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[Senate Report 110-50]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 112
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-50

======================================================================

 
    RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT ACT OF 2007

                                _______
                                

                 April 10, 2007.--Ordered to be printed

                                _______
                                

          Mr. Biden, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                         [To accompany S. 613]

    The Committee on Foreign Relations, having had under 
consideration a bill to enhance the overseas stabilization and 
reconstruction capabilities of the United States Government, 
and for other purposes, reports favorably thereon and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose..........................................................1
 II. Background.......................................................2
III. Committee Action.................................................4
 IV. Section-By-Section Analysis......................................4
  V. Cost Estimate....................................................8
 VI. Evaluation of Regulatory Impact.................................12
VII. Changes in Existing Law.........................................12

                               I. Purpose

    The Reconstruction and Stabilization Civilian Management 
Act of 2007 is designed to strengthen the U.S. government's 
civilian capacity to respond quickly and effectively to complex 
emergencies overseas. It authorizes the creation of a Response 
Readiness Corps to address post-conflict situations and other 
emergencies overseas where civilians may be needed to work 
alongside the U.S. military to provide expertise on such issues 
as the reconstitution of political and judicial structures, 
rule of law and law enforcement, and economic and agricultural 
development. It gives statutory standing to the U.S. State 
Department Office of the Coordinator for Reconstruction and 
Stabilization and makes the appointment of the Coordinator 
subject to the advice and consent of the Senate. It authorizes 
the establishment of a federal response capability with active 
duty and standby components, as well as a civilian reserve that 
draws upon the talent and willingness of private citizens to 
deploy overseas. It also provides for education and training 
for all three components of the Corps. It authorizes 
appropriations for the Office of the Coordinator for 
Reconstruction and Stabilization to establish, support and 
maintain the Response Readiness Reserve, and for the creation 
of an emergency response fund to be made available following a 
Presidential determination that it is in the national interest 
to assist a country that is in, or transitioning from, conflict 
or civil strife.

                             II. Background

    Since the end of the Cold War, the United States has 
undertaken several post-conflict stabilization and 
reconstruction operations that have been important to the 
national security interests of the United States. Current 
operations in Iraq are the sixth major post-conflict effort 
that the U.S. has mounted in 12 years. In the Balkans, Africa, 
the Caribbean, Afghanistan, and Iraq, the U.S. government has 
cobbled together plans, people and resources in an ad hoc 
fashion, usually with the Defense Department in the lead. 
Subsequent to U.S. military operations in Iraq and Afghanistan, 
and cognizant of the difficulties of the ongoing transitions in 
those two nations, the committee recognized the need for 
structural change, accomplished through legislation, within the 
U.S. government to better plan and carry out the civilian 
component of stabilization and reconstruction missions.
    The committee first reported legislation on this issue in 
the 108th Congress. The committee unanimously adopted S. 2127 
on March 18, 2004 and continued to work with the executive 
branch to pursue the objectives of the legislation. In the 
109th Congress, the full Senate on May 26, 2006 adopted 
unanimously S. 3322, a committee-reported bill that reflected 
ongoing legislative-executive branch discussions on the issue. 
S. 3322 was sent to the House and referred to the House 
International Relations Committee, where it was never 
considered. This bill, S. 613, is an updated version of S. 3322 
and reflects continued discussions between the two branches on 
the most effective way to realize the intent of the 
legislation.
    The original legislation was developed in close 
consultation with experts from inside and outside government. 
At the invitation of the Chairman and Ranking Member, a Policy 
Advisory Group convened, first in December 2003, to provide 
advice on how best to improve the U.S. response to such 
emergencies. The advisory group held a series of discussions in 
which committee members, group participants, and invited 
experts spoke frankly about their ideas to improve U.S. 
readiness and responsiveness to emergencies overseas. The group 
focused specifically on the response of civilian agencies and 
their coordination with Department of Defense and other agency 
efforts.
    The committee has been further informed by hearings and 
briefings that considered testimony and the insights of 
administration officials, policy experts, and representatives 
of non-governmental and international organizations. The unique 
challenges the United States is facing in Afghanistan and Iraq 
have provided a continuous backdrop and given a sense of 
increasing urgency to the committee's work. Many committee 
members have traveled to Afghanistan and Iraq, reinforcing 
committee views and providing timely, first-hand knowledge of 
the complexity and difficulties of stabilizing a country in the 
immediate aftermath of war.
    Based on these extensive inquiries, the committee has 
concluded that the U.S. foreign affairs agencies (the 
Department of State and USAID) and other civilian agencies, 
including the Departments of the Treasury, Agriculture, Health 
and Human Services, Justice, and Commerce, have been able to 
contribute to stabilization and reconstruction operations in 
conflict and post-conflict environments. However, they have 
lacked the necessary resources, contingency planning and the 
organizational structure to undertake the full range of 
required activities in a timely fashion.
    This bill is designed to improve the operation of the 
foreign affairs agencies so that they are better organized to 
plan, coordinate and execute overseas crisis response in 
cooperation with other relevant civilian agencies of the 
government, and with the military, if required. The committee 
envisions the Secretary of State leading the organizational 
effort, in full consultation with the Administrator of the U.S. 
Agency for International Development, an agency whose technical 
skills, operational experience, and knowledgeable personnel are 
invaluable both in Washington and in the field.
    The committee intends that the bill will enable the U.S. 
government to identify and have at the ready contingency plans 
to fill gaps that are often present in various types of 
reconstruction and stabilization emergencies. Restoring and 
maintaining public order during and in the aftermath of 
conflict is one such example. While military police and civil 
affairs units can serve in emergency situations, there is a 
need for a standing civilian capability to promptly undertake 
the restoration of rule of law and judicial functions, 
including the reconstruction of frail or weak constabulary, 
police, courts and corrections systems. Whether drawing on 
international capacity or relying on U.S. capacity alone, plans 
should be in place to meet this and other recurring needs that 
experience tells us will be necessary.
    This bill recognizes that the international community can 
play a vital role in this effort. One important function of the 
State Department Office of the Coordinator created by the bill 
is to develop a clear vision of the comparative advantages, the 
objectives and strategies, and the corresponding capabilities 
of all possible international contributors to stabilization and 
reconstruction missions. The committee recognizes the specific 
skills and essential expertise that the United Nations and its 
specialized agencies, as well as non-governmental 
organizations, and other individual nations can bring to 
conflict and post-conflict situations, including humanitarian 
response, support for rule of law efforts, reconstitution of 
government, and reconstruction of infrastructure and delivery 
of public services. The committee recommends that the United 
States make every effort to improve international capabilities, 
and particularly urges NATO and its member states to develop 
increased capacity. This investment should pay off in enhanced 
interoperability, increased burden-sharing, and a more rapid 
reaction time.

                         III. Committee Action

    At a business meeting on March 28, 2007, the committee 
considered S. 613. No amendments were offered. The committee 
ordered the bill favorably reported by voice vote.

                    IV. Section-By-Section Analysis

Section 1. Short Title.

    This section designates the short title of the bill.

Section 2. Findings, Purpose.

    This section lists findings that explain the need for 
legislation and the purpose of such legislation.

Section 3. Definitions.

    This section provides definitions of certain terms in the 
bill.

Section 4. Sense of Congress.

    This section states the sense of Congress that there are 
multiple ways to improve stabilization and reconstruction 
capacity; specifically:

          1. Strengthening the civilian elements with which the 
        U.S. Government responds to stabilization and 
        reconstruction crises overseas;

          2. Establishing a new system of planning, 
        organization, personnel policies, education and 
        training, and provision of adequate resources;

          3. Encouraging the international community, non-
        governmental organizations, the United Nations and its 
        specialized agencies to participate;

          4. Continuing to support ongoing executive branch 
        efforts to pursue the objectives outlined in the 
        legislation;

          5. Establishing a personnel exchange program between 
        the Departments of State and Defense, and other 
        agencies, to enhance the stabilization and 
        reconstruction skills of military and civilian 
        personnel and their ability to undertake joint 
        operations. Personnel exchanges should include 
        exchanges to regional and specialized commands, as well 
        as joint and service schools to ensure a broader base 
        of interaction between agencies;

          6. Urging other civilian agencies to establish 
        similar exchange programs.

Section 5. Authority to Provide Assistance for Stabilization and 
        Reconstruction Crises.

    This section provides the President with the authority, 
after consultations with Congress, to determine that it is in 
the national interest to provide assistance to a country that 
is in, or transitioning from, conflict or civil strife, and to 
provide such assistance from the $75 million emergency fund 
authorized in this section, as well as from commodities and 
services from the inventory of federal agencies. This section 
is similar to current authorities that are used to respond to 
refugee and migration crises, but has been made subject to 
certain conditions required by Section 614 of the Foreign 
Assistance Act, an extraordinary authority that is used 
sparingly and only after extensive consultations with Congress. 
The committee intends that this authority be exercised in the 
same manner as Section 614. The provision authorizes the annual 
replenishment of the emergency fund without fiscal year 
limitations.
    This section allows $25 million of the funds available 
under the section to be used immediately to jump start the 
development, training, and operations of the Response Readiness 
Corps.
    U.S. funding mechanisms for post-conflict operations can 
lack flexibility and effective mechanisms for emergency 
contracting and procurement. The funds in this section are 
intended to provide a quick start on such time-sensitive 
activities as the restoration of public order, political and 
civic reorganization, humanitarian aid, infrastructure repair 
and the re-establishment of basic services, among other 
emergency needs.

Section 6. Office of International Stabilization and Reconstruction.

    This section gives statutory standing to the Office of the 
Coordinator for Reconstruction and Stabilization at the State 
Department and requires that the Coordinator be appointed by 
the President with the advice and consent of the Senate. The 
Coordinator will report directly to the Secretary and have the 
rank of ``Ambassador-at-Large.'' It also states that the 
President may designate either the Coordinator or another 
individual to take the lead in particular crises.
    This section outlines the functions of the Office of the 
Coordinator in both non-emergency and emergency situations. The 
committee expects the Office to work in coordination with 
relevant bureaus within the State Department, USAID and other 
relevant organizations. Specifically, the committee encourages 
the naming of a USAID official as the Deputy Coordinator. In 
monitoring for potential crises, the Office should draw on 
current intelligence, data collection and monitoring efforts 
already underway in executive branch agencies. In its planning, 
the Office should also draw on expertise developed at USAID as 
part of its disaster assistance response function. The Office 
also should have the capacity to send assessment teams on very 
short notice into crisis situations and should be able to send 
civilians as part of joint civilian/military teams to help 
manage the early stages of such crises.
    The committee intends for the Coordinator to plan for and, 
when chosen by the President, be able to oversee the 
implementation of activities in a crisis. This legislation is 
not intended to limit the prerogatives of the President by pre-
determining either the agency to lead the effort, or the 
individual to be placed in charge.

Section 7. Response Readiness Corps.

    This section authorizes the Secretary of State, in 
coordination with the USAID Administrator and heads of other 
appropriate departments and agencies, to establish a Response 
Readiness Corps. The legislation authorizes the establishment 
of both federal and non-federal components of the Corps. The 
federal component has both active duty and stand-by units and 
the non-federal component is a civilian reserve that draws upon 
the talent and willingness of private citizens to deploy 
overseas:

   The provision authorizes an active duty unit of not 
        more than 250 personnel who are recruited, trained and 
        employed specifically to contribute to reconstruction 
        and stabilization missions. The unit would be made up 
        of a mix of State Department and USAID full-time 
        employees, trained to work with the U.S. military if 
        necessary, and on call to deploy wherever and whenever 
        they might be needed. Their areas of expertise would 
        include, but not be limited to, public information and 
        communications, rule of law, governance and civil 
        administration, security and public order, health and 
        education, and construction and engineering. They would 
        also have a range of regional expertise and language 
        skills. When not deployed on stabilization and 
        reconstruction missions, members of the active duty 
        unit would be available to work in Department 
        headquarters in Washington DC, or in embassies and 
        USAID missions to meet requirements as requested by 
        ambassadors or USAID mission directors.

   The provision also authorizes a 2,000-person standby 
        unit drawn from both State and USAID, including from 
        the some 10,000 locally hired nationals who work in 
        embassies overseas, as well as from other federal 
        agencies that have employees with necessary skill sets 
        and are willing to volunteer for overseas service.

   The provision requires that the civilian reserve, 
        drawn from volunteers in the private sector, must have 
        at least 500 highly skilled persons recruited within a 
        year of passage of the legislation. Non-federal 
        employees could be drawn from the ranks of retired 
        Foreign Service officers, former Peace Corps 
        volunteers, and retired military, as well as state and 
        local governments. Such examples are intended to be 
        illustrative rather than exclusionary, as skills and 
        willingness to serve are spread widely among the 
        American people.

    The committee envisions the establishment of the Corps as a 
joint endeavor by the State Department and USAID and intends 
that the current Policy Council, co-chaired by the Deputy 
Secretary and the USAID Administrator, would provide the 
collaborative venue within which the required coordination and 
integration can take place in a way in which both agencies can 
be strengthened to carry out stabilization and reconstruction 
missions. The committee would like to see within the 
Washington, D.C. headquarters some of the same operational 
collaboration and mutual sense of purpose and priorities that 
Members have witnessed between the two agencies in the field.
    The section also creates employment authorities and 
establishes a reporting requirement regarding the establishment 
of the Corps. The committee encourages the Secretary to develop 
proposals to provide pay and benefit incentives to members of 
the Corps, as well as recommend any legislation that may be 
necessary to provide job protections to such members when they 
are called to service under the authority of this Act.

Section 8. Stabilization and Reconstruction Training and Education.

    This section gives the Secretary of State, in cooperation 
with the Secretary of Defense and the Secretary of the Army, 
the authority to develop and establish new training curricula 
in stabilization and reconstruction for use in programs 
administered by the Foreign Service Institute, the National 
Defense University, and the Stabilization and Peacekeeping 
Institute at the Army War College. The committee also 
recognizes the excellent training programs at the Naval Post 
Graduate School and the U.S. Institute for Peace and encourages 
that they be included in the development of a comprehensive 
training program.
    Training of civilian government personnel to assist in 
post-conflict operations has been uneven. Some training 
opportunities already exist, but it is still the case that the 
U.S. government is routinely deploying civilians to 
stabilization and reconstruction operations with little or no 
specialized training for the post-conflict environment. Even 
when U.S. personnel receive solid training in their particular 
skill area, they rarely have had an opportunity to train with 
their counterparts in other U.S. agencies. This is an important 
gap to fill.
    Therefore, the objective of the training curricula required 
by this section is to prepare participants from the different 
civilian agencies for the tasks at every phase--from 
contingency planning, to working with the military if 
necessary, to the full spectrum of stabilization and 
reconstruction tasks. Effective war-gaming and scenario 
training should be part of the course curricula and should 
prepare participants to work on inter-agency teams in crisis 
environments. Joint training of civilian and military teams is 
supported by the committee and the foreign affairs civilian 
agencies are strongly encouraged to participate in training 
offered by the Department of Defense or the regional commands.
    This section also cites illustrative contents of a training 
curriculum. One particular committee interest is in the area of 
``lessons learned.'' The Department of Defense has a ``lessons 
learned'' or ``After Action Review'' process that could serve 
as a guide to establishing the same capacity within the State 
Department and USAID and could also be a key component of 
preparation for future actions. Training in conflict resolution 
is also needed. Post-conflict situations are dynamic and 
difficult in the best of circumstances and personnel should be 
trained with essential conflict and dispute resolution 
techniques.
    Training should be available for all members of the 
Response Readiness Corps, including the active duty and standby 
units of the federal component and the civilian reserve made up 
of private citizens.

Section 9. Service Related to Stabilization and Reconstruction.

    This section is designed to encourage service in 
stabilization and reconstruction activities overseas, which may 
fall outside the normal career path of Foreign Service officers 
and USAID employees. It designates that service or assignment 
in these areas should be considered among the favorable factors 
for promotion of employees of Executive agencies. In terms of 
training and promotion, this section describes steps that the 
Secretary of State and USAID Administrator should take to 
ensure employees are properly trained and identified for 
deployment in support of the Corps. This training should also 
be provided to Ambassadors and Deputy Chiefs of Mission.
    The U.S. Government should place a high premium on 
developing competency in the skills necessary to anticipate and 
address crises. Critical to the establishment of an effective 
cadre of people with special skills, experience, interest, and 
commitment needed for such challenging missions is the 
appropriate recognition of such service as professionally 
rewarding. The environment in which civil servants, Foreign 
Service officers, and others perform and advance must be 
flexible enough to allow for success for personnel who follow 
less traditional career paths and who may not reach executive 
management positions because of the unpredictable nature of 
their deployments. Incentives within all agencies must 
recognize the value of personnel committed to these challenging 
tasks. This section authorizes the creation of appropriate 
incentives and benefits to recognize and reward participants.

Section 10. Authorities Related to Personnel.

    This section provides contracting authority and 
reimbursement procedures for personnel, outlines procedures for 
hiring experts and consultants, and grants certain authorities 
to accept and assign details from other executive agencies, 
members of the uniformed services and employees of State and 
local governments. The section also provides certain waiver 
authorities for dual compensation prohibitions for federal 
retirees. The Secretary may extend benefits to any individual 
deployed under this Act as provided in the Foreign Service Act 
just as they are applicable to members of the Foreign Service.
    This section also authorizes compensatory time off for 
individuals assigned, detailed or deployed to carry out 
stabilization and reconstruction activities under this Act, 
subject to the consent of the employee. This section also 
increases the premium pay cap for certain individuals. The 
section authorizes the acceptance of volunteer services for 
advisors, experts, consultants and persons performing services 
in any other capacity determined appropriate by the Secretary 
and directs the Secretary to supervise and make assurances 
regarding volunteers. Finally, it provides that volunteers 
under this section are not to be considered federal employees, 
except with regard to certain provisions of federal law, 
including conflict of interest requirements.

Section 11. Authorization of Appropriations.

    This section authorizes appropriations of $80 million for 
the recruitment of new personnel, education and training, and 
equipment and travel necessary for carrying out the Act.

                            V. Cost Estimate

    Pursuant to Rule XXVI, paragraph 11(a) of the Standing 
Rules of the Senate, the following cost estimate has been 
provided by the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                     April 2, 2007.

                                 S. 613

               Reconstruction and Stabilization Civilian
                         Management Act of 2007

  As ordered reported by the Senate Committee on Foreign Relations on 
                            March 28, 2007.

                                SUMMARY

    S. 613 would authorize the President to provide assistance 
to stabilize and rebuild a country or region that is in, or 
emerging from, conflict or civil strife. The bill would 
establish an Office of Reconstruction and Stabilization within 
the Department of State to provide civilian management of 
stabilization and reconstruction efforts and would authorize 
the appropriation of $80 million a year for personnel, 
education and training, equipment, and travel costs. The bill 
also would authorize the creation of a new emergency fund to be 
used to respond to international crises and would authorize an 
initial appropriation of $75 million in 2008 and such sums as 
may be necessary each year to replenish the fund.
    CBO estimates that S. 613 would increase spending subject 
to appropriation by $85 million in 2008 and $629 million over 
the 2008-2012 period, assuming appropriation of the specified 
and estimated amounts. The bill also would allow the Secretary 
of State to waive certain rules regarding reemployment of 
federal annuitants; CBO estimates this provision would have no 
significant effect on direct spending or receipts.
    S. 613 contains an intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that 
the resulting costs, if any, would be minimal and well below 
the threshold established in that act ($66 million in 2007, 
adjusted annually for inflation). This bill contains no new 
private-sector mandates as defined in UMRA.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of S. 613 is shown in the 
following table. The costs of this legislation fall within 
budget function 150 (international affairs).

                                  Changes in Spending Subject to Appropriation
----------------------------------------------------------------------------------------------------------------
                                                                   By Fiscal Year, in Millions of Dollars
                                                          ------------------------------------------------------
                                                              2008       2009       2010       2011       2012
----------------------------------------------------------------------------------------------------------------
Office of Reconstruction and Stabilization
  Authorization Level....................................        80         80         80         80         80
  Estimated Outlays......................................        68         77         78         78         78
Emergency Fund
  Estimated Authorization Level..........................        75         75         75         75         75
  Estimated Outlays......................................        17         43         55         65         70
Total Changes
  Estimated Authorization Level..........................       155        155        155        155        155
  Estimated Outlays......................................        85        120        133        143        148
----------------------------------------------------------------------------------------------------------------
a. Enacting S. 613 also could reduce direct spending, but CBO estimates that any such effects would be less than
  $500,000 a year.

                           BASIS OF ESTIMATE

    CBO estimates that implementing S. 613 would cost $85 
million in 2008 and $629 million over the 2008-2012 period, 
assuming appropriation of the estimated and specified amounts. 
The bill also could affect both the pay and the retirement 
annuities of rehired federal annuitants, but CBO estimates that 
the bill would have no significant effect on direct spending or 
receipts. For this estimate, CBO assumes that this legislation 
will be enacted near the start of fiscal year 2008, that the 
specified and estimated authorization amounts will be 
appropriated near the start of each fiscal year, and that 
outlays will follow historical spending patterns for similar 
programs.

Spending Subject to Appropriation

    S. 613 would authorize the President to provide assistance 
to stabilize and rebuild a country or region that is in, or 
emerging from, conflict or civil strife, through the Office of 
Reconstruction and Stabilization within the Department of State 
and a new emergency fund.
    Office of Reconstruction and Stabilization. The Office of 
Reconstruction and Stabilization was created in the State 
Department in August 2004. Section 6 would codify the 
establishment of that office and specify its responsibility to 
monitor and assess international crises, to prepare contingency 
plans for various types of crises, to identify and train 
personnel with the necessary skills for stabilization and 
reconstruction operations, and should the President decide it 
is in the national interest, to coordinate the U.S. assistance 
in stabilizing and reconstructing the affected country or 
region.
    Section 7 would authorize the establishment of a Response 
Readiness Corps with an active component of up to 250 members 
for deployment on short notice, plus a standby component of up 
to 2,000 personnel. In addition, the bill would authorize a 
civilian reserve of at least 500 nonfederal personnel to 
support operations if needed. The corps and reserve personnel 
would receive training on stabilization and reconstruction from 
the Foreign Service Institute, the National Defense University, 
and the United States Army War College. The bill would 
authorize the appropriation of $80 million a year for 
personnel, education and training, equipment, and travel costs. 
CBO estimates that implementing those provisions would cost 
about $70 million in 2008 and $380 million over the 2008-2012 
period, assuming appropriation of the authorized amounts.
    Emergency Fund. Section 5 would authorize the appropriation 
of $75 million for an emergency stabilization and 
reconstruction fund, of which up to $25 million could be used 
for the costs of developing, training, and deploying the 
Response Readiness Corps. For subsequent years, it would 
provide permanent, indefinite authorization of such sums as may 
be necessary to replenish funds expended. Considering the 
number of regions in the world in conflict or recovering from 
conflict and the magnitude of the appropriations for the 
reconstruction of Iraq and Afghanistan (more than $30 billion 
over the 2003-2006 period), reconstruction efforts could 
require much larger funding levels than the amount authorized. 
Accordingly, CBO expects that the emergency fund would be used 
for an initial response to an international crisis and not for 
major reconstruction efforts. For this estimate, CBO assumes 
that the fund would be replenished-through discretionary 
appropriations-on an annual basis at the $75 million level and 
that it would be used for a mix of activities with an aggregate 
spending pattern similar to that of the Economic Support Fund. 
Thus, CBO estimates that implementing section 5 would cost $17 
million in 2008 and $250 million over the 2008-2012 period, 
assuming appropriation of the specified and estimated amounts.

Direct Spending

    Section 10 would authorize the Secretary to waive 
provisions of law that would otherwise reduce the pay for some 
reemployed annuitants, while allowing them to accrue larger 
retirement benefits. The Department of State believes that 
existing authorities to waive those provisions are broad enough 
to include employment for stabilization and reconstruction 
activities. To the extent that current law waiver authority is 
not sufficient for those purposes, the detailed authority in 
section 10 could result in a small change in the total amount 
of salaries paid to reemployed annuitants, as well as a small 
reduction in the future annuities of such annuitants. CBO 
estimates that this provision would affect a very few 
individuals and that it would have an insignificant effect on 
direct spending.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    S. 613 contains an intergovernmental mandate as defined in 
UMRA because it would preempt certain state laws that regulate 
the liability of volunteers. CBO estimates that the costs, if 
any, would be minimal and well below the threshold established 
in that act ($66 million in 2007, adjusted annually for 
inflation). This bill contains no new private- sector mandates 
as defined in UMRA.

Estimate Prepared By:

  Federal Costs:

          Office of Reconstruction and Stabilization: Sunita 
        D'Monte (226-2840)

          Emergency Fund: Sam Papenfuss (226-2840)

          Income Security: Craig Meklir (226-2820)

  Impact on State, Local, and Tribal Governments: Melissa 
Merrell (225-3220)

  Impact on the Private Sector: Amy Petz (226-2940)

Estimate Approved By:

  Robert A. Sunshine,
          Assistant Director for Budget Analysis.

                  VI. Evaluation of Regulatory Impact

    Pursuant to Rule XXVI, paragraph 11(b) of the Standing 
Rules of the Senate, the committee has determined that there is 
no regulatory impact as a result of this legislation.

                      VII. Changes in Existing Law

    Pursuant to paragraph 12 of Rule XXVI of the Standing Rules 
of the Senate, changes in existing law made by the bill, as 
reported, are shown as follows (existing proposed to be omitted 
is enclosed in black brackets, new matter is printed in italic, 
existing law in which no change is proposed is shown in roman).

Foreign Assistance Act of 1961

           *       *       *       *       *       *       *

                                Part III

CHAPTER 1

           *       *       *       *       *       *       *

SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

  (a) Assistance.--
          (1) In General.--If the President determines that it 
        is important to the national interests of the United 
        States for United States civilian agencies or non-
        Federal employees to assist in stabilizing and 
        reconstructing a country or region that is at risk of, 
        in, or is in transition from, conflict or civil strife, 
        the President may, in accordance with the provisions 
        set forth in section 614(a)(3), notwithstanding any 
        other provision of law, and on such terms and 
        conditions as the President may determine, furnish 
        assistance to respond to the crisis using funds 
        referred to in paragraph (2).
          (2) Funds.--The funds referred to in this paragraph 
        are funds as follows:
                  (A) Funds made available under this section, 
                including funds authorized to be appropriated 
                by subsection (d).
                  (B) Funds made available under other 
                provisions of this Act and transferred or 
                reprogrammed for purposes of this section.
  (b) Special Authorities.--In furtherance of a determination 
made under subsection (a), the President may exercise the 
authorities contained in sections 552(c)(2) and 610 without 
regard to the percentage and aggregate dollar limitations 
contained in such sections.
  (c) Availability of Funds for Response Readiness Corps.--Of 
the funds made available for this section in any fiscal year, 
including funds authorized to be appropriated by subsection (d) 
and funds made available under other provisions of this Act and 
transferred or reprogrammed for purposes of this section, 
$25,000,000 may be made available for expenses related to the 
development, training, and operations of the Response Readiness 
Corps established under section 61(c) of the State Department 
Basic Authorities Act of 1956.
  (d) Authorization of Appropriations.--
          (1) Authorization.--There is authorized to be 
        appropriated $75,000,000 to provide assistance 
        authorized in subsection (a) and, to the extent 
        authorized in subsection (c), for the purpose described 
        in subsection (c). Such amount is in addition to 
        amounts otherwise made available for purposes of this 
        section, including funds made available under other 
        provisions of this Act and transferred or reprogrammed 
        for purposes of this section.
          (2) Replenishment.--There is authorized to be 
        appropriated each fiscal year such sums as may be 
        necessary to replenish funds expended under this 
        section.
          (3) Availability.--Funds authorized to be 
        appropriated under this subsection shall be available 
        without fiscal year limitation.

             State Department Basic Authorities Act of 1956

TITLE I--BASIC AUTHORITIES GENERALLY

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SEC. 61. RECONSTRUCTION AND STABILIZATION.

  (a) Office of the Coordinator for Reconstruction and 
Stabilization.--
          (1) Establishment.--There is established within the 
        Department of State the Office of the Coordinator for 
        Reconstruction and Stabilization.
          (2) Coordinator for Reconstruction and 
        Stabilization.--The head of the Office shall be the 
        Coordinator for Reconstruction and Stabilization, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate. The Coordinator shall 
        report directly to the Secretary and shall have the 
        rank and status of Ambassador at Large.
          (3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization 
        include the following:
                  (A) Monitoring, in coordination with relevant 
                bureaus within the Department of State, 
                political and economic instability worldwide to 
                anticipate the need for mobilizing United 
                States and international assistance for the 
                stabilization and reconstruction of countries 
                or regions that are at risk of, in, or are in 
                transition from, conflict or civil strife.
                  (B) Assessing the various types of 
                stabilization and reconstruction crises that 
                could occur and cataloging and monitoring the 
                non-military resources and capabilities of 
                Executive agencies that are available to 
                address such crises.
                  (C) Planning to address requirements, such as 
                demobilization, policing, human rights 
                monitoring, and public information, that 
                commonly arise in stabilization and 
                reconstruction crises.
                  (D) Coordinating with relevant Executive 
                agencies (as that term is defined in section 
                105 of title 5, United States Code) to develop 
                interagency contingency plans to mobilize and 
                deploy civilian personnel to address the 
                various types of such crises.
                  (E) Entering into appropriate arrangements 
                with other Executive agencies to carry out 
                activities under this section and the 
                Reconstruction and Stabilization Civilian 
                Management Act of 2007.
                  (F) Identifying personnel in State and local 
                governments and in the private sector who are 
                available to participate in the Response 
                Readiness Corps established under subsection 
                (c) or to otherwise participate in or 
                contribute to stabilization and reconstruction 
                activities.
                  (G) Taking steps to ensure that training of 
                civilian personnel to perform such 
                stabilization and reconstruction activities is 
                adequate and, as appropriate, includes security 
                training that involves exercises and 
                simulations with the Armed Forces, including 
                the regional commands.
                  (H) Sharing information and coordinating 
                plans for stabilization and reconstruction 
                activities, as appropriate, with the United 
                Nations and its specialized agencies, the North 
                Atlantic Treaty Organization, nongovernmental 
                organizations, and other foreign national and 
                international organizations.
                  (I) Coordinating plans and procedures for 
                joint civilian-military operations with respect 
                to stabilization and reconstruction activities.
                  (J) Maintaining the capacity to field on 
                short notice an evaluation team to undertake 
                on-site needs assessment.
  (b) Response to Stabilization and Reconstruction Crisis.--If 
the President makes a determination regarding a stabilization 
and reconstruction crisis under section 618 of the Foreign 
Assistance Act of 1961, the President may designate the 
Coordinator, or such other individual as the President may 
determine appropriate, as the Coordinator of the United States 
response. The individual so designated, or, in the event the 
President does not make such a designation, the Coordinator for 
Reconstruction and Stabilization, shall--
          (1) assess the immediate and long-term need for 
        resources and civilian personnel;
          (2) identify and mobilize non-military resources to 
        respond to the crisis; and
          (3) coordinate the activities of the other 
        individuals or management team, if any, designated by 
        the President to manage the United States response.
  (c) Response Readiness Corps.--
          (1) In General.--The Secretary, in consultation with 
        the Administrator of the United States Agency for 
        International Development and the heads of other 
        appropriate departments and agencies of the United 
        States Government, is authorized to establish and 
        maintain a Response Readiness Corps (hereafter referred 
        to in this subsection as the ``Corps'') to provide 
        assistance in support of stabilization and 
        reconstruction activities in foreign countries or 
        regions that are at risk of, in, or are in transition 
        from, conflict or civil strife.
          (2) Federal Components.--
                  (A) Active and Standby Components.--The Corps 
                shall have active and standby components 
                consisting of United States Government 
                personnel as follows:
                          (i) An active component, consisting 
                        of not more than 250 personnel who are 
                        recruited, employed, and trained in 
                        accordance with this paragraph.
                          (ii) A standby component, consisting 
                        of not more than 2000 personnel who are 
                        recruited and trained in accordance 
                        with this paragraph.
                  (B) Authorized Members of Standby 
                Component.--Personnel in the standby component 
                of the Corps may include employees of the 
                Department of State (including Foreign Service 
                Nationals), employees of the United States 
                Agency for International Development, employees 
                of any other executive agency (as that term is 
                defined in section 105 of title 5, United 
                States Code), and employees of the legislative 
                branch and judicial branch of Government--
                          (i) who are assigned to the standby 
                        component by the Secretary following 
                        nomination for such assignment by the 
                        head of the department or agency of the 
                        United States Government concerned or 
                        by an appropriate official of the 
                        legislative or judicial branch of 
                        Government, as applicable; and
                          (ii) who--
                                  (I) have the training and 
                                skills necessary to contribute 
                                to stabilization and 
                                reconstruction activities; and
                                  (II) have volunteered for 
                                deployment to carry out 
                                stabilization and 
                                reconstruction activities.
                  (C) Recruitment and Employment.--The 
                recruitment and employment of personnel to the 
                Corps shall be carried out by the Secretary, 
                the Administrator of the United States Agency 
                for International Development, and the heads of 
                the other departments and agencies of the 
                United States Government participating in the 
                establishment and maintenance of the Corps.
                  (D) Training.--The Secretary is authorized to 
                train the members of the Corps under this 
                paragraph to perform services necessary to 
                carry out the purpose of the Corps under 
                paragraph (1).
                  (E) Compensation.--Members of the active 
                component of the Corps under subparagraph 
                (A)(i) shall be compensated in accordance with 
                the appropriate salary class for the Foreign 
                Service, as set forth in sections 402 and 403 
                of the Foreign Service Act of 1980 (22 U.S.C. 
                3962, 3963), or in accordance with the relevant 
                authority under sections 3101 and 3392 of title 
                5, United States Code.
          (3) Civilian Reserve.--
                  (A) Civilian Reserve.--The Corps shall have a 
                reserve (hereafter referred to in this 
                subsection as the ``Civilian Reserve'') of non-
                United States Government personnel who are 
                trained and available as needed to perform 
                services necessary to carry out the purpose of 
                the Corps under paragraph (1). The Civilian 
                Reserve shall be established by the Secretary, 
                in consultation with the Administrator of the 
                Unites States Agency for International 
                Development and the heads of other appropriate 
                departments and agencies of the United States 
                Government.
                  (B) Composition.--Beginning not later than 
                one year after the date of the enactment of the 
                Reconstruction and Stabilization Civilian 
                Management Act of 2007, the Civilian Reserve 
                shall include at least 500 personnel, who may 
                include retired employees of the United States 
                Government, contractor personnel, 
                nongovernmental organization personnel, State 
                and local government employees, and individuals 
                from the private sector, who--
                          (i) have the training and skills 
                        necessary to enable them to contribute 
                        to stabilization and reconstruction 
                        activities;
                          (ii) have volunteered to carry out 
                        stabilization and reconstruction 
                        activities; and
                          (iii) are available for training and 
                        deployment to carry out the purpose of 
                        the Corps under paragraph (1).
          (4) Use of Response Readiness Corps.--
                  (A) Federal Active Component.--Members of the 
                active component of the Corps under paragraph 
                (2)(A)(i) are authorized to be available--
                          (i) for activities in direct support 
                        of stabilization and reconstruction 
                        activities; and
                          (ii) if not engaged in activities 
                        described in clause (i), for assignment 
                        in the United States, United States 
                        diplomatic missions, and United States 
                        Agency for International Development 
                        missions.
                  (B) Federal Standby Component and Civilian 
                Reserve.--The Secretary may deploy members of 
                the Federal standby component of the Corps 
                under paragraph (2)(A)(ii), and members of the 
                Civilian Reserve under paragraph (3), in 
                support of stabilization and reconstruction 
                activities in a foreign country or region if 
                the President makes a determination regarding a 
                stabilization and reconstruction crisis under 
                section 618 of the Foreign Assistance Act of 
                1961.

                      Foreign Service Act of 1980

        Chapter 7--Career Development, Training, and Orientation

    Sec. 701. Institution for Training.--(a) Institution or 
Center for Training.--* * *

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    (f)(1) The Secretary is authorized to provide, on a 
reimbursable basis, training programs to Members of Congress or 
the Judiciary.
    (2) Employees of the legislative branch and employees of 
the judicial branch may participate, on a reimbursable basis, 
in training programs offered by the institution.
    (3) Reimbursements collected under this subsection shall be 
credited to the currently available applicable appropriation 
account.
    (4) Training under this subsection is authorized only to 
the extent that it will not interfere with the institution's 
primary mission of training employees of the Department and of 
other agencies in the field of foreign relations.
  (g) Stabilization and Reconstruction Curriculum.--
          (1) Establishment and Mission.--The Secretary, in 
        cooperation with the Secretary of Defense and the 
        Secretary of the Army, is authorized to establish a 
        stabilization and reconstruction curriculum for use in 
        programs of the Foreign Service Institute, the National 
        Defense University, and the United States Army War 
        College.
          (2) Curriculum Content.--The curriculum should 
        include the following:
                  (A) An overview of the global security 
                environment, including an assessment of 
                transnational threats and an analysis of United 
                States policy options to address such threats.
                  (B) A review of lessons learned from previous 
                United States and international experiences in 
                stabilization and reconstruction activities.
                  (C) An overview of the relevant 
                responsibilities, capabilities, and limitations 
                of various Executive agencies (as that term is 
                defined in section 105 of title 5, United 
                States Code) and the interactions among them.
                  (D) A discussion of the international 
                resources available to address stabilization 
                and reconstruction requirements, including 
                resources of the United Nations and its 
                specialized agencies, nongovernmental 
                organizations, private and voluntary 
                organizations, and foreign governments, 
                together with an examination of the successes 
                and failures experienced by the United States 
                in working with such entities.
                  (E) A study of the United States interagency 
                system.
                  (F) Foreign language training.
                  (G) Training and simulation exercises for 
                joint civilian-military emergency response 
                operations.
    [(g)] (h) The authorities of section 704 shall apply to 
training and instruction provided under this section.

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