29–010

Calendar No. 460

108TH CONGRESS REPORT

2nd Session " ! SENATE 108–247

THE STABILIZATION AND RECONSTRUCTION CIVILIAN

MANAGEMENT ACT OF 2004

MARCH 18, 2004.—Ordered to be printed

Filed under the authority of the order of the Senate of March 12, 2004

Mr. LUGAR, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany S. 2127]

The Committee on Foreign Relations, having had under consideration a bill (S. 2127) to build operational readiness in civilian agencies, 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 ................................................................................................. 9

VI. Evaluation of Regulatory Impact .................................................................. 11

VII. Changes in Existing Law .............................................................................. 11

I. PURPOSE

The Stabilization and Reconstruction Civilian Management Act

of 2004 is designed to strengthen the capacity of civilian foreign affairs agencies to respond quickly and effectively to overseas crises,

including post-conflict and other complex emergencies. It creates a

new office in the State Department to plan and coordinate civilian

efforts and also creates a new civilian Response Readiness Force

that includes a Response Readiness Corps and a Reserve component made up of volunteers from the foreign affairs agencies, the

other civilian agencies of the U.S. Government, and from State and

local governments and the private sector. It also provides for eduVerDate 11-MAY-2000 20:26 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 SRCMA.TXT SFORELA1 PsN: SFORELA1
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cation and training for both the Corps and the Reserve. It authorizes appropriations for emergency funding 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. It also authorizes appropriations to be used to hire new

personnel, reimburse other agencies for seconded personnel, and

establish new education and training programs. Finally, it recommends the establishment of a new directorate of stabilization

and reconstruction activities within the National Security Council,

as well as the creation of a standing interagency committee to oversee the formulation and execution of stabilization and reconstruction policy.

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. Iraq is the sixth major post-conflict effort that the

U.S. has mounted in 12 years. In the Balkans, Africa, the Caribbean, Afghanistan, and now in 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 within the U.S.

Government to better plan and carry out the civilian component of

stabilization and reconstruction activities.

This legislation is intended to improve the capability of U.S. civilian agencies to respond quickly and effectively to post-conflict

stabilization and reconstruction crises. It was developed in close

consultation with experts from inside and outside of government.

At the invitation of the chairman and ranking member, a Policy

Advisory Group convened and provided 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,

developed over years of experience, to improve U.S. readiness and

responsiveness to stabilization and reconstruction crises. The group

focused specifically on the response of civilian agencies and their

coordination with Department of Defense and other agency efforts.

The committee was further informed by hearings and briefings

that explored the insight and considered the testimony of administration officials, policy experts, and representatives of non-governmental and international organizations on the unique challenges

the United States is facing in Afghanistan and Iraq. In the first

congressional visit to post-war Iraq, Senators Lugar, Biden and

Hagel traveled to Baghdad and visited the Coalition Provisional

Authority in June 2003. This visit informed the discussion of stabilization and reconstruction with timely, first-hand knowledge of

the complexity and difficulties of transition in the immediate aftermath of war.

Based on these extensive inquiries, the committee has concluded

that the foreign affairs agencies (the Department of State and

USAID) and other civilian agencies, including the Departments of

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the Treasury, Agriculture, Health and Human Services, Justice,

and Commerce, have often participated in stabilization and reconstruction operations in conflict and post-conflict environments, but

they have lacked adequate resources and the organizational structure to undertake the full range of required activities in a timely

and comprehensive fashion. Better preparation and improved contingency planning are essential if there is to be a robust civilian

partner to the military in the stabilization and reconstruction

phase of any conflict. A sustained inter-agency effort, led by the

National Security Council, is crucial to its success.

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 and operational experience are invaluable both in

Washington and in the field.

The committee intends that the bill will enable the 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 need for a standing civilian capability to promptly undertake rule of law functions, including such functions as constabulary, police, judicial and corrections. 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

demonstrates will be necessary.

This bill recognizes that the international community can play a

vital role in this effort. One important function of the new State

Department office 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 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.

Their expertise ranges from humanitarian response, to support for

rule of law efforts and reconstitution of government, to 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 quicker reaction time. One proposal that the committee

recommends be considered is support for an international rule of

law training center in Europe that would focus on the full spectrum

of needs in post-conflict situations.

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III. COMMITTEE ACTION

The committee held a public hearing on March 3, 2004, and considered the testimony of three expert witnesses who had participated in the Policy Advisory Group. In this and in previous hearings, the committee examined past experience and considered extensive studies of best practices from the Second World War to the

present.

At a business meeting on March 4, 2004, the committee considered S. 2127. No amendments were offered. The committee ordered

the bill reported by a vote of 19 to 0. Ayes: Senators Lugar, Hagel,

Chafee, Allen, Brownback, Enzi, Voinovich, Alexander, Coleman,

Sununu, Biden, Sarbanes, Dodd, Kerry, Feingold, Boxer, Nelson,

Rockefeller, and Corzine.

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title

This section designates the short title of the bill.

Section 2. Finding, 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 on multiple ways to improve stabilization and reconstruction activities; specifically:

(1) Strengthening the civilian elements to respond to stabilization and reconstruction crises overseas;

(2) Establishing a new system of planning, organization, personnel policies and education and training and the provision of

adequate resources;

(3) Encouraging the international community, non-governmental organizations, the UN and its specialized agencies to

participate;

(4) Urging the President to establish a new directorate of

stabilization and reconstruction activities within the National

Security Council;

(5) Urging the President to establish a standing committee

to oversee the formulation and execution of stabilization and

reconstruction policy, chaired by the National Security Advisor

with membership of appropriate agencies;

(6) 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;

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(7) Urging other civilian agencies to work with the Department of Defense 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, and to provide such assistance from the $100 million

emergency fund authorized in this section, in addition to amounts

otherwise made available for such purposes, as well as from commodities and services from the inventory of Federal agencies. The

funding mechanism and the authority to replenish funds in this

section are similar to current authorities that are used to respond

to refugee and migration crises, but the exercise of the authority

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.

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.

Section 6. Office of International Stabilization and Reconstruction

This section creates a new ‘‘Office of International Stabilization

and Reconstruction’’ within the State Department to be headed by

a Coordinator 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 International

Stabilization and Reconstruction 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. The committee envisions the office to be staffed by no

more than 75 officials from the State Department and USAID, as

well as officials from other civilian agencies temporarily seconded

to provide expertise and inter-agency coordination. 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 should have the capacity to send assessment teams on very short notice into crisis situations and

should also be able to send civilians as part of joint civilian/military

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teams to help manage the full scope of responses necessary in the

early stages of such crises.

The committee intends for the Coordinator to plan for and, when

designated by the President, to 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 Force

This section authorizes the Secretary of State, in coordination

with the USAID Administrator, to establish a Response Readiness

Force that consists of both active duty and reserve personnel. The

Response Readiness Corps, the active duty component of the Force,

will consist of up to 250 individuals specially recruited to be the civilian vanguard of stabilization and reconstruction emergency activities. Such a Corps will consist of individuals who are trained

and experienced in managing specific needed functions, are able to

work with the U.S. military if necessary, and are willing to serve

wherever they may be needed. Their areas of expertise could 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 will also have a range of regional expertise and language

skills. The committee envisions a mix of Foreign Service and Civil

Service personnel from State Department and USAID to constitute

the Corps. When not serving on stabilization and reconstruction

missions, members of the Corps will 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.

This bill also establishes a ‘‘Response Readiness Reserve’’ made

up of Federal and at least 500 non-federal employees who have volunteered for deployment and have the skills and training to provide assistance in support of stabilization and reconstruction activities overseas. Such a pool of reserves will include specialists in the

full spectrum of functions needed, from judicial experts to engineers. The Reserves would draw volunteers from the foreign affairs

agencies and other civilian Federal agencies, including the approximately 10,000 Foreign Service Nationals who are locally hired to

work in U.S. embassies around the world. Foreign Service Nationals have language skills, cultural sensitivity, and an understanding

of how the U.S. Government works abroad—all valuable resources

when addressing a variety of stabilization and reconstruction requirements. 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 and the

Reserves as a joint endeavor by the State Department and USAID

and intends that the current State-AID Policy Council, co-chaired

by the Deputy Secretary and the USAID Administrator, would provide the collaborative venue within which the required coordination

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and integration can take place in a way in which both agencies can

be strengthened to carry out stabilization and reconstruction activities. 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

and Reserves. The committee encourages the Secretary to develop

proposals to provide pay and benefit incentives to members of the

Corps and Reserves, 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 Secretary of Defense, the Administrator of the U.S. Agency for International Development, and the Secretary of the Army, the authority to develop and establish new stabilization and reconstruction

training curricula 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 deploys 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/scenario

training should be part of the course 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 be a key component of preparation for future actions. Also needed is training in conflict resolution. Post-conflict situations are dynamic and difficult in the best of circumstances and

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personnel should be trained with essential conflict and dispute resolution techniques.

Training should be available for both the Response Readiness

Corps and the Reserves, including volunteers from the private sector who have been accepted into the Reserves.

Section 9. Service Related to Stabilization and Reconstruction

This section is designed to encourage service in stabilization and

reconstruction activities which may fall outside the normal career

path of Foreign Service officers and USAID employees. It designates that certain service or assignment in these areas should be

considered among the favorable factors for promotion of employees

of executive agencies and authorizes the creation of incentives and

benefits as appropriate to recognize and reward participants. 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.

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 from advisors, experts, consultants and persons performing

services in any other capacity determined appropriate by the Secretary and directs the Secretary to supervise such volunteers. Finally, it provides that volunteers are not to be considered Federal

employees, except with regard to certain provisions of Federal law,

including conflict of interest requirements.

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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. Of that amount, $8

million is authorized to be appropriated to establish the Office of

International Stabilization and Reconstruction for salaries, overhead, travel, per diem and related costs.

V. COST ESTIMATE

In accordance with rule XXVI, paragraph 11(a) of the Standing

Rules of the Senate, the committee provides the following estimate

of the cost of this legislation prepared by the Congressional Budget

Office.

UNITED STATES CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 17, 2004.

Honorable RICHARD G. LUGAR, Chairman

Committee on Foreign Relations,

United States Senate,

Washington, DC.

DEAR MR. CHAIRMAN:

The Congressional Budget Office has prepared the enclosed cost

estimate for S. 2127, the Stabilization and Reconstruction Civilian

Management Act of 2004.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Joseph C. Whitehill.

Sincerely,

DOUGLAS HOLTZ-EAKIN, Director

Enclosure.

S. 2127—STABILIZATION AND RECONSTRUCTION CIVILIAN

MANAGEMENT ACT OF 2004

SUMMARY

S. 2127 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 authorize assistance to

respond to international crises through a new contingency fund and

it would establish an Office of International Stabilization and Reconstruction within the Department of State to provide civilian

management of stabilization and reconstruction efforts. The bill

would authorize an initial appropriation of $100 million for the contingency fund plus such sums as may be necessary to replenish

funds expended. It also would authorize $80 million for the initial

costs of salaries and expenses to establish and manage stabilization

and reconstruction efforts.

CBO estimates that implementing the bill would cost about $50

million in 2005 and $550 million over the 2005-2009 period, assumVerDate 11-MAY-2000 20:26 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 SRCMA.TXT SFORELA1 PsN: SFORELA1
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ing the appropriation of the necessary funds. The bill would not affect direct spending or receipts.

S. 2127 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA)

and would not affect the budgets of state, local, or tribal governments.

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of S. 2127 is shown in the following table. The costs of this legislation fall within budget function 150 (international affairs).

The estimated budgetary impact of S. 2127 is shown in the following table. The costs of this legislation fall within budget function 150 (international affairs).

By Fiscal Year, in Millions of Dollars

2004 2005 2006 2007 2008 2009

SPENDING SUBJECT TO APPROPRIATION

Proposed Spending for Stabilization

and Reconstruction under S. 2127

Estimated Authorization Level 0 180 101 149 153 156

Estimated Outlays 0 51 98 119 135 145

BASIS OF ESTIMATE

S. 2127 would provide the President with the authority and capacity to quickly respond to international crises using civilian

agencies of the federal government. For this estimate, CBO assumes the bill will be enacted before the end of the current session

of the Congress and that the $180 million in funds initially authorized to carry out the bill will be appropriated for 2005. CBO expects that implementing the bill would require additional appropriations in 2006 and each subsequent year.

Response Readiness Corps. The bill would establish a new office

within the Department of State with responsibility to monitor and

assess international crises, to prepare contingency plans for various

types of crises, to identify and train personnel with necessary skills

for stabilization and reconstruction operations, and to coordinate

the U.S. efforts should the President decide to respond to any crisis. The bill also would authorize the establishment of a response

readiness corps with up to 250 members to staff the office and for

deployment on short notice, plus a readiness reserve from current

federal employees and up to 500 non-federal personnel to support

operations if needed. Based on information about the cost of operating offices of comparable size within the State Department, CBO

estimates that once established, the office would have operating

costs of $40 million to $50 million a year. Assuming that it would

take a year to recruit and train the members of the readiness

corps, CBO estimates the $80 million authorized for salaries and

expenses would cover the first two years of operations.

In 2007 and each year thereafter, CBO estimates that maintaining the office and the readiness and reserve corps would require

the appropriation of $45 million in 2005 dollars, adjusted annually

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for inflation. We expect outlays would follow spending rates for diplomatic and consular programs.

Stabilization and Reconstruction Funding. S. 2127 would authorize the appropriation of $100 million for a contingency fund to respond to international crises should the President determine that

it is in the national interest to do so, plus such sums as may be

necessary to replenish amounts expended. In addition, the bill

would authorize the President to waive the percentage and aggregate dollar limitations in current law regarding various authorities

to draw down or to transfer resources to respond to such crises.

Given the size of the authorized fund, CBO estimates that the

fund would be used for an initial response to an international crisis

and not for major reconstruction efforts. Considering the number of

regions in the world in conflict or recovering from conflict and that

appropriations for the reconstruction of Iraq and Afghanistan have

totaled over $20 billion in 2003 and 2004, reconstruction could require much larger funding levels than the amounts authorized. For

this estimate, CBO assumes that the fund would be replenished on

an annual basis at the $100 million level, adjusted for inflation,

and that it would be used for a mix of activities with an aggregate

spending pattern similar to the Economic Support Fund.

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

S. 2127 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of

state, local, or tribal governments.

Estimate prepared by: Federal Costs: Joseph C. Whitehill. Impact on State, Local, and Tribal Governments: Melissa Merrill. Impact on the Private Sector: Paige Piper/Bach.

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

VI. EVALUATION OF REGULATORY IMPACT

In accordance with rule XXVI, paragraph 11(b) of the Standing

Rules of the Senate, the committee has concluded that there is no

regulatory impact from this legislation.

VII. CHANGES IN EXISTING LAW

In compliance with 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 law 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—GENERAL PROVISIONS

* * * * * * *

SEC. 617. TERMINATION OF ASSISTANCE.

* * * * * * *

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SEC. 618. ASSISTANCE FOR A STABILIZATION AND RECONSTRUCTION

CRISIS.

(a) AUTHORITY.—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 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.

(b) SPECIAL AUTHORITIES.—To provide assistance authorized in

subsection (a), the President may exercise the authorities contained

in sections 552(c)(2), 610, and 614 of this Act without regard to the

percentage and aggregate dollar limitations contained in such sections.

(c) AUTHORIZATION OF FUNDING.—

(1) INITIAL AUTHORIZATION.—There is authorized to be appropriated, without fiscal year limitation, $100,000,000 in funds

that may be used to provide assistance authorized in subsection

(a).

(2) REPLENISHMENT.—There is authorized to be appropriated

each fiscal year such sums as may be necessary to replenish

funds expended as provided under paragraph (1). Funds authorized to be appropriated under this paragraph shall be

available without fiscal year limitation for the same purpose

and under the same conditions as are provided under paragraph (1).

State Department Basic Authorities Act of 1956

* * * * * * *

TITLE I—BASIC AUTHORITIES GENERALLY

ORGANIZATION OF THE DEPARTMENT OF STATE

* * * * * * *

SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF

REFUGEES.

* * * * * * *

SEC. 59. INTERNATIONAL STABILIZATION AND RECONSTRUCTION.

(a) OFFICE OF INTERNATIONAL STABILIZATION AND RECONSTRUC- TION.—

(1) ESTABLISHMENT.—The Secretary shall establish within

the Department of State an Office of International Stabilization

and Reconstruction.

(2) COORDINATOR FOR INTERNATIONAL STABILIZATION AND RECONSTRUCTION.—The head of the Office shall be the Coordinator for International Stabilization and Reconstruction, 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 International

Stabilization and Reconstruction include the following:

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(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 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 Stabilization and Reconstruction Civilian Management Act of 2004.

(F) Identifying personnel in State and local governments

and in the private sector who are available to participate

in the Response Readiness Corps or the Response Readiness

Reserve established under subsection (b) or to otherwise

participate in or contribute to stabilization and reconstruction activities.

(G) Ensuring 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 with rapid response

elements of the United Nations and its specialized agencies,

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 International Stabilization and Reconstruction, shall—

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(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 FORCE.—

(1) RESPONSE READINESS CORPS.—

(A) ESTABLISHMENT AND PURPOSE.—The Secretary, in

consultation with the Administrator of the United States

Agency for International Development, is authorized to establish a Response Readiness Corps (hereafter referred to in

this section as the ‘‘Corps’’) to provide assistance in support

of stabilization and reconstruction activities in foreign

countries or regions that are in, or are in transition from,

conflict or civil strife.

(B) COMPOSITION.—The Secretary and Administrator of

the United States Agency for International Development

should coordinate in the recruitment, hiring, and training

of—

(i) up to 250 personnel to serve in the Corps; and

(ii) such other personnel as the Secretary, in consultation with the Administrator, may designate as

members of the Corps from among employees of the Department of State and the United States Agency for

International Development.

(C) TRAINING.—The Secretary shall train the members of

the Corps to perform services necessary to carry out the

purpose of the Corps under subparagraph (A).

(D) COMPENSATION.—Members of the Corps hired under

subparagraph (B)(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 and 22 U.S.C. 3963), or in accordance with the relevant authority under sections 3101 and

3392 of title 5, United States Code.

(2) RESPONSE READINESS RESERVE.—

(A) ESTABLISHMENT AND PURPOSE.—The Secretary, in

consultation with the heads of other relevant Executive

agencies, is authorized to establish and maintain a roster

of personnel who are trained and available as needed to

perform services necessary to carry out the purpose of the

Corps under paragraph (1)(A). The personnel listed on the

roster shall constitute a Response Readiness Reserve to

augment the Corps.

(B) FEDERAL EMPLOYEES.—The Response Readiness Reserve 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 from

the legislative and judicial branches who—

15

(i) have the training and skills necessary to enable

them to contribute to stabilization and reconstruction

activities; and

(ii) have volunteered for deployment to carry out stabilization and reconstruction activities.

(C) NON-FEDERAL PERSONNEL.—The Response Readiness

Reserve should also include at least 500 personnel, which

may include retired employees of the Federal Government,

contractor personnel, nongovernmental organization personnel, and State and local government employees, who—

(i) have the training and skills necessary to enable

them to contribute to stabilization and reconstruction

activities; and

(ii) have volunteered to carry out stabilization and

reconstruction activities.

(3) USE OF CORPS AND RESERVE.—

(A) RESPONSE READINESS CORPS.—The members of the

Corps shall be available—

(i) if responding in support of stabilization and reconstruction activities pursuant to a determination by

the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance

Act of 1961, for deployment in support of such activities; and

(ii) if not responding as described in clause (i), for

assignment in the United States, United States diplomatic missions, and United States Agency for International Development missions.

(B) RESPONSE READINESS RESERVE.—The Secretary may

deploy members of the reserve under paragraph (2) 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) * * *

* * * * * * *

(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 shall include the

following:

16

(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.

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