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108th CONGRESS
2d Session
H. R. 3996
To build operational readiness in civilian agencies, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2004
Mr. Schiff (for himself, Mr. Shays, Mr. Frost, Mr. Blumenauer, Ms.
Jackson-Lee of Texas, Mr. Case, and Ms. McCarthy of Missouri)
introduced the following bill; which was referred to the Committee on
International Relations
_______________________________________________________________________
A BILL
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 ``Stabilization and Reconstruction
Civilian Management Act of 2004''.
SEC. 2. FINDING; PURPOSE.
(a) Finding.--Congress finds that the resources of the United
States Armed Forces have been burdened by having to undertake
stabilization and reconstruction tasks in the Balkans, Afghanistan,
Iraq, and other countries of the world that could have been performed
by civilians, which has resulted in lengthy deployments for Armed
Forces personnel.
(b) Purpose.--The purpose of this Act is to provide for the
development, as a core mission of the Department of State and the
United States Agency for International Development, of an effective
expert civilian response capability to carry out stabilization and
reconstruction activities in a country or region that is in, or is in
transition from, conflict or civil strife.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(3) Department.--Except as otherwise provided in this Act,
the term ``Department'' means the Department of State.
(4) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(5) Secretary.--Except as otherwise specifically provided
in this Act, the term ``Secretary'' means the Secretary of
State.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the civilian element of United States joint civilian-
military operations should be strengthened in order to enhance
the execution of current and future stabilization and
reconstruction activities in foreign countries or regions that
are in, or are in transition from, conflict or civil strife;
(2) the capability of civilian agencies of the United
States Government to carry out stabilization and reconstruction
activities in such countries or regions should also be enhanced
through a new rapid response corps of civilian experts
supported by the establishment of a new system of planning,
organization, personnel policies, and education and training,
and the provision of adequate resources;
(3) the international community, including nongovernmental
organizations, and the United Nations and its specialized
agencies, should be further encouraged to participate in
planning and organizing stabilization and reconstruction
activities in such countries or regions;
(4) the President should establish a new directorate of
stabilization and reconstruction activities within the National
Security Council to oversee the development of interagency
contingency plans and procedures, including plans and
procedures for joint civilian-military operations, to address
stabilization and reconstruction requirements in such countries
or regions;
(5) the President should establish a standing committee to
exercise responsibility for overseeing the formulation and
execution of stabilization and reconstruction policy in order
to ensure appropriate interagency coordination in the planning
and execution of stabilization and reconstruction activities,
including joint civilian-military operations, of the United
States Government, and should provide for the committee--
(A) to be chaired by the Assistant to the President
for National Security Affairs; and
(B) to include the heads of--
(i) the Department;
(ii) the United States Agency for
International Development;
(iii) the Department of Labor;
(iv) the Department of Commerce;
(v) the Department of Justice;
(vi) the Department of the Treasury;
(vii) the Department of Agriculture;
(viii) the Department of Defense; and
(ix) other Executive agencies as
appropriate;
(6) the Secretary and the Administrator should work with
the Secretary of Defense to establish a personnel exchange
program among the Department, the United States Agency for
International Development, and the Department of Defense,
including the regional commands and the Joint Staff, to enhance
the stabilization and reconstruction skills of military and
civilian personnel and their ability to undertake joint
operations; and
(7) the heads of other Executive agencies should establish
personnel exchange programs that are designed to enhance the
stabilization and reconstruction skills of military and
civilian personnel.
SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE FOR STABILIZATION AND
RECONSTRUCTION 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 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
and authorize the export of goods and services needed 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).''.
SEC. 6. OFFICE OF INTERNATIONAL STABILIZATION AND RECONSTRUCTION.
Title I of the State Department Basic Authorities Act of 1956 is
amended by adding after section 58 (22 U.S.C. 2730) the following new
section:
``SEC. 59. INTERNATIONAL STABILIZATION AND RECONSTRUCTION.
``(a) Office of International Stabilization and Reconstruction.--
``(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:
``(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
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 International Stabilization and
Reconstruction, 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.''.
SEC. 7. RESPONSE READINESS CORPS.
(a) In General.--Section 59 of the State Department Basic
Authorities Act of 1956 (as added by section 6) is amended by adding at
the end the following new subsection:
``(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
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