59–010

Calendar No. 112

110TH CONGRESS REPORT

1st Session " ! SENATE 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

REPORT

[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 authorVerDate 11-MAY-2000 16:36 Apr 11, 2007 Jkt 000000 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 110-50.TXT sfrela2 PsN: sfrela2
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izes 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 postconflict 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 continVerDate 11-MAY-2000 16:36 Apr 11, 2007 Jkt 000000 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 110-50.TXT sfrela2 PsN: sfrela2
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uous 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.

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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

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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 ‘‘Ambassadorat-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

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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.

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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 secVerDate 11-MAY-2000 16:36 Apr 11, 2007 Jkt 000000 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 110-50.TXT sfrela2 PsN: sfrela2
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tion 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.

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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

10

Changes in Spending Subject to Appropriation—Continued

By Fiscal Year, in Millions of Dollars

2008 2009 2010 2011 2012

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.

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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)

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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 transVerDate 11-MAY-2000 16:36 Apr 11, 2007 Jkt 000000 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 110-50.TXT sfrela2 PsN: sfrela2
13

ferred 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 STA- BILIZATION.— (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 inVerDate 11-MAY-2000 16:36 Apr 11, 2007 Jkt 000000 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 110-50.TXT sfrela2 PsN: sfrela2
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formation, 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 civilianmilitary 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 reVerDate 11-MAY-2000 16:36 Apr 11, 2007 Jkt 000000 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 110-50.TXT sfrela2 PsN: sfrela2
15

ferred 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.—

16

(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 RE- SERVE.—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.

17

(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 civilianmilitary emergency response operations.

ø(g)¿ (h) The authorities of section 704 shall apply to training

and instruction provided under this section.

Æ