109TH CONGRESS

2D SESSION S. 3322

AN ACT

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’’.
 †

2

S 3322 ES

1 SEC. 2. FINDING; PURPOSE.

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

3 the United States Armed Forces have been burdened by

4 having to undertake stabilization and reconstruction tasks

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

6 the world that could have been performed by civilians,

7 which has resulted in lengthy deployments for Armed

8 Forces personnel.

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

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

11 Department of State and the United States Agency for

12 International Development, of an effective expert civilian

13 response capability to carry out reconstruction and sta14 bilization activities in a country or region that is at risk

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

16 SEC. 3. DEFINITIONS.

17 In this Act:

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the United

20 States Agency for International Development.

21 (2) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means the Committee on Foreign Relations

24 of the Senate and the Committee on International

25 Relations of the House of Representatives.
†

3

S 3322 ES

1 (3) DEPARTMENT.—Except as otherwise pro2 vided in this Act, the term ‘‘Department’’ means the

3 Department of State.

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

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

6 105 of title 5, United States Code.

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

8 the Secretary of State.

9 SEC. 4. SENSE OF CONGRESS.

10 It is the sense of Congress that—

11 (1) the civilian element of United States joint

12 civilian-military operations should be strengthened in

13 order to enhance the execution of current and future

14 reconstruction and stabilization activities in foreign

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

16 in transition from, conflict or civil strife;

17 (2) the capability of civilian agencies of the

18 United States Government to carry out reconstruc19 tion and stabilization activities in such countries or

20 regions should also be enhanced through a new rapid

21 response corps of civilian experts supported by the

22 establishment of a new system of planning, organiza23 tion, personnel policies, and education and training,

24 and the provision of adequate resources;
†

4

S 3322 ES

1 (3) the international community, including non2 governmental organizations, and the United Nations

3 and its specialized agencies, should be further en4 couraged to participate in planning and organizing

5 reconstruction and stabilization activities in such

6 countries or regions;

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

8 steps to strengthen civilian capability, including the

9 establishment of an office headed by a Coordinator

10 for Reconstruction and Stabilization in the Depart11 ment, the Presidential designation of the Secretary

12 as the interagency coordinator and leader of recon13 struction and stabilization efforts, and Department

14 of Defense directives to the military to support the

15 Office of Reconstruction and Stabilization and to

16 work closely with counterparts in the Department of

17 State and other civilian agencies to develop and en18 hance personnel, training, planning, and analysis;

19 (5) the Secretary and the Administrator should

20 work with the Secretary of Defense to augment ex21 isting personnel exchange programs among the De22 partment, the United States Agency for Inter23 national Development, and the Department of De24 fense, including the regional commands and the

25 Joint Staff, to enhance the stabilization and recon-
†

5

S 3322 ES

1 struction skills of military and civilian personnel and

2 their ability to undertake joint operations; and

3 (6) the heads of other executive agencies should

4 establish personnel exchange programs that are de5 signed to enhance the stabilization and reconstruc6 tion skills of military and civilian personnel.

7 SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE FOR RECON8 STRUCTION AND STABILIZATION CRISES.

9 Chapter 1 of part III of the Foreign Assistance Act

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

11 after section 617 the following new section:

12 ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STA13 BILIZATION CRISIS.

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

15 it is important to the national interests of the United

16 States for United States civilian agencies or non-Federal

17 employees to assist in stabilizing and reconstructing a

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

19 from, conflict or civil strife, the President may, in accord20 ance with the provisions set forth in section 614(a)(3),

21 notwithstanding any other provision of law, and on such

22 terms and conditions as the President may determine, fur23 nish assistance to respond to the crisis.

24 ‘‘(b) SPECIAL AUTHORITIES.—In furtherance of a de25 termination made under subsection (a), the President may
†

6

S 3322 ES

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

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

3 aggregate dollar limitations contained in such sections.

4 ‘‘(c) AUTHORIZATION OF FUNDING.—

5 ‘‘(1) INITIAL AUTHORIZATION.—There is au6 thorized to be appropriated, without fiscal year limi7 tation, $75,000,000 in funds that may be used to

8 provide assistance authorized in subsection (a) and,

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

10 the purpose described in such paragraph.

11 ‘‘(2) AVAILABILITY OF FUNDS FOR RESPONSE

12 READINESS CORPS.—Of the amount made available

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

14 $25,000,000 may be made available for expenses re15 lated to the development, training, and operations of

16 the Response Readiness Corps established under sec17 tion 61(c) of the State Department Basic Authori18 ties Act of 1956.

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

20 be appropriated each fiscal year such sums as may

21 be necessary to replenish funds expended as pro22 vided under paragraph (1). Funds authorized to be

23 appropriated under this paragraph shall be available

24 without fiscal year limitation for the same purpose
†

7

S 3322 ES

1 and under the same conditions as are provided

2 under paragraph (1).’’.

3 SEC. 6. OFFICE OF THE COORDINATOR FOR RECONSTRUC4 TION AND STABILIZATION.

5 Title I of the State Department Basic Authorities Act

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

7 at the end the following new section:

8 ‘‘SEC. 61. RECONSTRUCTION AND STABILIZATION.

9 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON10 STRUCTION AND STABILIZATION.—

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

12 within the Department of State the Office of the Co13 ordinator for Reconstruction and Stabilization.

14 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

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

16 Coordinator for Reconstruction and Stabilization,

17 who shall be appointed by the President, by and

18 with the advice and consent of the Senate. The Co19 ordinator shall report directly to the Secretary and

20 shall have the rank and status of Ambassador at

21 Large.

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

23 of the Coordinator for Reconstruction and Stabiliza24 tion include the following:
†

8

S 3322 ES

1 ‘‘(A) Monitoring, in coordination with rel2 evant bureaus within the Department of State,

3 political and economic instability worldwide to

4 anticipate the need for mobilizing United States

5 and international assistance for the stabilization

6 and reconstruction of countries or regions that

7 are at risk of, in, or are in transition from, con8 flict or civil strife.

9 ‘‘(B) Assessing the various types of sta10 bilization and reconstruction crises that could

11 occur and cataloging and monitoring the non12 military resources and capabilities of Executive

13 agencies that are available to address such cri14 ses.

15 ‘‘(C) Planning to address requirements,

16 such as demobilization, policing, human rights

17 monitoring, and public information, that com18 monly arise in stabilization and reconstruction

19 crises.

20 ‘‘(D) Coordinating with relevant Executive

21 agencies (as that term is defined in section 105

22 of title 5, United States Code) to develop inter23 agency contingency plans to mobilize and deploy

24 civilian personnel to address the various types

25 of such crises.
†

9

S 3322 ES

1 ‘‘(E) Entering into appropriate arrange2 ments with other Executive agencies to carry

3 out activities under this section and the Recon4 struction and Stabilization Civilian Manage5 ment Act of 2006.

6 ‘‘(F) Identifying personnel in State and

7 local governments and in the private sector who

8 are available to participate in the Response

9 Readiness Corps or the Response Readiness Re10 serve established under subsection (b) or to oth11 erwise participate in or contribute to stabiliza12 tion and reconstruction activities.

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

14 of civilian personnel to perform such stabiliza15 tion and reconstruction activities is adequate

16 and, as appropriate, includes security training

17 that involves exercises and simulations with the

18 Armed Forces, including the regional com19 mands.

20 ‘‘(H) Sharing information and coordi21 nating plans for stabilization and reconstruction

22 activities, as appropriate, with the United Na23 tions and its specialized agencies, the North At24 lantic Treaty Organization, nongovernmental
†

10

S 3322 ES

1 organizations, and other foreign national and

2 international organizations.

3 ‘‘(I) Coordinating plans and procedures for

4 joint civilian-military operations with respect to

5 stabilization and reconstruction activities.

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

7 short notice an evaluation team to undertake

8 on-site needs assessment.

9 ‘‘(b) RESPONSE TO STABILIZATION AND RECON10 STRUCTION CRISIS.—If the President makes a determina11 tion regarding a stabilization and reconstruction crisis

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

13 the President may designate the Coordinator, or such

14 other individual as the President may determine appro15 priate, as the Coordinator of the United States response.

16 The individual so designated, or, in the event the Presi17 dent does not make such a designation, the Coordinator

18 for Reconstruction and Stabilization, shall—

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

20 for resources and civilian personnel;

21 ‘‘(2) identify and mobilize non-military re22 sources to respond to the crisis; and

23 ‘‘(3) coordinate the activities of the other indi24 viduals or management team, if any, designated by
†

11

S 3322 ES

1 the President to manage the United States re2 sponse.’’.

3 SEC. 7. RESPONSE READINESS CORPS.

4 (a) IN GENERAL.—Section 61 of the State Depart5 ment Basic Authorities Act of 1956 (as added by section

6 6) is amended by adding at the end the following new sub7 section:

8 ‘‘(c) RESPONSE READINESS CORPS.—

9 ‘‘(1) RESPONSE READINESS ACTIVE DUTY PER10 SONNEL.—

11 ‘‘(A) ESTABLISHMENT AND PURPOSE.—

12 The Secretary, in consultation with the Admin13 istrator of the United States Agency for Inter14 national Development, is authorized to establish

15 a Response Readiness Corps (hereafter referred

16 to in this section as the ‘Corps’) to provide as17 sistance in support of stabilization and recon18 struction activities in foreign countries or re19 gions that are at risk of, in, or are in transition

20 from, conflict or civil strife.

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

22 Administrator of the United States Agency for

23 International Development should coordinate in

24 the recruitment, hiring, and training of—
†

12

S 3322 ES

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

2 the active duty Corps; and

3 ‘‘(ii) such other personnel as the Sec4 retary, in consultation with the Adminis5 trator, may designate as members of the

6 Corps from among employees of the De7 partment of State and the United States

8 Agency for International Development.

9 ‘‘(C) TRAINING.—The Secretary is author10 ized to train the members of the Corps to per11 form services necessary to carry out the pur12 pose of the Corps under subparagraph (A).

13 ‘‘(D) COMPENSATION.—Members of the

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

15 compensated in accordance with the appropriate

16 salary class for the Foreign Service, as set forth

17 in sections 402 and 403 of the Foreign Service

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

19 3963), or in accordance with the relevant au20 thority under sections 3101 and 3392 of title 5,

21 United States Code.

22 ‘‘(2) RESPONSE READINESS RESERVE DUTY

23 PERSONNEL.—

24 ‘‘(A) ESTABLISHMENT AND PURPOSE.—

25 The Secretary, in consultation with the heads of
†

13

S 3322 ES

1 other relevant Executive agencies, is authorized

2 to establish and maintain a roster of personnel

3 who are trained and available as needed to per4 form services necessary to carry out the pur5 pose of the Corps under paragraph (1)(A). The

6 personnel listed on the roster shall constitute a

7 reserve component of the Response Readiness

8 Corps.

9 ‘‘(B) FEDERAL EMPLOYEES.—The Re10 sponse Readiness reserve component may in11 clude employees of the Department of State, in12 cluding Foreign Service Nationals, employees of

13 the United States Agency for International De14 velopment, employees of any other Executive

15 agency (as that term is defined in section 105

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

17 from the legislative and judicial branches who—

18 ‘‘(i) have the training and skills nec19 essary to enable them to contribute to sta20 bilization and reconstruction activities; and

21 ‘‘(ii) have volunteered for deployment

22 to carry out stabilization and reconstruc23 tion activities.

24 ‘‘(C) NON-FEDERAL PERSONNEL.—The

25 Response Readiness reserve component should
†

14

S 3322 ES

1 also include at least 500 personnel, which may

2 include retired employees of the Federal Gov3 ernment, contractor personnel, nongovern4 mental organization personnel, and State and

5 local government employees, who—

6 ‘‘(i) have the training and skills nec7 essary to enable them to contribute to sta8 bilization and reconstruction activities; and

9 ‘‘(ii) have volunteered to carry out

10 stabilization and reconstruction activities.

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

12 ‘‘(A) RESPONSE READINESS ACTIVE DUTY

13 COMPONENT.—The members of the active duty

14 Corps are authorized to be available—

15 ‘‘(i) if responding in support of sta16 bilization and reconstruction activities pur17 suant to a determination by the President

18 regarding a stabilization and reconstruc19 tion crisis under section 618 of the For20 eign Assistance Act of 1961, for deploy21 ment in support of such activities; and

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

23 clause (i), for assignment in the United

24 States, United States diplomatic missions,
†

15

S 3322 ES

1 and United States Agency for Inter2 national Development missions.

3 ‘‘(B) RESPONSE READINESS RESERVE

4 COMPONENT.—The Secretary may deploy mem5 bers of the reserve component under paragraph

6 (2) in support of stabilization and reconstruc7 tion activities in a foreign country or region if

8 the President makes a determination regarding

9 a stabilization and reconstruction crisis under

10 section 618 of the Foreign Assistance Act of

11 1961.’’.

12 (b) EMPLOYMENT AUTHORITY.—The full-time per13 sonnel authorized to be employed in the Response Readi14 ness Corps under section 61(c)(1)(B)(i) of the State De15 partment Basic Authorities Act of 1956 (as added by sub16 section (a)) are in addition to any other full-time per17 sonnel of the Department or the United States Agency for

18 International Development authorized to be employed

19 under any other provision of law.

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

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

22 to the appropriate congressional committees a report on

23 the status of efforts to establish the Response Readiness

24 Corps under this section. The report should include rec-
†

16

S 3322 ES

1 ommendations for any legislation necessary to implement

2 subsection (a).

3 SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING

4 AND EDUCATION.

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

6 U.S.C. 4021) is amended—

7 (1) by redesignating subsection (g) as sub8 section (h); and

9 (2) by inserting after subsection (f) the fol10 lowing new subsection:

11 ‘‘(g) STABILIZATION AND RECONSTRUCTION CUR12 RICULUM.—

13 ‘‘(1) ESTABLISHMENT AND MISSION.—The Sec14 retary, in cooperation with the Secretary of Defense

15 and the Secretary of the Army, is authorized to es16 tablish a stabilization and reconstruction curriculum

17 for use in programs of the Foreign Service Institute,

18 the National Defense University, and the United

19 States Army War College.

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

21 should include the following:

22 ‘‘(A) An overview of the global security en23 vironment, including an assessment of

24 transnational threats and an analysis of United

25 States policy options to address such threats.
†

17

S 3322 ES

1 ‘‘(B) A review of lessons learned from pre2 vious United States and international experi3 ences in stabilization and reconstruction activi4 ties.

5 ‘‘(C) An overview of the relevant respon6 sibilities, capabilities, and limitations of various

7 Executive agencies (as that term is defined in

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

9 the interactions among them.

10 ‘‘(D) A discussion of the international re11 sources available to address stabilization and

12 reconstruction requirements, including re13 sources of the United Nations and its special14 ized agencies, nongovernmental organizations,

15 private and voluntary organizations, and foreign

16 governments, together with an examination of

17 the successes and failures experienced by the

18 United States in working with such entities.

19 ‘‘(E) A study of the United States inter20 agency system.

21 ‘‘(F) Foreign language training.

22 ‘‘(G) Training and simulation exercises for

23 joint civilian-military emergency response oper24 ations.’’.
†

18

S 3322 ES

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
†

19

S 3322 ES

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
†

20

S 3322 ES

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.
†

21

S 3322 ES

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.
†

22

S 3322 ES

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
†

23

S 3322 ES

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 pro-
†

24

S 3322 ES

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.
†

25

S 3322 ES

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.

Passed the Senate May 26, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3322

AN ACT

To build operational readiness in civilian agencies,

and for other purposes.