[Congressional Record Volume 152, Number 68 (Friday, May 26, 2006)]
[Senate]
[Pages S5394-S5397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OPERATION READINESS IN CIVILIAN AGENCIES

  Mr. FRIST. I ask unanimous consent the Senate proceed to the 
immediate consideration of S. 3322, introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3322) to build operational readiness in civilian 
     agencies, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent the bill be read the third time 
and passed, the motion to reconsider be laid upon the table, and any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3322) was ordered to be engrossed for a third reading, 
read the third time, and passed, as follows:

                                S. 3322

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reconstruction and 
     Stabilization Civilian Management Act of 2006''.

     SEC. 2. FINDING; PURPOSE.

       (a) Finding.--Congress finds that the resources of the 
     United States Armed Forces have been burdened by having to 
     undertake stabilization and reconstruction tasks in the 
     Balkans, Afghanistan, Iraq, and other countries of the world 
     that could have been performed by civilians, which has 
     resulted in

[[Page S5395]]

     lengthy deployments for Armed Forces personnel.
       (b) Purpose.--The purpose of this Act is to provide for the 
     continued development, as a core mission of the Department of 
     State and the United States Agency for International 
     Development, of an effective expert civilian response 
     capability to carry out reconstruction and stabilization 
     activities in a country or region that is at risk of, in, or 
     is in transition from, conflict or civil strife.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (3) Department.--Except as otherwise provided in this Act, 
     the term ``Department'' means the Department of State.
       (4) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 105 of title 5, United 
     States Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the civilian element of United States joint civilian-
     military operations should be strengthened in order to 
     enhance the execution of current and future reconstruction 
     and stabilization activities in foreign countries or regions 
     that are at risk of, in, or are in transition from, conflict 
     or civil strife;
       (2) the capability of civilian agencies of the United 
     States Government to carry out reconstruction and 
     stabilization activities in such countries or regions should 
     also be enhanced through a new rapid response corps of 
     civilian experts supported by the establishment of a new 
     system of planning, organization, personnel policies, and 
     education and training, and the provision of adequate 
     resources;
       (3) the international community, including nongovernmental 
     organizations, and the United Nations and its specialized 
     agencies, should be further encouraged to participate in 
     planning and organizing reconstruction and stabilization 
     activities in such countries or regions;
       (4) the executive branch has taken a number of steps to 
     strengthen civilian capability, including the establishment 
     of an office headed by a Coordinator for Reconstruction and 
     Stabilization in the Department, the Presidential designation 
     of the Secretary as the interagency coordinator and leader of 
     reconstruction and stabilization efforts, and Department of 
     Defense directives to the military to support the Office of 
     Reconstruction and Stabilization and to work closely with 
     counterparts in the Department of State and other civilian 
     agencies to develop and enhance personnel, training, 
     planning, and analysis;
       (5) the Secretary and the Administrator should work with 
     the Secretary of Defense to augment existing personnel 
     exchange programs among the Department, the United States 
     Agency for International Development, and the Department of 
     Defense, including the regional commands and the Joint Staff, 
     to enhance the stabilization and reconstruction skills of 
     military and civilian personnel and their ability to 
     undertake joint operations; and
       (6) the heads of other executive agencies should establish 
     personnel exchange programs that are designed to enhance the 
     stabilization and reconstruction skills of military and 
     civilian personnel.

     SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION 
                   AND STABILIZATION CRISES.

       Chapter 1 of part III of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2351 et seq.) is amended by inserting after 
     section 617 the following new section:

     ``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION 
                   CRISIS.

       ``(a) Authority.--If the President determines that it is 
     important to the national interests of the United States for 
     United States civilian agencies or non-Federal employees to 
     assist in stabilizing and reconstructing a country or region 
     that is at risk of, in, or is in transition from, conflict or 
     civil strife, the President may, in accordance with the 
     provisions set forth in section 614(a)(3), notwithstanding 
     any other provision of law, and on such terms and conditions 
     as the President may determine, furnish assistance to respond 
     to the crisis.
       ``(b) Special Authorities.--In furtherance of a 
     determination made under subsection (a), the President may 
     exercise the authorities contained in sections 552(c)(2) and 
     610 of this Act without regard to the percentage and 
     aggregate dollar limitations contained in such sections.
       ``(c) Authorization of Funding.--
       ``(1) Initial authorization.--There is authorized to be 
     appropriated, without fiscal year limitation, $75,000,000 in 
     funds that may be used to provide assistance authorized in 
     subsection (a) and, to the extent authorized under paragraph 
     (2), for the purpose described in such paragraph.
       ``(2) Availability of funds for response readiness corps.--
     Of the amount made available pursuant to paragraph (1) for 
     fiscal year 2007, $25,000,000 may be made available for 
     expenses related to the development, training, and operations 
     of the Response Readiness Corps established under section 
     61(c) of the State Department Basic Authorities Act of 1956. 
     The availability of such funds shall not be subject to a 
     determination by the President under subsection (a).
       ``(3) Replenishment.--There is authorized to be 
     appropriated each fiscal year such sums as may be necessary 
     to replenish funds expended as provided under paragraph (1). 
     Funds authorized to be appropriated under this paragraph 
     shall be available without fiscal year limitation for the 
     same purpose and under the same conditions as are provided 
     under paragraph (1).''.

     SEC. 6. OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND 
                   STABILIZATION.

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

     ``SEC. 61. RECONSTRUCTION AND STABILIZATION.

       ``(a) Office of the Coordinator for Reconstruction and 
     Stabilization.--
       ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for 
     Reconstruction and Stabilization.
       ``(2) Coordinator for reconstruction and stabilization.--
     The head of the Office shall be the Coordinator for 
     Reconstruction and Stabilization, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Coordinator shall report directly to the 
     Secretary and shall have the rank and status of Ambassador at 
     Large.
       ``(3) Functions.--The functions of the Office of the 
     Coordinator for Reconstruction and Stabilization include the 
     following:
       ``(A) Monitoring, in coordination with relevant bureaus 
     within the Department of State, political and economic 
     instability worldwide to anticipate the need for mobilizing 
     United States and international assistance for the 
     stabilization and reconstruction of countries or regions that 
     are at risk of, in, or are in transition from, conflict or 
     civil strife.
       ``(B) Assessing the various types of stabilization and 
     reconstruction crises that could occur and cataloging and 
     monitoring the non-military resources and capabilities of 
     Executive agencies that are available to address such crises.
       ``(C) Planning to address requirements, such as 
     demobilization, policing, human rights monitoring, and public 
     information, that commonly arise in stabilization and 
     reconstruction crises.
       ``(D) Coordinating with relevant Executive agencies (as 
     that term is defined in section 105 of title 5, United States 
     Code) to develop interagency contingency plans to mobilize 
     and deploy civilian personnel to address the various types of 
     such crises.
       ``(E) Entering into appropriate arrangements with other 
     Executive agencies to carry out activities under this section 
     and the Reconstruction and Stabilization Civilian Management 
     Act of 2006.
       ``(F) Identifying personnel in State and local governments 
     and in the private sector who are available to participate in 
     the Response Readiness Corps or the Response Readiness 
     Reserve established under subsection (b) or to otherwise 
     participate in or contribute to stabilization and 
     reconstruction activities.
       ``(G) Taking steps to ensure that training of civilian 
     personnel to perform such stabilization and reconstruction 
     activities is adequate and, as appropriate, includes security 
     training that involves exercises and simulations with the 
     Armed Forces, including the regional commands.
       ``(H) Sharing information and coordinating plans for 
     stabilization and reconstruction activities, as appropriate, 
     with the United Nations and its specialized agencies, the 
     North Atlantic Treaty Organization, nongovernmental 
     organizations, and other foreign national and international 
     organizations.
       ``(I) Coordinating plans and procedures for joint civilian-
     military operations with respect to stabilization and 
     reconstruction activities.
       ``(J) Maintaining the capacity to field on short notice an 
     evaluation team to undertake on-site needs assessment.
       ``(b) Response to Stabilization and Reconstruction 
     Crisis.--If the President makes a determination regarding a 
     stabilization and reconstruction crisis under section 618 of 
     the Foreign Assistance Act of 1961, the President may 
     designate the Coordinator, or such other individual as the 
     President may determine appropriate, as the Coordinator of 
     the United States response. The individual so designated, or, 
     in the event the President does not make such a designation, 
     the Coordinator for Reconstruction and Stabilization, shall--
       ``(1) assess the immediate and long-term need for resources 
     and civilian personnel;
       ``(2) identify and mobilize non-military resources to 
     respond to the crisis; and
       ``(3) coordinate the activities of the other individuals or 
     management team, if any, designated by the President to 
     manage the United States response.''.

     SEC. 7. RESPONSE READINESS CORPS.

       (a) In General.--Section 61 of the State Department Basic 
     Authorities Act of 1956 (as added by section 6) is amended by 
     adding at the end the following new subsection:
       ``(c) Response Readiness Corps.--
       ``(1) Response readiness active duty personnel.--

[[Page S5396]]

       ``(A) Establishment and purpose.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development, is authorized to 
     establish a Response Readiness Corps (hereafter referred to 
     in this section as the `Corps') to provide assistance in 
     support of stabilization and reconstruction activities in 
     foreign countries or regions that are at risk of, in, or are 
     in transition from, conflict or civil strife.
       ``(B) Composition.--The Secretary and Administrator of the 
     United States Agency for International Development should 
     coordinate in the recruitment, hiring, and training of--
       ``(i) up to 250 personnel to serve in the active duty 
     Corps; and
       ``(ii) such other personnel as the Secretary, in 
     consultation with the Administrator, may designate as members 
     of the Corps from among employees of the Department of State 
     and the United States Agency for International Development.
       ``(C) Training.--The Secretary is authorized to train the 
     members of the Corps to perform services necessary to carry 
     out the purpose of the Corps under subparagraph (A).
       ``(D) Compensation.--Members of the Corps hired under 
     subparagraph (B)(i) shall be compensated in accordance with 
     the appropriate salary class for the Foreign Service, as set 
     forth in sections 402 and 403 of the Foreign Service Act of 
     1980 (22 U.S.C. 3962 and 22 U.S.C. 3963), or in accordance 
     with the relevant authority under sections 3101 and 3392 of 
     title 5, United States Code.
       ``(2) Response readiness reserve duty personnel.--
       ``(A) Establishment and purpose.--The Secretary, in 
     consultation with the heads of other relevant Executive 
     agencies, is authorized to establish and maintain a roster of 
     personnel who are trained and available as needed to perform 
     services necessary to carry out the purpose of the Corps 
     under paragraph (1)(A). The personnel listed on the roster 
     shall constitute a reserve component of the Response 
     Readiness Corps.
       ``(B) Federal employees.--The Response Readiness reserve 
     component may include employees of the Department of State, 
     including Foreign Service Nationals, employees of the United 
     States Agency for International Development, employees of any 
     other Executive agency (as that term is defined in section 
     105 of title 5, United States Code), and employees from the 
     legislative and judicial branches who--
       ``(i) have the training and skills necessary to enable them 
     to contribute to stabilization and reconstruction activities; 
     and
       ``(ii) have volunteered for deployment to carry out 
     stabilization and reconstruction activities.
       ``(C) Non-federal personnel.--The Response Readiness 
     reserve component should also include at least 500 personnel, 
     which may include retired employees of the Federal 
     Government, contractor personnel, nongovernmental 
     organization personnel, and State and local government 
     employees, who--
       ``(i) have the training and skills necessary to enable them 
     to contribute to stabilization and reconstruction activities; 
     and
       ``(ii) have volunteered to carry out stabilization and 
     reconstruction activities.
       ``(3) Use of response readiness corps.--
       ``(A) Response readiness active duty component.--The 
     members of the active duty Corps are authorized to be 
     available--
       ``(i) if responding in support of stabilization and 
     reconstruction activities pursuant to a determination by the 
     President regarding a stabilization and reconstruction crisis 
     under section 618 of the Foreign Assistance Act of 1961, for 
     deployment in support of such activities; and
       ``(ii) if not responding as described in clause (i), for 
     assignment in the United States, United States diplomatic 
     missions, and United States Agency for International 
     Development missions.
       ``(B) Response readiness reserve component.--The Secretary 
     may deploy members of the reserve component under paragraph 
     (2) in support of stabilization and reconstruction activities 
     in a foreign country or region if the President makes a 
     determination regarding a stabilization and reconstruction 
     crisis under section 618 of the Foreign Assistance Act of 
     1961.''.
       (b) Employment Authority.--The full-time personnel 
     authorized to be employed in the Response Readiness Corps 
     under section 61(c)(1)(B)(i) of the State Department Basic 
     Authorities Act of 1956 (as added by subsection (a)) are in 
     addition to any other full-time personnel of the Department 
     or the United States Agency for International Development 
     authorized to be employed under any other provision of law.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report on the status 
     of efforts to establish the Response Readiness Corps under 
     this section. The report should include recommendations for 
     any legislation necessary to implement subsection (a).

     SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING AND 
                   EDUCATION.

       Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 
     4021) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Stabilization and Reconstruction Curriculum.--
       ``(1) Establishment and mission.--The Secretary, in 
     cooperation with the Secretary of Defense and the Secretary 
     of the Army, is authorized to establish a stabilization and 
     reconstruction curriculum for use in programs of the Foreign 
     Service Institute, the National Defense University, and the 
     United States Army War College.
       ``(2) Curriculum content.--The curriculum should include 
     the following:
       ``(A) An overview of the global security environment, 
     including an assessment of transnational threats and an 
     analysis of United States policy options to address such 
     threats.
       ``(B) A review of lessons learned from previous United 
     States and international experiences in stabilization and 
     reconstruction activities.
       ``(C) An overview of the relevant responsibilities, 
     capabilities, and limitations of various Executive agencies 
     (as that term is defined in section 105 of title 5, United 
     States Code) and the interactions among them.
       ``(D) A discussion of the international resources available 
     to address stabilization and reconstruction requirements, 
     including resources of the United Nations and its specialized 
     agencies, nongovernmental organizations, private and 
     voluntary organizations, and foreign governments, together 
     with an examination of the successes and failures experienced 
     by the United States in working with such entities.
       ``(E) A study of the United States interagency system.
       ``(F) Foreign language training.
       ``(G) Training and simulation exercises for joint civilian-
     military emergency response operations.''.

     SEC. 9. SERVICE RELATED TO STABILIZATION AND RECONSTRUCTION.

       (a) Promotion Purposes.--Service in stabilization and 
     reconstruction operations overseas, membership in the 
     Response Readiness Corps under section 61(c) of the State 
     Department Basic Authorities Act of 1956 (as added by section 
     7), and education and training in the stabilization and 
     reconstruction curriculum established under section 701(g) of 
     the Foreign Service Act of 1980 (as added by section 8) 
     should be considered among the favorable factors for the 
     promotion of employees of Executive agencies.
       (b) Personnel Training and Promotion.--The Secretary and 
     the Administrator should take steps to ensure that, not later 
     than 3 years after the date of the enactment of this Act, at 
     least 10 percent of the employees of the Department and the 
     United States Agency for International Development in the 
     United States are members of the Response Readiness Corps or 
     are trained in the activities of, or identified for potential 
     deployment in support of, the Response Readiness Corps. The 
     Secretary should provide such training as needed to 
     Ambassadors and Deputy Chiefs of Mission.
       (c) Other Incentives and Benefits.--The Secretary and the 
     Administrator may establish and administer a system of awards 
     and other incentives and benefits to confer appropriate 
     recognition on and reward any individual who is assigned, 
     detailed, or deployed to carry out stabilization or 
     reconstruction activities in accordance with this Act.

     SEC. 10. AUTHORITIES RELATED TO PERSONNEL.

       (a) Contracting Authority.--
       (1) In general.--The Secretary, or the Administrator with 
     the concurrence of the Secretary, may enter into contracts to 
     procure the services of nationals of the United States (as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)) or aliens authorized 
     to be employed in the United States as personal services 
     contractors for the purpose of carrying out this Act, without 
     regard to Civil Service or classification laws, for service 
     in the Office of the Coordinator for Reconstruction and 
     Stabilization or for service in foreign countries to assist 
     in stabilizing and reconstructing a country or region that is 
     at risk of, in, or is in transition from, conflict or civil 
     strife.
       (2) Not employees.--Individuals performing services under 
     contracts described in paragraph (1) shall not by virtue of 
     performing such services be considered to be employees of the 
     United States Government for purposes of any law administered 
     by the Office of Personnel Management (except that the 
     Secretary or Administrator may determine the applicability to 
     such individuals of any law administered by the Secretary or 
     Administrator concerning the performance of such services by 
     such individuals).
       (b) Experts and Consultants.--The Secretary and the 
     Administrator may, to the extent necessary to obtain services 
     without delay, employ experts and consultants under section 
     3109 of title 5, United States Code, for the purpose of 
     carrying out this Act, without requiring compliance with any 
     otherwise applicable requirements for that employment as the 
     Secretary or Administrator may determine, except that such 
     employment shall be terminated after 60 days if by that time 
     the applicable requirements are not complied with.
       (c) Authority To Accept and Assign Details.--The Secretary 
     is authorized to accept details or assignments of employees 
     of Executive agencies, members of the uniformed services, and 
     employees of State or

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     local governments on a reimbursable or nonreimbursable basis 
     for the purpose of carrying out this Act. The assignment of 
     an employee of a State or local government under this 
     subsection shall be consistent with subchapter VI of chapter 
     33 of title 5, United States Code.
       (d) Dual Compensation Waiver for Annuitants Under Civil 
     Service Retirement System and Federal Employees Retirement 
     System.--Notwithstanding sections 8344(i) and 8468(f) of 
     title 5, United States Code, the Secretary or the head of 
     another executive agency, as authorized by the Secretary, may 
     waive the application of subsections (a) through (h) of such 
     section 8344 and subsections (a) through (e) of such section 
     8468 with respect to annuitants under the Civil Service 
     Retirement System or the Federal Employees Retirement System 
     who are assigned, detailed, or deployed to assist in 
     stabilizing and reconstructing a country or region that is at 
     risk of, in, or is in transition from, conflict or civil 
     strife during the period of their reemployment.
       (e) Increase in Premium Pay Cap.--The Secretary, or the 
     head of another executive agency as authorized by the 
     Secretary, may compensate an employee detailed, assigned, or 
     deployed to assist in stabilizing and reconstructing a 
     country or region that is at risk of, in, or is in transition 
     from, conflict or civil strife, without regard to the 
     limitations on premium pay set forth in section 5547 of title 
     5, United States Code, to the extent that the aggregate of 
     the basic pay and premium pay of such employee for a year 
     does not exceed the annual rate payable for level II of the 
     Executive Schedule.
       (f) Extension of Certain Foreign Service Benefits.--The 
     Secretary, or the head of another executive agency as 
     authorized by the Secretary, may extend to any individuals 
     assigned, detailed, or deployed to carry out stabilization 
     and reconstruction activities in accordance with this Act, 
     the benefits or privileges set forth in sections 412, 413, 
     704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 
     972, 22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 4081) to 
     the same extent and manner that such benefits and privileges 
     are extended to members of the Foreign Service.
       (g) Compensatory Time.--Notwithstanding any other provision 
     of law, the Secretary may, subject to the consent of an 
     individual who is assigned, detailed, or deployed to carry 
     out stabilization and reconstruction activities in accordance 
     with this Act, grant such individual compensatory time off 
     for an equal amount of time spent in regularly or irregularly 
     scheduled overtime work. Credit for compensatory time off 
     earned shall not form the basis for any additional 
     compensation. Any such compensatory time not used within 26 
     pay periods shall be forfeited.
       (h) Acceptance of Volunteer Services.--
       (1) In general.--The Secretary may accept volunteer 
     services for the purpose of carrying out this Act without 
     regard to section 1342 of title 31, United States Code.
       (2) Types of volunteers.--Donors of voluntary services 
     accepted for purposes of this section may include--
       (A) advisors;
       (B) experts;
       (C) consultants; and
       (D) persons performing services in any other capacity 
     determined appropriate by the Secretary.
       (3) Supervision.--The Secretary shall--
       (A) ensure that each person performing voluntary services 
     accepted under this section is notified of the scope of the 
     voluntary services accepted;
       (B) supervise the volunteer to the same extent as employees 
     receiving compensation for similar services; and
       (C) ensure that the volunteer has appropriate credentials 
     or is otherwise qualified to perform in each capacity for 
     which the volunteer's services are accepted.
       (4) Applicability of law relating to federal government 
     employees.--A person providing volunteer services accepted 
     under this section shall not be considered an employee of the 
     Federal Government in the performance of those services, 
     except for the purposes of the following provisions of law:
       (A) Chapter 81 of title 5, United States Code, relating to 
     compensation for work-related injuries.
       (B) Chapter 11 of title 18, United States Code, relating to 
     conflicts of interest.
       (5) Applicability of law relating to volunteer liability 
     protection.--
       (A) In general.--A person providing volunteer services 
     accepted under this section shall be deemed to be a volunteer 
     of a nonprofit organization or governmental entity, with 
     respect to the accepted services, for purposes of the 
     Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
       (B) Inapplicability of exceptions to volunteer liability 
     protection.--Section 4(d) of such Act (42 U.S.C. 14503(d)) 
     does not apply with respect to the liability of a person with 
     respect to services of such person that are accepted under 
     this section.
       (i) Authority for Outside Advisors.--
       (1) In general.--The Secretary may establish temporary 
     advisory commissions composed of individuals with appropriate 
     expertise to facilitate the carrying out of this Act.
       (2) Inapplicability of faca.--The requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the activities of a commission established under 
     this subsection.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

                          ____________________