1.This Act may be cited as the
Reconstruction and Stabilization
Civilian Management Act of 2006
.
2.
(a)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)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.
3.In this Act:
(1)The
term Administrator means the Administrator of the United States
Agency for International Development.
(2)Appropriate
congressional committeesThe 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)Except
as otherwise provided in this Act, the term Department means the
Department of State.
(4)The term executive agency has the meaning
given that term in section 105 of title 5, United States Code.
(5)The
term Secretary means the Secretary of State.
4.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.
5.Authority to
provide assistance for Reconstruction and Stabilization crisesChapter 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:
618.Assistance for
a Reconstruction and Stabilization crisis
(a)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)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)
(1)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 CorpsOf 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)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).
.
6.Office of the
Coordinator for Reconstruction and StabilizationTitle 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:
61.Reconstruction
and Stabilization
(a)Office of the
Coordinator for Reconstruction and Stabilization
(1)There
is established within the Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
(2)Coordinator for
reconstruction and stabilizationThe 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)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 CrisisIf 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.
.
7.
(a)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)
(1)Response
readiness active duty personnel
(A)Establishment
and purposeThe 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)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)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)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 purposeThe 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)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)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 componentThe 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 componentThe 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)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)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).
8.Stabilization
and reconstruction training and educationSection 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 missionThe 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)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.
.
9.Service related
to stabilization and reconstruction
(a)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 PromotionThe 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 BenefitsThe 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.
10.Authorities
related to personnel
(a)
(1)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)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)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 DetailsThe 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 systemNotwithstanding 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 CapThe 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 BenefitsThe 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)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)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)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)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 employeesA 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)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 protectionSection 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)The Secretary may establish temporary advisory
commissions composed of individuals with appropriate expertise to facilitate
the carrying out of this Act.
(2)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.
11.Authorization
of appropriationsThere 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.