II 

Calendar No. 460

108TH CONGRESS 

2D SESSION S. 2127

[Report No. 108–247] 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2004

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

MARCH 18, 2004

Reported, under authority of the order of the Senate of March 12, 2004, by 

Mr. LUGAR, without amendment 

A BILL

To build operational readiness in civilian agencies, and for 

other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stabilization and Re5 construction Civilian Management Act of 2004’’. 
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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 development, as a core mission of the Department 

11 of State and the United States Agency for International 

12 Development, of an effective expert civilian response capa13 bility to carry out stabilization and reconstruction activi14 ties in a country or region that is in, or is in transition 

15 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. 
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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.—Except as otherwise specifi8 cally provided in this Act, the term ‘‘Secretary’’ 

9 means the Secretary of State. 

10 SEC. 4. SENSE OF CONGRESS. 

11 It is the sense of Congress that— 

12 (1) the civilian element of United States joint 

13 civilian-military operations should be strengthened in 

14 order to enhance the execution of current and future 

15 stabilization and reconstruction activities in foreign 

16 countries or regions that are in, or are in transition 

17 from, conflict or civil strife; 

18 (2) the capability of civilian agencies of the 

19 United States Government to carry out stabilization 

20 and reconstruction activities in such countries or re21 gions should also be enhanced through a new rapid 

22 response corps of civilian experts supported by the 

23 establishment of a new system of planning, organiza24 tion, personnel policies, and education and training, 

25 and the provision of adequate resources; 
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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 stabilization and reconstruction activities in such 

6 countries or regions; 

7 (4) the President should establish a new direc8 torate of stabilization and reconstruction activities 

9 within the National Security Council to oversee the 

10 development of interagency contingency plans and 

11 procedures, including plans and procedures for joint 

12 civilian-military operations, to address stabilization 

13 and reconstruction requirements in such countries or 

14 regions; 

15 (5) the President should establish a standing 

16 committee to exercise responsibility for overseeing 

17 the formulation and execution of stabilization and 

18 reconstruction policy in order to ensure appropriate 

19 interagency coordination in the planning and execu20 tion of stabilization and reconstruction activities, in21 cluding joint civilian-military operations, of the 

22 United States Government, and should provide for 

23 the committee—

24 (A) to be chaired by the Assistant to the 

25 President for National Security Affairs; and 
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1 (B) to include the heads of—

2 (i) the Department; 

3 (ii) the United States Agency for 

4 International Development; 

5 (iii) the Department of Labor; 

6 (iv) the Department of Commerce; 

7 (v) the Department of Justice; 

8 (vi) the Department of the Treasury; 

9 (vii) the Department of Agriculture; 

10 (viii) the Department of Defense; and 

11 (ix) other Executive agencies as ap12 propriate; 

13 (6) the Secretary and the Administrator should 

14 work with the Secretary of Defense to establish a 

15 personnel exchange program among the Department, 

16 the United States Agency for International Develop17 ment, and the Department of Defense, including the 

18 regional commands and the Joint Staff, to enhance 

19 the stabilization and reconstruction skills of military 

20 and civilian personnel and their ability to undertake 

21 joint operations; and 

22 (7) the heads of other Executive agencies 

23 should establish personnel exchange programs that 

24 are designed to enhance the stabilization and recon25 struction skills of military and civilian personnel. 
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1 SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE FOR STA2 BILIZATION AND RECONSTRUCTION CRISES. 

3 Chapter 1 of part III of the Foreign Assistance Act 

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

5 after section 617 the following new section:

6 ‘‘SEC. 618. ASSISTANCE FOR A STABILIZATION AND RECON7 STRUCTION CRISIS. 

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

9 it is important to the national interests of the United 

10 States for United States civilian agencies or non-Federal 

11 employees to assist in stabilizing and reconstructing a 

12 country or region that is in, or is in transition from, con13 flict or civil strife, the President may, in accordance with 

14 the provisions set forth in section 614(a)(3), notwith15 standing any other provision of law, and on such terms 

16 and conditions as the President may determine, furnish 

17 assistance to respond to the crisis and authorize the export 

18 of goods and services needed to respond to the crisis. 

19 ‘‘(b) SPECIAL AUTHORITIES.—To provide assistance 

20 authorized in subsection (a), the President may exercise 

21 the authorities contained in sections 552(c)(2), 610, and 

22 614 of this Act without regard to the percentage and ag23 gregate dollar limitations contained in such sections. 

24 ‘‘(c) AUTHORIZATION OF FUNDING.— 

25 ‘‘(1) INITIAL AUTHORIZATION.—There is au26 thorized to be appropriated, without fiscal year limi-
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1 tation, $100,000,000 in funds that may be used to 

2 provide assistance authorized in subsection (a). 

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

4 be appropriated each fiscal year such sums as may 

5 be necessary to replenish funds expended as pro6 vided under paragraph (1). Funds authorized to be 

7 appropriated under this paragraph shall be available 

8 without fiscal year limitation for the same purpose 

9 and under the same conditions as are provided 

10 under paragraph (1).’’. 

11 SEC. 6. OFFICE OF INTERNATIONAL STABILIZATION AND 

12 RECONSTRUCTION. 

13 Title I of the State Department Basic Authorities Act 

14 of 1956 is amended by adding after section 58 (22 U.S.C. 

15 2730) the following new section: 

16 ‘‘SEC. 59. INTERNATIONAL STABILIZATION AND RECON17 STRUCTION. 

18 ‘‘(a) OFFICE OF INTERNATIONAL STABILIZATION

19 AND RECONSTRUCTION.— 

20 ‘‘(1) ESTABLISHMENT.—The Secretary shall es21 tablish within the Department of State an Office of 

22 International Stabilization and Reconstruction. 

23 ‘‘(2) COORDINATOR FOR INTERNATIONAL STA24 BILIZATION AND RECONSTRUCTION.—The head of 

25 the Office shall be the Coordinator for International 
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1 Stabilization and Reconstruction, who shall be ap2 pointed by the President, by and with the advice and 

3 consent of the Senate. The Coordinator shall report 

4 directly to the Secretary and shall have the rank and 

5 status of Ambassador-at-Large. 

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

7 of International Stabilization and Reconstruction in8 clude the following: 

9 ‘‘(A) Monitoring, in coordination with rel10 evant bureaus within the Department of State, 

11 political and economic instability worldwide to 

12 anticipate the need for mobilizing United States 

13 and international assistance for the stabilization 

14 and reconstruction of countries or regions that 

15 are in, or are in transition from, conflict or civil 

16 strife. 

17 ‘‘(B) Assessing the various types of sta18 bilization and reconstruction crises that could 

19 occur and cataloging and monitoring the non20 military resources and capabilities of Executive 

21 agencies that are available to address such cri22 ses. 

23 ‘‘(C) Planning to address requirements, 

24 such as demobilization, policing, human rights 

25 monitoring, and public information, that com-
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1 monly arise in stabilization and reconstruction 

2 crises. 

3 ‘‘(D) Coordinating with relevant Executive 

4 agencies (as that term is defined in section 105 

5 of title 5, United States Code) to develop inter6 agency contingency plans to mobilize and deploy 

7 civilian personnel to address the various types 

8 of such crises. 

9 ‘‘(E) Entering into appropriate arrange10 ments with other Executive agencies to carry 

11 out activities under this section and the Sta12 bilization and Reconstruction Civilian Manage13 ment Act of 2004. 

14 ‘‘(F) Identifying personnel in State and 

15 local governments and in the private sector who 

16 are available to participate in the Response 

17 Readiness Corps or the Response Readiness Re18 serve established under subsection (b) or to oth19 erwise participate in or contribute to stabiliza20 tion and reconstruction activities. 

21 ‘‘(G) Ensuring that training of civilian per22 sonnel to perform such stabilization and recon23 struction activities is adequate and, as appro24 priate, includes security training that involves 
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1 exercises and simulations with the Armed 

2 Forces, including the regional commands. 

3 ‘‘(H) Sharing information and coordi4 nating plans for stabilization and reconstruction 

5 activities with rapid response elements of the 

6 United Nations and its specialized agencies, 

7 nongovernmental organizations, and other for8 eign national and international organizations. 

9 ‘‘(I) Coordinating plans and procedures for 

10 joint civilian-military operations with respect to 

11 stabilization and reconstruction activities. 

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

13 short notice an evaluation team to undertake 

14 on-site needs assessment. 

15 ‘‘(b) RESPONSE TO STABILIZATION AND RECON16 STRUCTION CRISIS.—If the President makes a determina17 tion regarding a stabilization and reconstruction crisis 

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

19 the President may designate the Coordinator, or such 

20 other individual as the President may determine appro21 priate, as the coordinator of the United States response. 

22 The individual so designated, or, in the event the Presi23 dent does not make such a designation, the Coordinator 

24 for International Stabilization and Reconstruction, shall— 
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1 ‘‘(1) assess the immediate and long-term need 

2 for resources and civilian personnel; 

3 ‘‘(2) identify and mobilize non-military re4 sources to respond to the crisis; and 

5 ‘‘(3) coordinate the activities of the other indi6 viduals or management team, if any, designated by

7 the President to manage the United States re8 sponse.’’. 

9 SEC. 7. RESPONSE READINESS CORPS. 

10 (a) IN GENERAL.—Section 59 of the State Depart11 ment Basic Authorities Act of 1956 (as added by section 

12 6) is amended by adding at the end the following new sub13 section: 

14 ‘‘(c) RESPONSE READINESS FORCE.—

15 ‘‘(1) RESPONSE READINESS CORPS.—

16 ‘‘(A) ESTABLISHMENT AND PURPOSE.—

17 The Secretary, in consultation with the Admin18 istrator of the United States Agency for Inter19 national Development, is authorized to establish 

20 a Response Readiness Corps (hereafter referred 

21 to in this section as the ‘Corps’) to provide as22 sistance in support of stabilization and recon23 struction activities in foreign countries or re24 gions that are in, or are in transition from, con25 flict or civil strife. 
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1 ‘‘(B) COMPOSITION.—The Secretary and 

2 Administrator of the United States Agency for 

3 International Development should coordinate in 

4 the recruitment, hiring, and training of—

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

6 the Corps; and 

7 ‘‘(ii) such other personnel as the Sec8 retary, in consultation with the Adminis9 trator, may designate as members of the 

10 Corps from among employees of the De11 partment of State and the United States 

12 Agency for International Development. 

13 ‘‘(C) TRAINING.—The Secretary shall train 

14 the members of the Corps to perform services 

15 necessary to carry out the purpose of the Corps 

16 under subparagraph (A). 

17 ‘‘(D) COMPENSATION.—Members of the 

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

19 compensated in accordance with the appropriate 

20 salary class for the Foreign Service, as set forth 

21 in sections 402 and 403 of the Foreign Service 

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

23 3963), or in accordance with the relevant au24 thority under sections 3101 and 3392 of title 5, 

25 United States Code. 
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1 ‘‘(2) RESPONSE READINESS RESERVE.—

2 ‘‘(A) ESTABLISHMENT AND PURPOSE.—

3 The Secretary, in consultation with the heads of 

4 other relevant Executive agencies, is authorized 

5 to establish and maintain a roster of personnel 

6 who are trained and available as needed to per7 form services necessary to carry out the pur8 pose of the Corps under paragraph (1)(A). The 

9 personnel listed on the roster shall constitute a 

10 Response Readiness Reserve to augment the 

11 Corps. 

12 ‘‘(B) FEDERAL EMPLOYEES.—The Re13 sponse Readiness Reserve may include employ14 ees of the Department of State, including For15 eign Service Nationals, employees of the United 

16 States Agency for International Development, 

17 employees of any other Executive agency (as 

18 that term is defined in section 105 of title 5, 

19 United States Code), and employees from the 

20 legislative and judicial branches who—

21 ‘‘(i) have the training and skills nec22 essary to enable them to contribute to sta23 bilization and reconstruction activities; and 
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1 ‘‘(ii) have volunteered for deployment 

2 to carry out stabilization and reconstruc3 tion activities. 

4 ‘‘(C) NON-FEDERAL PERSONNEL.—The 

5 Response Readiness Reserve should also include 

6 at least 500 personnel, which may include re7 tired employees of the Federal Government, 

8 contractor personnel, nongovernmental organi9 zation personnel, and State and local govern10 ment employees, who—

11 ‘‘(i) have the training and skills nec12 essary to enable them to contribute to sta13 bilization and reconstruction activities; and 

14 ‘‘(ii) have volunteered to carry out 

15 stabilization and reconstruction activities. 

16 ‘‘(3) USE OF CORPS AND RESERVE.—

17 ‘‘(A) RESPONSE READINESS CORPS.—The 

18 members of the Corps shall be available—

19 ‘‘(i) if responding in support of sta20 bilization and reconstruction activities pur21 suant to a determination by the President 

22 regarding a stabilization and reconstruc23 tion crisis under section 618 of the For24 eign Assistance Act of 1961, for deploy25 ment in support of such activities; and 
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1 ‘‘(ii) if not responding as described in 

2 clause (i), for assignment in the United 

3 States, United States diplomatic missions, 

4 and United States Agency for Inter5 national Development missions. 

6 ‘‘(B) RESPONSE READINESS RESERVE.—

7 The Secretary may deploy members of the re8 serve under paragraph (2) in support of sta9 bilization and reconstruction activities in a for10 eign country or region if the President makes 

11 a determination regarding a stabilization and 

12 reconstruction crisis under section 618 of the 

13 Foreign Assistance Act of 1961.’’. 

14 (b) EMPLOYMENT AUTHORITY.—The full-time per15 sonnel authorized to be employed in the Response Readi16 ness Corps under section 59(b)(1)(B)(i) of the State De17 partment Basic Authorities Act of 1956 (as added by sub18 section (a)) are in addition to any other full-time per19 sonnel of the Department or the United States Agency for 

20 International Development authorized to be employed 

21 under any other provision of law. 

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

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

24 to the appropriate congressional committees a report on 

25 the status of efforts to establish the Response Readiness 
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1 Corps and the Response Readiness Reserve under this sec2 tion. The report shall include recommendations—

3 (1) for any legislation necessary to implement 

4 subsection (a); and 

5 (2) related to the regulation and structure of 

6 the Response Readiness Corps and the Response 

7 Readiness Reserve, including with respect to pay and

8 employment security for, and benefit and retirement 

9 matters related to, such individuals. 

10 SEC. 8. STABILIZATION AND RECONSTRUCTION TRAINING 

11 AND EDUCATION. 

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

13 U.S.C. 4021) is amended—

14 (1) by redesignating subsection (g) as sub15 section (h); and 

16 (2) by inserting after subsection (f) the fol17 lowing new subsection: 

18 ‘‘(g) STABILIZATION AND RECONSTRUCTION CUR19 RICULUM.— 

20 ‘‘(1) ESTABLISHMENT AND MISSION.—The Sec21 retary, in cooperation with the Secretary of Defense 

22 and the Secretary of the Army, is authorized to es23 tablish a stabilization and reconstruction curriculum 

24 for use in programs of the Foreign Service Institute, 
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1 the National Defense University, and the United 

2 States Army War College. 

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

4 shall include the following: 

5 ‘‘(A) An overview of the global security en6 vironment, including an assessment of 

7 transnational threats and an analysis of United 

8 States policy options to address such threats. 

9 ‘‘(B) A review of lessons learned from pre10 vious United States and international experi11 ences in stabilization and reconstruction activi12 ties. 

13 ‘‘(C) An overview of the relevant respon14 sibilities, capabilities, and limitations of various 

15 Executive agencies (as that term is defined in 

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

17 the interactions among them. 

18 ‘‘(D) A discussion of the international re19 sources available to address stabilization and 

20 reconstruction requirements, including re21 sources of the United Nations and its special22 ized agencies, nongovernmental organizations, 

23 private and voluntary organizations, and foreign 

24 governments, together with an examination of 
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1 the successes and failures experienced by the 

2 United States in working with such entities. 

3 ‘‘(E) A study of the United States inter4 agency system. 

5 ‘‘(F) Foreign language training. 

6 ‘‘(G) Training and simulation exercises for 

7 joint civilian-military emergency response oper8 ations.’’. 

9 SEC. 9. SERVICE RELATED TO STABILIZATION AND RECON10 STRUCTION. 

11 (a) PROMOTION PURPOSES.—Service in stabilization 

12 and reconstruction operations overseas, membership in the 

13 Response Readiness Corps under section 59(b) of the 

14 State Department Basic Authorities Act of 1956 (as 

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

16 stabilization and reconstruction curriculum established 

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

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

19 favorable factors for the promotion of employees of Execu20 tive agencies. 

21 (b) PERSONNEL TRAINING AND PROMOTION.—The 

22 Secretary and the Administrator should take steps to en23 sure that, not later than 3 years after the date of the en24 actment of this Act, at least 10 percent of the employees 

25 of the Department and the United States Agency for 
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1 International Development in the United States are mem2 bers of the Response Readiness Corps or are trained in 

3 the activities of, or identified for potential deployment in 

4 support of, the Response Readiness Corps. The Secretary 

5 should provide such training to Ambassadors and Deputy 

6 Chiefs of Mission. 

7 (c) OTHER INCENTIVES AND BENEFITS.—The Sec8 retary and the Administrator may establish and admin9 ister a system of awards and other incentives and benefits 

10 to confer appropriate recognition on and reward any indi11 vidual who is assigned, detailed, or deployed to carry out 

12 stabilization or reconstruction activities in accordance with 

13 this Act. 

14 SEC. 10. AUTHORITIES RELATED TO PERSONNEL. 

15 (a) CONTRACTING AUTHORITY.—The Secretary, or 

16 the head of another Executive agency authorized by the 

17 Secretary, may, upon a determination by the President re18 garding a stabilization and reconstruction crisis under sec19 tion 618 of the Foreign Assistance Act of 1961, procure 

20 the services of individuals or organizations by contract to 

21 carry out the purposes of this Act. Individuals so per22 forming such services shall not by virtue of performing 

23 such services be considered to be employees of the United 

24 States Government for purposes of any law administered 

25 by the Office of Personnel Management (except that the 
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1 Secretary or other authorized Executive agency head may 

2 determine the applicability to such individuals of any law 

3 administered by the Secretary or other authorized Execu4 tive agency head concerning the performance of such serv5 ices by such individuals). 

6 (b) EXPERTS AND CONSULTANTS.—Upon a deter7 mination by the President regarding a stabilization and 

8 reconstruction crisis under section 618 of the Foreign As9 sistance Act of 1961, the Secretary and Administrator 

10 may, to the extent necessary to obtain services without 

11 delay, employ experts and consultants under section 3109 

12 of title 5, United States Code, without requiring compli13 ance with any otherwise applicable requirements for that 

14 employment as the Secretary or Administrator may deter15 mine, except that such employment shall be terminated 

16 after 60 days if by that time the applicable requirements 

17 are not complied with. 

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

19 The Secretary and the Administrator are authorized to ac20 cept details or assignments of employees of Executive 

21 agencies, members of the uniformed services, and employ22 ees of State or local governments on a reimbursable or 

23 nonreimbursable basis in order to meet the purposes of 

24 this Act. The assignment of an employee of a State or 

25 local government under this subsection shall be consistent 
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1 with subchapter VI of chapter 33 of title 5, United States 

2 Code. 

3 (d) DUAL COMPENSATION WAIVER.— 

4 (1) ANNUITANTS UNDER CIVIL SERVICE RE5 TIREMENT SYSTEM AND FEDERAL EMPLOYEES RE6 TIREMENT SYSTEM.—Notwithstanding sections 

7 8344(i) and 8468(f) of title 5, United States Code, 

8 the Secretary and the Administrator may waive the 

9 application of the provisions of sections 8344 (a)

10 through (h) and 8468 (a) through (e) of title 5, 

11 United States Code, with respect to annuitants 

12 under the Civil Service Retirement System or the 

13 Federal Employees Retirement System who are as14 signed, detailed, or deployed to carry out stabiliza15 tion and reconstruction activities in accordance with 

16 this Act during the period of their reemployment. 

17 (2) ANNUITANTS UNDER FOREIGN SERVICE RE18 TIREMENT AND DISABILITY SYSTEM AND FOREIGN

19 SERVICE PENSION SYSTEM.—The Secretary may 

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

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

22 4064), for annuitants under the Foreign Service Re23 tirement and Disability System or the Foreign Serv24 ice Pension System who are reemployed on a tem25 porary basis in order to be assigned, detailed, or de-
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1 ployed to carry out stabilization and reconstruction 

2 activities in accordance with this Act. 

3 (e) EXTENSION OF CERTAIN FOREIGN SERVICE

4 BENEFITS.—The Secretary may extend to any individuals 

5 assigned, detailed, or deployed to carry out stabilization 

6 and reconstruction activities in accordance with this Act 

7 the benefits or privileges set forth in sections 412, 413, 

8 704, and 901 of the Foreign Service Act of 1980 (22 

9 U.S.C. 972, 22 U.S.C. 3973, 22 U.S.C. 4024, and 22 

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

11 benefits and privileges are extended to members of the 

12 Foreign Service. 

13 (f) COMPENSATORY TIME.—Notwithstanding any 

14 other provision of law, the Secretary and the Adminis15 trator may, subject to the consent of an individual who 

16 is assigned, detailed, or deployed to carry out stabilization 

17 and reconstruction activities in accordance with this Act, 

18 grant such individual compensatory time off for an equal 

19 amount of time spent in regularly or irregularly scheduled 

20 overtime work. Credit for compensatory time off earned 

21 shall not form the basis for any additional compensation. 

22 Any such compensatory time not used within 26 pay peri23 ods shall be forfeited. 

24 (g) INCREASE IN PREMIUM PAY CAP.—The Sec25 retary is authorized to compensate an employee detailed, 
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1 assigned, or deployed to carry out stabilization and recon2 struction activities in accordance with this Act 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 (h) ACCEPTANCE OF VOLUNTEER SERVICES.— 

9 (1) IN GENERAL.—The Secretary, or the head 

10 of an Executive agency authorized by the Secretary, 

11 may, upon a determination by the President regard12 ing a stabilization and reconstruction crisis under 

13 section 618 of the Foreign Assistance Act of 1961, 

14 accept volunteer services to carry out stabilization 

15 and reconstruction activities under this Act and sec16 tion 59 of the State Department Basic Authorities 

17 Act of 1956 without regard to section 1342 of title 

18 31, United States Code. 

19 (2) TYPES OF VOLUNTEERS.—Donors of vol20 untary services accepted for purposes of this section 

21 may include— 

22 (A) advisors; 

23 (B) experts; 

24 (C) consultants; and 
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1 (D) persons performing services in any 

2 other capacity determined appropriate by the 

3 Secretary. 

4 (3) SUPERVISION.—The Secretary, or the head 

5 of an Executive agency authorized by the Secretary, 

6 shall— 

7 (A) ensure that each person performing 

8 voluntary services accepted under this section is 

9 notified of the scope of the voluntary services 

10 accepted; 

11 (B) supervise the volunteer to the same ex12 tent as employees receiving compensation for 

13 similar services; and 

14 (C) ensure that the volunteer has appro15 priate credentials or is otherwise qualified to 

16 perform in each capacity for which the volun17 teer’s services are accepted. 

18 (4) APPLICABILITY OF PROVISIONS RELATING

19 TO FEDERAL GOVERNMENT EMPLOYEES.—A person 

20 providing volunteer services accepted under this sec21 tion shall not be considered an employee of the Fed22 eral Government in the performance of those serv23 ices, except for the purposes of the following provi24 sions of law: 
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1 (A) Chapter 81 of title 5, United States 

2 Code, relating to compensation for work-related 

3 injuries. 

4 (B) Chapter 171 of title 28, United States 

5 Code, relating to tort claims. 

6 (C) Chapter 11 of title 18, United States 

7 Code, relating to conflicts of interest. 

8 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated $80,000,000 for personnel, education and train11 ing, equipment, and travel costs for purposes of carrying 

12 out this Act and the amendments made by this Act. 

13 (b) OFFICE OF INTERNATIONAL STABILIZATION AND

14 RECONSTRUCTION.—Of the amounts authorized to be ap15 propriated in subsection (a), $8,000,000 is authorized to 

16 be made available to pay the salaries, overhead, travel, per 

17 diem, and related costs associated with establishing and 

18 operating the Office of International Stabilization de19 scribed in section 59 of the State Department Basic Au20 thorities Act of 1956 (as added by sections 6 and 7). 
Calendar No. 460

108TH CONGRESS 

2D SESSION S. 2127

[Report No. 108–247] 

A BILL

To build operational readiness in civilian agencies, 

and for other purposes. 

MARCH 18, 2004

Reported, under authority of the order of the Senate of 

March 12, 2004, without amendment