[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
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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.
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