and Iraq
have provided a continuous backdrop and given a sense of
increasing urgency to the committee's work. Many committee
members have traveled to Afghanistan and Iraq, reinforcing
committee views and providing timely, first-hand knowledge of
the complexity and difficulties of stabilizing a country in the
immediate aftermath of war.
Based on these extensive inquiries, the committee has
concluded that the U.S. foreign affairs agencies (the
Department of State and USAID) and other civilian agencies,
including the Departments of the Treasury, Agriculture, Health
and Human Services, Justice, and Commerce, have been able to
contribute to stabilization and reconstruction operations in
conflict and post-conflict environments. However, they have
lacked the necessary resources, contingency planning and the
organizational structure to undertake the full range of
required activities in a timely fashion.
This bill is designed to improve the operation of the
foreign affairs agencies so that they are better organized to
plan, coordinate and execute overseas crisis response in
cooperation with other relevant civilian agencies of the
government, and with the military, if required. The committee
envisions the Secretary of State leading the organizational
effort, in full consultation with the Administrator of the U.S.
Agency for International Development, an agency whose technical
skills, operational experience, and knowledgeable personnel are
invaluable both in Washington and in the field.
The committee intends that the bill will enable the U.S.
government to identify and have at the ready contingency plans
to fill gaps that are often present in various types of
reconstruction and stabilization emergencies. Restoring and
maintaining public order during and in the aftermath of
conflict is one such example. While military police and civil
affairs units can serve in emergency situations, there is a
need for a standing civilian capability to promptly undertake
the restoration of rule of law and judicial functions,
including the reconstruction of frail or weak constabulary,
police, courts and corrections systems. Whether drawing on
international capacity or relying on U.S. capacity alone, plans
should be in place to meet this and other recurring needs that
experience tells us will be necessary.
This bill recognizes that the international community can
play a vital role in this effort. One important function of the
State Department Office of the Coordinator created by the bill
is to develop a clear vision of the comparative advantages, the
objectives and strategies, and the corresponding capabilities
of all possible international contributors to stabilization and
reconstruction missions. The committee recognizes the specific
skills and essential expertise that the United Nations and its
specialized agencies, as well as non-governmental
organizations, and other individual nations can bring to
conflict and post-conflict situations, including humanitarian
response, support for rule of law efforts, reconstitution of
government, and reconstruction of infrastructure and delivery
of public services. The committee recommends that the United
States make every effort to improve international capabilities,
and particularly urges NATO and its member states to develop
increased capacity. This investment should pay off in enhanced
interoperability, increased burden-sharing, and a more rapid
reaction time.
III. Committee Action
At a business meeting on March 28, 2007, the committee
considered S. 613. No amendments were offered. The committee
ordered the bill favorably reported by voice vote.
IV. Section-By-Section Analysis
Section 1. Short Title.
This section designates the short title of the bill.
Section 2. Findings, Purpose.
This section lists findings that explain the need for
legislation and the purpose of such legislation.
Section 3. Definitions.
This section provides definitions of certain terms in the
bill.
Section 4. Sense of Congress.
This section states the sense of Congress that there are
multiple ways to improve stabilization and reconstruction
capacity; specifically:
1. Strengthening the civilian elements with which the
U.S. Government responds to stabilization and
reconstruction crises overseas;
2. Establishing a new system of planning,
organization, personnel policies, education and
training, and provision of adequate resources;
3. Encouraging the international community, non-
governmental organizations, the United Nations and its
specialized agencies to participate;
4. Continuing to support ongoing executive branch
efforts to pursue the objectives outlined in the
legislation;
5. Establishing a personnel exchange program between
the Departments of State and Defense, and other
agencies, to enhance the stabilization and
reconstruction skills of military and civilian
personnel and their ability to undertake joint
operations. Personnel exchanges should include
exchanges to regional and specialized commands, as well
as joint and service schools to ensure a broader base
of interaction between agencies;
6. Urging other civilian agencies to establish
similar exchange programs.
Section 5. Authority to Provide Assistance for Stabilization and
Reconstruction Crises.
This section provides the President with the authority,
after consultations with Congress, to determine that it is in
the national interest to provide assistance to a country that
is in, or transitioning from, conflict or civil strife, and to
provide such assistance from the $75 million emergency fund
authorized in this section, as well as from commodities and
services from the inventory of federal agencies. This section
is similar to current authorities that are used to respond to
refugee and migration crises, but has been made subject to
certain conditions required by Section 614 of the Foreign
Assistance Act, an extraordinary authority that is used
sparingly and only after extensive consultations with Congress.
The committee intends that this authority be exercised in the
same manner as Section 614. The provision authorizes the annual
replenishment of the emergency fund without fiscal year
limitations.
This section allows $25 million of the funds available
under the section to be used immediately to jump start the
development, training, and operations of the Response Readiness
Corps.
U.S. funding mechanisms for post-conflict operations can
lack flexibility and effective mechanisms for emergency
contracting and procurement. The funds in this section are
intended to provide a quick start on such time-sensitive
activities as the restoration of public order, political and
civic reorganization, humanitarian aid, infrastructure repair
and the re-establishment of basic services, among other
emergency needs.
Section 6. Office of International Stabilization and Reconstruction.
This section gives statutory standing to the Office of the
Coordinator for Reconstruction and Stabilization at the State
Department and requires that the Coordinator be appointed by
the President with the advice and consent of the Senate. The
Coordinator will report directly to the Secretary and have the
rank of ``Ambassador-at-Large.'' It also states that the
President may designate either the Coordinator or another
individual to take the lead in particular crises.
This section outlines the functions of the Office of the
Coordinator in both non-emergency and emergency situations. The
committee expects the Office to work in coordination with
relevant bureaus within the State Department, USAID and other
relevant organizations. Specifically, the committee encourages
the naming of a USAID official as the Deputy Coordinator. In
monitoring for potential crises, the Office should draw on
current intelligence, data collection and monitoring efforts
already underway in executive branch agencies. In its planning,
the Office should also draw on expertise developed at USAID as
part of its disaster assistance response function. The Office
also should have the capacity to send assessment teams on very
short notice into crisis situations and should be able to send
civilians as part of joint civilian/military teams to help
manage the early stages of such crises.
The committee intends for the Coordinator to plan for and,
when chosen by the President, be able to oversee the
implementation of activities in a crisis. This legislation is
not intended to limit the prerogatives of the President by pre-
determining either the agency to lead the effort, or the
individual to be placed in charge.
Section 7. Response Readiness Corps.
This section authorizes the Secretary of State, in
coordination with the USAID Administrator and heads of other
appropriate departments and agencies, to establish a Response
Readiness Corps. The legislation authorizes the establishment
of both federal and non-federal components of the Corps. The
federal component has both active duty and stand-by units and
the non-federal component is a civilian reserve that draws upon
the talent and willingness of private citizens to deploy
overseas:
The provision authorizes an active duty unit of not
more than 250 personnel who are recruited, trained and
employed specifically to contribute to reconstruction
and stabilization missions. The unit would be made up
of a mix of State Department and USAID full-time
employees, trained to work with the U.S. military if
necessary, and on call to deploy wherever and whenever
they might be needed. Their areas of expertise would
include, but not be limited to, public information and
communications, rule of law, governance and civil
administration, security and public order, health and
education, and construction and engineering. They would
also have a range of regional expertise and language
skills. When not deployed on stabilization and
reconstruction missions, members of the active duty
unit would be available to work in Department
headquarters in Washington DC, or in embassies and
USAID missions to meet requirements as requested by
ambassadors or USAID mission directors.
The provision also authorizes a 2,000-person standby
unit drawn from both State and USAID, including from
the some 10,000 locally hired nationals who work in
embassies overseas, as well as from other federal
agencies that have employees with necessary skill sets
and are willing to volunteer for overseas service.
The provision requires that the civilian reserve,
drawn from volunteers in the private sector, must have
at least 500 highly skilled persons recruited within a
year of passage of the legislation. Non-federal
employees could be drawn from the ranks of retired
Foreign Service officers, former Peace Corps
volunteers, and retired military, as well as state and
local governments. Such examples are intended to be
illustrative rather than exclusionary, as skills and
willingness to serve are spread widely among the
American people.
The committee envisions the establishment of the Corps as a
joint endeavor by the State Department and USAID and intends
that the current Policy Council, co-chaired by the Deputy
Secretary and the USAID Administrator, would provide the
collaborative venue within which the required coordination and
integration can take place in a way in which both agencies can
be strengthened to carry out stabilization and reconstruction
missions. The committee would like to see within the
Washington, D.C. headquarters some of the same operational
collaboration and mutual sense of purpose and priorities that
Members have witnessed between the two agencies in the field.
The section also creates employment authorities and
establishes a reporting requirement regarding the establishment
of the Corps. The committee encourages the Secretary to develop
proposals to provide pay and benefit incentives to members of
the Corps, as well as recommend any legislation that may be
necessary to provide job protections to such members when they
are called to service under the authority of this Act.
Section 8. Stabilization and Reconstruction Training and Education.
This section gives the Secretary of State, in cooperation
with the Secretary of Defense and the Secretary of the Army,
the authority to develop and establish new training curricula
in stabilization and reconstruction for use in programs
administered by the Foreign Service Institute, the National
Defense University, and the Stabilization and Peacekeeping
Institute at the Army War College. The committee also
recognizes the excellent training programs at the Naval Post
Graduate School and the U.S. Institute for Peace and encourages
that they be included in the development of a comprehensive
training program.
Training of civilian government personnel to assist in
post-conflict operations has been uneven. Some training
opportunities already exist, but it is still the case that the
U.S. government is routinely deploying civilians to
stabilization and reconstruction operations with little or no
specialized training for the post-conflict environment. Even
when U.S. personnel receive solid training in their particular
skill area, they rarely have had an opportunity to train with
their counterparts in other U.S. agencies. This is an important
gap to fill.
Therefore, the objective of the training curricula required
by this section is to prepare participants from the different
civilian agencies for the tasks at every phase--from
contingency planning, to working with the military if
necessary, to the full spectrum of stabilization and
reconstruction tasks. Effective war-gaming and scenario
training should be part of the course curricula and should
prepare participants to work on inter-agency teams in crisis
environments. Joint training of civilian and military teams is
supported by the committee and the foreign affairs civilian
agencies are strongly encouraged to participate in training
offered by the Department of Defense or the regional commands.
This section also cites illustrative contents of a training
curriculum. One particular committee interest is in the area of
``lessons learned.'' The Department of Defense has a ``lessons
learned'' or ``After Action Review'' process that could serve
as a guide to establishing the same capacity within the State
Department and USAID and could also be a key component of
preparation for future actions. Training in conflict resolution
is also needed. Post-conflict situations are dynamic and
difficult in the best of circumstances and personnel should be
trained with essential conflict and dispute resolution
techniques.
Training should be available for all members of the
Response Readiness Corps, including the active duty and standby
units of the federal component and the civilian reserve made up
of private citizens.
Section 9. Service Related to Stabilization and Reconstruction.
This section is designed to encourage service in
stabilization and reconstruction activities overseas, which may
fall outside the normal career path of Foreign Service officers
and USAID employees. It designates that service or assignment
in these areas should be considered among the favorable factors
for promotion of employees of Executive agencies. In terms of
training and promotion, this section describes steps that the
Secretary of State and USAID Administrator should take to
ensure employees are properly trained and identified for
deployment in support of the Corps. This training should also
be provided to Ambassadors and Deputy Chiefs of Mission.
The U.S. Government should place a high premium on
developing competency in the skills necessary to anticipate and
address crises. Critical to the establishment of an effective
cadre of people with special skills, experience, interest, and
commitment needed for such challenging missions is the
appropriate recognition of such service as professionally
rewarding. The environment in which civil servants, Foreign
Service officers, and others perform and advance must be
flexible enough to allow for success for personnel who follow
less traditional career paths and who may not reach executive
management positions because of the unpredictable nature of
their deployments. Incentives within all agencies must
recognize the value of personnel committed to these challenging
tasks. This section authorizes the creation of appropriate
incentives and benefits to recognize and reward participants.
Section 10. Authorities Related to Personnel.
This section provides contracting authority and
reimbursement procedures for personnel, outlines procedures for
hiring experts and consultants, and grants certain authorities
to accept and assign details from other executive agencies,
members of the uniformed services and employees of State and
local governments. The section also provides certain waiver
authorities for dual compensation prohibitions for federal
retirees. The Secretary may extend benefits to any individual
deployed under this Act as provided in the Foreign Service Act
just as they are applicable to members of the Foreign Service.
This section also authorizes compensatory time off for
individuals assigned, detailed or deployed to carry out
stabilization and reconstruction activities under this Act,
subject to the consent of the employee. This section also
increases the premium pay cap for certain individuals. The
section authorizes the acceptance of volunteer services for
advisors, experts, consultants and persons performing services
in any other capacity determined appropriate by the Secretary
and directs the Secretary to supervise and make assurances
regarding volunteers. Finally, it provides that volunteers
under this section are not to be considered federal employees,
except with regard to certain provisions of federal law,
including conflict of interest requirements.
Section 11. Authorization of Appropriations.
This section authorizes appropriations of $80 million for
the recruitment of new personnel, education and training, and
equipment and travel necessary for carrying out the Act.
V. Cost Estimate
Pursuant to Rule XXVI, paragraph 11(a) of the Standing
Rules of the Senate, the following cost estimate has been
provided by the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
April 2, 2007.
S. 613
Reconstruction and Stabilization Civilian
Management Act of 2007
As ordered reported by the Senate Committee on Foreign Relations on
March 28, 2007.
SUMMARY
S. 613 would authorize the President to provide assistance
to stabilize and rebuild a country or region that is in, or
emerging from, conflict or civil strife. The bill would
establish an Office of Reconstruction and Stabilization within
the Department of State to provide civilian management of
stabilization and reconstruction efforts and would authorize
the appropriation of $80 million a year for personnel,
education and training, equipment, and travel costs. The bill
also would authorize the creation of a new emergency fund to be
used to respond to international crises and would authorize an
initial appropriation of $75 million in 2008 and such sums as
may be necessary each year to replenish the fund.
CBO estimates that S. 613 would increase spending subject
to appropriation by $85 million in 2008 and $629 million over
the 2008-2012 period, assuming appropriation of the specified
and estimated amounts. The bill also would allow the Secretary
of State to waive certain rules regarding reemployment of
federal annuitants; CBO estimates this provision would have no
significant effect on direct spending or receipts.
S. 613 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the resulting costs, if any, would be minimal and well below
the threshold established in that act ($66 million in 2007,
adjusted annually for inflation). This bill contains no new
private-sector mandates as defined in UMRA.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of S. 613 is shown in the
following table. The costs of this legislation fall within
budget function 150 (international affairs).
Changes in Spending Subject to Appropriation
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
Office of Reconstruction and Stabilization
Authorization Level.................................... 80 80 80 80 80
Estimated Outlays...................................... 68 77 78 78 78
Emergency Fund
Estimated Authorization Level.......................... 75 75 75 75 75
Estimated Outlays...................................... 17 43 55 65 70
Total Changes
Estimated Authorization Level.......................... 155 155 155 155 155
Estimated Outlays...................................... 85 120 133 143 148
----------------------------------------------------------------------------------------------------------------
a. Enacting S. 613 also could reduce direct spending, but CBO estimates that any such effects would be less than
$500,000 a year.
BASIS OF ESTIMATE
CBO estimates that implementing S. 613 would cost $85
million in 2008 and $629 million over the 2008-2012 period,
assuming appropriation of the estimated and specified amounts.
The bill also could affect both the pay and the retirement
annuities of rehired federal annuitants, but CBO estimates that
the bill would have no significant effect on direct spending or
receipts. For this estimate, CBO assumes that this legislation
will be enacted near the start of fiscal year 2008, that the
specified and estimated authorization amounts will be
appropriated near the start of each fiscal year, and that
outlays will follow historical spending patterns for similar
programs.
Spending Subject to Appropriation
S. 613 would authorize the President to provide assistance
to stabilize and rebuild a country or region that is in, or
emerging from, conflict or civil strife, through the Office of
Reconstruction and Stabilization within the Department of State
and a new emergency fund.
Office of Reconstruction and Stabilization. The Office of
Reconstruction and Stabilization was created in the State
Department in August 2004. Section 6 would codify the
establishment of that office and specify its responsibility to
monitor and assess international crises, to prepare contingency
plans for various types of crises, to identify and train
personnel with the necessary skills for stabilization and
reconstruction operations, and should the President decide it
is in the national interest, to coordinate the U.S. assistance
in stabilizing and reconstructing the affected country or
region.
Section 7 would authorize the establishment of a Response
Readiness Corps with an active component of up to 250 members
for deployment on short notice, plus a standby component of up
to 2,000 personnel. In addition, the bill would authorize a
civilian reserve of at least 500 nonfederal personnel to
support operations if needed. The corps and reserve personnel
would receive training on stabilization and reconstruction from
the Foreign Service Institute, the National Defense University,
and the United States Army War College. The bill would
authorize the appropriation of $80 million a year for
personnel, education and training, equipment, and travel costs.
CBO estimates that implementing those provisions would cost
about $70 million in 2008 and $380 million over the 2008-2012
period, assuming appropriation of the authorized amounts.
Emergency Fund. Section 5 would authorize the appropriation
of $75 million for an emergency stabilization and
reconstruction fund, of which up to $25 million could be used
for the costs of developing, training, and deploying the
Response Readiness Corps. For subsequent years, it would
provide permanent, indefinite authorization of such sums as may
be necessary to replenish funds expended. Considering the
number of regions in the world in conflict or recovering from
conflict and the magnitude of the appropriations for the
reconstruction of Iraq and Afghanistan (more than $30 billion
over the 2003-2006 period), reconstruction efforts could
require much larger funding levels than the amount authorized.
Accordingly, CBO expects that the emergency fund would be used
for an initial response to an international crisis and not for
major reconstruction efforts. For this estimate, CBO assumes
that the fund would be replenished-through discretionary
appropriations-on an annual basis at the $75 million level and
that it would be used for a mix of activities with an aggregate
spending pattern similar to that of the Economic Support Fund.
Thus, CBO estimates that implementing section 5 would cost $17
million in 2008 and $250 million over the 2008-2012 period,
assuming appropriation of the specified and estimated amounts.
Direct Spending
Section 10 would authorize the Secretary to waive
provisions of law that would otherwise reduce the pay for some
reemployed annuitants, while allowing them to accrue larger
retirement benefits. The Department of State believes that
existing authorities to waive those provisions are broad enough
to include employment for stabilization and reconstruction
activities. To the extent that current law waiver authority is
not sufficient for those purposes, the detailed authority in
section 10 could result in a small change in the total amount
of salaries paid to reemployed annuitants, as well as a small
reduction in the future annuities of such annuitants. CBO
estimates that this provision would affect a very few
individuals and that it would have an insignificant effect on
direct spending.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
S. 613 contains an intergovernmental mandate as defined in
UMRA because it would preempt certain state laws that regulate
the liability of volunteers. CBO estimates that the costs, if
any, would be minimal and well below the threshold established
in that act ($66 million in 2007, adjusted annually for
inflation). This bill contains no new private- sector mandates
as defined in UMRA.
Estimate Prepared By:
Federal Costs:
Office of Reconstruction and Stabilization: Sunita
D'Monte (226-2840)
Emergency Fund: Sam Papenfuss (226-2840)
Income Security: Craig Meklir (226-2820)
Impact on State, Local, and Tribal Governments: Melissa
Merrell (225-3220)
Impact on the Private Sector: Amy Petz (226-2940)
Estimate Approved By:
Robert A. Sunshine,
Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that there is
no regulatory impact as a result of this legislation.
VII. Changes in Existing Law
Pursuant to paragraph 12 of Rule XXVI of the Standing Rules
of the Senate, changes in existing law made by the bill, as
reported, are shown as follows (existing proposed to be omitted
is enclosed in black brackets, new matter is printed in italic,
existing law in which no change is proposed is shown in roman).
Foreign Assistance Act of 1961
* * * * * * *
Part III
CHAPTER 1
* * * * * * *
SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
(a) Assistance.--
(1) In General.--If the President determines that it
is important to the national interests of the United
States for United States civilian agencies or non-
Federal employees to assist in stabilizing and
reconstructing a country or region that is at risk of,
in, or is in transition from, conflict or civil strife,
the President may, in accordance with the provisions
set forth in section 614(a)(3), notwithstanding any
other provision of law, and on such terms and
conditions as the President may determine, furnish
assistance to respond to the crisis using funds
referred to in paragraph (2).
(2) Funds.--The funds referred to in this paragraph
are funds as follows:
(A) Funds made available under this section,
including funds authorized to be appropriated
by subsection (d).
(B) Funds made available under other
provisions of this Act and transferred or
reprogrammed for purposes of this section.
(b) Special Authorities.--In furtherance of a determination
made under subsection (a), the President may exercise the
authorities contained in sections 552(c)(2) and 610 without
regard to the percentage and aggregate dollar limitations
contained in such sections.
(c) Availability of Funds for Response Readiness Corps.--Of
the funds made available for this section in any fiscal year,
including funds authorized to be appropriated by subsection (d)
and funds made available under other provisions of this Act and
transferred or reprogrammed for purposes of this section,
$25,000,000 may be made available for expenses related to the
development, training, and operations of the Response Readiness
Corps established under section 61(c) of the State Department
Basic Authorities Act of 1956.
(d) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be
appropriated $75,000,000 to provide assistance
authorized in subsection (a) and, to the extent
authorized in subsection (c), for the purpose described
in subsection (c). Such amount is in addition to
amounts otherwise made available for purposes of this
section, including funds made available under other
provisions of this Act and transferred or reprogrammed
for purposes of this section.
(2) Replenishment.--There is authorized to be
appropriated each fiscal year such sums as may be
necessary to replenish funds expended under this
section.
(3) Availability.--Funds authorized to be
appropriated under this subsection shall be available
without fiscal year limitation.
State Department Basic Authorities Act of 1956
TITLE I--BASIC AUTHORITIES GENERALLY
* * * * * * *
SEC. 61. RECONSTRUCTION AND STABILIZATION.
(a) Office of the Coordinator for Reconstruction and
Stabilization.--
(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
(2) Coordinator for Reconstruction and
Stabilization.--The head of the Office shall be the
Coordinator for Reconstruction and Stabilization, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Coordinator shall
report directly to the Secretary and shall have the
rank and status of Ambassador at Large.
(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization
include the following:
(A) Monitoring, in coordination with relevant
bureaus within the Department of State,
political and economic instability worldwide to
anticipate the need for mobilizing United
States and international assistance for the
stabilization and reconstruction of countries
or regions that are at risk of, in, or are 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
non-military resources and capabilities of
Executive agencies that are available to
address such crises.
(C) Planning to address requirements, such as
demobilization, policing, human rights
monitoring, and public information, that
commonly arise in stabilization and
reconstruction crises.
(D) Coordinating with relevant Executive
agencies (as that term is defined in section
105 of title 5, United States Code) to develop
interagency contingency plans to mobilize and
deploy civilian personnel to address the
various types of such crises.
(E) Entering into appropriate arrangements
with other Executive agencies to carry out
activities under this section and the
Reconstruction and Stabilization Civilian
Management Act of 2007.
(F) Identifying personnel in State and local
governments and in the private sector who are
available to participate in the Response
Readiness Corps established under subsection
(c) or to otherwise participate in or
contribute to stabilization and reconstruction
activities.
(G) Taking steps to ensure that training of
civilian personnel to perform such
stabilization and reconstruction activities is
adequate and, as appropriate, includes security
training that involves exercises and
simulations with the Armed Forces, including
the regional commands.
(H) Sharing information and coordinating
plans for stabilization and reconstruction
activities, as appropriate, with the United
Nations and its specialized agencies, the North
Atlantic Treaty Organization, nongovernmental
organizations, and other foreign national and
international organizations.
(I) Coordinating plans and procedures for
joint civilian-military operations with respect
to stabilization and reconstruction activities.
(J) Maintaining the capacity to field on
short notice an evaluation team to undertake
on-site needs assessment.
(b) Response to Stabilization and Reconstruction Crisis.--If
the President makes a determination regarding a stabilization
and reconstruction crisis under section 618 of the Foreign
Assistance Act of 1961, the President may designate the
Coordinator, or such other individual as the President may
determine appropriate, as the Coordinator of the United States
response. The individual so designated, or, in the event the
President does not make such a designation, the Coordinator for
Reconstruction and Stabilization, shall--
(1) assess the immediate and long-term need for
resources and civilian personnel;
(2) identify and mobilize non-military resources to
respond to the crisis; and
(3) coordinate the activities of the other
individuals or management team, if any, designated by
the President to manage the United States response.
(c) Response Readiness Corps.--
(1) In General.--The Secretary, in consultation with
the Administrator of the United States Agency for
International Development and the heads of other
appropriate departments and agencies of the United
States Government, is authorized to establish and
maintain a Response Readiness Corps (hereafter referred
to in this subsection as the ``Corps'') to provide
assistance in support of stabilization and
reconstruction activities in foreign countries or
regions that are at risk of, in, or are in transition
from, conflict or civil strife.
(2) Federal Components.--
(A) Active and Standby Components.--The Corps
shall have active and standby components
consisting of United States Government
personnel as follows:
(i) An active component, consisting
of not more than 250 personnel who are
recruited, employed, and trained in
accordance with this paragraph.
(ii) A standby component, consisting
of not more than 2000 personnel who are
recruited and trained in accordance
with this paragraph.
(B) Authorized Members of Standby
Component.--Personnel in the standby component
of the Corps may include employees of the
Department of State (including Foreign Service
Nationals), employees of the United States
Agency for International Development, employees
of any other executive agency (as that term is
defined in section 105 of title 5, United
States Code), and employees of the legislative
branch and judicial branch of Government--
(i) who are assigned to the standby
component by the Secretary following
nomination for such assignment by the
head of the department or agency of the
United States Government concerned or
by an appropriate official of the
legislative or judicial branch of
Government, as applicable; and
(ii) who--
(I) have the training and
skills necessary to contribute
to stabilization and
reconstruction activities; and
(II) have volunteered for
deployment to carry out
stabilization and
reconstruction activities.
(C) Recruitment and Employment.--The
recruitment and employment of personnel to the
Corps shall be carried out by the Secretary,
the Administrator of the United States Agency
for International Development, and the heads of
the other departments and agencies of the
United States Government participating in the
establishment and maintenance of the Corps.
(D) Training.--The Secretary is authorized to
train the members of the Corps under this
paragraph to perform services necessary to
carry out the purpose of the Corps under
paragraph (1).
(E) Compensation.--Members of the active
component of the Corps under subparagraph
(A)(i) shall be compensated in accordance with
the appropriate salary class for the Foreign
Service, as set forth in sections 402 and 403
of the Foreign Service Act of 1980 (22 U.S.C.
3962, 3963), or in accordance with the relevant
authority under sections 3101 and 3392 of title
5, United States Code.
(3) Civilian Reserve.--
(A) Civilian Reserve.--The Corps shall have a
reserve (hereafter referred to in this
subsection as the ``Civilian Reserve'') of non-
United States Government personnel who are
trained and available as needed to perform
services necessary to carry out the purpose of
the Corps under paragraph (1). The Civilian
Reserve shall be established by the Secretary,
in consultation with the Administrator of the
Unites States Agency for International
Development and the heads of other appropriate
departments and agencies of the United States
Government.
(B) Composition.--Beginning not later than
one year after the date of the enactment of the
Reconstruction and Stabilization Civilian
Management Act of 2007, the Civilian Reserve
shall include at least 500 personnel, who may
include retired employees of the United States
Government, contractor personnel,
nongovernmental organization personnel, State
and local government employees, and individuals
from the private sector, who--
(i) have the training and skills
necessary to enable them to contribute
to stabilization and reconstruction
activities;
(ii) have volunteered to carry out
stabilization and reconstruction
activities; and
(iii) are available for training and
deployment to carry out the purpose of
the Corps under paragraph (1).
(4) Use of Response Readiness Corps.--
(A) Federal Active Component.--Members of the
active component of the Corps under paragraph
(2)(A)(i) are authorized to be available--
(i) for activities in direct support
of stabilization and reconstruction
activities; and
(ii) if not engaged in activities
described in clause (i), for assignment
in the United States, United States
diplomatic missions, and United States
Agency for International Development
missions.
(B) Federal Standby Component and Civilian
Reserve.--The Secretary may deploy members of
the Federal standby component of the Corps
under paragraph (2)(A)(ii), and members of the
Civilian Reserve under paragraph (3), in
support of stabilization and reconstruction
activities in a foreign country or region if
the President makes a determination regarding a
stabilization and reconstruction crisis under
section 618 of the Foreign Assistance Act of
1961.
Foreign Service Act of 1980
Chapter 7--Career Development, Training, and Orientation
Sec. 701. Institution for Training.--(a) Institution or
Center for Training.--* * *
* * * * * * *
(f)(1) The Secretary is authorized to provide, on a
reimbursable basis, training programs to Members of Congress or
the Judiciary.
(2) Employees of the legislative branch and employees of
the judicial branch may participate, on a reimbursable basis,
in training programs offered by the institution.
(3) Reimbursements collected under this subsection shall be
credited to the currently available applicable appropriation
account.
(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department and of
other agencies in the field of foreign relations.
(g) Stabilization and Reconstruction Curriculum.--
(1) Establishment and Mission.--The Secretary, in
cooperation with the Secretary of Defense and the
Secretary of the Army, is authorized to establish a
stabilization and reconstruction curriculum for use in
programs of the Foreign Service Institute, the National
Defense University, and the United States Army War
College.
(2) Curriculum Content.--The curriculum should
include the following:
(A) An overview of the global security
environment, including an assessment of
transnational threats and an analysis of United
States policy options to address such threats.
(B) A review of lessons learned from previous
United States and international experiences in
stabilization and reconstruction activities.
(C) An overview of the relevant
responsibilities, capabilities, and limitations
of various Executive agencies (as that term is
defined in section 105 of title 5, United
States Code) and the interactions among them.
(D) A discussion of the international
resources available to address stabilization
and reconstruction requirements, including
resources of the United Nations and its
specialized agencies, nongovernmental
organizations, private and voluntary
organizations, and foreign governments,
together with an examination of the successes
and failures experienced by the United States
in working with such entities.
(E) A study of the United States interagency
system.
(F) Foreign language training.
(G) Training and simulation exercises for
joint civilian-military emergency response
operations.
[(g)] (h) The authorities of section 704 shall apply to
training and instruction provided under this section.