[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3322 Considered and Passed Senate (CPS)]








109th CONGRESS
  2d Session
                                S. 3322

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2006

 Mr. Lugar (for himself, Mr. Biden, Mr. Hagel, Mr. Alexander, and Mr. 
     Warner) introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 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 ``Reconstruction and Stabilization 
Civilian Management Act of 2006''.

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 
continued 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 reconstruction and 
stabilization activities in a country or region that is at risk of, 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.--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 reconstruction and 
        stabilization activities in foreign countries or regions that 
        are at risk of, in, or are in transition from, conflict or 
        civil strife;
            (2) the capability of civilian agencies of the United 
        States Government to carry out reconstruction and stabilization 
        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 reconstruction and stabilization 
        activities in such countries or regions;
            (4) the executive branch has taken a number of steps to 
        strengthen civilian capability, including the establishment of 
        an office headed by a Coordinator for Reconstruction and 
        Stabilization in the Department, the Presidential designation 
        of the Secretary as the interagency coordinator and leader of 
        reconstruction and stabilization efforts, and Department of 
        Defense directives to the military to support the Office of 
        Reconstruction and Stabilization and to work closely with 
        counterparts in the Department of State and other civilian 
        agencies to develop and enhance personnel, training, planning, 
        and analysis;
            (5) the Secretary and the Administrator should work with 
        the Secretary of Defense to augment existing personnel exchange 
        programs 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
            (6) 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 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) 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 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), 
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.--In furtherance of a determination made 
under subsection (a), the President may exercise the authorities 
contained in sections 552(c)(2) and 610 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, $75,000,000 in 
        funds that may be used to provide assistance authorized in 
        subsection (a) and, to the extent authorized under paragraph 
        (2), for the purpose described in such paragraph.
            ``(2) Availability of funds for response readiness corps.--
        Of the amount made available pursuant to paragraph (1) for 
        fiscal year 2007, $25,000,000 may be made available for 
        expenses related to the development, training, and operations 
        of the Response Readiness Corps established under section 61(c) 
        of the State Department Basic Authorities Act of 1956. The 
        availability of such funds shall not be subject to a 
        determination by the President under subsection (a).
            ``(3) 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 THE COORDINATOR FOR RECONSTRUCTION AND STABILIZATION.

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

``SEC. 61. 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 and 
        shall have the rank and status of Ambassador at Large.
            ``(3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization 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 at risk of, 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 Reconstruction and Stabilization 
                Civilian Management Act of 2006.
                    ``(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) Taking steps to ensure 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, as 
                appropriate, with the United Nations and its 
                specialized agencies, the North Atlantic Treaty 
                Organization, 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 Reconstruction and Stabilization, 
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 61 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 Corps.--
            ``(1) Response readiness active duty personnel.--
                    ``(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 at risk of, 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 
                        active duty 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 is authorized to 
                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 duty personnel.--
                    ``(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 
                reserve component of the Response Readiness Corps.
                    ``(B) Federal employees.--The Response Readiness 
                reserve component 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 component 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 response readiness corps.--
                    ``(A) Response readiness active duty component.--
                The members of the active duty Corps are authorized to 
                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 component.--The 
                Secretary may deploy members of the reserve component 
                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 61(c)(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 under this section. The report should 
include recommendations for any legislation necessary to implement 
subsection (a).

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 should 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 61(c) 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 as needed 
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.--
            (1) In general.--The Secretary, or the Administrator with 
        the concurrence of the Secretary, may enter into contracts to 
        procure the services of nationals of the United States (as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)) or aliens authorized to 
        be employed in the United States as personal services 
        contractors for the purpose of carrying out this Act, without 
        regard to Civil Service or classification laws, for service in 
        the Office of the Coordinator for Reconstruction and 
        Stabilization or for service in foreign countries to assist in 
        stabilizing and reconstructing a country or region that is at 
        risk of, in, or is in transition from, conflict or civil 
        strife.
            (2) Not employees.--Individuals performing services under 
        contracts described in paragraph (1) 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 Administrator may determine the applicability to 
        such individuals of any law administered by the Secretary or 
        Administrator concerning the performance of such services by 
        such individuals).
    (b) Experts and Consultants.--The Secretary and the Administrator 
may, to the extent necessary to obtain services without delay, employ 
experts and consultants under section 3109 of title 5, United States 
Code, for the purpose of carrying out this Act, 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 is 
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 for the 
purpose of carrying out 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 for 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 or the head of another executive agency, as 
authorized by the Secretary, may waive the application of subsections 
(a) through (h) of such section 8344 and subsections (a) through (e) of 
such section 8468 with respect to annuitants under the Civil Service 
Retirement System or the Federal Employees Retirement System who are 
assigned, detailed, or deployed to assist in stabilizing and 
reconstructing a country or region that is at risk of, in, or is in 
transition from, conflict or civil strife during the period of their 
reemployment.
    (e) Increase in Premium Pay Cap.--The Secretary, or the head of 
another executive agency as authorized by the Secretary, may compensate 
an employee detailed, assigned, or deployed to assist in stabilizing 
and reconstructing a country or region that is at risk of, in, or is in 
transition from, conflict or civil strife, 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.
    (f) Extension of Certain Foreign Service Benefits.--The Secretary, 
or the head of another executive agency as authorized by 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.
    (g) Compensatory Time.--Notwithstanding any other provision of law, 
the Secretary 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.
    (h) Acceptance of Volunteer Services.--
            (1) In general.--The Secretary may accept volunteer 
        services for the purpose of carrying out this Act 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 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 law 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 11 of title 18, United States Code, 
                relating to conflicts of interest.
            (5) Applicability of law relating to volunteer liability 
        protection.--
                    (A) In general.--A person providing volunteer 
                services accepted under this section shall be deemed to 
                be a volunteer of a nonprofit organization or 
                governmental entity, with respect to the accepted 
                services, for purposes of the Volunteer Protection Act 
                of 1997 (42 U.S.C. 14501 et seq.).
                    (B) Inapplicability of exceptions to volunteer 
                liability protection.--Section 4(d) of such Act (42 
                U.S.C. 14503(d)) does not apply with respect to the 
                liability of a person with respect to services of such 
                person that are accepted under this section.
    (i) Authority for Outside Advisors.--
            (1) In general.--The Secretary may establish temporary 
        advisory commissions composed of individuals with appropriate 
        expertise to facilitate the carrying out of this Act.
            (2) Inapplicability of faca.--The requirements of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the activities of a commission established under this 
        subsection.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $80,000,000 for fiscal year 
2007 for personnel, education and training, equipment, and travel costs 
for purposes of carrying out this Act and the amendments made by this 
Act.
                                 <all>