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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1084 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 1084

_______________________________________________________________________

                                 AN ACT

 
To amend the Foreign Assistance Act of 1961, the State Department Basic 
 Authorities Act of 1956, and the Foreign Service Act of 1980 to build 
  operational readiness in civilian agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reconstruction and Stabilization 
Civilian Management Act of 2008''.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) In June 2004, the Office of the Coordinator for 
        Reconstruction and Stabilization (referred to as the 
        ``Coordinator'') was established in the Department of State 
        with the mandate to lead, coordinate, and institutionalize 
        United States Government civilian capacity to prevent or 
        prepare for post-conflict situations and help reconstruct and 
        stabilize a country or region that is at risk of, in, or is in 
        transition from, conflict or civil strife.
            (2) In December 2005, the Coordinator's mandate was 
        reaffirmed by the National Security Presidential Directive 44, 
        which instructed the Secretary of State, and at the Secretary's 
        direction, the Coordinator, to coordinate and lead integrated 
        United States Government efforts, involving all United States 
        departments and agencies with relevant capabilities, to 
        prepare, plan for, and conduct reconstruction and stabilization 
        operations.
            (3) National Security Presidential Directive 44 assigns to 
        the Secretary, with the Coordinator's assistance, the lead role 
        to develop reconstruction and stabilization strategies, ensure 
        civilian interagency program and policy coordination, 
        coordinate interagency processes to identify countries at risk 
        of instability, provide decision-makers with detailed options 
        for an integrated United States Government response in 
        connection with reconstruction and stabilization operations, 
        and carry out a wide range of other actions, including the 
        development of a civilian surge capacity to meet reconstruction 
        and stabilization emergencies. The Secretary and the 
        Coordinator are also charged with coordinating with the 
        Department of Defense on reconstruction and stabilization 
        responses, and integrating planning and implementing 
        procedures.
            (4) The Department of Defense issued Directive 3000.05, 
        which establishes that stability operations are a core United 
        States military mission that the Department of Defense must be 
        prepared to conduct and support, provides guidance on stability 
        operations that will evolve over time, and assigns 
        responsibilities within the Department of Defense for planning, 
        training, and preparing to conduct and support stability 
        operations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Agency.--The term ``agency'' means any entity included 
        in chapter 1 of title 5, United States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (4) Department.--Except as otherwise provided in this Act, 
        the term ``Department'' means the Department of State.
            (5) Personnel.--The term ``personnel'' means individuals 
        serving in any service described in section 2101 of title 5, 
        United States Code, other than in the legislative or judicial 
        branch.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 4. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND 
              STABILIZATION CRISES.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2351 et seq.) is amended by inserting after section 617 the 
following new section:

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

    ``(a) Assistance.--
            ``(1) In general.--If the President determines that it is 
        in the national security interests of the United States for 
        United States civilian agencies or non-Federal employees to 
        assist in reconstructing and stabilizing a country or region 
        that is at risk of, in, or is in transition from, conflict or 
        civil strife, the President may, in accordance with the 
        provisions set forth in section 614(a)(3), subject to paragraph 
        (2) of this subsection but notwithstanding any other provision 
        of law, and on such terms and conditions as the President may 
        determine, furnish assistance to such country or region for 
        reconstruction or stabilization using funds under paragraph 
        (3).
            ``(2) Pre-notification requirement.--The President may not 
        furnish assistance pursuant to paragraph (1) until five days 
        (excepting Saturdays, Sundays, and legal public holidays) after 
        the requirements under section 614(a)(3) of this Act are 
        carried out.
            ``(3) Funds.--The funds referred to in paragraph (1) are 
        funds made available under any other provision of law and under 
        other provisions of this Act, and transferred or reprogrammed 
        for purposes of this section, and such transfer or 
        reprogramming shall be subject to the procedures applicable to 
        a notification under section 634A of this Act.
    ``(b) Limitation.--The authority contained in this section may be 
exercised only during fiscal years 2008, 2009, and 2010, except that 
the authority may not be exercised to furnish more than $100,000,000 in 
any such fiscal year.''.

SEC. 5. RECONSTRUCTION AND STABILIZATION.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following new 
section:

``SEC. 62. RECONSTRUCTION AND STABILIZATION.

    ``(a) Office of the Coordinator for Reconstruction and 
Stabilization.--
            ``(1) Establishment.--There is established within the 
        Department of State the Office of the Coordinator for 
        Reconstruction and Stabilization.
            ``(2) Coordinator for reconstruction and stabilization.--
        The head of the Office shall be the Coordinator for 
        Reconstruction and Stabilization, who shall be appointed by the 
        President, by and with the advice and consent of the Senate. 
        The Coordinator shall report directly to the Secretary.
            ``(3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization shall include 
        the following:
                    ``(A) Monitoring, in coordination with relevant 
                bureaus and offices of the Department of State and the 
                United States Agency for International Development 
                (USAID), political and economic instability worldwide 
                to anticipate the need for mobilizing United States and 
                international assistance for the reconstruction and 
                stabilization of a country or region that is at risk 
                of, in, or are in transition from, conflict or civil 
                strife.
                    ``(B) Assessing the various types of reconstruction 
                and stabilization crises that could occur and 
                cataloging and monitoring the non-military resources 
                and capabilities of agencies (as such term is defined 
                in section 3 of the Reconstruction and Stabilization 
                Civilian Management Act of 2008) that are available to 
                address such crises.
                    ``(C) Planning, in conjunction with USAID, to 
                address requirements, such as demobilization, 
                disarmament, rebuilding of civil society, policing, 
                human rights monitoring, and public information, that 
                commonly arise in reconstruction and stabilization 
                crises.
                    ``(D) Coordinating with relevant agencies to 
                develop interagency contingency plans and procedures to 
                mobilize and deploy civilian personnel and conduct 
                reconstruction and stabilization operations to address 
                the various types of such crises.
                    ``(E) Entering into appropriate arrangements with 
                agencies to carry out activities under this section and 
                the Reconstruction and Stabilization Civilian 
                Management Act of 2008.
                    ``(F) Identifying personnel in State and local 
                governments and in the private sector who are available 
                to participate in the Civilian Reserve Corps 
                established under subsection (b) or to otherwise 
                participate in or contribute to reconstruction and 
                stabilization activities.
                    ``(G) Taking steps to ensure that training and 
                education of civilian personnel to perform such 
                reconstruction and stabilization activities is adequate 
                and is carried out, as appropriate, with other agencies 
                involved with stabilization operations.
                    ``(H) Taking steps to ensure that plans for United 
                States reconstruction and stabilization operations are 
                coordinated with and complementary to reconstruction 
                and stabilization activities of other governments and 
                international and nongovernmental organizations, to 
                improve effectiveness and avoid duplication.
                    ``(I) Maintaining the capacity to field on short 
                notice an evaluation team consisting of personnel from 
                all relevant agencies to undertake on-site needs 
                assessment.
    ``(b) Response Readiness Corps.--
            ``(1) Response readiness corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development and the heads of other 
        appropriate agencies of the United States Government, may 
        establish and maintain a Response Readiness Corps (referred to 
        in this section as the `Corps') to provide assistance in 
        support of reconstruction and stabilization operations in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife. The Corps shall be 
        composed of active and standby components consisting of United 
        States Government personnel, including employees of the 
        Department of State, the United States Agency for International 
        Development, and other agencies who are recruited and trained 
        (and employed in the case of the active component) to provide 
        such assistance when deployed to do so by the Secretary to 
        support the purposes of this Act.
            ``(2) Civilian reserve corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development, may establish a Civilian Reserve 
        Corps for which purpose the Secretary is authorized to employ 
        and train individuals who have the skills necessary for 
        carrying out reconstruction and stabilization activities, and 
        who have volunteered for that purpose. The Secretary may deploy 
        members of the Civilian Reserve Corps pursuant to a 
        determination by the President under section 618 of the Foreign 
        Assistance Act of 1961.
            ``(3) Mitigation of domestic impact.--The establishment and 
        deployment of any Civilian Reserve Corps shall be undertaken in 
        a manner that will avoid substantively impairing the capacity 
        and readiness of any State and local governments from which 
        Civilian Reserve Corps personnel may be drawn.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State such sums as may be necessary 
for fiscal years 2007 through 2010 for the Office and to support, 
educate, train, maintain, and deploy a Response Readiness Corps and a 
Civilian Reserve Corps.
    ``(d) Existing Training and Education Programs.--The Secretary 
shall ensure that personnel of the Department, and, in coordination 
with the Administrator of USAID, that personnel of USAID, make use of 
the relevant existing training and education programs offered within 
the Government, such as those at the Center for Stabilization and 
Reconstruction Studies at the Naval Postgraduate School and the 
Interagency Training, Education, and After Action Review Program at the 
National Defense University.''.

SEC. 6. AUTHORITIES RELATED TO PERSONNEL.

    (a) Extension of Certain Foreign Service Benefits.--The Secretary, 
or the head of any agency with respect to personnel of that agency, may 
extend to any individuals assigned, detailed, or deployed to carry out 
reconstruction and stabilization activities pursuant to section 62 of 
the State Department Basic Authorities Act of 1956 (as added by section 
5 of this Act), the benefits or privileges set forth in sections 413, 
704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22 
U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that 
such benefits and privileges are extended to members of the Foreign 
Service.
    (b) Authority Regarding Details.--The Secretary is authorized to 
accept details or assignments of any personnel, and any employee of a 
State or local government, on a reimbursable or nonreimbursable basis 
for the purpose of carrying out this Act, and the head of any agency is 
authorized to detail or assign personnel of such agency on a 
reimbursable or nonreimbursable basis to the Department of State for 
purposes of section 62 of the State Department Basic Authorities Act of 
1956, as added by section 5 of this Act.

SEC. 7. RECONSTRUCTION AND STABILIZATION STRATEGY.

    (a) In General.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond to 
reconstruction and stabilization operations.
    (b) Contents.--The strategy required under subsection (a) shall 
include the following:
            (1) Identification of and efforts to improve the skills 
        sets needed to respond to and support reconstruction and 
        stabilization operations in countries or regions that are at 
        risk of, in, or are in transition from, conflict or civil 
        strife.
            (2) Identification of specific agencies that can adequately 
        satisfy the skills sets referred to in paragraph (1).
            (3) Efforts to increase training of Federal civilian 
        personnel to carry out reconstruction and stabilization 
        activities.
            (4) Efforts to develop a database of proven and best 
        practices based on previous reconstruction and stabilization 
        operations.
            (5) A plan to coordinate the activities of agencies 
        involved in reconstruction and stabilization operations.

SEC. 8. ANNUAL REPORTS TO CONGRESS.

    Not later than 180 days after the date of the enactment of this Act 
and annually for each of the five years thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
on the implementation of this Act. The report shall include detailed 
information on the following:
            (1) Any steps taken to establish a Response Readiness Corps 
        and a Civilian Reserve Corps, pursuant to section 62 of the 
        State Department Basic Authorities Act of 1956 (as added by 
        section 5 of this Act).
            (2) The structure, operations, and cost of the Response 
        Readiness Corps and the Civilian Reserve Corps, if established.
            (3) How the Response Readiness Corps and the Civilian 
        Reserve Corps coordinate, interact, and work with other United 
        States foreign assistance programs.
            (4) An assessment of the impact that deployment of the 
        Civilian Reserve Corps, if any, has had on the capacity and 
        readiness of any domestic agencies or State and local 
        governments from which Civilian Reserve Corps personnel are 
        drawn.
            (5) The reconstruction and stabilization strategy required 
        by section 7 and any annual updates to that strategy.
            (6) Recommendations to improve implementation of subsection 
        (b) of section 62 of the State Department Basic Authorities Act 
        of 1956, including measures to enhance the recruitment and 
        retention of an effective Civilian Reserve Corps.
            (7) A description of anticipated costs associated with the 
        development, annual sustainment, and deployment of the Civilian 
        Reserve Corps.

            Passed the House of Representatives March 5, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 1084

_______________________________________________________________________

                                 AN ACT

To amend the Foreign Assistance Act of 1961, the State Department Basic 
 Authorities Act of 1956, and the Foreign Service Act of 1980 to build 
  operational readiness in civilian agencies, and for other purposes.
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