[House Report 110-537]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-537
======================================================================
RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT ACT OF 2008
_______
March 4, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Berman, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1084]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 1084) to amend the Foreign Assistance Act of 1961,
the State Department Basic Authorities Act of 1956, and the
Foreign Service Act of 1980 to build operational readiness in
civilian agencies, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Summary.......................................................... 5
Background and Purpose for the Legislation....................... 5
Hearings......................................................... 8
Committee Consideration.......................................... 8
Votes of the Committee........................................... 8
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 13
Constitutional Authority Statement............................... 13
New Advisory Committees.......................................... 13
Congressional Accountability Act................................. 13
Earmark Identification........................................... 13
Section-by-Section Analysis and Discussion....................... 14
Changes in Existing Law Made by the Bill, as Reported............ 19
Exchange of Letters--Committee on Foreign Affairs Committee and
Committee on Oversight and Government Reform................... 22
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconstruction and Stabilization
Civilian Management Act of 2008''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) In June 2004, the Office of the Coordinator for
Reconstruction and Stabilization (referred to as the
``Coordinator'') was established in the Department of State
with the mandate to lead, coordinate, and institutionalize
United States Government civilian capacity to prevent or
prepare for post-conflict situations and help reconstruct and
stabilize a country or region that is at risk of, in, or is in
transition from, conflict or civil strife.
(2) In December 2005, the Coordinator's mandate was
reaffirmed by the National Security Presidential Directive 44,
which instructed the Secretary of State, and at the Secretary's
direction, the Coordinator, to coordinate and lead integrated
United States Government efforts, involving all United States
departments and agencies with relevant capabilities, to
prepare, plan for, and conduct reconstruction and stabilization
operations.
(3) National Security Presidential Directive 44 assigns to
the Secretary, with the Coordinator's assistance, the lead role
to develop reconstruction and stabilization strategies, ensure
civilian interagency program and policy coordination,
coordinate interagency processes to identify countries at risk
of instability, provide decision-makers with detailed options
for an integrated United States Government response in
connection with reconstruction and stabilization operations,
and carry out a wide range of other actions, including the
development of a civilian surge capacity to meet reconstruction
and stabilization emergencies. The Secretary and the
Coordinator are also charged with coordinating with the
Department of Defense on reconstruction and stabilization
responses, and integrating planning and implementing
procedures.
(4) The Department of Defense issued Directive 3000.05, which
establishes that stability operations are a core United States
military mission that the Department of Defense must be
prepared to conduct and support, provides guidance on stability
operations that will evolve over time, and assigns
responsibilities within the Department of Defense for planning,
training, and preparing to conduct and support stability
operations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``agency'' means any entity included in
chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(4) Department.--Except as otherwise provided in this Act,
the term ``Department'' means the Department of State.
(5) Personnel.--The term ``personnel'' means individuals
serving in any service described in section 2101 of title 5,
United States Code, other than in the legislative or judicial
branch.
(6) Secretary.--The term ``Secretary'' means the Secretary of
State.
SEC. 4. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND
STABILIZATION CRISES.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended by inserting after section 617 the
following new section:
``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
``(a) Assistance.--
``(1) In general.--If the President determines that it is in
the national security interests of the United States for United
States civilian agencies or non-Federal employees to assist in
reconstructing and stabilizing 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), subject to paragraph (2) of
this subsection but notwithstanding any other provision of law,
and on such terms and conditions as the President may
determine, furnish assistance to such country or region for
reconstruction or stabilization using funds under paragraph
(3).
``(2) Pre-notification requirement.--The President may not
furnish assistance pursuant paragraph (1) until five days
(excepting Saturdays, Sundays, and legal public holidays) after
the requirements under section 614(a)(3) of this Act are
carried out.
``(3) Funds.--The funds referred to in paragraph (1) are
funds made available under any other provision of law and under
other provisions of this Act, and transferred or reprogrammed
for purposes of this section, and such transfer or
reprogramming shall be subject to the procedures applicable to
a notification under section 634A of this Act.
``(b) Limitation.--The authority contained in this section may be
exercised only during fiscal years 2008, 2009, and 2010, except that
the authority may not be exercised to furnish more than $100,000,000 in
any such fiscal year.''.
SEC. 5. RECONSTRUCTION AND STABILIZATION.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 62. 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.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall include
the following:
``(A) Monitoring, in coordination with relevant
bureaus and offices of the Department of State and the
United States Agency for International Development
(USAID), political and economic instability worldwide
to anticipate the need for mobilizing United States and
international assistance for the reconstruction and
stabilization of a country or region that is at risk
of, in, or are in transition from, conflict or civil
strife.
``(B) Assessing the various types of reconstruction
and stabilization crises that could occur and
cataloging and monitoring the non-military resources
and capabilities of agencies (as such term is defined
in section 3 of the Reconstruction and Stabilization
Civilian Management Act of 2008) that are available to
address such crises.
``(C) Planning, in conjunction with USAID, to address
requirements, such as demobilization, disarmament,
rebuilding of civil society, policing, human rights
monitoring, and public information, that commonly arise
in reconstruction and stabilization crises.
``(D) Coordinating with relevant agencies to develop
interagency contingency plans and procedures to
mobilize and deploy civilian personnel and conduct
reconstruction and stabilization operations to address
the various types of such crises.
``(E) Entering into appropriate arrangements with
agencies to carry out activities under this section and
the Reconstruction and Stabilization Civilian
Management Act of 2008.
``(F) Identifying personnel in State and local
governments and in the private sector who are available
to participate in the Civilian Reserve Corps
established under subsection (b) or to otherwise
participate in or contribute to reconstruction and
stabilization activities.
``(G) Taking steps to ensure that training and
education of civilian personnel to perform such
reconstruction and stabilization activities is adequate
and is carried out, as appropriate, with other agencies
involved with stabilization operations.
``(H) Taking steps to ensure that plans for United
States reconstruction and stabilization operations are
coordinated with and complementary to reconstruction
and stabilization activities of other governments and
international and nongovernmental organizations, to
improve effectiveness and avoid duplication.
``(I) Maintaining the capacity to field on short
notice an evaluation team consisting of personnel from
all relevant agencies to undertake on-site needs
assessment.
``(b) Response Readiness Corps.--
``(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development and the heads of other
appropriate agencies of the United States Government, may
establish and maintain a Response Readiness Corps (referred to
in this section as the `Corps') to provide assistance in
support of reconstruction and stabilization operations in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife. The Corps shall be
composed of active and standby components consisting of United
States Government personnel, including employees of the
Department of State, the United States Agency for International
Development, and other agencies who are recruited and trained
(and employed in the case of the active component) to provide
such assistance when deployed to do so by the Secretary to
support the purposes of this Act.
``(2) Civilian reserve corps.--The Secretary, in consultation
with the Administrator of the United States Agency for
International Development, may establish a Civilian Reserve
Corps for which purpose the Secretary is authorized to employ
and train individuals who have the skills necessary for
carrying out reconstruction and stabilization activities, and
who have volunteered for that purpose. The Secretary may deploy
members of the Civilian Reserve Corps pursuant to a
determination by the President under section 618 of the Foreign
Assistance Act of 1961.
``(3) Mitigation of domestic impact.--The establishment and
deployment of any Civilian Reserve Corps shall be undertaken in
a manner that will avoid substantively impairing the capacity
and readiness of any State and local governments from which
Civilian Reserve Corps personnel may be drawn.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State such sums as may be necessary
for fiscal years 2007 through 2010 for the Office and to support,
educate, train, maintain, and deploy a Response Readiness Corps and a
Civilian Reserve Corps.
``(d) Existing Training and Education Programs.--The Secretary shall
ensure that personnel of the Department, and, in coordination with the
Administrator of USAID, that personnel of USAID, make use of the
relevant existing training and education programs offered within the
Government, such as those at the Center for Stabilization and
Reconstruction Studies at the Naval Postgraduate School and the
Interagency Training, Education, and After Action Review Program at the
National Defense University.''.
SEC. 6. AUTHORITIES RELATED TO PERSONNEL.
(a) Extension of Certain Foreign Service Benefits.--The Secretary, or
the head of any agency with respect to personnel of that agency, may
extend to any individuals assigned, detailed, or deployed to carry out
reconstruction and stabilization activities pursuant to section 62 of
the State Department Basic Authorities Act of 1956 (as added by section
5 of this Act), the benefits or privileges set forth in sections 413,
704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22
U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that
such benefits and privileges are extended to members of the Foreign
Service.
(b) Authority Regarding Details.--The Secretary is authorized to
accept details or assignments of any personnel, and any employee of a
State or local government, on a reimbursable or nonreimbursable basis
for the purpose of carrying out this Act, and the head of any agency is
authorized to detail or assign personnel of such agency on a
reimbursable or nonreimbursable basis to the Department of State for
purposes of section 62 of the State Department Basic Authorities Act of
1956, as added by section 5 of this Act.
SEC. 7. RECONSTRUCTION AND STABILIZATION STRATEGY.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall develop an interagency strategy to respond to
reconstruction and stabilization operations.
(b) Contents.--The strategy required under subsection (a) shall
include the following:
(1) Identification of and efforts to improve the skills sets
needed to respond to and support reconstruction and
stabilization operations in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) Identification of specific agencies that can adequately
satisfy the skills sets referred to in paragraph (1).
(3) Efforts to increase training of Federal civilian
personnel to carry out reconstruction and stabilization
activities.
(4) Efforts to develop a database of proven and best
practices based on previous reconstruction and stabilization
operations.
(5) A plan to coordinate the activities of agencies involved
in reconstruction and stabilization operations.
SEC. 8. ANNUAL REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this Act
and annually for each of the five years thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
on the implementation of this Act. The report shall include detailed
information on the following:
(1) Any steps taken to establish a Response Readiness Corps
and a Civilian Reserve Corps, pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 5 of this Act).
(2) The structure, operations, and cost of the Response
Readiness Corps and the Civilian Reserve Corps, if established.
(3) How the Response Readiness Corps and the Civilian Reserve
Corps coordinate, interact, and work with other United States
foreign assistance programs.
(4) An assessment of the impact that deployment of the
Civilian Reserve Corps, if any, has had on the capacity and
readiness of any domestic agencies or State and local
governments from which Civilian Reserve Corps personnel are
drawn.
(5) The reconstruction and stabilization strategy required by
section 7 and any annual updates to that strategy.
(6) Recommendations to improve implementation of subsection
(b) of section 62 of the State Department Basic Authorities Act
of 1956, including measures to enhance the recruitment and
retention of an effective Civilian Reserve Corps.
(7) A description of anticipated costs associated with the
development, annual sustainment, and deployment of the Civilian
Reserve Corps.
Summary
H.R. 1084, the ``Reconstruction and Stabilization Civilian
Management Act of 2008,'' amends the Foreign Assistance Act of
1961 to authorize the President to provide assistance to
stabilize and reconstruct a country or region that is at risk
of, in, or is in transition from, conflict or civil strife. The
bill provides the President with the authority to transfer or
reprogram not more than $100 million in any given fiscal year
under any other provision of law or under the Foreign
Assistance Act of 1961 for the purposes of furnishing
stabilization or reconstruction assistance to a country or
region that is at risk of, in, or is in transition from,
conflict or civil strife.
H.R. 1084 also amends the State Department Basic
Authorities Act of 1956 by: 1) authorizing the establishment of
an Office of the Coordinator for Reconstruction and
Stabilization within the Department of State to provide
civilian management of stabilization and reconstruction
efforts; 2) authorizing the Secretary of State to establish and
maintain a Response Readiness Corps to provide assistance in
support of stabilization and reconstruction operations, which
includes active, standby, and reserve components with various
functions and responsibilities; and 3) authorizing funds to
support, educate, train, maintain, and use the Response
Readiness Corps.
Finally, the bill provides the Secretary of State with
various personnel authorities to carry out the Act; requires
the Secretary of State to develop an interagency strategy to
respond to stabilization and reconstruction operations; and
requires the Secretary of State to submit to Congress a report
on implementation of the Act.
Background and Purpose
Since the end of the Cold War, the United States has been
involved in stabilization and reconstruction missions
throughout the world, without a clearly developed strategy to
guide U.S. activities and policies. The experiences of the last
two decades have revealed that the United States Government
lacks the capacity to train and rapidly deploy civilian
personnel with relevant expertise to participate in sustained
stabilization and reconstruction activities. As a result, the
armed forces have shouldered much of the burden in stability
operations where civilian expertise should have been brought to
bear.
In the 1990s, the Department of State froze hiring of new
Foreign Service officers for a period of time. USAID dropped
from a high of 15,000 permanent staff in the 1960s and 1970s to
about 3,000 officers in the 1990s. Today, the Foreign Service
component of the USAID footprint has been reduced to
approximately 1,400 personnel. Throughout this time, experts
identified the need to improve and increase civilian
participation in peacekeeping operations, especially for those
activities related to planning and conducting operations and to
establishing a secure environment. The May 1997 Presidential
Decision Directive (PDD) 56, entitled, The Clinton
Administration's Policy on Managing Complex Contingency
Operations, constituted an important step forward with respect
to this problem. PDD 56 sought to address interagency planning
and coordination problems, but the provisions of this directive
were never formally implemented. In December 2005, President
Bush issued National Security Presidential Directive (NSPD) 44,
which replaced PDD 56 and instructed the Secretary of State to
coordinate and lead integrated United States Government efforts
to prepare, plan for, and conduct stabilization and
reconstruction operations.
Simultaneously, as a result of its experiences in Iraq and
Afghanistan, the Defense Department issued Directive 3000.05,
which established that stability operations are a core United
States military mission that the Department of Defense must be
prepared to conduct and support. The Committee notes that
Secretary of Defense Robert Gates has been a vocal advocate for
enhancing the capacity of U.S. civilian agencies, specifically
the Department of State and the U.S. Agency for International
Development. On February 6, 2008, in a House Armed Services
Committee hearing on the FY2009 budget, Secretary Gates
expressed his strong support for the Secretary of State's
request for international affairs funding. He stated that ``we
need civilian expertise and robust engagement around the world
to build goodwill, represent United States values and
commitment to our partners, complement the contributions of our
military, and set the long-term conditions for peace,
prosperity, and an environment inhospitable to extremism.''
Various studies since 2003 have also endorsed the creation
of cohesive, rapidly-deployable units of civilian experts for
stabilization and reconstruction operations. In November 2003,
the National Defense University released a report recommending
the concurrent deployment of civilian ``stabilization and
reconstruction'' personnel with combat forces, in order to
expedite the transfer of responsibilities to civilians. The
report called for the creation of a standing interagency
stabilization and reconstruction team within the government,
along with the development of an ``on-call'' civilian crisis
management corps of medical, legal, interpretation, and law
enforcement personnel from state and local governments and the
private sector. In April 2004, the United States Institute of
Peace urged the establishment of a reserve corps, as well as a
separate office in the Office of the Secretary of State that
would have authority to recruit, deploy, and manage
constabulary police units, judges, attorneys, and other legal
professionals. The Defense Science Board recommended in 2004
that the Department of State ``develop and maintain a portfolio
of detailed and adaptable plans and capabilities for the
civilian roles in reconstruction operations'' and that it
``prepare, deploy, and lead the civilian components of the
reconstruction missions.'' In a September 2007 report, the
Government Accountability Office concluded that the Department
of State lacks staff with appropriate skills to carry out its
foreign assistance management and responsibilities. Finally, in
February 2008, the RAND Corporation's report on ``War by Other
Means: Building Complete and Balanced Capabilities for
Counterinsurgency,'' recommended a strategy for civil
counterinsurgency and an assessment of the skills and numbers
of people as well as the funding needed to implement that
strategy. The report also noted that the United States is
``grossly short of civil capabilities for counter-insurgency.''
The Committee supports the need to rebuild the civilian
capacity within the Executive Branch. This legislation is the
first step toward achieving this goal which is important to the
promotion of United States' national security priorities.
The ``Reconstruction and Stabilization Civilian Management
Act of 2008'' (``the Act'') is designed to improve the capacity
of the United States civilian agencies to respond to
stabilization and reconstruction crises. It provides additional
authority to the President to furnish assistance to countries
and regions that are at risk of, in, or are in transition from,
conflicts or civil strife, ensures that the Department of State
is the lead U.S. agency to plan, prepare for, and coordinate
United States assistance to respond to stabilization and
reconstruction crises, and improves the capacity of the United
States civilian agencies to respond to such crises. Among other
things, the Act:
LAuthorizes the President to furnish
assistance to countries or regions that are at risk of,
in, or are in transition from, conflict or civil strife
for stabilization and reconstruction if the President
determines that it is in the national security
interests of the United States to provide such
assistance;
LAuthorizes the establishment of the Office of
the Coordinator for Reconstruction and Stabilization
within the Department of State and authorizes the head
of such office to plan, prepare for, and coordinate the
United States response to countries or regions that are
at risk of, in, or are in transition from, conflict or
civil strife;
LCreates the Response Readiness Corps
consisting of an active and standby component to
provide assistance in support of stabilization and
reconstruction operations in countries or regions that
are at risk of, in, or are in transition from, conflict
or civil strife and a Civilian Reserve Corps composed
of individuals who have the skills necessary for
carrying out stabilization and reconstruction
activities, and who have volunteered to be deployed to
carry out such activities in countries or regions that
are at risk of, in, or are in transition from, conflict
or civil strife;
LAuthorizes funding to support, educate,
train, maintain, and deploy the Response Readiness
Corps and the Civilian Reserve Corps;
LRequires the Secretary of State to develop an
interagency strategy to respond to stabilization and
reconstruction operations; and
LRequires the Secretary of State to submit
annual reports on the implementation of the Act.
Hearings
On February 12, 2008, the Committee held a hearing
entitled, ``International Relations Budget for Fiscal Year
2009.'' Testimony was given by Secretary of State Condoleezza
Rice, and she discussed the President's request for funding a
Civilian Response Corps and the need for increasing the
capacity of the United States civilian agencies. On February 7,
2007, the Committee held a hearing entitled, ``International
Relations Budget for Fiscal Year 2008,'' in which the Committee
heard testimony from Secretary Rice on the need to establish a
Civilian Response Corps and to increase funding for a U.S.
civilian response to stabilization and reconstruction crises.
Committee Consideration
On February 27, 2008, the Committee held a markup and
considered H.R. 1084. H.R. 1084 was ordered favorably reported,
as amended, by unanimous consent, a quorum being present.
Votes of the Committee
There were no recorded votes ordered on H.R. 1084.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
This legislation authorizes the President to transfer or
reprogram up to $100 million in any given fiscal year under any
other provision of law or under the Foreign Assistance Act of
1961 for the purposes of furnishing stabilization or
reconstruction assistance to a country or region that is at
risk of, in, or is in transition from, conflict or civil
strife. This legislation also authorizes funding to support,
educate, train, maintain, and deploy the Response Readiness
Corps and the Civilian Reserve Corps.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1084, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under Section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 4, 2008.
Hon. Howard L. Berman, Acting Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1084, the
Stabilization and Reconstruction Civilian Management Act of
2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 1084--Stabilization and Reconstruction Civilian Management Act of
2008
SUMMARY
H.R. 1084 would establish an Office of the Coordinator for
Reconstruction and Stabilization within the Department of State
to conduct reconstruction and stabilization operations. The
bill would authorize the Secretary of State to establish and
maintain a response readiness corps and a civilian reserve
corps and would authorize the appropriation of such sums as may
be necessary over the 2007-2010 period for personnel, education
and training, equipment, travel, and deployment costs. The bill
also would authorize the President to provide assistance of up
to $100 million a year over the 2008-2010 period to stabilize
and rebuild a country or region that is in, or emerging from,
conflict or civil strife.
CBO estimates that H.R. 1084 would increase discretionary
spending by $620 million over the 2009-2013 period, assuming
appropriation of the estimated amounts. Implementing the bill
would have an insignificant effect on direct spending and no
effect on revenues.
H.R. 1084 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 1084 is shown in the
following table. The costs of this legislation fall within
budget function 150 (international affairs).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Reconstruction and Stabilization 250 202 0 0 0
Estimated Authorization Level
Estimated Outlays 213 199 25 3 1
Foreign Assistance 100 100 0 0 0
Estimated Authorization Level
Estimated Outlays 23 57 50 30 20
Total Changes 350 302 0 0 0
Estimated Authorization Level
Estimated Outlays 236 256 75 33 21
----------------------------------------------------------------------------------------------------------------
\1\Enacting H.R. 1084 also would affect direct spending, but CBO estimates that those effects would be less than
$500,000 a year.
BASIS OF ESTIMATE
CBO estimates that under H.R. 1084 the Department of State
would require additional appropriations of $350 million in 2009
and $302 million in 2010. For this estimate, CBO assumes that
this legislation will be enacted before the end of fiscal year
2008, that the 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
H.R. 1084 would establish a new program of stabilization
and reconstruction efforts at the Department of State, for
which we estimate funding requirements of about $450 million
over the next two years, and would authorize up to $100 million
a year over the 2008-2010 period in foreign assistance. In
total, CBO estimates that implementing the bill would cost $620
million over the 2009-2013 period, assuming appropriation of
the necessary amounts.
Reconstruction and Stabilization. Section 5 would formalize
a new initiative within the State Department to provide
civilian management of stabilization and reconstruction efforts
and authorize the Secretary of State to establish and maintain
a response readiness corps and a civilian reserve corps to
carry out those efforts. CBO expects that this authority would
be employed in a manner consistent with the Civilian
Stabilization Initiative proposed in the President's recent
budget submission to the Congress. Under that proposal, the
response readiness corps would be composed of an active
component of 250 federal employees assigned to the program full
time and a standby component with 2,000 employees from various
civilian federal agencies who could be called upon as needed,
and the civilian reserve corps would include 2,000 volunteers
drawn from the private sector and state and local governments.
The bill would authorize the appropriation of such sums as
may be necessary through 2010 for personnel, education and
training, equipment, travel, and deployment costs related to
those corps. In addition, Public Law 110-28 (the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007) provided up to $50
million for the civilian reserve corps, contingent on future
authorization by the Congress. Under current law, the
department plans to use those funds for existing programs and
activities. Under H.R. 1084, the department would use about $26
million to develop training programs and to start a recruiting
program for the civilian reserve. However, CBO estimates that
those funds would be spent at about the same rate under H.R.
1084 as under current law.
The costs of this program would include:
LOperating expenses for the Office of the
Coordinator,
LPay and benefits for 250 new full-time
employees,
LAmounts for training and equipping 4,250
active, standby, and civilian reserve members, and
LContingency funds to initiate mobilization
and deployment of the corps.
Based on information provided by the Department of State,
CBO estimates that implementing those provisions would cost
$440 million over the 2009-2013 period, assuming appropriation
of the necessary amounts in 2009 and 2010.
Office of the Coordinator for Reconstruction and
Stabilization. The Office of the Coordinator for Reconstruction
and Stabilization was created in the State Department in 2004.
Section 5 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 coordinate plans with other agencies, 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. CBO estimates that the office would require
appropriations of $23 million a year in each of 2009 and 2010.
Response Readiness Corps. Section 5(b) would authorize the
establishment of a response readiness corps with active and
standby components composed of federal employees. CBO estimates
that implementing that provision would require appropriations
of $76 million in 2009 and $67 million in 2010.
CBO estimates that the 250-member active component would
deploy frequently, but in small numbers and to relatively safe
environments, and that it would require annual appropriations
of about $37 million in 2009 and $36 million in 2010. Those
amounts include annual per capita costs of about $110,000 for
salary and benefits, $5,000 for office support, and $10,000 for
travel. In 2009, average costs for equipment and training would
be about $20,000, but those costs would decline in 2010 to
about $16,000.
The standby and reserve corps would be available should the
President determine that national security interests required a
larger, more-sustained presence. Since the standby component of
the response readiness corps would be drawn from among existing
federal employees, costs for those members when not deployed
would be limited to the costs of training and equipment. As
with the active-component members, CBO estimates that average
costs for training and equipment would be about $20,000 in 2009
and $16,000 in 2010. CBO estimates the standby component would
require appropriations of $39 million in 2009 and $31 million
in 2010.
Civilian Reserve Corps. In its first full year, CBO
estimates the 2,000-member civilian reserve corps would have
average per capita costs of $8,500 for recruitment, screening,
and enrollment; $18,000 for training and equipment; $10,400 for
salary during training; and $6,500 for administrative expenses.
In 2010, costs for recruitment, screening, and enrollment would
fall by two-thirds and costs for training and equipment would
fall by one-half. Training pay also would decline in 2010 to an
average of $6,200 and administrative costs would average
$5,600. In total, CBO estimates the corps would require
appropriations of $87 million in 2009 and $47 million in 2010.
Contingency Costs. Should the President determine that a
larger presence was required, the standby and civilian reserve
corps members could be activated, generally deploying alongside
military forces. Over a two-month period, CBO estimates that
mobilizing a small force of about 130 members--three field
teams of 25 members each and a headquarters unit of 55
members--would require annual appropriations of about $65
million. That amount would include about $30 million for pay
and allowances, equipment, travel, predeployment training, and
supplies. Based on the costs of security for similar teams in
Afghanistan, CBO estimates that security costs would be about
$22 million and contracts for experts in various fields would
amount to $13 million.
Any contingency could expand beyond the initial 130 members
and would likely continue well beyond two months. The
President's initiative envisions the program having sufficient
funds to initiate a deployment, and then either transferring
the necessary amounts from other accounts or requesting
additional funds from the Congress for an extended deployment.
CBO cannot predict the extent or cost of such contingencies.
Foreign Assistance. Section 4 would authorize the President
to provide assistance of up to $100 million a year over the
2008-2010 period to stabilize and rebuild a country or region
that is in, or emerging from, conflict or civil strife.
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 2003-2008 period),
reconstruction efforts could require much higher funding.
Accordingly, CBO expects that those funds would be used for an
initial response to an international crisis and not for major
reconstruction efforts and would be expended for a mix of
activities with an aggregate spending pattern similar to that
of the Economic Support Fund (a program that provides
assistance to promote economic growth, free markets, and
sustainable democracy). CBO estimates that implementing this
provision would cost $180 million over the 2009-2013 period,
assuming appropriation of the estimated amounts.
Direct Spending
Enacting H.R. 1084 would have an insignificant effect on
direct spending for retirement benefits. Depending on the
circumstances, designating volunteers for the civilian reserve
corps as temporary federal employees could result in either
small costs or small savings to the federal retirement
programs. CBO estimates that any effects would be insignificant
for each year.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 1084 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on state,
local, or tribal governments.
PREVIOUS CBO ESTIMATE
On April 2, 2007, CBO transmitted a cost estimate for S.
613, the Reconstruction and Stabilization Civilian Management
Act of 2007, as ordered reported by the Senate Committee on
Foreign Relations on March 28, 2007. The bills and their five-
year costs are similar, but S. 613 would provide specific
authorizations of appropriations for the 2008-2012 period while
H.R. 1084 would authorize the appropriation of such sums as may
be necessary over the 2008-2010 period.
ESTIMATE PREPARED BY:
Federal Costs: Sunita D'Monte (226-2840)
Impact on State, Local, and Tribal Governments: Neil Hood (225-
3220)
Impact on the Private Sector: Jacob Kuipers (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Assistant Director for Budget Analysis
Performance Goals and Objectives
Pursuant to clause (3)(c) of House rule XIII, upon
enactment of this legislation, the Department of State and
USAID would begin to rebuild the civilian capacity to respond
to stabilization and reconstruction crises.
Constitutional Authority Statement
Pursuant to clause 3(d) (1) of rule XIII of the Rules of
the House of Representatives, the Committee finds the authority
for this legislation in article I, section 8 of the
Constitution.
New Advisory Committees
H.R. 1084 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 1084 does not apply to the Legislative Branch.
Earmark Identification
H.R. 1084 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis and Discussion
Section 1. Short Title
This section states that the act may be referred to as the
``Reconstruction and Stabilization Civilian Management Act of
2008.''
Section 2. Findings
This section contains congressional findings describing
efforts to improve the United States' capacity to respond to
stabilization and reconstruction operations, including the
establishment of the Office of the Coordinator for
Stabilization and Reconstruction in June 2004, the issuance of
the National Security Presidential Directive 44 which
instructed the Secretary of State to coordinate and lead
integrated United States Government efforts to prepare, plan
for, and conduct stabilization and reconstruction operations,
and release of Department of Defense Directive 3000.05 which
established that stability operations are a core United States
military mission that the Department of Defense must be
prepared to conduct and support.
Section 3. Definitions
This section provides definitions for use in the act.
Section 4. Authority to Provide Assistance for Stabilization and
Reconstruction Crises
Section 4 amends Chapter 1 of part III of the Foreign
Assistance Act of 196.1 by adding section 618--Assistance for a
Reconstruction and Stabilization Crisis--which provides that
the President may, in accordance with section 614(a)(3) of the
Foreign Assistance Act, and subject to pre-notification
requirements and notwithstanding any other provision of law,
furnish assistance to a country or region that is at risk of,
in, or is in transition from, conflict or civil strife for
stabilization or reconstruction if the President determines
that it is in the national security interests of the United
States for United States civilian agencies or non-Federal
employees to assist in stabilizing or reconstructing such
country or region. Section 618 prohibits the President from
providing stabilization and reconstruction assistance unless
Congress is notified five working days before such assistance
is provided. This section also allows funds to be made
available (subject to the same pre-notification requirements)
for stabilization and reconstruction assistance under any other
provision of law and under provisions of the Foreign Assistance
Act of 1961 that are transferred or reprogrammed for the
purpose of carrying out stabilization and reconstruction
assistance.
The Committee recognizes that the authority to provide
stabilization and reconstruction assistance is in addition to
other authorities to provide similar assistance, and thus, the
fact that not more than $100,000,000 may be used annually under
this authority does not preclude additional funds being used
under separate authorities. The Committee understands that the
authority of this section can be exercised with respect to
funds transferred under section 1207 of the FY 2006 National
Defense Authorization Act, as amended by Section 1210 of the FY
2008 National Defense Authorization Act, subject to the
requirement for notification in accordance with the procedures
that apply to section 634 of the Foreign Assistance Act and the
$100,000,000 limitation described above.
The use of the phrase ``country or region'' in this section
and elsewhere in the bill is not meant to allow for the
designation of a multi-country region in a way that subverts
the need for country-specific determinations under section 618.
Instead, the term ``region'' is included to accommodate cases
in which it may not be practicable to recognize a certain
territory as being a ``country,'' for example, in cases where
sovereignty over an area is in dispute.
Section 5. Reconstruction and Stabilization
This section amends Title I of the State Department Basic
Authorities Act of 1956 by adding Section 62, which establishes
the Office of the Coordinator for Reconstruction and
Stabilization within the Department of State and creates the
Response Readiness Corps.
The new section 62(a) codifies the Office of the
Coordinator for Reconstruction and Stabilization at the State
Department, which was established in June, 2004. This section
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.
Section 62(a) outlines the functions of the Office of the
Coordinator for Reconstruction and Stabilization. The Committee
expects the Office to coordinate with relevant bureaus and
offices within the Department of State and the U.S. Agency for
International Development in monitoring political and economic
stability worldwide. The Committee expects the Office to
provide fulsome briefings to the Committee on its efforts to
monitor such instability and efforts taken to address such
instability through the provision of U.S. assistance. In
monitoring for potential crises, the Office should utilize the
current intelligence, data collection and monitoring efforts of
other agencies as well as available information gathered by
international organizations and other countries.
Subsection (a) of the new section also directs the Office
to plan and prepare for stabilization and reconstruction crises
to address law enforcement, security, human rights,
humanitarian, and economic issues that may arise in such
crises. The Committee strongly urges the Office to work with
the U.S. Agency for International Development in planning,
preparing, and deploying personnel for stabilization and
reconstruction crises as it relates to humanitarian, human
rights, and economic issues. In particular, the Committee
expects the Office to draw upon the experience and expertise of
the Disaster Assistance Response Teams under the Office of
Disaster Assistance and the Office of Transition Initiatives
within the U.S. Agency for International Development. These two
entities have long histories in responding to humanitarian
crises and post-conflict situations and are experienced in
conducting assessments and programs in areas such as Iraq,
Afghanistan, Haiti, the Balkans, Pakistan, and Democratic
Republic of Congo, among others. The Committee believes that
the Office should learn from such experiences when it utilizes
its own personnel who are deployed on short notice to undertake
on-site needs assessments. Moreover, this new provision of law
does not preclude the President from designating an official
from outside the Department of State, particularly an official
of USAID, to act as coordinator for reconstruction and
stabilization assistance.
The Office should also enter into appropriate arrangements
with other agencies, such as the Department of Defense, the
Department of Agriculture, and the Department of Health and
Human Services, to ensure effective and efficient interagency
planning, preparation, and implementation of activities in
response to countries or regions that are at risk of, in, or
are in transition from, conflict or civil strife. Given that
State and local governments, and the private sector have
extensive expertise in areas impacted by stabilization and
reconstruction crises, such as law enforcement, engineering and
infrastructure management, and rule of law, the Committee
expects that the Office will work to identify volunteers from
such entities who are available to participate in the Civilian
Reserve Corps established by this Act. The Committee believes
that personnel in the Response Readiness Corps and the Civilian
Reserve Corps should have the necessary training and education
in relevant stabilization and reconstruction activities, such
as language training, conflict mediation, rule of law, law
enforcement, human rights, and disaster assistance, and that
such training and education is carried out with other United
States agencies involved with stabilization operations.
Stabilization and reconstruction crises can have a
significant impact on peace and global security. As a result,
other countries and international organizations, such as the
United Nations, are heavily engaged in providing assistance to
countries and regions impacted by conflict or civil strife. As
a result, the Committee finds it extremely important that the
Office coordinate the activities of the United States with
other governments and international organizations in order to
improve effectiveness and avoid duplication.
Section 62(b), as amended by Section 5 of the
``Reconstruction and Stabilization Civilian Management Act of
2008,'' authorizes the Secretary of State, in consultation with
the Administrator for the U.S. Agency for International
Development and heads of other appropriate agencies of the
United States Government, to establish a Response Readiness
Corps which contains an active and standby component consisting
of United States Government personnel, including employees of
the Department of State, the U.S. Agency for International
Development, and other agencies who are recruited and trained
to provide assistance when deployed to respond to stabilization
and reconstruction crises. The Committee believes that
personnel from other agencies, including, as appropriate,
members of the uniformed services of the Department of Defense,
may participate in the active and standby components of the
Response Readiness Corps. Although the Corps may include
personnel from USAID and other agencies, its activities should
be complementary to, but distinct from, the activities of those
other agencies, particularly in light of the higher threshold
that limits its deployment to genuine crises and conflicts.
Subsection (b) of Section 62 also authorizes the Secretary
of State, in consultation with the Administrator for the U.S.
Agency for International Development, to establish a Civilian
Reserve Corps. The Civilian Reserve Corps may include employees
from State and local governments, the private sector (including
employees of nongovernmental organizations), and retired
Federal employees or retired military. The bill also authorizes
the Secretary of State to employ and train such individuals
with the skills necessary for carrying out stabilization and
reconstruction activities. In both the Response Readiness Corps
and the Civilian Reserve Corps, the Committee expects that the
areas of expertise of the individuals making up both entities
might 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. The Committee also
expects that such individuals will have the requisite regional
or country expertise and the necessary language skills. The
Committee commends the Department of State for taking initial
steps to establish the active, standby, and reserve components
of the Response Readiness Corps and expects that the authority
provided in this legislation will bolster such efforts. The
Committee believes that the Civilian Reserve Corps should only
be deployed in cases where the President determines that it is
in the national security interests of the United States to
furnish assistance to countries or regions that are at risk of,
in, or are in transition from, conflict or civil strife. As
directed by subparagraph (3) of subsection 62(b), the Committee
expects that the Civilian Reserve Corps will be established and
deployed in a manner that does not substantively impair the
capacity and readiness of any State and local government from
which personnel of the Corps may be drawn.
The Committee fully expects that the Secretary will take
all steps necessary to ensure the voluntariness of service by
individual members of the Civilian Reserve Corps. For example,
any agreements or memoranda of understanding with State or
local governments should include provisions to ensure that any
State or local employee who might be detailed to or deployed by
the Civilian Reserve Corps has personally consented to such
service.
Subsection(c) of Section 62 authorizes funding to the
Secretary of State for fiscal years 2007 through 2010 for the
Office of the Coordinator for Reconstruction and Stabilization
and to support, educate, train, maintain, and deploy a Response
Readiness Corps and a Civilian Reserve Corps. The Committee
intends with this provision to allow the Department of State to
use up to $50 million for the Civilian Reserve Corps that was
appropriated in the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007. The Committee understands that approximately $25 million
remains from this appropriation and authorizes the Secretary of
State to utilize such funding for the establishment and
deployment of the Civilian Reserve Corps. Although by its terms
funds are authorized to the Secretary of State, the Committee
believes that it would not be inconsistent with section 62(c)
to have some of the funds for the active component of the
Response Readiness Corps be made available to other agencies
where members of the Corps will be employed on a day-to-day
basis. Such an approach would be consistent, for example, with
efforts in the President's request to increase the capacity of
USAID.
Subsection (d) of Section 62 requires the Secretary of
State to ensure that personnel of the Department of State
utilize the relevant existing training and education programs
offered within the U.S. Government. The Committee believes that
training of civilian government personnel to assist in post-
conflict stabilization and reconstruction operations has been
lacking. The Committee notes that there are notable training
and education programs offered at the Center for Stabilization
and Reconstruction Studies at the Naval Postgraduate School and
the Interagency Training, Education, and After Action Review
Program at the National Defense University. The Committee
strongly encourages the Secretary of State to ensure that
members of the Response Readiness Corps and the Civilian
Reserve Corps participate in such programs before deployment.
Such programs should ensure that members who are deployed have
had extensive training on stabilization and reconstruction with
their counterparts in other U.S. agencies, including the
Department of Defense.
Section 6. Authorities Related to Personnel
This section authorizes the Secretary of State, or the head
of any U.S. agency with respect to personnel of that agency, to
extend to any individual assigned, detailed, or deployed under
this Act certain death gratuity, training, and travel expense
benefits or privileges that are provided to members of the
Foreign Service under the Foreign Service Act of 1980. The
Committee also authorizes the Secretary of State to accept
detailees or assignments from other executive agencies, members
of the uniformed services, and employees of State or local
governments on a reimbursable or non-reimbursable basis. The
Committee understands that concerns have been raised by certain
agencies that they do not have authority to provide their
personnel on a non-reimbursable basis for the purposes
described in this Act. Therefore, the Committee specifically
authorizes the head of any U.S. agency to detail or assign its
personnel on a reimbursable and a non-reimbursable basis in
order to participate in the Response Readiness Corps.
Section 7. Reconstruction and Stabilization Strategy
The Committee notes that, despite the National Security
President Directive 44 and the Department of Defense Directive
3000.05, the United States Government lacks a comprehensive and
coherent interagency strategy to respond to stabilization and
reconstruction operations. This section requires the Secretary
of State to develop such a strategy which would include, but
not be limited to: the identification of, and efforts to
improve, the skills set needed to respond to and support
stabilization and reconstruction operations; the identification
of specific agencies that can adequately satisfy such skills
sets; efforts to increase training of Federal civilian
personnel to carry out stabilization and reconstruction
activities; efforts to develop a database of proven and best
practices based on previous stabilization and reconstruction
operations; and a plan to coordinate the activities of agencies
involved in stabilization and reconstruction operations. The
Committee expects that in developing a strategy with regard to
specific stabilization and reconstruction operations and the
furnishing of assistance for such purposes, the Secretary of
State shall coordinate with relevant ambassadors in the field,
along with the Administrator of USAID and relevant USAID
bureaus and missions. As our nation's primary international
development agency, USAID plays a leading role in shaping and
implementing development policy. Given USAID's expertise and
experience in humanitarian and reconstruction activities, and
the inevitable use of certain funds administered by USAID for
reconstruction and stabilization operations, the Committee
expects a significant role for USAID in these activities.
However, the Committee notes that the descent of a country or
region into conflict or civil strife may require the Department
of State and USAID to reevaluate the long-term goals for such
country or region.
Section 8. Annual Reports to Congress
This section requires the Secretary of State to submit a
report on the implementation of this Act to the House Committee
on Foreign Affairs and the Senate Committee on Foreign
Relations 180 days after enactment and annually thereafter. The
Committee expects the Secretary of State to provide information
on efforts to establish the Response Readiness Corps and the
Civilian Reserve Corps, including any obstacles perceived in
establishing such entities. The Committee also encourages the
Secretary of State to provide recommendations to improve
implementation of the Response Readiness Corps and the Civilian
Reserve Corps, including legislation that may be necessary to
enhance the recruitment and retention of an effective Civilian
Reserve Corps. The Committee remains concerned about the
anticipated costs in setting up, maintaining, and deploying the
Response Readiness Corps and the Civilian Reserve Corps, and
expects the Secretary of State to include a description of such
costs in the annual reports. As underscored by subsection (3),
the Committee also remains concerned that Corps activities
should be coordinated with other United States foreign
assistance activities in order to improve efficiency and avoid
duplication. As indicated by the reporting requirements of
subsection (4), the Committee intends to monitor compliance
with the new section 62(b)(3) of Title I of the State
Department Basic Authorities Act (added by section 5 of the
bill), which directs that the establishment and deployment of a
Civilian Reserve Corps shall avoid substantively impairing the
domestic capacity of State and local governments whose
personnel may volunteer for service.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
SECTION 618 OF THE FOREIGN ASSISTANCE ACT OF 1961
SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
(a) Assistance.--
(1) In general.--If the President determines that it
is in the national security interests of the United
States for United States civilian agencies or non-
Federal employees to assist in reconstructing and
stabilizing 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), subject to paragraph (2) of
this subsection but notwithstanding any other provision
of law, and on such terms and conditions as the
President may determine, furnish assistance to such
country or region for reconstruction or stabilization
using funds under paragraph (3).
(2) Pre-notification requirement.--The President may
not furnish assistance pursuant paragraph (1) until
five days (excepting Saturdays, Sundays, and legal
public holidays) after the requirements under section
614(a)(3) of this Act are carried out.
(3) Funds.--The funds referred to in paragraph (1)
are funds made available under any other provision of
law and under other provisions of this Act, and
transferred or reprogrammed for purposes of this
section, and such transfer or reprogramming shall be
subject to the procedures applicable to a notification
under section 634A of this Act.
(b) Limitation.--The authority contained in this section may
be exercised only during fiscal years 2008, 2009, and 2010,
except that the authority may not be exercised to furnish more
than $100,000,000 in any such fiscal year.
* * * * * * *
----------
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
* * * * * * *
SEC. 62. 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.
(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall
include the following:
(A) Monitoring, in coordination with relevant
bureaus and offices of the Department of State
and the United States Agency for International
Development (USAID), political and economic
instability worldwide to anticipate the need
for mobilizing United States and international
assistance for the reconstruction and
stabilization of a country or region that is at
risk of, in, or are in transition from,
conflict or civil strife.
(B) Assessing the various types of
reconstruction and stabilization crises that
could occur and cataloging and monitoring the
non-military resources and capabilities of
agencies (as such term is defined in section 3
of the Reconstruction and Stabilization
Civilian Management Act of 2008) that are
available to address such crises.
(C) Planning, in conjunction with USAID, to
address requirements, such as demobilization,
disarmament, rebuilding of civil society,
policing, human rights monitoring, and public
information, that commonly arise in
reconstruction and stabilization crises.
(D) Coordinating with relevant agencies to
develop interagency contingency plans and
procedures to mobilize and deploy civilian
personnel and conduct reconstruction and
stabilization operations to address the various
types of such crises.
(E) Entering into appropriate arrangements
with agencies to carry out activities under
this section and the Reconstruction and
Stabilization Civilian Management Act of 2008.
(F) Identifying personnel in State and local
governments and in the private sector who are
available to participate in the Civilian
Reserve Corps established under subsection (b)
or to otherwise participate in or contribute to
reconstruction and stabilization activities.
(G) Taking steps to ensure that training and
education of civilian personnel to perform such
reconstruction and stabilization activities is
adequate and is carried out, as appropriate,
with other agencies involved with stabilization
operations.
(H) Taking steps to ensure that plans for
United States reconstruction and stabilization
operations are coordinated with and
complementary to reconstruction and
stabilization activities of other governments
and international and nongovernmental
organizations, to improve effectiveness and
avoid duplication.
(I) Maintaining the capacity to field on
short notice an evaluation team consisting of
personnel from all relevant agencies to
undertake on-site needs assessment.
(b) Response Readiness Corps.--
(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United
States Agency for International Development and the
heads of other appropriate agencies of the United
States Government, may establish and maintain a
Response Readiness Corps (referred to in this section
as the ``Corps'') to provide assistance in support of
reconstruction and stabilization operations in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife. The Corps
shall be composed of active and standby components
consisting of United States Government personnel,
including employees of the Department of State, the
United States Agency for International Development, and
other agencies who are recruited and trained (and
employed in the case of the active component) to
provide such assistance when deployed to do so by the
Secretary to support the purposes of this Act.
(2) Civilian reserve corps.--The Secretary, in
consultation with the Administrator of the United
States Agency for International Development, may
establish a Civilian Reserve Corps for which purpose
the Secretary is authorized to employ and train
individuals who have the skills necessary for carrying
out reconstruction and stabilization activities, and
who have volunteered for that purpose. The Secretary
may deploy members of the Civilian Reserve Corps
pursuant to a determination by the President under
section 618 of the Foreign Assistance Act of 1961.
(3) Mitigation of domestic impact.--The establishment
and deployment of any Civilian Reserve Corps shall be
undertaken in a manner that will avoid substantively
impairing the capacity and readiness of any State and
local governments from which Civilian Reserve Corps
personnel may be drawn.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of State such sums as may be
necessary for fiscal years 2007 through 2010 for the Office and
to support, educate, train, maintain, and deploy a Response
Readiness Corps and a Civilian Reserve Corps.
(d) Existing Training and Education Programs.--The Secretary
shall ensure that personnel of the Department, and, in
coordination with the Administrator of USAID, that personnel of
USAID, make use of the relevant existing training and education
programs offered within the Government, such as those at the
Center for Stabilization and Reconstruction Studies at the
Naval Postgraduate School and the Interagency Training,
Education, and After Action Review Program at the National
Defense University.
* * * * * * *
Exchange of Letters--Committee on Foreign Affairs Committee and
Committee on Oversight and Government Reform
U.S. Congress,
Committee on Foreign Affairs,
Washington, DC, March 4, 2008.
Hon. Henry A. Waxman, Chairman,
Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
1084, the Reconstruction and Stabilization Civilian Management
Act of 2008, which authorizes the President to provide
assistance to stabilize and reconstruct a country or region
that is at risk of, in, or is in transition from, conflict or
civil strife, and establishes a Response Readiness Corps and
Civilian Reserve Corps to respond to such country or region.
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions that
fall within the jurisdiction of the Committee on Oversight and
Government Reform. I acknowledge that the Committee will not
seek a sequential referral of the bill and agree that the
inaction of your Committee with respect to the bill. does not
prejudice the Oversight Committee's jurisdictional interests
and prerogatives regarding this bill or similar legislation
Further, as to any House-Senate conference on the bill, I
understand that your committee reserves the right to seek the
appointment of conferees for consideration of portions of the
bill that are within the Committee's jurisdiction, and I agree
to support a request by the Committee with respect to serving
as conferees on the bill (or similar legislation).
I will ensure that our of letters is included in my
Committee's report on the bill and in the Congressional Record
during consideration on the House floor of H.R. 1084, and I
look forward to working with you on this important legislation
Cordially,
Howard Berman, Acting Chairman.
----------
U.S. Congress,
Committee on Foreign Affairs,
Washington, DC, March 4, 2008.
Hon. Howard Berman, Acting Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Chairman Berman: I am writing to confirm our mutual
understanding with respect to the consideration of H.R. 1084,
the Reconstruction and Stabilization Civilian Management Act of
2008.
As you know, on February 27, 2008, the Committee on Foreign
Affairs ordered H.R. 1084 reported to the House. The Committee
on Oversight and Government Reform (Oversight Committee)
appreciates your effort to consult regarding those provisions
of H.R. 1084 that fall within the Oversight Committee's
jurisdiction, including matters related to the federal
workforce.
In the interest of expediting consideration of H.R. 1084,
the Oversight Committee will not separately consider this
legislation. The Oversight Committee does so, however, with the
understanding that this does not prejudice the Oversight
Committee's jurisdictional interests and prerogatives regarding
this bill or similar legislation.
I respectfully request your support for the appointment of
outside conferees from the Oversight Committee should H.R. 1084
or a similar Senate bill be considered in conference with the
Senate. I also request that you include our exchange of letters
on this matter in the Report by the Committee on Foreign
Affairs on H.R. 1084 and in the Congressional Record during
consideration of this legislation on the House floor.
Thank you for your attention to these matters.
Sincerely,
Henry A. Waxman, Chairman.
cc:
Tom Davis
Ranking Minority Member