Reconstruction and Stabilization Civilian Management Act of 2006 - States that 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 (USAID), of an 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.
Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance in stabilizing and reconstructing a country or region that is at risk of, in, or is in transition from, conflict or civil strife.
Amends the State Department Basic Authorities Act of 1956 to establish within the Department an Office of the Coordinator for Reconstruction and Stabilization, which shall be headed by a Coordinator.
Sets forth Office functions, including: (1) monitoring political and economic instability; (2) assessing related potential crises and responses; (3) coordinating with relevant executive agencies; (4) identifying state, local, and private sector personnel available to participate in the Response Readiness Corps or the Response Readiness Reserve; (5) international coordination and information sharing; and (6) coordinating plans for joint military-civilian operations.
Authorizes the Secretary: (1) in consultation with the Administrator of USAID, to establish a Response Readiness Corps to provide stabilization and reconstruction activities in foreign countries or regions that are in, or are in transition from, conflict or civil strife (up to 250 personnel to serve in the Corps, and such other personnel as the Secretary may designate from the Department of State and USAID); and (2) in consultation with relevant executive agencies, to establish a Response Readiness Reserve of federal and at least 500 non-federal personnel to augment the Corps.
Sets forth personnel provisions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6104 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6104
To build operational readiness in civilian agencies, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2006
Mr. Farr (for himself and Mr. Saxton) introduced the following bill;
which was referred to the Committee on International 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 ``Reconstruction and Stabilization
Civilian Management Act of 2006''.
SEC. 2. FINDING; PURPOSE.
(a) Finding.--Congress finds that the resources of the 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 members of the Armed
Forces.
(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
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(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, 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 in
the Department of the Office of the Coordinator for
Reconstruction and Stabilization, 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 the
Coordinator 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 security 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 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 authorized to be appropriated pursuant to
paragraph (1), $25,000,000 may be made available for fiscal
year 2007 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 shall 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 (as that term is
defined in section 105 of title 5, United States Code)
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
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
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
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, including employees of the United States
Agency for International Development, employees of any
other Executive agency, 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 not
fewer than 500 personnel, who 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)) shall be 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 Secretaries
of the Army and Navy, is authorized to establish a
stabilization and reconstruction curriculum for use in programs
of the Foreign Service Institute, the Center for Stabilization
and Reconstruction Studies at the Naval Postgraduate School,
the National Defense University, and the United States Army War
College.
``(2) Curriculum content.--The curriculum referred to in
paragraph (1) 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.
``(3) Existing training and education programs.--The
Secretary shall ensure that personnel of the Department make
use of the relevant existing training and education programs
offered within the Government, such as those at the Center for
Stabilization and Reconstruction Studies at the Naval
Postgraduate School and the Interagency Training, Education,
and After Action Review Program at the National Defense
University.''.
SEC. 9. SERVICE RELATED TO STABILIZATION AND RECONSTRUCTION.
(a) Promotion Purposes.--Service in stabilization and
reconstruction activities 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 three
years after the date of the enactment of this Act, at least ten 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 of 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 (as defined in section 2101
of title 5, United States Code), 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 section 8344 and subsections (a) through (e) of
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. 3972, 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 volunteer 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 individual performing
volunteer services accepted under this section is
notified of the scope of the volunteer 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.--An individual 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)) shall 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1749-1750)
Referred to the House Committee on International Relations.
Referred to the Subcommittee on Africa, Global Human Rights and International Operations.
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