[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1084 Placed on Calendar Senate (PCS)]
Calendar No. 609
110th CONGRESS
2d Session
H. R. 1084
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2008
Received and read the first time
March 7, 2008
Read the second time and placed on the calendar
_______________________________________________________________________
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:
LORRAINE C. MILLER,
Clerk.
Calendar No. 609
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.
_______________________________________________________________________
March 7, 2008
Read the second time and placed on the calendar