II 

Calendar No. 112 

110TH CONGRESS 

1ST SESSION S. 613 

[Report No. 110–50] 

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, Mr. BIDEN, Mr. WARNER, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

APRIL 10, 2007 

Reported by Mr. BIDEN, without amendment 

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’’. 


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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— 

24 (A) the Committee on Foreign Relations of 

25 the Senate; and 


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1 (B) the Committee on Foreign Affairs of 

2 the House of Representatives. 

3 (3) DEPARTMENT.—Except as otherwise pro4 vided in this Act, the term ‘‘Department’’ means the 

5 Department of State. 

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

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

8 105 of title 5, United States Code. 

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

10 the Secretary of State. 

11 SEC. 4. SENSE OF CONGRESS. 

12 It is the sense of Congress that— 

13 (1) the civilian element of United States joint 

14 civilian-military operations should be strengthened in 

15 order to enhance the execution of current and future 

16 reconstruction and stabilization activities in foreign 

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

18 in transition from, conflict or civil strife; 

19 (2) the capability of civilian agencies of the 

20 United States Government to carry out reconstruc21 tion and stabilization activities in such countries or 

22 regions should also be enhanced through a new rapid 

23 response corps of civilian experts supported by the 

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1 tion, personnel policies, and education and training, 

2 and the provision of adequate resources; 

3 (3) the international community, including non4 governmental organizations, and the United Nations 

5 and its specialized agencies, should be further en6 couraged to participate in planning and organizing 

7 reconstruction and stabilization activities in such 

8 countries or regions; 

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

10 steps to strengthen civilian capability, including the 

11 establishment of an office headed by a Coordinator 

12 for Reconstruction and Stabilization in the Depart13 ment, the Presidential designation of the Secretary 

14 as the interagency coordinator and leader of recon15 struction and stabilization efforts, and Department 

16 of Defense directives to the military to support the 

17 Office of Reconstruction and Stabilization and to 

18 work closely with counterparts in the Department of 

19 State and other civilian agencies to develop and en20 hance personnel, training, planning, and analysis; 

21 (5) the Secretary and the Administrator should 

22 work with the Secretary of Defense to augment ex23 isting personnel exchange programs among the De24 partment, the United States Agency for Inter25 national Development, and the Department of DeVerDate Aug 31 2005 02:23 Apr 11, 2007 Jkt 059196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S613.RS S613

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1 fense, including the regional commands and the 

2 Joint Staff, to enhance the stabilization and recon3 struction skills of military and civilian personnel and 

4 their ability to undertake joint operations; and 

5 (6) the heads of other executive agencies should 

6 establish personnel exchange programs that are de7 signed to enhance the stabilization and reconstruc8 tion skills of military and civilian personnel. 

9 SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE FOR RECON10 STRUCTION AND STABILIZATION CRISES. 

11 Chapter 1 of part III of the Foreign Assistance Act 

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

13 after section 617 the following new section: 

14 ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STA15 BILIZATION CRISIS. 

16 ‘‘(a) ASSISTANCE.— 

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

18 that it is important to the national interests of the 

19 United States for United States civilian agencies or 

20 non-Federal employees to assist in stabilizing and 

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

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

23 President may, in accordance with the provisions set 

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

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1 tions as the President may determine, furnish assist2 ance to respond to the crisis using funds referred to 

3 in paragraph (2). 

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

5 paragraph are funds as follows: 

6 ‘‘(A) Funds made available under this sec7 tion, including funds authorized to be appro8 priated by subsection (d). 

9 ‘‘(B) Funds made available under other 

10 provisions of this Act and transferred or repro11 grammed for purposes of this section. 

12 ‘‘(b) SPECIAL AUTHORITIES.—In furtherance of a de13 termination made under subsection (a), the President may 

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

15 and 610 without regard to the percentage and aggregate 

16 dollar limitations contained in such sections. 

17 ‘‘(c) AVAILABILITY OF FUNDS FOR RESPONSE READ18 INESS CORPS.—Of the funds made available for this sec19 tion in any fiscal year, including funds authorized to be 

20 appropriated by subsection (d) and funds made available 

21 under other provisions of this Act and transferred or re22 programmed for purposes of this section, $25,000,000 

23 may be made available for expenses related to the develop24 ment, training, and operations of the Response Readiness 


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1 Corps established under section 61(c) of the State Depart2 ment Basic Authorities Act of 1956. 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

6 authorized in subsection (a) and, to the extent au7 thorized in subsection (c), for the purpose described 

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

9 amounts otherwise made available for purposes of 

10 this section, including funds made available under 

11 other provisions of this Act and transferred or repro12 grammed for purposes of this section. 

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

14 be appropriated each fiscal year such sums as may 

15 be necessary to replenish funds expended under this 

16 section. 

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

18 appropriated under this subsection shall be available 

19 without fiscal year limitation.’’. 

20 SEC. 6. OFFICE OF THE COORDINATOR FOR RECONSTRUC21 TION AND STABILIZATION. 

22 Title I of the State Department Basic Authorities Act 

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

24 at the end the following new section: 


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1 ‘‘SEC. 61. RECONSTRUCTION AND STABILIZATION. 

2 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON3 STRUCTION AND STABILIZATION.— 

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

5 within the Department of State the Office of the Co6 ordinator for Reconstruction and Stabilization. 

7 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

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

9 Coordinator for Reconstruction and Stabilization, 

10 who shall be appointed by the President, by and 

11 with the advice and consent of the Senate. The Co12 ordinator shall report directly to the Secretary and 

13 shall have the rank and status of Ambassador at 

14 Large. 

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

16 of the Coordinator for Reconstruction and Stabiliza17 tion include the following: 

18 ‘‘(A) Monitoring, in coordination with rel19 evant bureaus within the Department of State, 

20 political and economic instability worldwide to 

21 anticipate the need for mobilizing United States 

22 and international assistance for the stabilization 

23 and reconstruction of countries or regions that 

24 are at risk of, in, or are in transition from, con25 flict or civil strife. 


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1 ‘‘(B) Assessing the various types of sta2 bilization and reconstruction crises that could 

3 occur and cataloging and monitoring the non4 military resources and capabilities of Executive 

5 agencies that are available to address such cri6 ses. 

7 ‘‘(C) Planning to address requirements, 

8 such as demobilization, policing, human rights 

9 monitoring, and public information, that com10 monly arise in stabilization and reconstruction 

11 crises. 

12 ‘‘(D) Coordinating with relevant Executive 

13 agencies (as that term is defined in section 105 

14 of title 5, United States Code) to develop inter15 agency contingency plans to mobilize and deploy 

16 civilian personnel to address the various types 

17 of such crises. 

18 ‘‘(E) Entering into appropriate arrange19 ments with other Executive agencies to carry 

20 out activities under this section and the Recon21 struction and Stabilization Civilian Manage22 ment Act of 2007. 

23 ‘‘(F) Identifying personnel in State and 

24 local governments and in the private sector who 

25 are available to participate in the Response 


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1 Readiness Corps established under subsection 

2 (c) or to otherwise participate in or contribute 

3 to stabilization and reconstruction activities. 

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

5 of civilian personnel to perform such stabiliza6 tion and reconstruction activities is adequate 

7 and, as appropriate, includes security training 

8 that involves exercises and simulations with the 

9 Armed Forces, including the regional com10 mands. 

11 ‘‘(H) Sharing information and coordi12 nating plans for stabilization and reconstruction 

13 activities, as appropriate, with the United Na14 tions and its specialized agencies, the North At15 lantic Treaty Organization, nongovernmental 

16 organizations, and other foreign national and 

17 international organizations. 

18 ‘‘(I) Coordinating plans and procedures for 

19 joint civilian-military operations with respect to 

20 stabilization and reconstruction activities. 

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

22 short notice an evaluation team to undertake 

23 on-site needs assessment. 

24 ‘‘(b) RESPONSE TO STABILIZATION AND RECON25 STRUCTION CRISIS.—If the President makes a determinaVerDate Aug 31 2005 02:23 Apr 11, 2007 Jkt 059196 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S613.RS S613

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1 tion regarding a stabilization and reconstruction crisis 

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

3 the President may designate the Coordinator, or such 

4 other individual as the President may determine appro5 priate, as the Coordinator of the United States response. 

6 The individual so designated, or, in the event the Presi7 dent does not make such a designation, the Coordinator 

8 for Reconstruction and Stabilization, shall— 

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

10 for resources and civilian personnel; 

11 ‘‘(2) identify and mobilize non-military re12 sources to respond to the crisis; and 

13 ‘‘(3) coordinate the activities of the other indi14 viduals or management team, if any, designated by 

15 the President to manage the United States re16 sponse.’’. 

17 SEC. 7. RESPONSE READINESS CORPS. 

18 (a) IN GENERAL.—Section 61 of the State Depart19 ment Basic Authorities Act of 1956 (as added by section 

20 6) is amended by adding at the end the following new sub21 section: 

22 ‘‘(c) RESPONSE READINESS CORPS.— 

23 ‘‘(1) IN GENERAL.—The Secretary, in consulta24 tion with the Administrator of the United States 

25 Agency for International Development and the heads 


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1 of other appropriate departments and agencies of 

2 the United States Government, is authorized to es3 tablish and maintain a Response Readiness Corps 

4 (hereafter referred to in this subsection as the 

5 ‘Corps’) to provide assistance in support of stabiliza6 tion and reconstruction activities in foreign countries 

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

8 from, conflict or civil strife. 

9 ‘‘(2) FEDERAL COMPONENTS.— 

10 ‘‘(A) ACTIVE AND STANDBY COMPO11 NENTS.—The Corps shall have active and 

12 standby components consisting of United States 

13 Government personnel as follows: 

14 ‘‘(i) An active component, consisting 

15 of not more than 250 personnel who are 

16 recruited, employed, and trained in accord17 ance with this paragraph. 

18 ‘‘(ii) A standby component, consisting 

19 of not more than 2000 personnel who are 

20 recruited and trained in accordance with 

21 this paragraph. 

22 ‘‘(B) AUTHORIZED MEMBERS OF STANDBY

23 COMPONENT.—Personnel in the standby compo24 nent of the Corps may include employees of the 

25 Department of State (including Foreign Service 


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1 Nationals), employees of the United States 

2 Agency for International Development, employ3 ees of any other executive agency (as that term 

4 is defined in section 105 of title 5, United 

5 States Code), and employees of the legislative 

6 branch and judicial branch of Government— 

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

8 component by the Secretary following nom9 ination for such assignment by the head of 

10 the department or agency of the United 

11 States Government concerned or by an ap12 propriate official of the legislative or judi13 cial branch of Government, as applicable; 

14 and 

15 ‘‘(ii) who— 

16 ‘‘(I) have the training and skills 

17 necessary to contribute to stabilization 

18 and reconstruction activities; and 

19 ‘‘(II) have volunteered for deploy20 ment to carry out stabilization and re21 construction activities. 

22 ‘‘(C) RECRUITMENT AND EMPLOYMENT.— 

23 The recruitment and employment of personnel 

24 to the Corps shall be carried out by the Sec25 retary, the Administrator of the United States 


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1 Agency for International Development, and the 

2 heads of the other departments and agencies of 

3 the United States Government participating in 

4 the establishment and maintenance of the 

5 Corps. 

6 ‘‘(D) TRAINING.—The Secretary is author7 ized to train the members of the Corps under 

8 this paragraph to perform services necessary to 

9 carry out the purpose of the Corps under para10 graph (1). 

11 ‘‘(E) COMPENSATION.—Members of the 

12 active component of the Corps under subpara13 graph (A)(i) shall be compensated in accord14 ance with the appropriate salary class for the 

15 Foreign Service, as set forth in sections 402 

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

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

18 relevant authority under sections 3101 and 

19 3392 of title 5, United States Code. 

20 ‘‘(3) CIVILIAN RESERVE.— 

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

22 have a reserve (hereafter referred to in this 

23 subsection as the ‘Civilian Reserve’) of non24 United States Government personnel who are 

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1 ices necessary to carry out the purpose of the 

2 Corps under paragraph (1). The Civilian Re3 serve shall be established by the Secretary, in 

4 consultation with the Administrator of the 

5 Unites States Agency for International Develop6 ment and the heads of other appropriate de7 partments and agencies of the United States 

8 Government. 

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

10 than one year after the date of the enactment 

11 of the Reconstruction and Stabilization Civilian 

12 Management Act of 2007, the Civilian Reserve 

13 shall include at least 500 personnel, who may 

14 include retired employees of the United States 

15 Government, contractor personnel, nongovern16 mental organization personnel, State and local 

17 government employees, and individuals from the 

18 private sector, who— 

19 ‘‘(i) have the training and skills nec20 essary to enable them to contribute to sta21 bilization and reconstruction activities; 

22 ‘‘(ii) have volunteered to carry out 

23 stabilization and reconstruction activities; 

24 and 


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1 ‘‘(iii) are available for training and 

2 deployment to carry out the purpose of the 

3 Corps under paragraph (1). 

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

5 ‘‘(A) FEDERAL ACTIVE COMPONENT.— 

6 Members of the active component of the Corps 

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

8 available— 

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

10 stabilization and reconstruction activities; 

11 and 

12 ‘‘(ii) if not engaged in activities de13 scribed in clause (i), for assignment in the 

14 United States, United States diplomatic 

15 missions, and United States Agency for 

16 International Development missions. 

17 ‘‘(B) FEDERAL STANDBY COMPONENT AND

18 CIVILIAN RESERVE.—The Secretary may deploy 

19 members of the Federal standby component of 

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

21 members of the Civilian Reserve under para22 graph (3), in support of stabilization and recon23 struction activities in a foreign country or re24 gion if the President makes a determination re25 garding a stabilization and reconstruction crisis 


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1 under section 618 of the Foreign Assistance 

2 Act of 1961.’’. 

3 (b) EMPLOYMENT AUTHORITY.—The full-time per4 sonnel in the active component of the Response Readiness 

5 Corps under section 61(c)(2)(A)(i) of the State Depart6 ment Basic Authorities Act of 1956 (as added by sub7 section (a)) are in addition to any other full-time per8 sonnel of the Department or the United States Agency for 

9 International Development authorized to be employed 

10 under any other provision of law. 

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

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

13 to the appropriate congressional committees a report on 

14 the status of efforts to establish the Response Readiness 

15 Corps under this section. The report should include rec16 ommendations for any legislation necessary to implement 

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

18 Act of 1956 (as so added). 

19 SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING 

20 AND EDUCATION. 

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

22 U.S.C. 4021) is amended— 

23 (1) by redesignating subsection (g) as sub24 section (h); and 


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1 (2) by inserting after subsection (f) the fol2 lowing new subsection: 

3 ‘‘(g) STABILIZATION AND RECONSTRUCTION CUR4 RICULUM.— 

5 ‘‘(1) ESTABLISHMENT AND MISSION.—The Sec6 retary, in cooperation with the Secretary of Defense 

7 and the Secretary of the Army, is authorized to es8 tablish a stabilization and reconstruction curriculum 

9 for use in programs of the Foreign Service Institute, 

10 the National Defense University, and the United 

11 States Army War College. 

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

13 should include the following: 

14 ‘‘(A) An overview of the global security en15 vironment, including an assessment of 

16 transnational threats and an analysis of United 

17 States policy options to address such threats. 

18 ‘‘(B) A review of lessons learned from pre19 vious United States and international experi20 ences in stabilization and reconstruction activi21 ties. 

22 ‘‘(C) An overview of the relevant respon23 sibilities, capabilities, and limitations of various 

24 Executive agencies (as that term is defined in 


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

2 the interactions among them. 

3 ‘‘(D) A discussion of the international re4 sources available to address stabilization and 

5 reconstruction requirements, including re6 sources of the United Nations and its special7 ized agencies, nongovernmental organizations, 

8 private and voluntary organizations, and foreign 

9 governments, together with an examination of 

10 the successes and failures experienced by the 

11 United States in working with such entities. 

12 ‘‘(E) A study of the United States inter13 agency system. 

14 ‘‘(F) Foreign language training. 

15 ‘‘(G) Training and simulation exercises for 

16 joint civilian-military emergency response oper17 ations.’’. 

18 SEC. 9. SERVICE RELATED TO STABILIZATION AND RECON19 STRUCTION. 

20 (a) PROMOTION PURPOSES.—Service in stabilization 

21 and reconstruction operations overseas, membership in the 

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

23 State Department Basic Authorities Act of 1956 (as 

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

25 stabilization and reconstruction curriculum established 


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

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

3 favorable factors for the promotion of employees of Execu4 tive agencies. 

5 (b) PERSONNEL TRAINING AND PROMOTION.—The 

6 Secretary and the Administrator should take steps to en7 sure that, not later than 3 years after the date of the en8 actment of this Act, at least 10 percent of the employees 

9 of the Department and the United States Agency for 

10 International Development in the United States are mem11 bers of the Response Readiness Corps or are trained in 

12 the activities of, or identified for potential deployment in 

13 support of, the Response Readiness Corps. The Secretary 

14 should provide such training as needed to Ambassadors 

15 and Deputy Chiefs of Mission. 

16 (c) OTHER INCENTIVES AND BENEFITS.—The Sec17 retary and the Administrator may establish and admin18 ister a system of awards and other incentives and benefits 

19 to confer appropriate recognition on and reward any indi20 vidual who is assigned, detailed, or deployed to carry out 

21 stabilization or reconstruction activities in accordance with 

22 this Act. 

23 SEC. 10. AUTHORITIES RELATED TO PERSONNEL. 

24 (a) CONTRACTING AUTHORITY.— 


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1 (1) IN GENERAL.—The Secretary, or the Ad2 ministrator with the concurrence of the Secretary, 

3 may enter into contracts to procure the services of 

4 nationals of the United States (as defined in section 

5 101(a)(22) of the Immigration and Nationality Act 

6 (8 U.S.C. 1101(a)(22)) or aliens authorized to be 

7 employed in the United States as personal services 

8 contractors for the purpose of carrying out this Act, 

9 without regard to Civil Service or classification laws, 

10 for service in the Office of the Coordinator for Re11 construction and Stabilization or for service in for12 eign countries to assist in stabilizing and recon13 structing a country or region that is at risk of, in, 

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

15 (2) NOT EMPLOYEES.—Individuals performing 

16 services under contracts described in paragraph (1) 

17 shall not by virtue of performing such services be 

18 considered to be employees of the United States 

19 Government for purposes of any law administered by 

20 the Office of Personnel Management (except that 

21 the Secretary or Administrator may determine the 

22 applicability to such individuals of any law adminis23 tered by the Secretary or Administrator concerning 

24 the performance of such services by such individ25 uals). 


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1 (b) EXPERTS AND CONSULTANTS.—The Secretary 

2 and the Administrator may, to the extent necessary to ob3 tain services without delay, employ experts and consult4 ants under section 3109 of title 5, United States Code, 

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

6 compliance with any otherwise applicable requirements for 

7 that employment as the Secretary or Administrator may 

8 determine, except that such employment shall be termi9 nated after 60 days if by that time the applicable require10 ments are not complied with. 

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

12 The Secretary is authorized to accept details or assign13 ments of employees of Executive agencies, members of the 

14 uniformed services, and employees of State or local gov15 ernments on a reimbursable or nonreimbursable basis for 

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

17 an employee of a State or local government under this sub18 section shall be consistent with subchapter VI of chapter 

19 33 of title 5, United States Code. 

20 (d) DUAL COMPENSATION WAIVER.— 

21 (1) ANNUITANTS UNDER CIVIL SERVICE RE22 TIREMENT SYSTEM OR FEDERAL EMPLOYEES RE23 TIREMENT SYSTEM.—Notwithstanding sections 

24 8344(i) and 8468(f) of title 5, United States Code, 

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1 cy, as authorized by the Secretary, may waive the 

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

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

4 section 8468 with respect to annuitants under the 

5 Civil Service Retirement System or the Federal Em6 ployees Retirement System who are assigned, de7 tailed, or deployed to assist in stabilizing and recon8 structing a country or region that is at risk of, in, 

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

10 the period of their reemployment. 

11 (2) ANNUITANTS UNDER FOREIGN SERVICE RE12 TIREMENT AND DISABILITY SYSTEM OR FOREIGN

13 SERVICE PENSION SYSTEM.—The Secretary may 

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

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

16 4064) for annuitants under the Foreign Service Re17 tirement and Disability System or the Foreign Serv18 ice Pension System who are reemployed on a tem19 porary basis in order to be assigned, detailed, or de20 ployed to assist in stabilization and reconstruction 

21 activities under this Act. 

22 (e) INCREASE IN PREMIUM PAY CAP.—The Sec23 retary, or the head of another executive agency as author24 ized by the Secretary, may compensate an employee de25 tailed, assigned, or deployed to assist in stabilizing and 


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

2 or is in transition from, conflict or civil strife, without re3 gard to the limitations on premium pay set forth in section 

4 5547 of title 5, United States Code, to the extent that 

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

6 employee for a year does not exceed the annual rate pay7 able for level II of the Executive Schedule. 

8 (f) EXTENSION OF CERTAIN FOREIGN SERVICE BEN9 EFITS.—The Secretary, or the head of another executive 

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

11 individuals assigned, detailed, or deployed to carry out sta12 bilization and reconstruction activities in accordance with 

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

14 412, 413, 704, and 901 of the Foreign Service Act of 1980 

15 (22 U.S.C. 972, 22 U.S.C. 3973, 22 U.S.C. 4024, and 

16 22 U.S.C. 4081) to the same extent and manner that such 

17 benefits and privileges are extended to members of the 

18 Foreign Service. 

19 (g) COMPENSATORY TIME.—Notwithstanding any 

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

21 consent of an individual who is assigned, detailed, or de22 ployed to carry out stabilization and reconstruction activi23 ties in accordance with this Act, grant such individual 

24 compensatory time off for an equal amount of time spent 

25 in regularly or irregularly scheduled overtime work. Credit 


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1 for compensatory time off earned shall not form the basis 

2 for any additional compensation. Any such compensatory 

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

4 (h) ACCEPTANCE OF VOLUNTEER SERVICES.— 

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

6 volunteer services for the purpose of carrying out 

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

8 United States Code. 

9 (2) TYPES OF VOLUNTEERS.—Donors of vol10 untary services accepted for purposes of this section 

11 may include— 

12 (A) advisors; 

13 (B) experts; 

14 (C) consultants; and 

15 (D) persons performing services in any 

16 other capacity determined appropriate by the 

17 Secretary. 

18 (3) SUPERVISION.—The Secretary shall— 

19 (A) ensure that each person performing 

20 voluntary services accepted under this section is 

21 notified of the scope of the voluntary services 

22 accepted; 

23 (B) supervise the volunteer to the same ex24 tent as employees receiving compensation for 

25 similar services; and 


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26 

•S 613 RS

1 (C) ensure that the volunteer has appro2 priate credentials or is otherwise qualified to 

3 perform in each capacity for which the volun4 teer’s services are accepted. 

5 (4) APPLICABILITY OF LAW RELATING TO FED6 ERAL GOVERNMENT EMPLOYEES.—A person pro7 viding volunteer services accepted under this section 

8 shall not be considered an employee of the Federal 

9 Government in the performance of those services, ex10 cept for the purposes of the following provisions of 

11 law: 

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

13 Code, relating to compensation for work-related 

14 injuries. 

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

16 Code, relating to conflicts of interest. 

17 (5) APPLICABILITY OF LAW RELATING TO VOL18 UNTEER LIABILITY PROTECTION.— 

19 (A) IN GENERAL.—A person providing vol20 unteer services accepted under this section shall 

21 be deemed to be a volunteer of a nonprofit or22 ganization or governmental entity, with respect 

23 to the accepted services, for purposes of the 

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

25 14501 et seq.). 


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27 

•S 613 RS

1 (B) INAPPLICABILITY OF EXCEPTIONS TO

2 VOLUNTEER LIABILITY PROTECTION.—Section 

3 4(d) of such Act (42 U.S.C. 14503(d)) does not 

4 apply with respect to the liability of a person 

5 with respect to services of such person that are 

6 accepted under this section. 

7 (i) AUTHORITY FOR OUTSIDE ADVISORS.— 

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

9 temporary advisory commissions composed of indi10 viduals with appropriate expertise to facilitate the 

11 carrying out of this Act. 

12 (2) INAPPLICABILITY OF FACA.—The require13 ments of the Federal Advisory Committee Act (5 

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

15 commission established under this subsection. 

16 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated for each fiscal 

18 year, $80,000,000 for personnel, education and training, 

19 equipment, and travel costs for purposes of carrying out 

20 this Act and the amendments made by this Act (other 

21 than the amendment made by section 5). 


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Calendar No. 112 

110TH CONGRESS 

1ST SESSION S. 613 

[Report No. 110

–50] 

A BILL 

To enhance the overseas stabilization and reconernment, and for other purposes. struction capabilities of the United States GovAPRIL 10, 2007 

Reported without amendment 


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