[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 209 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 209
To build operational readiness in civilian agencies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2005
Mr. Lugar (for himself, Mr. Biden, and Mr. Hagel) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
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 ``Stabilization and Reconstruction
Civilian Management Act of 2005''.
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 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 60 (22 U.S.C. 2732) the following new
section:
``SEC. 61. 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 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 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 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 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:
``(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 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 of 1980 (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
(as added by section 5), accept volunteer services to carry out
stabilization and reconstruction activities under this Act and
section 61 of the State Department Basic Authorities Act of
1956 (as added by sections 6 and 7) 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 61 of the State Department Basic Authorities Act of 1956 (as
added by sections 6 and 7).
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