II 

110TH CONGRESS 

1ST SESSION S. 613 

To enhance the overseas stabilization and reconstruction capabilities of the 

United States Government, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. LUGAR (for himself and Mr. BIDEN) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To enhance the overseas stabilization and reconstruction capabilities of the United States Government, 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 2007’’. 

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— 

19 (A) the Committee on Foreign Relations of 

20 the Senate; and 

21 (B) the Committee on Foreign Affairs of 

22 the House of Representatives. 

23 (3) DEPARTMENT.—Except as otherwise pro24 vided in this Act, the term ‘‘Department’’ means the 

25 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 

25 establish personnel exchange programs that are deVerDate Aug 31 2005 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S613.IS S613

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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) ASSISTANCE.— 

11 ‘‘(1) IN GENERAL.—If the President determines 

12 that it is important to the national interests of the 

13 United States for United States civilian agencies or 

14 non-Federal employees to assist in stabilizing and 

15 reconstructing a country or region that is at risk of, 

16 in, or is in transition from, conflict or civil strife, the 

17 President may, in accordance with the provisions set 

18 forth in section 614(a)(3), notwithstanding any 

19 other provision of law, and on such terms and condi20 tions as the President may determine, furnish assist21 ance to respond to the crisis using funds referred to 

22 in paragraph (2). 

23 ‘‘(2) FUNDS.—The funds referred to in this 

24 paragraph are funds as follows: 


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1 ‘‘(A) Funds made available under this sec2 tion, including funds authorized to be appro3 priated by subsection (d). 

4 ‘‘(B) Funds made available under other 

5 provisions of this Act and transferred or repro6 grammed for purposes of this section. 

7 ‘‘(b) SPECIAL AUTHORITIES.—In furtherance of a de8 termination made under subsection (a), the President may 

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

10 and 610 without regard to the percentage and aggregate 

11 dollar limitations contained in such sections. 

12 ‘‘(c) AVAILABILITY OF FUNDS FOR RESPONSE READ13 INESS CORPS.—Of the funds made available for this sec14 tion in any fiscal year, including funds authorized to be 

15 appropriated by subsection (d) and funds made available 

16 under other provisions of this Act and transferred or re17 programmed for purposes of this section, $25,000,000 

18 may be made available for expenses related to the develop19 ment, training, and operations of the Response Readiness 

20 Corps established under section 61(c) of the State Depart21 ment Basic Authorities Act of 1956. 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) AUTHORIZATION.—There is authorized to 

24 be appropriated $75,000,000 to provide assistance 

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1 thorized in subsection (c), for the purpose described 

2 in subsection (c). Such amount is in addition to 

3 amounts otherwise made available for purposes of 

4 this section, including funds made available under 

5 other provisions of this Act and transferred or repro6 grammed for purposes of this section. 

7 ‘‘(2) REPLENISHMENT.—There is authorized to 

8 be appropriated each fiscal year such sums as may 

9 be necessary to replenish funds expended under this 

10 section. 

11 ‘‘(3) AVAILABILITY.—Funds authorized to be 

12 appropriated under this subsection shall be available 

13 without fiscal year limitation.’’. 

14 SEC. 6. OFFICE OF THE COORDINATOR FOR RECONSTRUC15 TION AND STABILIZATION. 

16 Title I of the State Department Basic Authorities Act 

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

18 at the end the following new section: 

19 ‘‘SEC. 61. RECONSTRUCTION AND STABILIZATION. 

20 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON21 STRUCTION AND STABILIZATION.— 

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

23 within the Department of State the Office of the Co24 ordinator for Reconstruction and Stabilization. 


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1 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

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

3 Coordinator for Reconstruction and Stabilization, 

4 who shall be appointed by the President, by and 

5 with the advice and consent of the Senate. The Co6 ordinator shall report directly to the Secretary and 

7 shall have the rank and status of Ambassador at 

8 Large. 

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

10 of the Coordinator for Reconstruction and Stabiliza11 tion include the following: 

12 ‘‘(A) Monitoring, in coordination with rel13 evant bureaus within the Department of State, 

14 political and economic instability worldwide to 

15 anticipate the need for mobilizing United States 

16 and international assistance for the stabilization 

17 and reconstruction of countries or regions that 

18 are at risk of, in, or are in transition from, con19 flict or civil strife. 

20 ‘‘(B) Assessing the various types of sta21 bilization and reconstruction crises that could 

22 occur and cataloging and monitoring the non23 military resources and capabilities of Executive 

24 agencies that are available to address such cri25 ses. 


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1 ‘‘(C) Planning to address requirements, 

2 such as demobilization, policing, human rights 

3 monitoring, and public information, that com4 monly arise in stabilization and reconstruction 

5 crises. 

6 ‘‘(D) Coordinating with relevant Executive 

7 agencies (as that term is defined in section 105 

8 of title 5, United States Code) to develop inter9 agency contingency plans to mobilize and deploy 

10 civilian personnel to address the various types 

11 of such crises. 

12 ‘‘(E) Entering into appropriate arrange13 ments with other Executive agencies to carry 

14 out activities under this section and the Recon15 struction and Stabilization Civilian Manage16 ment Act of 2007. 

17 ‘‘(F) Identifying personnel in State and 

18 local governments and in the private sector who 

19 are available to participate in the Response 

20 Readiness Corps established under subsection 

21 (c) or to otherwise participate in or contribute 

22 to stabilization and reconstruction activities. 

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

24 of civilian personnel to perform such stabiliza25 tion and reconstruction activities is adequate 


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1 and, as appropriate, includes security training 

2 that involves exercises and simulations with the 

3 Armed Forces, including the regional com4 mands. 

5 ‘‘(H) Sharing information and coordi6 nating plans for stabilization and reconstruction 

7 activities, as appropriate, with the United Na8 tions and its specialized agencies, the North At9 lantic Treaty Organization, nongovernmental 

10 organizations, and other foreign national and 

11 international organizations. 

12 ‘‘(I) Coordinating plans and procedures for 

13 joint civilian-military operations with respect to 

14 stabilization and reconstruction activities. 

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

16 short notice an evaluation team to undertake 

17 on-site needs assessment. 

18 ‘‘(b) RESPONSE TO STABILIZATION AND RECON19 STRUCTION CRISIS.—If the President makes a determina20 tion regarding a stabilization and reconstruction crisis 

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

22 the President may designate the Coordinator, or such 

23 other individual as the President may determine appro24 priate, as the Coordinator of the United States response. 

25 The individual so designated, or, in the event the PresiVerDate Aug 31 2005 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S613.IS S613

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1 dent does not make such a designation, the Coordinator 

2 for Reconstruction and Stabilization, shall— 

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

4 for resources and civilian personnel; 

5 ‘‘(2) identify and mobilize non-military re6 sources to respond to the crisis; and 

7 ‘‘(3) coordinate the activities of the other indi8 viduals or management team, if any, designated by 

9 the President to manage the United States re10 sponse.’’. 

11 SEC. 7. RESPONSE READINESS CORPS. 

12 (a) IN GENERAL.—Section 61 of the State Depart13 ment Basic Authorities Act of 1956 (as added by section 

14 6) is amended by adding at the end the following new sub15 section: 

16 ‘‘(c) RESPONSE READINESS CORPS.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with the Administrator of the United States 

19 Agency for International Development and the heads 

20 of other appropriate departments and agencies of 

21 the United States Government, is authorized to es22 tablish and maintain a Response Readiness Corps 

23 (hereafter referred to in this subsection as the 

24 ‘Corps’) to provide assistance in support of stabiliza25 tion and reconstruction activities in foreign countries 


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1 or regions that are at risk of, in, or are in transition 

2 from, conflict or civil strife. 

3 ‘‘(2) FEDERAL COMPONENTS.— 

4 ‘‘(A) ACTIVE AND STANDBY COMPO5 NENTS.—The Corps shall have active and 

6 standby components consisting of United States 

7 Government personnel as follows: 

8 ‘‘(i) An active component, consisting 

9 of not more than 250 personnel who are 

10 recruited, employed, and trained in accord11 ance with this paragraph. 

12 ‘‘(ii) A standby component, consisting 

13 of not more than 2000 personnel who are 

14 recruited and trained in accordance with 

15 this paragraph. 

16 ‘‘(B) AUTHORIZED MEMBERS OF STANDBY

17 COMPONENT.—Personnel in the standby compo18 nent of the Corps may include employees of the 

19 Department of State (including Foreign Service 

20 Nationals), employees of the United States 

21 Agency for International Development, employ22 ees of any other executive agency (as that term 

23 is defined in section 105 of title 5, United 

24 States Code), and employees of the legislative 

25 branch and judicial branch of Government— 


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1 ‘‘(i) who are assigned to the standby 

2 component by the Secretary following nom3 ination for such assignment by the head of 

4 the department or agency of the United 

5 States Government concerned or by an ap6 propriate official of the legislative or judi7 cial branch of Government, as applicable; 

8 and 

9 ‘‘(ii) who— 

10 ‘‘(I) have the training and skills 

11 necessary to contribute to stabilization 

12 and reconstruction activities; and 

13 ‘‘(II) have volunteered for deploy14 ment to carry out stabilization and re15 construction activities. 

16 ‘‘(C) RECRUITMENT AND EMPLOYMENT.— 

17 The recruitment and employment of personnel 

18 to the Corps shall be carried out by the Sec19 retary, the Administrator of the United States 

20 Agency for International Development, and the 

21 heads of the other departments and agencies of 

22 the United States Government participating in 

23 the establishment and maintenance of the 

24 Corps. 


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1 ‘‘(D) TRAINING.—The Secretary is author2 ized to train the members of the Corps under 

3 this paragraph to perform services necessary to 

4 carry out the purpose of the Corps under para5 graph (1). 

6 ‘‘(E) COMPENSATION.—Members of the 

7 active component of the Corps under subpara8 graph (A)(i) shall be compensated in accord9 ance with the appropriate salary class for the 

10 Foreign Service, as set forth in sections 402 

11 and 403 of the Foreign Service Act of 1980 (22 

12 U.S.C. 3962, 3963), or in accordance with the 

13 relevant authority under sections 3101 and 

14 3392 of title 5, United States Code. 

15 ‘‘(3) CIVILIAN RESERVE.— 

16 ‘‘(A) CIVILIAN RESERVE.—The Corps shall 

17 have a reserve (hereafter referred to in this 

18 subsection as the ‘Civilian Reserve’) of non19 United States Government personnel who are 

20 trained and available as needed to perform serv21 ices necessary to carry out the purpose of the 

22 Corps under paragraph (1). The Civilian Re23 serve shall be established by the Secretary, in 

24 consultation with the Administrator of the 

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1 ment and the heads of other appropriate de2 partments and agencies of the United States 

3 Government. 

4 ‘‘(B) COMPOSITION.—Beginning not later 

5 than one year after the date of the enactment 

6 of the Reconstruction and Stabilization Civilian 

7 Management Act of 2007, the Civilian Reserve 

8 shall include at least 500 personnel, who may 

9 include retired employees of the United States 

10 Government, contractor personnel, nongovern11 mental organization personnel, State and local 

12 government employees, and individuals from the 

13 private sector, who— 

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

17 ‘‘(ii) have volunteered to carry out 

18 stabilization and reconstruction activities; 

19 and 

20 ‘‘(iii) are available for training and 

21 deployment to carry out the purpose of the 

22 Corps under paragraph (1). 

23 ‘‘(4) USE OF RESPONSE READINESS CORPS.— 

24 ‘‘(A) FEDERAL ACTIVE COMPONENT.— 

25 Members of the active component of the Corps 


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1 under paragraph (2)(A)(i) are authorized to be 

2 available— 

3 ‘‘(i) for activities in direct support of 

4 stabilization and reconstruction activities; 

5 and 

6 ‘‘(ii) if not engaged in activities de7 scribed in clause (i), for assignment in the 

8 United States, United States diplomatic 

9 missions, and United States Agency for 

10 International Development missions. 

11 ‘‘(B) FEDERAL STANDBY COMPONENT AND

12 CIVILIAN RESERVE.—The Secretary may deploy 

13 members of the Federal standby component of 

14 the Corps under paragraph (2)(A)(ii), and 

15 members of the Civilian Reserve under para16 graph (3), in support of stabilization and recon17 struction activities in a foreign country or re18 gion if the President makes a determination re19 garding a stabilization and reconstruction crisis 

20 under section 618 of the Foreign Assistance 

21 Act of 1961.’’. 

22 (b) EMPLOYMENT AUTHORITY.—The full-time per23 sonnel in the active component of the Response Readiness 

24 Corps under section 61(c)(2)(A)(i) of the State Depart25 ment Basic Authorities Act of 1956 (as added by subVerDate Aug 31 2005 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S613.IS S613

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1 section (a)) are in addition to any other full-time per2 sonnel of the Department or the United States Agency for 

3 International Development authorized to be employed 

4 under any other provision of law. 

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

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

7 to the appropriate congressional committees a report on 

8 the status of efforts to establish the Response Readiness 

9 Corps under this section. The report should include rec10 ommendations for any legislation necessary to implement 

11 section 61(c) of the State Department Basic Authorities 

12 Act of 1956 (as so added). 

13 SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING 

14 AND EDUCATION. 

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

16 U.S.C. 4021) is amended— 

17 (1) by redesignating subsection (g) as sub18 section (h); and 

19 (2) by inserting after subsection (f) the fol20 lowing new subsection: 

21 ‘‘(g) STABILIZATION AND RECONSTRUCTION CUR22 RICULUM.— 

23 ‘‘(1) ESTABLISHMENT AND MISSION.—The Sec24 retary, in cooperation with the Secretary of Defense 

25 and the Secretary of the Army, is authorized to esVerDate Aug 31 2005 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S613.IS S613

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1 tablish a stabilization and reconstruction curriculum 

2 for use in programs of the Foreign Service Institute, 

3 the National Defense University, and the United 

4 States Army War College. 

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

6 should include the following: 

7 ‘‘(A) An overview of the global security en8 vironment, including an assessment of 

9 transnational threats and an analysis of United 

10 States policy options to address such threats. 

11 ‘‘(B) A review of lessons learned from pre12 vious United States and international experi13 ences in stabilization and reconstruction activi14 ties. 

15 ‘‘(C) An overview of the relevant respon16 sibilities, capabilities, and limitations of various 

17 Executive agencies (as that term is defined in 

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

19 the interactions among them. 

20 ‘‘(D) A discussion of the international re21 sources available to address stabilization and 

22 reconstruction requirements, including re23 sources of the United Nations and its special24 ized agencies, nongovernmental organizations, 

25 private and voluntary organizations, and foreign 


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1 governments, together with an examination of 

2 the successes and failures experienced by the 

3 United States in working with such entities. 

4 ‘‘(E) A study of the United States inter5 agency system. 

6 ‘‘(F) Foreign language training. 

7 ‘‘(G) Training and simulation exercises for 

8 joint civilian-military emergency response oper9 ations.’’. 

10 SEC. 9. SERVICE RELATED TO STABILIZATION AND RECON11 STRUCTION. 

12 (a) PROMOTION PURPOSES.—Service in stabilization 

13 and reconstruction operations overseas, membership in the 

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

15 State Department Basic Authorities Act of 1956 (as 

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

17 stabilization and reconstruction curriculum established 

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

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

20 favorable factors for the promotion of employees of Execu21 tive agencies. 

22 (b) PERSONNEL TRAINING AND PROMOTION.—The 

23 Secretary and the Administrator should take steps to en24 sure that, not later than 3 years after the date of the en25 actment of this Act, at least 10 percent of the employees 


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1 of the Department and the United States Agency for 

2 International Development in the United States are mem3 bers of the Response Readiness Corps or are trained in 

4 the activities of, or identified for potential deployment in 

5 support of, the Response Readiness Corps. The Secretary 

6 should provide such training as needed to Ambassadors 

7 and Deputy Chiefs of Mission. 

8 (c) OTHER INCENTIVES AND BENEFITS.—The Sec9 retary and the Administrator may establish and admin10 ister a system of awards and other incentives and benefits 

11 to confer appropriate recognition on and reward any indi12 vidual who is assigned, detailed, or deployed to carry out 

13 stabilization or reconstruction activities in accordance with 

14 this Act. 

15 SEC. 10. AUTHORITIES RELATED TO PERSONNEL. 

16 (a) CONTRACTING AUTHORITY.— 

17 (1) IN GENERAL.—The Secretary, or the Ad18 ministrator with the concurrence of the Secretary, 

19 may enter into contracts to procure the services of 

20 nationals of the United States (as defined in section 

21 101(a)(22) of the Immigration and Nationality Act 

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

23 employed in the United States as personal services 

24 contractors for the purpose of carrying out this Act, 

25 without regard to Civil Service or classification laws, 


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1 for service in the Office of the Coordinator for Re2 construction and Stabilization or for service in for3 eign countries to assist in stabilizing and recon4 structing a country or region that is at risk of, in, 

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

6 (2) NOT EMPLOYEES.—Individuals performing 

7 services under contracts described in paragraph (1) 

8 shall not by virtue of performing such services be 

9 considered to be employees of the United States 

10 Government for purposes of any law administered by 

11 the Office of Personnel Management (except that 

12 the Secretary or Administrator may determine the 

13 applicability to such individuals of any law adminis14 tered by the Secretary or Administrator concerning 

15 the performance of such services by such individ16 uals). 

17 (b) EXPERTS AND CONSULTANTS.—The Secretary 

18 and the Administrator may, to the extent necessary to ob19 tain services without delay, employ experts and consult20 ants under section 3109 of title 5, United States Code, 

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

22 compliance with any otherwise applicable requirements for 

23 that employment as the Secretary or Administrator may 

24 determine, except that such employment shall be termiVerDate Aug 31 2005 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S613.IS S613

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1 nated after 60 days if by that time the applicable require2 ments are not complied with. 

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

4 The Secretary is authorized to accept details or assign5 ments of employees of Executive agencies, members of the 

6 uniformed services, and employees of State or local gov7 ernments on a reimbursable or nonreimbursable basis for 

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

9 an employee of a State or local government under this sub10 section shall be consistent with subchapter VI of chapter 

11 33 of title 5, United States Code. 

12 (d) DUAL COMPENSATION WAIVER.— 

13 (1) ANNUITANTS UNDER CIVIL SERVICE RE14 TIREMENT SYSTEM OR FEDERAL EMPLOYEES RE15 TIREMENT SYSTEM.—Notwithstanding sections 

16 8344(i) and 8468(f) of title 5, United States Code, 

17 the Secretary or the head of another executive agen18 cy, as authorized by the Secretary, may waive the 

19 application of subsections (a) through (h) of such 

20 section 8344 and subsections (a) through (e) of such 

21 section 8468 with respect to annuitants under the 

22 Civil Service Retirement System or the Federal Em23 ployees Retirement System who are assigned, de24 tailed, or deployed to assist in stabilizing and recon25 structing a country or region that is at risk of, in, 


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1 or is in transition from, conflict or civil strife during 

2 the period of their reemployment. 

3 (2) ANNUITANTS UNDER FOREIGN SERVICE RE4 TIREMENT AND DISABILITY SYSTEM OR FOREIGN

5 SERVICE PENSION SYSTEM.—The Secretary may 

6 waive the application of subsections (a) through (d) 

7 of section 824 of the Foreign Service Act (22 U.S.C. 

8 4064) for annuitants under the Foreign Service Re9 tirement and Disability System or the Foreign Serv10 ice Pension System who are reemployed on a tem11 porary basis in order to be assigned, detailed, or de12 ployed to assist in stabilization and reconstruction 

13 activities under this Act. 

14 (e) INCREASE IN PREMIUM PAY CAP.—The Sec15 retary, or the head of another executive agency as author16 ized by the Secretary, may compensate an employee de17 tailed, assigned, or deployed to assist in stabilizing and 

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

19 or is in transition from, conflict or civil strife, without re20 gard to the limitations on premium pay set forth in section 

21 5547 of title 5, United States Code, to the extent that 

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

23 employee for a year does not exceed the annual rate pay24 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 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S613.IS S613

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•S 613 IS

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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•S 613 IS

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 for each fiscal 

12 year, $80,000,000 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 (other 

15 than the amendment made by section 5). 

Æ 


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