II 

109TH CONGRESS 

2D SESSION S. 3322 

To build operational readiness in civilian agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2006 

Mr. LUGAR (for himself, Mr. BIDEN, Mr. HAGEL, Mr. ALEXANDER, and Mr. 

WARNER) introduced the following bill; which was read twice, considered, 

read the third time, and passed 

A BILL 

To build operational readiness in civilian agencies, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reconstruction and 

5 Stabilization Civilian Management Act of 2006’’. 

6 SEC. 2. FINDING; PURPOSE. 

7 (a) FINDING.—Congress finds that the resources of 

8 the United States Armed Forces have been burdened by 

9 having to undertake stabilization and reconstruction tasks 

10 in the Balkans, Afghanistan, Iraq, and other countries of 


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1 the world that could have been performed by civilians, 

2 which has resulted in lengthy deployments for Armed 

3 Forces personnel. 

4 (b) PURPOSE.—The purpose of this Act is to provide 

5 for the continued development, as a core mission of the 

6 Department of State and the United States Agency for 

7 International Development, of an effective expert civilian 

8 response capability to carry out reconstruction and sta9 bilization activities in a country or region that is at risk 

10 of, in, or is in transition from, conflict or civil strife. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the United 

15 States Agency for International Development. 

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means the Committee on Foreign Relations 

19 of the Senate and the Committee on International 

20 Relations of the House of Representatives. 

21 (3) DEPARTMENT.—Except as otherwise pro22 vided in this Act, the term ‘‘Department’’ means the 

23 Department of State. 


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1 (4) EXECUTIVE AGENCY.—The term ‘‘executive 

2 agency’’ has the meaning given that term in section 

3 105 of title 5, United States Code. 

4 (5) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of State. 

6 SEC. 4. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the civilian element of United States joint 

9 civilian-military operations should be strengthened in 

10 order to enhance the execution of current and future 

11 reconstruction and stabilization activities in foreign 

12 countries or regions that are at risk of, in, or are 

13 in transition from, conflict or civil strife; 

14 (2) the capability of civilian agencies of the 

15 United States Government to carry out reconstruc16 tion and stabilization activities in such countries or 

17 regions should also be enhanced through a new rapid 

18 response corps of civilian experts supported by the 

19 establishment of a new system of planning, organiza20 tion, personnel policies, and education and training, 

21 and the provision of adequate resources; 

22 (3) the international community, including non23 governmental organizations, and the United Nations 

24 and its specialized agencies, should be further en25 couraged to participate in planning and organizing 


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1 reconstruction and stabilization activities in such 

2 countries or regions; 

3 (4) the executive branch has taken a number of 

4 steps to strengthen civilian capability, including the 

5 establishment of an office headed by a Coordinator 

6 for Reconstruction and Stabilization in the Depart7 ment, the Presidential designation of the Secretary 

8 as the interagency coordinator and leader of recon9 struction and stabilization efforts, and Department 

10 of Defense directives to the military to support the 

11 Office of Reconstruction and Stabilization and to 

12 work closely with counterparts in the Department of 

13 State and other civilian agencies to develop and en14 hance personnel, training, planning, and analysis; 

15 (5) the Secretary and the Administrator should 

16 work with the Secretary of Defense to augment ex17 isting personnel exchange programs among the De18 partment, the United States Agency for Inter19 national Development, and the Department of De20 fense, including the regional commands and the 

21 Joint Staff, to enhance the stabilization and recon22 struction skills of military and civilian personnel and 

23 their ability to undertake joint operations; and 

24 (6) the heads of other executive agencies should 

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1 signed to enhance the stabilization and reconstruc2 tion skills of military and civilian personnel. 

3 SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE FOR RECON4 STRUCTION AND STABILIZATION CRISES. 

5 Chapter 1 of part III of the Foreign Assistance Act 

6 of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting 

7 after section 617 the following new section: 

8 ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STA9 BILIZATION CRISIS. 

10 ‘‘(a) AUTHORITY.—If the President determines that 

11 it is important to the national interests of the United 

12 States for United States civilian agencies or non-Federal 

13 employees to assist in stabilizing and reconstructing a 

14 country or region that is at risk of, in, or is in transition 

15 from, conflict or civil strife, the President may, in accord16 ance with the provisions set forth in section 614(a)(3), 

17 notwithstanding any other provision of law, and on such 

18 terms and conditions as the President may determine, fur19 nish assistance to respond to the crisis. 

20 ‘‘(b) SPECIAL AUTHORITIES.—In furtherance of a de21 termination made under subsection (a), the President may 

22 exercise the authorities contained in sections 552(c)(2) 

23 and 610 of this Act without regard to the percentage and 

24 aggregate dollar limitations contained in such sections. 

25 ‘‘(c) AUTHORIZATION OF FUNDING.— 


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1 ‘‘(1) INITIAL AUTHORIZATION.—There is au2 thorized to be appropriated, without fiscal year limi3 tation, $75,000,000 in funds that may be used to 

4 provide assistance authorized in subsection (a) and, 

5 to the extent authorized under paragraph (2), for 

6 the purpose described in such paragraph. 

7 ‘‘(2) AVAILABILITY OF FUNDS FOR RESPONSE

8 READINESS CORPS.—Of the amount made available 

9 pursuant to paragraph (1) for fiscal year 2007, 

10 $25,000,000 may be made available for expenses re11 lated to the development, training, and operations of 

12 the Response Readiness Corps established under sec13 tion 61(c) of the State Department Basic Authori14 ties Act of 1956. The availability of such funds shall 

15 not be subject to a determination by the President 

16 under subsection (a). 

17 ‘‘(3) REPLENISHMENT.—There is authorized to 

18 be appropriated each fiscal year such sums as may 

19 be necessary to replenish funds expended as pro20 vided under paragraph (1). Funds authorized to be 

21 appropriated under this paragraph shall be available 

22 without fiscal year limitation for the same purpose 

23 and under the same conditions as are provided 

24 under paragraph (1).’’. 


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1 SEC. 6. OFFICE OF THE COORDINATOR FOR RECONSTRUC2 TION AND STABILIZATION. 

3 Title I of the State Department Basic Authorities Act 

4 of 1956 (22 U.S.C. 2651 et seq.) is amended by adding 

5 at the end the following new section: 

6 ‘‘SEC. 61. RECONSTRUCTION AND STABILIZATION. 

7 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON8 STRUCTION AND STABILIZATION.— 

9 ‘‘(1) ESTABLISHMENT.—There is established 

10 within the Department of State the Office of the Co11 ordinator for Reconstruction and Stabilization. 

12 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

13 STABILIZATION.—The head of the Office shall be the 

14 Coordinator for Reconstruction and Stabilization, 

15 who shall be appointed by the President, by and 

16 with the advice and consent of the Senate. The Co17 ordinator shall report directly to the Secretary and 

18 shall have the rank and status of Ambassador at 

19 Large. 

20 ‘‘(3) FUNCTIONS.—The functions of the Office 

21 of the Coordinator for Reconstruction and Stabiliza22 tion include the following: 

23 ‘‘(A) Monitoring, in coordination with rel24 evant bureaus within the Department of State, 

25 political and economic instability worldwide to 

26 anticipate the need for mobilizing United States 


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1 and international assistance for the stabilization 

2 and reconstruction of countries or regions that 

3 are at risk of, in, or are in transition from, con4 flict or civil strife. 

5 ‘‘(B) Assessing the various types of sta6 bilization and reconstruction crises that could 

7 occur and cataloging and monitoring the non8 military resources and capabilities of Executive 

9 agencies that are available to address such cri10 ses. 

11 ‘‘(C) Planning to address requirements, 

12 such as demobilization, policing, human rights 

13 monitoring, and public information, that com14 monly arise in stabilization and reconstruction 

15 crises. 

16 ‘‘(D) Coordinating with relevant Executive 

17 agencies (as that term is defined in section 105 

18 of title 5, United States Code) to develop inter19 agency contingency plans to mobilize and deploy 

20 civilian personnel to address the various types 

21 of such crises. 

22 ‘‘(E) Entering into appropriate arrange23 ments with other Executive agencies to carry 

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1 struction and Stabilization Civilian Manage2 ment Act of 2006. 

3 ‘‘(F) Identifying personnel in State and 

4 local governments and in the private sector who 

5 are available to participate in the Response 

6 Readiness Corps or the Response Readiness Re7 serve established under subsection (b) or to oth8 erwise participate in or contribute to stabiliza9 tion and reconstruction activities. 

10 ‘‘(G) Taking steps to ensure that training 

11 of civilian personnel to perform such stabiliza12 tion and reconstruction activities is adequate 

13 and, as appropriate, includes security training 

14 that involves exercises and simulations with the 

15 Armed Forces, including the regional com16 mands. 

17 ‘‘(H) Sharing information and coordi18 nating plans for stabilization and reconstruction 

19 activities, as appropriate, with the United Na20 tions and its specialized agencies, the North At21 lantic Treaty Organization, nongovernmental 

22 organizations, and other foreign national and 

23 international organizations. 


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1 ‘‘(I) Coordinating plans and procedures for 

2 joint civilian-military operations with respect to 

3 stabilization and reconstruction activities. 

4 ‘‘(J) Maintaining the capacity to field on 

5 short notice an evaluation team to undertake 

6 on-site needs assessment. 

7 ‘‘(b) RESPONSE TO STABILIZATION AND RECON8 STRUCTION CRISIS.—If the President makes a determina9 tion regarding a stabilization and reconstruction crisis 

10 under section 618 of the Foreign Assistance Act of 1961, 

11 the President may designate the Coordinator, or such 

12 other individual as the President may determine appro13 priate, as the Coordinator of the United States response. 

14 The individual so designated, or, in the event the Presi15 dent does not make such a designation, the Coordinator 

16 for Reconstruction and Stabilization, shall— 

17 ‘‘(1) assess the immediate and long-term need 

18 for resources and civilian personnel; 

19 ‘‘(2) identify and mobilize non-military re20 sources to respond to the crisis; and 

21 ‘‘(3) coordinate the activities of the other indi22 viduals or management team, if any, designated by 

23 the President to manage the United States re24 sponse.’’. 


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1 SEC. 7. RESPONSE READINESS CORPS. 

2 (a) IN GENERAL.—Section 61 of the State Depart3 ment Basic Authorities Act of 1956 (as added by section 

4 6) is amended by adding at the end the following new sub5 section: 

6 ‘‘(c) RESPONSE READINESS CORPS.— 

7 ‘‘(1) RESPONSE READINESS ACTIVE DUTY PER8 SONNEL.— 

9 ‘‘(A) ESTABLISHMENT AND PURPOSE.— 

10 The Secretary, in consultation with the Admin11 istrator of the United States Agency for Inter12 national Development, is authorized to establish 

13 a Response Readiness Corps (hereafter referred 

14 to in this section as the ‘Corps’) to provide as15 sistance in support of stabilization and recon16 struction activities in foreign countries or re17 gions that are at risk of, in, or are in transition 

18 from, conflict or civil strife. 

19 ‘‘(B) COMPOSITION.—The Secretary and 

20 Administrator of the United States Agency for 

21 International Development should coordinate in 

22 the recruitment, hiring, and training of— 

23 ‘‘(i) up to 250 personnel to serve in 

24 the active duty Corps; and 

25 ‘‘(ii) such other personnel as the Sec26 retary, in consultation with the AdminisVerDate Aug 31 2005 23:58 May 30, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3322.CPS S3322

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1 trator, may designate as members of the 

2 Corps from among employees of the De3 partment of State and the United States 

4 Agency for International Development. 

5 ‘‘(C) TRAINING.—The Secretary is author6 ized to train the members of the Corps to per7 form services necessary to carry out the pur8 pose of the Corps under subparagraph (A). 

9 ‘‘(D) COMPENSATION.—Members of the 

10 Corps hired under subparagraph (B)(i) shall be 

11 compensated in accordance with the appropriate 

12 salary class for the Foreign Service, as set forth 

13 in sections 402 and 403 of the Foreign Service 

14 Act of 1980 (22 U.S.C. 3962 and 22 U.S.C. 

15 3963), or in accordance with the relevant au16 thority under sections 3101 and 3392 of title 5, 

17 United States Code. 

18 ‘‘(2) RESPONSE READINESS RESERVE DUTY

19 PERSONNEL.— 

20 ‘‘(A) ESTABLISHMENT AND PURPOSE.— 

21 The Secretary, in consultation with the heads of 

22 other relevant Executive agencies, is authorized 

23 to establish and maintain a roster of personnel 

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1 pose of the Corps under paragraph (1)(A). The 

2 personnel listed on the roster shall constitute a 

3 reserve component of the Response Readiness 

4 Corps. 

5 ‘‘(B) FEDERAL EMPLOYEES.—The Re6 sponse Readiness reserve component may in7 clude employees of the Department of State, in8 cluding Foreign Service Nationals, employees of 

9 the United States Agency for International De10 velopment, employees of any other Executive 

11 agency (as that term is defined in section 105 

12 of title 5, United States Code), and employees 

13 from the legislative and judicial branches who— 

14 ‘‘(i) have the training and skills nec15 essary to enable them to contribute to sta16 bilization and reconstruction activities; and 

17 ‘‘(ii) have volunteered for deployment 

18 to carry out stabilization and reconstruc19 tion activities. 

20 ‘‘(C) NON-FEDERAL PERSONNEL.—The 

21 Response Readiness reserve component should 

22 also include at least 500 personnel, which may 

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1 mental organization personnel, and State and 

2 local government employees, who— 

3 ‘‘(i) have the training and skills nec4 essary to enable them to contribute to sta5 bilization and reconstruction activities; and 

6 ‘‘(ii) have volunteered to carry out 

7 stabilization and reconstruction activities. 

8 ‘‘(3) USE OF RESPONSE READINESS CORPS.— 

9 ‘‘(A) RESPONSE READINESS ACTIVE DUTY

10 COMPONENT.—The members of the active duty 

11 Corps are authorized to be available— 

12 ‘‘(i) if responding in support of sta13 bilization and reconstruction activities pur14 suant to a determination by the President 

15 regarding a stabilization and reconstruc16 tion crisis under section 618 of the For17 eign Assistance Act of 1961, for deploy18 ment in support of such activities; and 

19 ‘‘(ii) if not responding as described in 

20 clause (i), for assignment in the United 

21 States, United States diplomatic missions, 

22 and United States Agency for Inter23 national Development missions. 

24 ‘‘(B) RESPONSE READINESS RESERVE

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1 bers of the reserve component under paragraph 

2 (2) in support of stabilization and reconstruc3 tion activities in a foreign country or region if 

4 the President makes a determination regarding 

5 a stabilization and reconstruction crisis under 

6 section 618 of the Foreign Assistance Act of 

7 1961.’’. 

8 (b) EMPLOYMENT AUTHORITY.—The full-time per9 sonnel authorized to be employed in the Response Readi10 ness Corps under section 61(c)(1)(B)(i) of the State De11 partment Basic Authorities Act of 1956 (as added by sub12 section (a)) are in addition to any other full-time per13 sonnel of the Department or the United States Agency for 

14 International Development authorized to be employed 

15 under any other provision of law. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary shall submit 

18 to the appropriate congressional committees a report on 

19 the status of efforts to establish the Response Readiness 

20 Corps under this section. The report should include rec21 ommendations for any legislation necessary to implement 

22 subsection (a). 


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1 SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING 

2 AND EDUCATION. 

3 Section 701 of the Foreign Service Act of 1980 (22 

4 U.S.C. 4021) is amended— 

5 (1) by redesignating subsection (g) as sub6 section (h); and 

7 (2) by inserting after subsection (f) the fol8 lowing new subsection: 

9 ‘‘(g) STABILIZATION AND RECONSTRUCTION CUR10 RICULUM.— 

11 ‘‘(1) ESTABLISHMENT AND MISSION.—The Sec12 retary, in cooperation with the Secretary of Defense 

13 and the Secretary of the Army, is authorized to es14 tablish a stabilization and reconstruction curriculum 

15 for use in programs of the Foreign Service Institute, 

16 the National Defense University, and the United 

17 States Army War College. 

18 ‘‘(2) CURRICULUM CONTENT.—The curriculum 

19 should include the following: 

20 ‘‘(A) An overview of the global security en21 vironment, including an assessment of 

22 transnational threats and an analysis of United 

23 States policy options to address such threats. 

24 ‘‘(B) A review of lessons learned from pre25 vious United States and international experiVerDate Aug 31 2005 23:58 May 30, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3322.CPS S3322

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1 ences in stabilization and reconstruction activi2 ties. 

3 ‘‘(C) An overview of the relevant respon4 sibilities, capabilities, and limitations of various 

5 Executive agencies (as that term is defined in 

6 section 105 of title 5, United States Code) and 

7 the interactions among them. 

8 ‘‘(D) A discussion of the international re9 sources available to address stabilization and 

10 reconstruction requirements, including re11 sources of the United Nations and its special12 ized agencies, nongovernmental organizations, 

13 private and voluntary organizations, and foreign 

14 governments, together with an examination of 

15 the successes and failures experienced by the 

16 United States in working with such entities. 

17 ‘‘(E) A study of the United States inter18 agency system. 

19 ‘‘(F) Foreign language training. 

20 ‘‘(G) Training and simulation exercises for 

21 joint civilian-military emergency response oper22 ations.’’. 


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1 SEC. 9. SERVICE RELATED TO STABILIZATION AND RECON2 STRUCTION. 

3 (a) PROMOTION PURPOSES.—Service in stabilization 

4 and reconstruction operations overseas, membership in the 

5 Response Readiness Corps under section 61(c) of the 

6 State Department Basic Authorities Act of 1956 (as 

7 added by section 7), and education and training in the 

8 stabilization and reconstruction curriculum established 

9 under section 701(g) of the Foreign Service Act of 1980 

10 (as added by section 8) should be considered among the 

11 favorable factors for the promotion of employees of Execu12 tive agencies. 

13 (b) PERSONNEL TRAINING AND PROMOTION.—The 

14 Secretary and the Administrator should take steps to en15 sure that, not later than 3 years after the date of the en16 actment of this Act, at least 10 percent of the employees 

17 of the Department and the United States Agency for 

18 International Development in the United States are mem19 bers of the Response Readiness Corps or are trained in 

20 the activities of, or identified for potential deployment in 

21 support of, the Response Readiness Corps. The Secretary 

22 should provide such training as needed to Ambassadors 

23 and Deputy Chiefs of Mission. 

24 (c) OTHER INCENTIVES AND BENEFITS.—The Sec25 retary and the Administrator may establish and admin26 ister a system of awards and other incentives and benefits 


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1 to confer appropriate recognition on and reward any indi2 vidual who is assigned, detailed, or deployed to carry out 

3 stabilization or reconstruction activities in accordance with 

4 this Act. 

5 SEC. 10. AUTHORITIES RELATED TO PERSONNEL. 

6 (a) CONTRACTING AUTHORITY.— 

7 (1) IN GENERAL.—The Secretary, or the Ad8 ministrator with the concurrence of the Secretary, 

9 may enter into contracts to procure the services of 

10 nationals of the United States (as defined in section 

11 101(a)(22) of the Immigration and Nationality Act 

12 (8 U.S.C. 1101(a)(22)) or aliens authorized to be 

13 employed in the United States as personal services 

14 contractors for the purpose of carrying out this Act, 

15 without regard to Civil Service or classification laws, 

16 for service in the Office of the Coordinator for Re17 construction and Stabilization or for service in for18 eign countries to assist in stabilizing and recon19 structing a country or region that is at risk of, in, 

20 or is in transition from, conflict or civil strife. 

21 (2) NOT EMPLOYEES.—Individuals performing 

22 services under contracts described in paragraph (1) 

23 shall not by virtue of performing such services be 

24 considered to be employees of the United States 

25 Government for purposes of any law administered by 


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1 the Office of Personnel Management (except that 

2 the Secretary or Administrator may determine the 

3 applicability to such individuals of any law adminis4 tered by the Secretary or Administrator concerning 

5 the performance of such services by such individ6 uals). 

7 (b) EXPERTS AND CONSULTANTS.—The Secretary 

8 and the Administrator may, to the extent necessary to ob9 tain services without delay, employ experts and consult10 ants under section 3109 of title 5, United States Code, 

11 for the purpose of carrying out this Act, without requiring 

12 compliance with any otherwise applicable requirements for 

13 that employment as the Secretary or Administrator may 

14 determine, except that such employment shall be termi15 nated after 60 days if by that time the applicable require16 ments are not complied with. 

17 (c) AUTHORITY TO ACCEPT AND ASSIGN DETAILS.— 

18 The Secretary is authorized to accept details or assign19 ments of employees of Executive agencies, members of the 

20 uniformed services, and employees of State or local gov21 ernments on a reimbursable or nonreimbursable basis for 

22 the purpose of carrying out this Act. The assignment of 

23 an employee of a State or local government under this sub24 section shall be consistent with subchapter VI of chapter 

25 33 of title 5, United States Code. 


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1 (d) DUAL COMPENSATION WAIVER FOR ANNUITANTS

2 UNDER CIVIL SERVICE RETIREMENT SYSTEM AND FED3 ERAL EMPLOYEES RETIREMENT SYSTEM.—Notwith4 standing sections 8344(i) and 8468(f) of title 5, United 

5 States Code, the Secretary or the head of another execu6 tive agency, as authorized by the Secretary, may waive the 

7 application of subsections (a) through (h) of such section 

8 8344 and subsections (a) through (e) of such section 8468 

9 with respect to annuitants under the Civil Service Retire10 ment System or the Federal Employees Retirement Sys11 tem who are assigned, detailed, or deployed to assist in 

12 stabilizing and reconstructing a country or region that is 

13 at risk of, in, or is in transition from, conflict or civil strife 

14 during the period of their reemployment. 

15 (e) INCREASE IN PREMIUM PAY CAP.—The Sec16 retary, or the head of another executive agency as author17 ized by the Secretary, may compensate an employee de18 tailed, assigned, or deployed to assist in stabilizing and 

19 reconstructing a country or region that is at risk of, in, 

20 or is in transition from, conflict or civil strife, without re21 gard to the limitations on premium pay set forth in section 

22 5547 of title 5, United States Code, to the extent that 

23 the aggregate of the basic pay and premium pay of such 

24 employee for a year does not exceed the annual rate pay25 able for level II of the Executive Schedule. 


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1 (f) EXTENSION OF CERTAIN FOREIGN SERVICE BEN2 EFITS.—The Secretary, or the head of another executive 

3 agency as authorized by the Secretary, may extend to any 

4 individuals assigned, detailed, or deployed to carry out sta5 bilization and reconstruction activities in accordance with 

6 this Act, the benefits or privileges set forth in sections 

7 412, 413, 704, and 901 of the Foreign Service Act of 1980 

8 (22 U.S.C. 972, 22 U.S.C. 3973, 22 U.S.C. 4024, and 

9 22 U.S.C. 4081) to the same extent and manner that such 

10 benefits and privileges are extended to members of the 

11 Foreign Service. 

12 (g) COMPENSATORY TIME.—Notwithstanding any 

13 other provision of law, the Secretary may, subject to the 

14 consent of an individual who is assigned, detailed, or de15 ployed to carry out stabilization and reconstruction activi16 ties in accordance with this Act, grant such individual 

17 compensatory time off for an equal amount of time spent 

18 in regularly or irregularly scheduled overtime work. Credit 

19 for compensatory time off earned shall not form the basis 

20 for any additional compensation. Any such compensatory 

21 time not used within 26 pay periods shall be forfeited. 

22 (h) ACCEPTANCE OF VOLUNTEER SERVICES.— 

23 (1) IN GENERAL.—The Secretary may accept 

24 volunteer services for the purpose of carrying out 


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1 this Act without regard to section 1342 of title 31, 

2 United States Code. 

3 (2) TYPES OF VOLUNTEERS.—Donors of vol4 untary services accepted for purposes of this section 

5 may include— 

6 (A) advisors; 

7 (B) experts; 

8 (C) consultants; and 

9 (D) persons performing services in any 

10 other capacity determined appropriate by the 

11 Secretary. 

12 (3) SUPERVISION.—The Secretary shall— 

13 (A) ensure that each person performing 

14 voluntary services accepted under this section is 

15 notified of the scope of the voluntary services 

16 accepted; 

17 (B) supervise the volunteer to the same ex18 tent as employees receiving compensation for 

19 similar services; and 

20 (C) ensure that the volunteer has appro21 priate credentials or is otherwise qualified to 

22 perform in each capacity for which the volun23 teer’s services are accepted. 

24 (4) APPLICABILITY OF LAW RELATING TO FED25 ERAL GOVERNMENT EMPLOYEES.—A person proVerDate Aug 31 2005 23:58 May 30, 2006 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3322.CPS S3322

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1 viding volunteer services accepted under this section 

2 shall not be considered an employee of the Federal 

3 Government in the performance of those services, ex4 cept for the purposes of the following provisions of 

5 law: 

6 (A) Chapter 81 of title 5, United States 

7 Code, relating to compensation for work-related 

8 injuries. 

9 (B) Chapter 11 of title 18, United States 

10 Code, relating to conflicts of interest. 

11 (5) APPLICABILITY OF LAW RELATING TO VOL12 UNTEER LIABILITY PROTECTION.— 

13 (A) IN GENERAL.—A person providing vol14 unteer services accepted under this section shall 

15 be deemed to be a volunteer of a nonprofit or16 ganization or governmental entity, with respect 

17 to the accepted services, for purposes of the 

18 Volunteer Protection Act of 1997 (42 U.S.C. 

19 14501 et seq.). 

20 (B) INAPPLICABILITY OF EXCEPTIONS TO

21 VOLUNTEER LIABILITY PROTECTION.—Section 

22 4(d) of such Act (42 U.S.C. 14503(d)) does not 

23 apply with respect to the liability of a person 

24 with respect to services of such person that are 

25 accepted under this section. 


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25 

•S 3322 CPS

1 (i) AUTHORITY FOR OUTSIDE ADVISORS.— 

2 (1) IN GENERAL.—The Secretary may establish 

3 temporary advisory commissions composed of indi4 viduals with appropriate expertise to facilitate the 

5 carrying out of this Act. 

6 (2) INAPPLICABILITY OF FACA.—The require7 ments of the Federal Advisory Committee Act (5 

8 U.S.C. App.) shall not apply to the activities of a 

9 commission established under this subsection. 

10 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated $80,000,000 

12 for fiscal year 2007 for personnel, education and training, 

13 equipment, and travel costs for purposes of carrying out 

14 this Act and the amendments made by this Act. 

Æ 


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