109th CONGRESS
2d Session
S. 3322
IN THE HOUSE OF REPRESENTATIVES
June 6, 2006
Referred to the Committee on International Relations
AN ACT
To build operational readiness in civilian agencies, and for other
purposes.
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 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.
(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.
`(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-
`(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 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--
(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.
Passed the Senate May 26, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.
END
