[Congressional Record Volume 150, Number 21 (Wednesday, February 25, 2004)]
[Senate]
[Pages S1593-S1597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (for himself and Mr. Biden):
  S. 2127. A bill to build operational readiness in civilian agencies, 
and for other purposes; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise today to introduce the Stabilization 
and Reconstruction Civilian Management Act. Senator Biden  is an 
original co-sponsor and his involvement in the Committee's work on this 
issue and the resulting legislation is deeply appreciated.
  Over the past decade the United States has undertaken a series of 
post-conflict stabilization and reconstruction operations that have 
been critical to U.S. national security. In the Balkans, Afghanistan, 
and now in Iraq, the U.S. government has cobbled together plans, people 
and resources in an ad hoc fashion with the Defense Department in the 
lead.
  The efforts of those engaged have been valiant, but these emergencies 
have been complex and time sensitive. Our ad hoc approach has been 
inadequate to deliver the necessary capabilities to deal speedily and 
efficiently with complex emergencies. The purpose of this bill is to 
establish a more robust civilian capability to respond quickly and 
effectively to post-conflict situations or other complex emergencies.
  The prevailing inclination to deal with these problems through ad hoc 
methods has stemmed, in part, from our bipartisan hope that post-
conflict stabilization efforts will not be required of us on a frequent 
basis. But we should not engage in wishful thinking. Crises are 
inevitable, and in most cases, U.S. national security interests will be 
threatened by sustained instability. The war on terrorism necessitates 
that we not leave nations crumbling and ungoverned. Our tolerance for 
failed states has been reduced by a global war against terrorists. We 
have already seen how terrorists can exploit nations afflicted by 
lawlessness and desperate circumstances. They seek out such places to 
establish training camps, recruit new members, and tap into a black 
market where all kinds of weapons are for sale.

  In this international atmosphere, the United States must have the 
right structures, personnel, and resources in place when an emergency 
occurs. A delay of a few weeks, or even days, in our response can mean 
the difference between success and failure. As a Nation, we have 
accepted stabilization and reconstruction challenges in the Balkans, 
Iraq and Afghanistan, but we need to go a step further and create 
structures that can plan and execute strategies to deal with future 
emergencies.
  While recognizing the critical challenges that our military has 
undertaken with skill and courage, we must acknowledge that certain 
non-security missions would have been better served by a civilian 
response. Our post-conflict efforts frequently have had a higher than 
necessary military profile. This is not the result of a Pentagon power 
grab or institutional fights. Rather, the military has led post-
conflict operations primarily because it is the only agency capable of 
mobilizing large amounts of people and resources for these tasks. As a 
consequence, the resources of the Armed Services have been stretched 
and deployments of military personnel have had to be extended beyond 
expectations. If we can improve the surge capacity and capabilities of 
the civilian agencies, they can take over many of the non-security 
missions that have burdened the military.
  The Senate Committee on Foreign Relations embarked on a bipartisan 
experiment beginning in late 2003, assembling an impressive array of 
experts from inside and outside of government to provide advice on how 
best to achieve this goal. This Policy Advisory Group held a series of 
discussions in which Senators, group members, and invited experts spoke 
frankly about their ideas to improve the U.S. response to post-conflict 
reconstruction problems and complex emergencies. The bill that Senator 
Biden and I are introducing draws on these discussions and the comments 
of participants. I believe that we need structural change, accomplished 
through legislation, to guarantee improvements in our capabilities.
  Serving as members of the Policy Advisory Group were Ambassador James 
Dobbins, Director of International Security and Defense Policy at the 
RAND Corporation; Dr. John Hamre, President and CEO of CSIS; Gen. 
George Joulwan, former Supreme Allied Commander Europe; Gen. William 
Nash, Senior Fellow and Director of the Center for Preventive Action of 
the Council on Foreign Relations; Mr. Walter Slocombe, former Senior 
Advisor for National Security to the Coalition Provisional Authority; 
and Dr. Arnold Kanter of the Scowcroft Group. Other participants 
included Mr. Marc Grossman, Undersecretary of State for 
Political Affairs; Mr. Andrew Natsios, Administrator of USAID; Dr. 
Joseph Collins, Deputy Assistant Secretary of Defense for Stability 
Operations; Mr. James Kunder, Deputy Assistant Administrator of USAID; 
Mr. J. Clint Williamson, Director of Transnational Crime Issues on the 
NSC; Dr. Hans Binnendijk of the National Defense University; Ms. Sheba 
Crocker of CSIS; Mr. Frank Kramer of Shea and Gardner; Mr. Bernd 
McConnell, formerly with USAID and now with the Department of Defense; 
Mr. Larry Nowels of the Congressional Research Service; Ambassador 
Robert Oakley of the Institute for National Security Studies at the 
National Defense University; Mr. Robert Perito of the U.S. Institute of 
Peace; and Ms. Julia Taft of the UNDP.

  Although I have tried to incorporate as many of the insights of the 
group as possible, not every participant will agree with every 
provision in the bill. This is not surprising given that one of our 
goals in constructing the group was guaranteeing a diverse set of 
perspectives. Nevertheless, there were several themes developed that 
achieved, or at least approached, a consensus: The civilian foreign 
affairs agencies should be better organized for overseas crisis 
response and the Secretary of State should play a lead role in this 
effort. There should be improved standing capacity within the civilian 
agencies to respond to complex emergencies and to work in potentially 
hostile environments. The agencies must be capable and flexible enough 
to provide a robust partner to the military when necessary or to lead a 
crisis response effort when appropriate. The rapid mobilization of 
resources must be shared by the civilian agencies and the military. 
While the need to ensure security will continue to fall on the 
shoulders of the military, the post-conflict demands on the military 
for stabilization and reconstruction would be lessened by tapping into 
the expertise of civilian forces.
  During this process, the Bush Administration was extremely helpful 
and forthcoming. Officials from the State Department, the Defense 
Department, the NSC, and USAID attended as guests of the group and 
participated in their private capacities. The participation of these 
officials does not constitute an official endorsement of this 
legislation by their employing agencies, but the final product was 
greatly improved by their collective experience and wisdom. We are 
extremely grateful to the Administration for its willingness to engage 
the Foreign Relations Committee during this process.

  This bill urges the President to create a Stabilization and 
Reconstruction

[[Page S1594]]

Coordinating Committee to be chaired by the National Security Advisor. 
This Coordinating Committee would have policy oversight responsibility 
for ensuring appropriate interagency coordination in the planning and 
execution of stabilization and reconstruction efforts. The Coordinating 
Committee would have representation from the Department of State, 
USAID, and the Departments of Commerce, Justice, Treasury, Agriculture, 
and Defense and other agencies as appropriate.
  This bill would authorize the creation of an office within the State 
Department to be the focal point for coordinating the civilian 
component of stabilization and reconstruction missions. The Office 
would be headed by a Coordinator who is appointed by the President and 
reports directly to the Secretary of State. The Coordinator would also 
work to ensure that civilian components of the United States Government 
are prepared for joint civilian/military operations if they become 
necessary.
  The bill would authorize the Secretary of State to establish a 
Response Readiness Corps with both active duty and reserve components 
available to be called upon at a moments notice to respond to emerging 
international crises. In the reserves would be both federal government 
officials from the non-foreign affairs agencies who have volunteered to 
participate and members recruited from the private sector based on the 
applicable skills each could contribute to the mission.
  The bill urges the Foreign Service Institute to work with both the 
National Defense University and the United States Army War College to 
establish an educational and training curriculum to bring together 
civilian and military personnel to enhance their stabilization and 
reconstruction skills and increase their ability to work together in 
the field.
  I introduce this bill today to set in motion legislative efforts to 
strengthen the capacity of our civilian agencies to handle complex 
emergencies overseas, including post-conflict stabilization and 
reconstruction efforts. I am hopeful that this legislation will garner 
further bipartisan support. Its intent is not to critique past 
practices, but rather to improve our stabilization and reconstruction 
capacity for the future. We recognize that the bill does not address 
many facets of this issue that fall under the jurisdiction of the 
military and the Armed Services Committee. I know that my colleagues on 
that committee have thought about many of these issues, and they may 
recommend additional steps.
  The inevitable post-conflict stabilization and reconstruction demands 
of future crises will require a formidable capacity to respond to 
challenges--both military and diplomatic. It is crucial to our success 
that the necessary resources and plans be put in place now. Let us give 
the President the tools he needs to carry out these most demanding 
foreign policy missions.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 7127

       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

[[Page S1595]]

     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 Emergency.--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:

[[Page S1596]]

       ``(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).

  Mr. BIDEN. Mr. President, I rise today in support of the 
Stabilization and Reconstruction Civilian Management Act of 2004, a 
bill that will increase the ability of our civilian agencies to 
effectively respond to complex emergencies and stabilize countries in 
the wake of war or crisis.
  I commend and express my gratitude to Chairman Lugar for his 
leadership on this issue. Since December of last year, the chairman and 
I have been engaged in discussions with experts from

[[Page S1597]]

in and outside government on whether the United States is adequately 
organized and equipped, and its personnel trained, to deal with post-
conflict reconstruction. Our premise was this: in the last decade, the 
United States has taken on post-conflict stabilization missions in 
countries such as Bosnia, East Timor, Haiti, Somalia, and now 
Afghanistan and Iraq. In the decade to come, whether we like it or not, 
nation building will remain vital to our national security.
  We have learned a lot from our efforts. And we have made a lot of 
mistakes in the process. One lesson that I think is clear is that we 
have not done a very good job of turning our experience into tools for 
the future. So the chairman and I put together a group of outside 
advisers who had held senior positions in the last two administrations; 
we also invited officials from this administration to give their ideas. 
The bill we are introducing today is the product of those 
consultations. I wish to thank all of the participants of the group for 
their invaluable input to this bipartisan initiative.
  Addressing the needs present in post-conflict reconstruction--and in 
particular, in countries that are on the verge of becoming failed 
states--is one of the greatest challenges we face today. It matters to 
the people living in those nations, and it matters to the American 
people. A bipartisan commission organized by the Center for Strategic 
and International Studies and the Association of the U.S. Army found, 
to no one's surprise, that ``failed states matter--for national 
security as well as for humanitarian reasons. If left to their own 
devices, such states can become sanctuaries for terrorist networks, 
organized crime and drug traffickers, as well as pose grave 
humanitarian challenges and threats to regional stability.''
  We should not have to reinvent the wheel every time we are faced with 
a stabilization crisis--it's inefficient and ineffective. Rather than 
address crises on an ad hoc basis--cobbling together plans, procedures, 
and personnel--as we have been doing, we need to be forward-thinking, 
comprehensive, and strategic.
  The thrust of this legislation is to do precisely that. The bill 
authorizes the creation of an office within the State Department that 
will be the focal point for creating plans and procedures to respond to 
crises, and it establishes a corps of active duty and reserve personnel 
who will be able to deploy rapidly when and where critical needs arise.
  Mr. President, this bill is not a cure-all. But I believe it is a 
good start to addressing a critical need: that of strengthening our 
civilian capacity to handle complex emergencies overseas. Again, I 
thank Chairman Lugar and the members of our policy advisory group for 
their work on this issue.
  I yield the floor.
                                 ______