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Full Text of this Amendment

SA 2775. Mr. LUGAR (for himself and Mr. BIDEN) submitted an amendment intended to be proposed by him to the bill H.R. 2764, making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 410, between lines 15 and 16, insert the following:
TITLE VII--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT


SEC. 701. SHORT TITLE.
This title may be cited as the ``Reconstruction and Stabilization Civilian Management Act of 2007''.
SEC. 702. 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 title 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. 703. DEFINITIONS.
In this title:
(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--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(3) DEPARTMENT.--Except as otherwise provided in this title, 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. 704. 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. 705. 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) Assistance.--
``(1) IN GENERAL.--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 using funds referred to in paragraph (2).
``(2) FUNDS.--The funds referred to in this paragraph are funds as follows:
``(A) Funds made available under this section, including funds authorized to be appropriated by subsection (d).
``(B) Funds made available under other provisions of this Act and transferred or reprogrammed for purposes of this section.
``(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 without regard to the percentage and aggregate dollar limitations contained in such sections.
``(c) Availability of Funds for Response Readiness Corps.--Of the funds made available for this section in any fiscal year, including funds authorized to be appropriated by subsection (d) and funds made available under other provisions of this Act and transferred or reprogrammed for purposes of this section, $25,000,000 may be made available for expenses related to the development, training, and operations of the Response Readiness Corps established under section 62(c) of the State
Department Basic Authorities Act of 1956.
``(d) Authorization of Appropriations.--
``(1) AUTHORIZATION.--There is authorized to be appropriated $75,000,000 to provide assistance authorized in subsection (a) and, to the extent authorized in subsection (c), for the purpose described in subsection (c). Such amount is in addition to amounts otherwise made available for purposes of this section, including funds made available under other provisions of this Act and transferred or reprogrammed for purposes of this section.
``(2) REPLENISHMENT.--There is authorized to be appropriated each fiscal year such sums as may be necessary to replenish funds expended under this section.
``(3) AVAILABILITY.--Funds authorized to be appropriated under this subsection shall be available without fiscal year limitation.''.
SEC. 706. 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. 62. 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 serve at the sole direction of, and report solely to, the Secretary of State or the Deputy Secretary of State 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 appropriate non-military 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 2007.
``(F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Response Readiness Corps established under subsection (c) 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. 707. RESPONSE READINESS CORPS.
(a) In General.--Section 62 of the State Department Basic Authorities Act of 1956 (as added by section 706) is amended by adding at the end the following new subsection:
``(c) Response Readiness Corps.--
``(1) IN GENERAL.--The Secretary, in consultation with the Administrator of the United States Agency for International Development and the heads of other appropriate departments and agencies of the United States Government, is authorized to establish and maintain a Response Readiness Corps (hereafter referred to in this subsection 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.
``(2) FEDERAL COMPONENTS.--
``(A) ACTIVE AND STANDBY COMPONENTS.--The Corps shall have active and standby components consisting of United States Government personnel as follows:
``(i) An active component, which should consist of 250 personnel who are recruited, employed, and trained in accordance with this paragraph.
``(ii) A standby component, which should consist of 2000 personnel who are recruited and trained in accordance with this paragraph.
``(B) AUTHORIZED MEMBERS OF STANDBY COMPONENT.--Personnel in the standby component of the Corps 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 of the legislative branch and judicial branch of Government--
``(i) who are assigned to the standby component by the Secretary following nomination for such assignment by the head of the department or agency of the United States Government concerned or by an appropriate official of the legislative or judicial branch of Government, as applicable; and
``(ii) who--
``(I) have the training and skills necessary to contribute to stabilization and reconstruction activities; and
``(II) have volunteered for deployment to carry out stabilization and reconstruction activities.
``(C) RECRUITMENT AND EMPLOYMENT.--The recruitment and employment of personnel to the Corps shall be carried out by the Secretary, the Administrator of the United States Agency for International Development, and the heads of the other departments and agencies of the United States Government participating in the establishment and maintenance of the Corps.
``(D) TRAINING.--The Secretary is authorized to train the members of the Corps under this paragraph to perform services necessary to carry out the purpose of the Corps under paragraph (1).
``(E) COMPENSATION.--Members of the active component of the Corps under subparagraph (A)(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, 3963), or in accordance with the appropriate compensation provisions of title 5, United States Code.
``(3) CIVILIAN RESERVE.--
``(A) CIVILIAN RESERVE.--The Corps shall have a reserve (hereafter referred to in this subsection as the `Civilian Reserve') consisting of non-United States Government personnel who are trained and available as needed to perform services necessary to carry out the purpose of the Corps under paragraph (1). The Civilian Reserve shall be established by the Secretary, in consultation with the Administrator of the Unites States Agency for International Development and the heads of other appropriate
departments and agencies of the United States Government.
``(B) COMPOSITION.--Beginning not later than two years after the date of the enactment of the Reconstruction and Stabilization Civilian Management Act of 2007, the Civilian Reserve shall include at least 500 personnel, who may include retired employees of the United States Government, contractor personnel, nongovernmental organization personnel, State and local government employees, and individuals from the private sector, who--
``(i) have the training and skills necessary to enable them to contribute to stabilization and reconstruction activities;
``(ii) have volunteered to carry out stabilization and reconstruction activities; and
``(iii) are available for training and deployment to carry out the purpose of the Corps under paragraph (1).
``(4) USE OF RESPONSE READINESS CORPS.--
``(A) FEDERAL ACTIVE COMPONENT.--Members of the active component of the Corps under paragraph (2)(A)(i) are authorized to be available--
``(i) for activities in direct support of stabilization and reconstruction activities; and
``(ii) if not engaged in activities described in clause (i), for assignment in the United States, United States diplomatic missions, and United States Agency for International Development missions.
``(B) FEDERAL STANDBY COMPONENT AND CIVILIAN RESERVE.--The Secretary may deploy members of the Federal standby component of the Corps under paragraph (2)(A)(ii), and members of the Civilian Reserve under paragraph (3), 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 in the active component of the Response Readiness Corps under section 62(c)(2)(A)(i) of the State Department Basic Authorities Act of 1956 (as added by subsection (a)) are in addition to any other full-time personnel 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 section 62(c) of the State Department Basic Authorities Act of 1956 (as so added).
SEC. 708. 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. 709. SERVICE RELATED TO STABILIZATION AND RECONSTRUCTION.
(a) Promotion Purposes.--Service in stabilization and reconstruction operations overseas, membership in the Response Readiness Corps under section 62(c) of the State Department Basic Authorities Act of 1956 (as added by section 707), 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 708) 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 subtitle.
SEC. 710. 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 title, 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. Such contracts are authorized to
be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States.
(2) STATUS OF CONTRACTORS.--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. 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.
Individuals employed by contract under the authority provided in paragraph (1) shall be considered employees for the purposes of parts 2600 through 2641 of title 5, Code of Federal Regulations, and sections 201, 203, 205, 207, 208, and 209 of title 18, United States Code.
(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 title.
(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 title. 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 OR 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.
(2) ANNUITANTS UNDER FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM OR FOREIGN SERVICE PENSION SYSTEM.--The Secretary may waive the application of subsections (a) through (d) of section 824 of the Foreign Service Act (22 U.S.C. 4064) for annuitants under the Foreign Service Retirement and Disability System or the Foreign Service Pension System who are reemployed on a temporary basis in order to be assigned, detailed, or deployed to assist in stabilization and reconstruction activities
under this title.
(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 title, 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, or the head of another executive agency as authorized by 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 title, 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 title 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. 711. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2007, $80,000,000, and such sums as may be necessary for each fiscal year thereafter for personnel, education and training, equipment, and travel costs for purposes of carrying out this title and the amendments made by this title (other than the amendment made by section 705).


(As printed in the Congressional Record for the Senate on Sep 6, 2007.)