[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2127 Reported in Senate (RS)]






                                                       Calendar No. 460
108th CONGRESS
  2d Session
                                S. 2127

                          [Report No. 108-247]

  To build operational readiness in civilian agencies, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2004

   Mr. Lugar (for himself, Mr. Biden, and Mr. Hagel) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                             March 18, 2004

Reported, under authority of the order of the Senate of March 12, 2004, 
                    by Mr. Lugar, without amendment

_______________________________________________________________________

                                 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 
                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--
                            ``(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.''.
    (b) Employment Authority.--The full-time personnel authorized to be 
employed in the Response Readiness Corps under section 59(b)(1)(B)(i) 
of the State Department Basic Authorities Act of 1956 (as added by 
subsection (a)) are in addition to any other full-time personnel of the 
Department or the United States Agency for International Development 
authorized to be employed under any other provision of law.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the status of efforts to establish 
the Response Readiness Corps and the Response Readiness Reserve under 
this section. The report shall include recommendations--
            (1) for any legislation necessary to implement subsection 
        (a); and
            (2) related to the regulation and structure of the Response 
        Readiness Corps and the Response Readiness Reserve, including 
        with respect to pay and employment security for, and benefit 
and retirement matters related to, such individuals.

SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING AND EDUCATION.

    Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(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:
                    ``(A) An overview of the global security 
                environment, including an assessment of transnational 
                threats and an analysis of United States policy options 
                to address such threats.
                    ``(B) A review of lessons learned from previous 
                United States and international experiences in 
                stabilization and reconstruction activities.
                    ``(C) An overview of the relevant responsibilities, 
                capabilities, and limitations of various Executive 
                agencies (as that term is defined in section 105 of 
                title 5, United States Code) and the interactions among 
                them.
                    ``(D) A discussion of the international resources 
                available to address stabilization and reconstruction 
                requirements, including resources of the United Nations 
                and its specialized agencies, nongovernmental 
                organizations, private and voluntary organizations, and 
                foreign governments, together with an examination of 
                the successes and failures experienced by the United 
                States in working with such entities.
                    ``(E) A study of the United States interagency 
                system.
                    ``(F) Foreign language training.
                    ``(G) Training and simulation exercises for joint 
                civilian-military emergency response operations.''.

SEC. 9. SERVICE RELATED TO STABILIZATION AND RECONSTRUCTION.

    (a) Promotion Purposes.--Service in stabilization and 
reconstruction operations overseas, membership in the Response 
Readiness Corps under section 59(b) of the State Department Basic 
Authorities Act of 1956 (as added by section 7), and education and 
training in the stabilization and reconstruction curriculum established 
under section 701(g) of the Foreign Service Act of 1980 (as added by 
section 8) should be considered among the favorable factors for the 
promotion of employees of Executive agencies.
    (b) Personnel Training and Promotion.--The Secretary and the 
Administrator should take steps to ensure that, not later than 3 years 
after the date of the enactment of this Act, at least 10 percent of the 
employees of the Department and the United States Agency for 
International Development in the United States are members of the 
Response Readiness Corps or are trained in the activities of, or 
identified for potential deployment in support of, the Response 
Readiness Corps. The Secretary should provide such training to 
Ambassadors and Deputy Chiefs of Mission.
    (c) Other Incentives and Benefits.--The Secretary and the 
Administrator may establish and administer a system of awards and other 
incentives and benefits to confer appropriate recognition on and reward 
any individual who is assigned, detailed, or deployed to carry out 
stabilization or reconstruction activities in accordance with this Act.

SEC. 10. AUTHORITIES RELATED TO PERSONNEL.

    (a) Contracting Authority.--The Secretary, or the head of another 
Executive agency authorized by the Secretary, may, upon a determination 
by the President regarding a stabilization and reconstruction crisis 
under section 618 of the Foreign Assistance Act of 1961, procure the 
services of individuals or organizations by contract to carry out the 
purposes of this Act. Individuals so performing such services shall not 
by virtue of performing such services be considered to be employees of 
the United States Government for purposes of any law administered by 
the Office of Personnel Management (except that the Secretary or other 
authorized Executive agency head may determine the applicability to 
such individuals of any law administered by the Secretary or other 
authorized Executive agency head concerning the performance of such 
services by such individuals).
    (b)  Experts and Consultants.--Upon a determination by the 
President regarding a stabilization and reconstruction crisis under 
section 618 of the Foreign Assistance Act of 1961, the Secretary and 
Administrator may, to the extent necessary to obtain services without 
delay, employ experts and consultants under section 3109 of title 5, 
United States Code, without requiring compliance with any otherwise 
applicable requirements for that employment as the Secretary or 
Administrator may determine, except that such employment shall be 
terminated after 60 days if by that time the applicable requirements 
are not complied with.
    (c) Authority to Accept and Assign Details.--The Secretary and the 
Administrator are authorized to accept details or assignments of 
employees of Executive agencies, members of the uniformed services, and 
employees of State or local governments on a reimbursable or 
nonreimbursable basis in order to meet the purposes of this Act. The 
assignment of an employee of a State or local government under this 
subsection shall be consistent with subchapter VI of chapter 33 of 
title 5, United States Code.
    (d) Dual Compensation Waiver.--
            (1) Annuitants under civil service retirement system and 
        federal employees retirement system.--Notwithstanding sections 
        8344(i) and 8468(f) of title 5, United States Code, the 
        Secretary and the Administrator may waive the application of 
        the provisions of sections 8344 (a) through (h) and 8468 (a) 
through (e) of title 5, United States Code, with respect to annuitants 
under the Civil Service Retirement System or the Federal Employees 
Retirement System who are assigned, detailed, or deployed to carry out 
stabilization and reconstruction activities in accordance with this Act 
during the period of their reemployment.
            (2) Annuitants under foreign service retirement and 
        disability system and foreign service pension system.--The 
        Secretary may waive the application of subsections (a) through 
        (d) of section 824 of the Foreign Service Act (22 U.S.C. 4064), 
        for annuitants under the Foreign Service Retirement and 
        Disability System or the Foreign Service Pension System who are 
        reemployed on a temporary basis in order to be assigned, 
        detailed, or deployed to carry out stabilization and 
        reconstruction activities in accordance with this Act.
    (e) Extension of Certain Foreign Service Benefits.--The Secretary 
may extend to any individuals assigned, detailed, or deployed to carry 
out stabilization and reconstruction activities in accordance with this 
Act the benefits or privileges set forth in sections 412, 413, 704, and 
901 of the Foreign Service Act of 1980 (22 U.S.C. 972, 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.
    (f) Compensatory Time.--Notwithstanding any other provision of law, 
the Secretary and the Administrator may, subject to the consent of an 
individual who is assigned, detailed, or deployed to carry out 
stabilization and reconstruction activities in accordance with this 
Act, grant such individual compensatory time off for an equal amount of 
time spent in regularly or irregularly scheduled overtime work. Credit 
for compensatory time off earned shall not form the basis for any 
additional compensation. Any such compensatory time not used within 26 
pay periods shall be forfeited.
    (g) Increase in Premium Pay Cap.--The Secretary is authorized to 
compensate an employee detailed, assigned, or deployed to carry out 
stabilization and reconstruction activities in accordance with this Act 
without regard to the limitations on premium pay set forth in section 
5547 of title 5, United States Code, to the extent that the aggregate 
of the basic pay and premium pay of such employee for a year does not 
exceed the annual rate payable for level II of the Executive Schedule.
    (h) Acceptance of Volunteer Services.--
            (1) In general.--The Secretary, or the head of an Executive 
        agency authorized by the Secretary, may, upon a determination 
        by the President regarding a stabilization and reconstruction 
        crisis under section 618 of the Foreign Assistance Act of 1961, 
        accept volunteer services to carry out stabilization and 
        reconstruction activities under this Act and section 59 of the 
        State Department Basic Authorities Act of 1956 without regard 
        to section 1342 of title 31, United States Code.
            (2) Types of volunteers.--Donors of voluntary services 
        accepted for purposes of this section may include--
                    (A) advisors;
                    (B) experts;
                    (C) consultants; and
                    (D) persons performing services in any other 
                capacity determined appropriate by the Secretary.
            (3) Supervision.--The Secretary, or the head of an 
        Executive agency authorized by the Secretary, shall--
                    (A) ensure that each person performing voluntary 
                services accepted under this section is notified of the 
                scope of the voluntary services accepted;
                    (B) supervise the volunteer to the same extent as 
                employees receiving compensation for similar services; 
                and
                    (C) ensure that the volunteer has appropriate 
                credentials or is otherwise qualified to perform in 
                each capacity for which the volunteer's services are 
                accepted.
            (4) Applicability of provisions relating to federal 
        government employees.--A person providing volunteer services 
        accepted under this section shall not be considered an employee 
        of the Federal Government in the performance of those services, 
        except for the purposes of the following provisions of law:
                    (A) Chapter 81 of title 5, United States Code, 
                relating to compensation for work-related injuries.
                    (B) Chapter 171 of title 28, United States Code, 
                relating to tort claims.
                    (C) Chapter 11 of title 18, United States Code, 
                relating to conflicts of interest.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $80,000,000 
for personnel, education and training, equipment, and travel costs for 
purposes of carrying out this Act and the amendments made by this Act.
    (b) Office of International Stabilization and Reconstruction.--Of 
the amounts authorized to be appropriated in subsection (a), $8,000,000 
is authorized to be made available to pay the salaries, overhead, 
travel, per diem, and related costs associated with establishing and 
operating the Office of International Stabilization described in 
section 59 of the State Department Basic Authorities Act of 1956 (as 
added by sections 6 and 7).




                                                       Calendar No. 460

108th CONGRESS

  2d Session

                                S. 2127

                          [Report No. 108-247]

_______________________________________________________________________

                                 A BILL

  To build operational readiness in civilian agencies, and for other 
                               purposes.

_______________________________________________________________________

                             March 18, 2004

Reported, under authority of the order of the Senate of March 12, 2004, 
                           without amendment