1.This Act may be cited as the
Reconstruction and Stabilization
Civilian Management Act of 2007
.
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—
(A)the Committee on Foreign Relations of the
Senate; and
(B)the Committee on Foreign Affairs 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)
(1)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 using funds referred to in
paragraph (2).
(2)The funds referred to in this paragraph are
funds as follows:
(A)Funds made available under this section,
including funds authorized to be appropriated by subsection (d).
(B)Funds made available under other provisions
of this Act and transferred or reprogrammed for purposes of this
section.
(b)In furtherance of a determination made
under subsection (a), the President may exercise the authorities contained in
sections 552(c)(2) and 610 without regard to the percentage and aggregate
dollar limitations contained in such sections.
(c)Availability of funds for response
readiness corpsOf the funds
made available for this section in any fiscal year, including funds authorized
to be appropriated by subsection (d) and funds made available under other
provisions of this Act and transferred or reprogrammed for purposes of this
section, $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.
(d)Authorization of appropriations
(1)There is authorized to be appropriated
$75,000,000 to provide assistance authorized in subsection (a) and, to the
extent authorized in subsection (c), for the purpose described in subsection
(c). Such amount is in addition to amounts otherwise made available for
purposes of this section, including funds made available under other provisions
of this Act and transferred or reprogrammed for purposes of this
section.
(2)There is authorized to be appropriated each
fiscal year such sums as may be necessary to replenish funds expended under
this section.
(3)Funds authorized to be appropriated under
this subsection shall be available without fiscal year
limitation.
.
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 2007.
(F)Identifying personnel in State and local
governments and in the private sector who are available to participate in the
Response Readiness Corps established under subsection (c) 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)The Secretary, in consultation with the
Administrator of the United States Agency for International Development and the
heads of other appropriate departments and agencies of the United States
Government, is authorized to establish and maintain a Response Readiness Corps
(hereafter referred to in this subsection 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.
(2)
(A)Active and standby componentsThe Corps shall have active and standby
components consisting of United States Government personnel as follows:
(i)An active component, consisting of not more
than 250 personnel who are recruited, employed, and trained in accordance with
this paragraph.
(ii)A standby component, consisting of not more
than 2000 personnel who are recruited and trained in accordance with this
paragraph.
(B)Authorized members of standby
componentPersonnel in the
standby component of the Corps 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
of the legislative branch and judicial branch of Government—
(i)who are assigned to the standby component
by the Secretary following nomination for such assignment by the head of the
department or agency of the United States Government concerned or by an
appropriate official of the legislative or judicial branch of Government, as
applicable; and
(ii)who—
(I)have the training and skills necessary to
contribute to stabilization and reconstruction activities; and
(II)have volunteered for deployment to carry
out stabilization and reconstruction activities.
(C)Recruitment and employmentThe recruitment and employment of personnel
to the Corps shall be carried out by the Secretary, the Administrator of the
United States Agency for International Development, and the heads of the other
departments and agencies of the United States Government participating in the
establishment and maintenance of the Corps.
(D)The Secretary is authorized to train the
members of the Corps under this paragraph to perform services necessary to
carry out the purpose of the Corps under paragraph (1).
(E)Members of the active component of the
Corps under subparagraph (A)(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, 3963), or in accordance with the relevant
authority under sections 3101 and 3392 of title 5, United States Code.
(3)
(A)The Corps shall have a reserve (hereafter
referred to in this subsection as the Civilian Reserve
) of
non-United States Government personnel who are trained and available as needed
to perform services necessary to carry out the purpose of the Corps under
paragraph (1). The Civilian Reserve shall be established by the Secretary, in
consultation with the Administrator of the Unites States Agency for
International Development and the heads of other appropriate departments and
agencies of the United States Government.
(B)Beginning not later than one year after the
date of the enactment of the Reconstruction
and Stabilization Civilian Management Act of 2007, the Civilian
Reserve shall include at least 500 personnel, who may include retired employees
of the United States Government, contractor personnel, nongovernmental
organization personnel, State and local government employees, and individuals
from the private sector, who—
(i)have the training and skills necessary to
enable them to contribute to stabilization and reconstruction
activities;
(ii)have volunteered to carry out stabilization
and reconstruction activities; and
(iii)are available for training and deployment
to carry out the purpose of the Corps under paragraph (1).
(4)Use of response readiness corps
(A)Members of the active component of the
Corps under paragraph (2)(A)(i) are authorized to be available—
(i)for activities in direct support of
stabilization and reconstruction activities; and
(ii)if not engaged in activities described in
clause (i), for assignment in the United States, United States diplomatic
missions, and United States Agency for International Development
missions.
(B)Federal standby component and civilian
reserveThe Secretary may
deploy members of the Federal standby component of the Corps under paragraph
(2)(A)(ii), and members of the Civilian Reserve under paragraph (3), 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 in the active
component of the Response Readiness Corps under section 61(c)(2)(A)(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 section 61(c) of the
State Department Basic Authorities Act of 1956 (as so added).
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)
(1)Annuitants Under Civil Service Retirement
System or 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.
(2)Annuitants under Foreign Service Retirement
and Disability System or Foreign Service Pension SystemThe 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 assist in stabilization
and reconstruction activities under this Act.
(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 for each fiscal year, $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 (other than the amendment made
by section 5).
April 10, 2007
Reported without amendment