[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4185 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4185

 To improve the coordination of the Federal Government in identifying 
and responding to weak or failing countries that endanger international 
 security or stability, to improve the coordination and conduct of pre-
  conflict stabilization operations and post-conflict reconstruction 
                  operations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2004

  Mr. Dreier introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
 on Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the coordination of the Federal Government in identifying 
and responding to weak or failing countries that endanger international 
 security or stability, to improve the coordination and conduct of pre-
  conflict stabilization operations and post-conflict reconstruction 
                  operations, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Security Enhancement Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                  TITLE I--DEPARTMENT OF STATE REFORM

Sec. 101. Office of Overseas Contingencies and Stabilization and 
                            Undersecretary of State for Overseas 
                            Contingencies and Stabilization.
Sec. 102. Identification of weak or failing countries and 
                            categorization of country according to 
                            level of risk.
Sec. 103. Emergency Stabilization Operations Support Fund.
                 TITLE II--DEPARTMENT OF DEFENSE REFORM

Sec. 201. Regional joint interagency task forces for post-conflict 
                            reconstruction operations.
              TITLE III--NATIONAL SECURITY COUNCIL REFORM

Sec. 301. Joint Task Force for Stabilization, Reconstruction, and 
                            Contingency Operations Coordination.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Rules of construction.
Sec. 402. Sense of Congress.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States is engaged in a Global War on 
        Terrorism, in which threats to the security of the United 
        States often originate in weak or failing countries.
            (2) The National Security Strategy of the United States 
        states that ``the United States and countries cooperating with 
        us must not allow the terrorists to develop new home bases''.
            (3) It is in the interests of the United States to develop 
        a comprehensive framework to monitor weak or failing countries 
        and prepare to deal effectively with these countries before 
        they become imminent threats to the people of the United 
        States.
            (4) The Department of State is uniquely equipped to 
        communicate with other United States agencies and international 
        organizations to plan for pre-conflict stabilization operations 
        and post-conflict reconstruction operations in weak or failing 
        countries, both as an alternative to military intervention and 
        as a successor to military conflict, if such conflict becomes 
        unavoidable.
            (5) Since the end of World War II, the United States has 
        participated in reconstruction and democracy-building efforts 
        in Germany, Japan, Somalia, Haiti, Bosnia and Herzegovina, 
        Kosovo, Afghanistan, and Iraq, and the knowledge and experience 
        of United States agencies, in cooperation with international 
        organizations, was critical to successfully providing security 
        and humanitarian relief and establishing the rule of law in 
        these countries and regions.
            (6) The ability of the Department of Defense, the 
        Department of State, the National Security Council, and various 
        international organizations to coordinate and cooperate 
        effectively to deal with emerging threats is essential for 
        enhancing the ability of the United States and its allies to 
        win the Global War on Terrorism
            (7) A 2003 report from the RAND Corporation states ``post-
        conflict stabilization and reconstruction with the objective of 
        promoting a transition to democracy appear to be the 
        inescapable responsibility of the world's only superpower. 
        Therefore . . . the United States ought to make the smaller 
        long-term investments in its own institutional capacity to 
        conduct such operations''.

                  TITLE I--DEPARTMENT OF STATE REFORM

SEC. 101. OFFICE OF OVERSEAS CONTINGENCIES AND STABILIZATION AND 
              UNDERSECRETARY OF STATE FOR OVERSEAS CONTINGENCIES AND 
              STABILIZATION.

    (a) Establishment.--The State Department Basic Authorities Act of 
1956 is amended by adding after section 58 (22 U.S.C. 2730) the 
following new section:

``SEC. 59. OVERSEAS CONTINGENCIES AND STABILIZATION.

    ``(a) Office of Overseas Contingencies and Stabilization.--
            ``(1) Establishment of office.--The Secretary shall 
        establish within the Department of State an Office of Overseas 
        Contingencies and Stabilization.
            ``(2) Purpose of office.--The Office shall have primary 
        responsibility for planning and administering non-military 
        aspects of overseas contingency operations, including pre-
        conflict stabilization operations and post-conflict 
        reconstruction operations, in countries categorized pursuant to 
        section 60 as countries of impending risk or countries of 
        immediate risk.
            ``(3) Head of office.--The head of the Office shall be the 
        Undersecretary for Overseas Contingencies and Stabilization. 
        The President shall appoint the Undersecretary, by and with the 
        advice and consent of the Senate.
    ``(b) Organization of Office.--
            ``(1) Three bureaus.--The Office shall be organized into 
        three bureaus, as follows:
                    ``(A) The Bureau of Contingency Planning.
                    ``(B) The Bureau of Contingency Training.
                    ``(C) The Bureau of Contingency Coordination.
            ``(2) Head of bureaus.--The head of each bureau shall be an 
        Assistant Secretary. The President shall appoint the Assistant 
        Secretaries, by and with the advice and consent of the Senate.
    ``(c) Bureau of Contingency Planning.--The Bureau of Contingency 
Planning shall be responsible for--
            ``(1) coordinating with the intelligence community, as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4)), in the identification of countries as weak 
        or failing under section 60;
            ``(2) monitoring political and economic developments in 
        such countries;
            ``(3) preparing pre-conflict stabilization operations to 
        address the dangers specified in section 60(a)(1) associated 
        with such countries; and
            ``(4) preparing post-conflict reconstruction operations, 
        including operations relating to civil and political affairs, 
        for countries in which the United States participates or may 
        participate in a pre-conflict stabilization operation or a 
        post-conflict reconstruction operation.
    ``(d) Bureau of Contingency Training.--The Bureau of Contingency 
Training shall be responsible for--
            ``(1) training members of the Federal Government for 
        overseas pre-conflict stabilization operations and post-
        conflict reconstruction operations in weak or failing countries 
        identified under section 60;
            ``(2) administering the International Contingency Training 
        Center established under subsection (f); and
            ``(3) administering the Civilian Overseas Contingency Force 
        established under section (g) and maintaining the International 
        Contingency Personnel Database established under subsection 
        (h).
    ``(e) Bureau of Contingency Coordination.--The Bureau of 
Contingency Coordination shall serve as the permanent liaison between 
the Office and--
            ``(1) the Department of Defense and other relevant 
        departments;
            ``(2) the Central Intelligence Agency and other relevant 
        elements of the intelligence community;
            ``(3) the United Nations and the North Atlantic Treaty 
        Organization and other relevant international governmental 
        organizations; and
            ``(4) relevant non-governmental organizations.
    ``(f) International Contingency Training Center.--
            ``(1) Establishment.--The Undersecretary shall establish 
        within the Bureau of Contingency Training an International 
        Contingency Training Center.
            ``(2) Duties.--The Center shall be responsible for--
                    ``(A) conducting inter-agency training, including 
                training related to inter-agency decision-making, 
                operational planning, and execution simulations, for 
                mid-level Government officials and managers to prepare 
                these officials and managers to address complex 
                overseas contingencies, including pre-conflict 
                stabilization operations and post-conflict 
                reconstruction operations;
                    ``(B) conducting advanced training related to pre-
                conflict stabilization operations and post-conflict 
                reconstruction operations for members of the Civilian 
                Overseas Contingency Force;
                    ``(C) conducting pre-deployment training related to 
                pre-conflict stabilization operations and post-conflict 
                reconstruction operations for civilians and military-
                civil affairs personnel;
                    ``(D) conducting exercises related to pre-conflict 
                stabilization operations and post-conflict 
                reconstruction operations for United States and 
                international experts;
                    ``(E) developing a uniform set of operating 
                procedures for pre-conflict stabilization operations 
                and post-conflict reconstruction operations; and
                    ``(F) conducting on-going evaluations and after-
                action reviews of pre-conflict stabilization operations 
                and post-conflict reconstruction operations.
            ``(3) Location.--
                    ``(A) Determination by undersecretary.--The Center 
                shall be located at a site the Undersecretary 
                determines to be appropriate to allow the Center to 
                properly carry out the duties specified in paragraph 
                (2).
                    ``(B) Military and other facilities.--In making the 
                determination under subparagraph (A), the 
                Undersecretary shall consider military installations 
                and other existing Government facilities that satisfy 
                the needs of the Center.
                    ``(C) Report.--Not later than one year from the 
                date of the enactment of the International Security 
                Enhancement Act of 2004, the Undersecretary shall 
                submit to the appropriate congressional committees a 
                report recommending a site for the location of the 
                Center.
            ``(4) Support.--The Assistant Secretary for Contingency 
        Training shall provide the Center with such staff and resources 
        as the Assistant Secretary considers necessary and appropriate 
        to allow the Center to properly carry out the duties specified 
        in paragraph (2).
    ``(g) Civilian Overseas Contingency Force.--
            ``(1) Establishment and purpose.--The Undersecretary shall 
        establish within the Bureau of Contingency Training a Civilian 
        Overseas Contingency Force intended to provide a ready source 
        of volunteers who can provide in-country assistance in support 
        of pre-conflict stabilization operations and post-conflict 
        reconstruction operations carried out by the Office in 
        countries categorized pursuant to section 60 as countries of 
        impending risk or countries of immediate risk.
            ``(2) Authority.--
                    ``(A) Country of impending risk.--The President, 
                acting through the Undersecretary, may authorize the 
                deployment of members of the Force to a country of 
                impending risk if the President determines that such 
                deployment is likely to--
                            ``(i) prevent the country from satisfying 
                        any of the criteria specified in section 
                        60(a)(1), if the country does not satisfy any 
                        of the criteria at the time of the appointment 
                        of a Special Coordinator under section 60(g) 
                        for the country; or
                            ``(ii) assist the country to end its 
                        satisfaction of any of the criteria and reduce 
                        the likelihood that the country will be 
                        considered a national security priority by the 
                        President, if the country satisfies any of the 
                        criteria at the time of the appointment
                    ``(B) Country of immediate risk.--The President, 
                acting through the Undersecretary, may authorize the 
                deployment of members of the Force to a country of 
                immediate risk if the President determines that such 
                deployment is likely to--
                            ``(i) assist the country to end its 
                        satisfaction of any of the criteria specified 
                        in section 60(a)(1); and
                            ``(ii) allow the President to remove the 
                        country from the list of countries the 
                        President considers to be a national security 
                        priority.
            ``(3) Composition.--
                    ``(A) Volunteers.--The Force shall be composed of 
                volunteers selected by the Undersecretary, and may 
                include--
                            ``(i) individuals who are Federal employees 
                        or former employees of the executive, 
                        legislative, or judicial branches;
                            ``(ii) individuals who are retired or 
                        former members of the uniformed services;
                            ``(iii) individuals from the United States 
                        or foreign academic community;
                            ``(iv) individuals from United States or 
                        foreign non-governmental organizations; and
                            ``(v) such other individuals from the 
                        United States or foreign countries as the 
                        Undersecretary considers necessary and 
                        appropriate to satisfy the needs of the Force 
                        under this subsection.
                    ``(B) Relevant expertise or experience required.--
                Volunteers selected under subparagraph (A) shall 
                possess expertise in or experience related to pre-
                conflict stabilization operations and post-conflict 
                reconstruction operations, including individuals who 
                possess expertise or experience as--
                            ``(i) members of the judiciary;
                            ``(ii) members of a police force;
                            ``(iii) health workers;
                            ``(iv) penal officers;
                            ``(v) civil planners or administrators;
                            ``(vi) attorneys;
                            ``(vii) constitutional experts;
                            ``(viii) civil engineers;
                            ``(ix) construction workers; or
                            ``(x) members of the financial services 
                        sector.
            ``(4) Advanced training.--The Assistant Secretary for 
        Contingency Training shall utilize the International 
        Contingency Training Center to provide members of the Force 
        with such advanced training in pre-conflict stabilization 
        operations and post-conflict reconstruction operations as the 
        Assistant Secretary considers necessary and appropriate to 
        maintain the operational readiness of the Force.
            ``(5) Limitation on deployment.--
                    ``(A) Limitation.--A member of the Force may not be 
                deployed to one or more countries of impending risk or 
                countries of immediate risk for more than 365 days 
                during any two-year period, as calculated from the date 
                of the initial deployment of the member to any such 
                country, unless the member consents to a longer 
                deployment.
                    ``(B) Treatment of advanced training.--Training 
                provided to a member of the Force under paragraph (4) 
                shall not be counted for purposes of applying the 
                limitation on deployment described in subparagraph (A).
            ``(6) Compensation.--Although members of the Force are 
        volunteers, the Undersecretary shall compensate members of the 
        Force during periods of training and deployment in accordance 
        with--
                    ``(A) the appropriate salary class for the Foreign 
                Service, as set forth in sections 402 and 403 of the 
                Foreign Service Act of 1980 (22 U.S.C. 3962 and 3963); 
                or
                    ``(B) the relevant authority under sections 3101 
                and 3392 of title 5, United States Code.
            ``(7) Extension of certain foreign service benefits.--The 
        Undersecretary may extend to any member of the Force who is 
        deployed in support of a pre-conflict stabilization operation 
        or a post-conflict reconstruction operation the benefits or 
        privileges set forth in sections 412, 413, 704, and 901 of the 
        Foreign Service Act of 1980 (22 U.S.C. 3972, 3973, 4024, and 
        4081) to the same extent and in the same manner that such 
        benefits and privileges are extended to members of the Foreign 
        Service.
            ``(8) Employment and reemployment rights.--Members of the 
        Force shall be treated as members of the uniformed services, as 
        defined in section 4303(16) of title 38, United States Code, 
        for purposes of employment and reemployment rights under 
        subchapters I and II of chapter 43 of such title.
            ``(9) Non-force personnel.--
                    ``(A) Contracting authority.--The Undersecretary 
                may procure the services of individuals or 
                organizations by contract to assist the Office in any 
                pre-conflict stabilization operation or post-conflict 
                reconstruction operation in which the Office may be 
                involved. Individuals performing services related to 
                such assistance shall not by virtue of such performance 
                be considered employees of the United States for 
                purposes of any law administered by the Office of 
                Personnel Management (except that the Undersecretary 
                may determine the applicability to such individuals of 
                any law administered by the Undersecretary concerning 
                such performance by such individuals).
                    ``(B) Experts and consultants.--In the event of a 
                pre-conflict stabilization operation or a post-conflict 
                reconstruction operation in which the Office is 
                involved, and to the extent necessary to obtain without 
                undue delay necessary services considered by the 
                Undersecretary to be relevant to the success of such 
                operation, the Undersecretary may procure the services 
                of experts and consultants under section 3109 of title 
                5, United States Code.
                    ``(C) Authority to accept and assign details.--The 
                Undersecretary may accept details or assignments of 
                employees of the executive, legislative, or judicial 
                branches, members of the uniformed services, and 
                employees of State or local governments on a 
                reimbursable or nonreimbursable basis in order to 
                satisfy the needs of the Office. The assignment of an 
                employee of a State or local government under this 
                subsection shall be consistent with subchapter VI of 
                chapter 33 of title 5, United States Code.
                    ``(D) Acceptance of unpaid volunteer services.--In 
                the event of a pre-conflict stabilization operation or 
                a post-conflict reconstruction operation in which the 
                Office is involved, the Undersecretary may accept the 
                services of certain individuals to assist the Office in 
                the administration of such operations without regard to 
                section 1342 of title 31, United States Code. 
                Individuals providing such services shall be 
                uncompensated.
            ``(10) Supervision and treatment of force and non-force 
        personnel.--
                    ``(A) Supervision.--The Undersecretary shall--
                            ``(i) ensure that members of the Force and 
                        non-Force personnel under paragraph (9) are 
                        notified of the scope of the services accepted 
                        pursuant to such paragraph;
                            ``(ii) supervise the non-Force personnel to 
                        the same extent as Federal employees performing 
                        similar services; and
                            ``(iii) ensure that a non-Force individual 
                        has appropriate credentials or is otherwise 
                        qualified to perform in the capacity for which 
                        the services of such individual are accepted.
                    ``(B) Applicability of provisions relating to 
                federal employees.--Members of the Force or non-Force 
                personnel under paragraph (9) who are not Federal 
                employees shall not be considered as Federal employees 
                by reason of the performance of services, except for 
                the purposes of the following provisions of the United 
                States Code:
                            ``(i) Chapter 81 of title 5, relating to 
                        compensation for work-related injuries.
                            ``(ii) Chapter 171 of title 28, relating to 
                        tort claims.
                            ``(iii) Chapter 11 of title 18, relating to 
                        conflicts of interest.
            ``(11) Database of civilian volunteers and other 
        individuals.--The Undersecretary shall establish within the 
        Bureau a database of members of the Force and such other non-
        Force individuals with relevant experience or expertise related 
        to pre-conflict stabilization operations and post-conflict 
        reconstruction operations as the Undersecretary determines 
        necessary and appropriate to satisfy the needs of the Force 
        under this subsection.''.
    (b) Number of Undersecretaries and Assistant Secretaries.--
            (1) State department basic authorities act of 1956.--
        Section 1 of the State Department Basic Authorities Act of 1956 
        (22 U.S.C. 2651a) is amended--
                    (A) in subsection (b)(1), relating to the number of 
                Under Secretaries, by striking ``6'' and inserting 
                ``7''; and
                    (B) in subsection (c)(1), relating to the number of 
                Assistant Secretaries, by striking ``24'' and inserting 
                ``27''.
            (2) Title 5, united states code.--Title 5, United States 
        Code, is amended--
                    (A) in section 5314, relating to compensation at 
                level III of the Executive Schedule, by striking 
                ``(6)'' in the item relating to Under Secretaries of 
                State and inserting ``(7)''; and
                    (B) in section 5315, relating to compensation at 
                level IV of the Executive Schedule, by striking 
                ``(24)'' in the item relating to Assistant Secretaries 
                of State and inserting ``(27)''.

SEC. 102. IDENTIFICATION OF WEAK OR FAILING COUNTRIES AND 
              CATEGORIZATION OF COUNTRY ACCORDING TO LEVEL OF RISK.

    The State Department Basic Authorities Act of 1956 is further 
amended by adding after section 59, as added by section 101, the 
following new section:

``SEC. 60. IDENTIFICATION OF WEAK OR FAILING COUNTRIES AND 
              CATEGORIZATION OF COUNTRY ACCORDING TO LEVEL OF RISK.

    ``(a) Weak or Failing Country.--
            ``(1) Identification.--The Undersecretary for Overseas 
        Contingencies and Stabilization shall identify a country as a 
        weak or failing country if the Undersecretary determines that 
        the country endangers or is likely to endanger--
                    ``(A) the population of such country;
                    ``(B) the security or stability of neighboring 
                countries;
                    ``(C) United States national security;
                    ``(D) success in the Global War on Terrorism; or
                    ``(E) United States or international efforts 
                towards the non-proliferation of weapons of mass 
                destruction.
            ``(2) Definition.--For purposes of this section, the term 
        `weak or failing country' means a country identified by the 
        Undersecretary under paragraph (1).
    ``(b) Categorization.--
            ``(1) Increasing levels of risk.--The Undersecretary shall 
        categorize a weak or failing country into one of three risk 
        categories, each of which corresponds to an increasing level of 
        risk relative to the preceding category, as follows:
                    ``(A) Country of risk.
                    ``(B) Country of impending risk.
                    ``(C) Country of immediate risk.
            ``(2) Country of risk.--The Undersecretary shall categorize 
        a weak or failing country as a country of risk if the 
        Undersecretary determines that the country is likely to satisfy 
        one or more of the criteria specified in subsection (a)(1) 
        within two to five years after the date of the categorization.
            ``(3) Country of impending risk.--The Undersecretary shall 
        categorize a weak or failing country as a country of impending 
        risk if the Undersecretary determines that the country--
                    ``(A) is likely to satisfy one or more of the 
                criteria specified in subsection (a)(1) within two 
                years after the date of the categorization; or
                    ``(B) satisfies one or more of the criteria at the 
                time of the categorization, but the President, after 
                consultation with the National Security Council, does 
                not consider the country to be a national security 
                priority.
            ``(4) Country of immediate risk.--The Undersecretary shall 
        categorize a weak or failing country as a country of immediate 
        risk if--
                    ``(A) the Undersecretary determines that the 
                country satisfies one or more of the criteria specified 
                in subsection (a)(1) at the time of the categorization; 
                and
                    ``(B) the President, after consultation with the 
                National Security Council, considers the country to be 
                a national security priority.
            ``(5) Prompt notice of certain categorizations.--Not later 
        than 30 days after the initial categorization of a weak or 
        failing country as a country of impending risk or a country of 
        immediate risk, the Undersecretary shall notify the President 
        and the appropriate congressional committees of the 
        categorization.
    ``(c) Basis for Categorization.--
            ``(1) Review.--The Assistant Secretary for Contingency 
        Planning shall conduct--
                    ``(A) an annual review of each weak or failing 
                country categorized as a country of risk;
                    ``(B) a biannual review of each weak or failing 
                country categorized as a country of impending risk; and
                    ``(C) a quarterly review of each weak or failing 
                country categorized as a country of immediate risk.
            ``(2) Report.--Not later than 30 days after the completion 
        of each review under paragraph (1), the Undersecretary shall 
        submit to the appropriate congressional committees a report 
        containing the results of the review and such other information 
        as the Undersecretary considers appropriate to support the 
        categorization of the weak or failing country under subsection 
        (b).
    ``(d) Additional Monitoring.--
            ``(1) Political and economic developments.--The Assistant 
        Secretary for Contingency Planning shall monitor political and 
        economic developments in each weak or failing country 
        categorized as a country of risk, a country of impending risk, 
        or a country of immediate risk.
            ``(2) Focus of attention.--With respect to a weak or 
        failing country categorized as a country of impending risk or a 
        country of immediate risk, the Assistant Secretary shall pay 
        particular attention to political and economic developments 
        that are likely to necessitate--
                    ``(A) an adjustment in plans for pre-conflict 
                stabilization operations and post-conflict 
                reconstruction operations for the country under 
                subsection (f); or
                    ``(B) an adjustment in the level of risk of the 
                country under subsection (b).
    ``(e) Review of Foreign Assistance and Diplomatic Efforts.--
            ``(1) Initial review required.--Not later than 30 days 
        after the initial categorization of a weak or failing country 
        as a country of risk, country of impending risk, or a country 
        of immediate risk, the Assistant Secretary for Contingency 
        Planning shall conduct a review of the amount of foreign 
        assistance provided to the country and any diplomatic efforts 
        undertaken with regard to the country.
            ``(2) Periodic updates.--The Assistant Secretary shall 
        update each review conducted under paragraph (1)--
                    ``(A) not less than once every two years for each 
                weak or failing country that is categorized as a 
                country of risk for two or more consecutive years;
                    ``(B) not less than once every year for each weak 
                or failing country that is categorized as a country of 
                impending risk for two or more consecutive years; and
                    ``(C) not less than once every six months for each 
                weak or failing country that is categorized as a 
                country of immediate risk.
            ``(3) Follow-up report.--Not later than 30 days after 
        completing each review conducted or updated under this 
        subsection regarding a weak or failing country categorized as a 
        country of risk, a country of impending risk, or a country of 
        immediate risk, and based on the review, the Undersecretary 
        shall submit to the appropriate congressional committees a 
        report containing such recommendations for further action 
        regarding the country, including relating to foreign assistance 
        and diplomatic efforts, as the Undersecretary considers 
        appropriate to--
                    ``(A) reduce the likelihood that the country will 
                ever satisfy any of the criteria specified in 
                subsection (a)(1), if the country does not satisfy any 
                of the criteria at the time of the submission of the 
                report;
                    ``(B) assist the country to end its satisfaction of 
                any of the criteria and reduce the likelihood that the 
                country will be considered a national security priority 
                by the President or allow the President to remove the 
                country from the list of countries the President 
                considers to be a national security priority, if the 
                country satisfies any of the criteria at the time of 
                the submission of the report; and
                    ``(C) allow the Undersecretary to reduce or remove 
                the categorization of the country under subsection (b) 
                and remove the identification of the country as a weak 
                or failing country.
    ``(f) Plans for Pre-Conflict Stabilization Operations and Post-
Conflict Reconstruction Operations.--The Assistant Secretary for 
Contingency Planning shall require the preparation of plans for pre-
conflict stabilization operations and post-conflict reconstruction 
operations for each weak or failing country categorized as a country of 
impending risk or a country of immediate risk.
    ``(g) Special Coordinator for Countries of Impending Risk.--
            ``(1) Appointment.--Not later than 15 days after the 
        categorization of a weak or failing country as a country of 
        impending risk, the President shall appoint an acting Special 
        Coordinator for each such country.
            ``(2) Formalization.--As soon as practicable after the 
        appointment of an acting Special Coordinator under paragraph 
        (1), the President shall request that the acting Special 
        Coordinator be formally appointed as a Special Coordinator. The 
        Special Coordinator shall be appointed by and with the advice 
        and consent of the Senate, and shall have the rank and status 
        of Ambassador-at-Large.
            ``(3) Duties.--The Special Coordinator for a country shall 
        serve as the lead executive branch official responsible for 
        coordinating pre-conflict stabilization operations and post-
        conflict reconstruction operations with regard to the country, 
        intended to--
                    ``(A) prevent the country from satisfying any of 
                the criteria specified in subsection (a)(1), if the 
                country does not satisfy any of the criteria at the 
                time of the appointment; or
                    ``(B) assist the country to end its satisfaction of 
                any of the criteria and reduce the likelihood that the 
                country will be considered a national security priority 
                by the President, if the country satisfies any of the 
                criteria at the time of the appointment.
            ``(4) Qualifications.--A person appointed as a Special 
        Coordinator shall--
                    ``(A) be a senior member of the Foreign Service who 
                possesses expertise with respect to the country 
                categorized as a country of impending risk; or
                    ``(B) be a member of the Office of Overseas 
                Contingencies and Stabilization with expertise in the 
                operations and administration of the Office.
            ``(5) Waiver.--The President may waive the qualification 
        requirements under paragraph (4) if the President determines 
        that the waiver is in the national security interests of the 
        United States.
            ``(6) Support.--The Undersecretary shall provide each 
        Special Coordinator with such staff and resources as the 
        Undersecretary considers necessary and appropriate to allow the 
        Special Coordinator to properly carry out the duties specified 
        in paragraph (3).
    ``(h) Director of Operations for Countries of Immediate Risk and 
Related Countries.--
            ``(1) Appointment.--Not later than 15 days after the 
        categorization of a weak or failing country as a country of 
        immediate risk, the President shall appoint an acting Director 
        of Operations for each such country.
            ``(2) Formalization.--As soon as practicable after the 
        appointment of an acting Director of Operations under paragraph 
        (1), the President shall request that the acting Director of 
        Operations be formally appointed as a Director of Operations. 
        The Director of Operations shall be appointed by and with the 
        advice and consent of the Senate, and shall have the rank and 
        status of Ambassador-at-Large.
            ``(3) Appointment of emergency acting director of 
        operations.--
                    ``(A) Emergency appointment for related 
                countries.--The Undersecretary shall appoint an 
                emergency acting Director of Operations for a country 
                or a weak or failing country not categorized as a 
                country of immediate risk if--
                            ``(i) the United States undertakes a 
                        military or non-military intervention operation 
                        in the country; or
                            ``(ii) the Undersecretary determines that a 
                        military or non-military intervention operation 
                        is imminent.
                    ``(B) Time for emergency appointment.--The 
                Undersecretary shall appoint the emergency acting 
                Director of Operations for a country or such weak or 
                failing country--
                            ``(i) as soon as practicable after the 
                        initiation of a military or non-military 
                        intervention operation in the country; or
                            ``(ii) in the case of a determination under 
                        subparagraph (A)(ii), as soon as practicable 
                        after making the determination, but not later 
                        than the first day after the initiation of such 
                        intervention operation.
                    ``(C) Notification to congress.--Not later than 
                seven days after the appointment of an emergency acting 
                Director of Operations under paragraph (3), the 
                Undersecretary shall notify the appropriate 
                congressional committees of the designation.
                    ``(D) Formalization.--As soon as practicable after 
                the appointment of an emergency acting Director of 
                Operations under paragraph (3), the President shall 
                request that the emergency acting Director of 
                Operations be formally appointed as a Director of 
                Operations.
            ``(4) Duties.--The Director of Operations for a country 
        shall serve as the lead executive branch official responsible 
        for coordinating pre-conflict stabilization operations and 
        post-conflict reconstruction operations with regard to the 
        country, intended to--
                    ``(A) assist the country to end its satisfaction of 
                any of the criteria specified in subsection (a)(1); and
                    ``(B) allow the President to remove the country 
                from the list of countries the President considers to 
                be a national security priority.
            ``(5) Regular appearance before congress.--To the maximum 
        extent practicable, the Director of Operations shall appear 
        regularly before the appropriate congressional committees to 
        provide updates regarding pre-conflict stabilization operations 
        or post-conflict reconstruction operations, intended to--
                    ``(A) assist the country to end its satisfaction of 
                any of the criteria specified in subsection (a)(1); and
                    ``(B) allow the President to remove the country 
                from the list of countries the President considers to 
                be a national security priority.
            ``(6) Qualifications.--A person appointed as a Director of 
        Operations shall--
                    ``(A) be a senior or former member of the Foreign 
                Service who possesses expertise with respect to the 
                country; or
                    ``(B) be a senior or former member of the Senior 
                Executive Service who possesses expertise with respect 
                to the country.
            ``(7) Waiver.--The President may waive the qualification 
        requirements under paragraph (6) if the President determines 
        that the waiver is in the national security interests of the 
        United States.
            ``(8) Support.--The Undersecretary shall provide each 
        Director of Operations with such staff and resources as the 
        Undersecretary considers necessary and appropriate to allow the 
        Director of Operations to properly carry out the duties 
        specified in paragraph (4).
    ``(i) Transitional Countries.--
            ``(1) Increase in level of risk.--The Special Coordinator 
        for a country of impending risk shall assume the title of 
        Director of Operations for that country if that country is 
        subsequently categorized as a country of immediate risk.
            ``(2) Decrease in level of risk.--
                    ``(A) Country of immediate risk to country of 
                impending risk.--The Director of Operations for a 
                country of immediate risk shall assume the title of 
                Special Coordinator for that country if that country is 
                subsequently categorized as a country of impending 
                risk.
                    ``(B) Country of immediate or impending risk to 
                country of risk or non-categorized country.--The 
                Director of Operations for a country of immediate risk 
                or a Special Coordinator for a country of impending 
                risk may retain such title if--
                            ``(i) that country is subsequently 
                        categorized as a country of risk or that 
                        country is subsequently removed from risk 
                        categorization; and
                            ``(ii) the President determines that 
                        retention of the Director of Operations or 
                        Special Coordinator is in the national security 
                        interests of the United States.
    ``(j) Resignation and Replacement.--If a Special Coordinator or a 
Director of Operations resigns, the President shall, not later than 15 
days from the date of such resignation, appoint a replacement acting 
Special Coordinator or replacement acting Director of Operations in 
accordance with subsections (g) or (h), as the case may be.
    ``(k) Emergency Assistance.--Pursuant to section 452 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Undersecretary 
shall use emergency financial assistance furnished from the Department 
of State Emergency Stabilization Operations Support Fund to carry out 
pre-conflict stabilization operations in countries of impending risk or 
countries of immediate risk.
    ``(l) Classified Information.--
            ``(1) Categorization of country.--The Undersecretary may 
        treat as classified information the categorization under 
        subsection (b) of a weak or failing country if the 
        Undersecretary determines that such treatment is in the 
        national security interests of the United States.
            ``(2) Emergency acting director of operations.--The 
        Undersecretary may treat as classified information the 
        appointment under subsection (h)(3) of an emergency acting 
        Director of Operations if the Undersecretary determines that 
        such treatment is in the national security interests of the 
        United States.
            ``(3) Reports.--Any report required by this section may be 
        submitted to the appropriate congressional committees in whole 
        or in part in classified form.
    ``(m) Reference.--
            ``(1) Special coordinator.--Any reference in this section 
        to a Special Coordinator includes an acting Special 
        Coordinator.
            ``(2) Director of operations.--Any reference in this 
        section to a Director of Operations includes an acting Director 
        of Operations and an emergency acting Director of Operations.
    ``(n) Definition.--The term `appropriate congressional committees' 
means the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate.''.

SEC. 103. EMERGENCY STABILIZATION OPERATIONS SUPPORT FUND.

    The Foreign Assistance Act of 1961 is amended by adding after 
section 451 (22 U.S.C. 2261) the following new section:

``SEC. 452. EMERGENCY STABILIZATION OPERATIONS SUPPORT FUND.

    ``(a) Establishment and Funding.--There is established in the 
Treasury an account to be known as the `Department of State Emergency 
Stabilization Operations Support Fund' (in this section referred to as 
the `Fund'). The Fund shall consist of amounts appropriated to the 
Fund. Amounts in the Fund are available without further appropriation 
and until expended to carry out this section.
    ``(b) Emergency Assistance and Coordination.--The President, acting 
through the Undersecretary of State for Overseas Contingencies and 
Stabilization, is authorized to use amounts in the Fund to furnish 
emergency financial assistance to the Office of Overseas Contingencies 
and Stabilization of the Department of State, for use with respect to a 
country categorized under section 60 of the State Department Basic 
Authorities Act of 1956 as a country of impending risk or a country of 
immediate risk.
    ``(c) Use of Emergency Assistance for Pre-Conflict Stabilization 
Operations.--
            ``(1) Country of impending risk.--The Special Coordinator 
        for a country of impending risk, appointed pursuant to section 
        60(g) of the State Department Basic Authorities Act of 1956, 
        shall use the emergency financial assistance furnished under 
        subsection (b) to carry out pre-conflict stabilization 
        operations with respect to a country of impending risk, 
        intended to--
                    ``(A) prevent the country from satisfying any of 
                the criteria specified in section 60(a)(1) of the State 
                Department Basic Authorities Act of 1956, if the 
                country does not satisfy any of the criteria at the 
                time of the appointment of the Special Coordinator for 
                the country; or
                    ``(B) assist the country to end its satisfaction of 
                any of the criteria and reduce the likelihood that the 
                country will be considered a national security priority 
                by the President, if the country satisfies any of the 
                criteria at the time of the appointment.
            ``(2) Country of immediate risk.--The Director of 
        Operations for a country of immediate risk, appointed pursuant 
        to section 60(h) of the State Department Basic Authorities Act 
        of 1956, shall use the emergency financial assistance furnished 
        under subsection (b) to carry out pre-conflict stabilization 
        operations with respect to a country of immediate risk, 
        intended to--
                    ``(A) assist the country to end its satisfaction of 
                any of the criteria specified in section 60(a)(1) of 
                the State Department Basic Authorities Act of 1956; and
                    ``(B) allow the President to remove the country 
                from the list of countries the President considers to 
                be a national security priority.
    ``(d) Report.--The President shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate an annual report covering 
the previous year and containing--
            ``(1) an identification of the countries of impending risk 
        and the countries of immediate risk for which amounts from the 
        Fund have been expended;
            ``(2) a specification of the amounts of emergency financial 
        assistance so expended;
            ``(3) an explanation of how or in what manner the emergency 
        financial assistance was used;
            ``(4) an evaluation of the effectiveness of the emergency 
        financial assistance in helping the Office of Overseas 
        Contingencies and Stabilization carry out the stabilization 
        operations specified in subsection (c) with respect to 
        countries of impending risk and countries of immediate risk; 
        and
            ``(5) such other information as the President considers 
        necessary and appropriate.
    ``(e) Limitation on Use of Emergency Assistance.--Emergency 
financial assistance made furnished under this section may not be used 
for post-conflict reconstruction operations in any country.''.

                 TITLE II--DEPARTMENT OF DEFENSE REFORM

SEC. 201. REGIONAL JOINT INTERAGENCY TASK FORCES FOR POST-CONFLICT 
              RECONSTRUCTION OPERATIONS.

    (a) In General.--Chapter 6 of title 10, United States Code, is 
amended by inserting after section 164 the following new section:
``Sec. 164a. Joint interagency task forces for post-conflict 
              reconstruction operations
    ``(a) Establishment.--(1) Whenever the commander of a regional 
combatant command, at the direction of the President or Secretary of 
Defense, begins planning for a contingency operation that has been or 
may be directed by the President or Secretary of Defense, the commander 
shall establish, within the staff of the combatant command, a joint 
interagency task force to prepare for any post-conflict reconstruction 
operations that may result from that contingency operation.
    ``(2) Subject to the direction of the President and Secretary of 
Defense, and except as otherwise specified by the commander of the 
command, the head of any task force established under paragraph (1) 
shall be the deputy commander of the combatant command. If the deputy 
commander is not the head of the task force, the head of the task force 
shall be a general or flag officer on active duty who is assigned to 
the combatant command.
    ``(b) Functions.--A task force established under this section with 
respect to a contingency operation shall assist the combatant commander 
in planning, before, during, and after the combatant command is 
involved in combat operations, for post-conflict reconstruction 
operations in order to facilitate as smooth a transition as possible 
from the conflict phase to the post-conflict reconstruction phase of 
the operation.
    ``(c) Agency Representatives.--(1) Whenever the commander of a 
combatant command establishes a task force under this section, the 
commander, subject to such procedures as may be established by the 
Secretary of Defense, shall request the heads of the departments and 
agencies specified in paragraph (2) to assign an appropriate 
representative or representatives to the task force. Upon receiving 
such a request, the head of a department or agency shall promptly 
assign a representative or representatives to the task force.
    ``(2) Paragraph (1) applies to the following:
            ``(A) The Department of State, including the Office of 
        Overseas Contingencies and Stabilization.
            ``(B) The Department of Commerce.
            ``(C) The Department of the Treasury.
            ``(D) The Federal Bureau of Investigation.
            ``(E) The Central Intelligence Agency.
            ``(F) Any other relevant Government agency, as determined 
        by the combatant commander, subject to the approval of the 
        Secretary of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``164a. Joint interagency task forces for post-conflict reconstruction 
                            operations.''.

              TITLE III--NATIONAL SECURITY COUNCIL REFORM

SEC. 301. JOINT TASK FORCE FOR STABILIZATION, RECONSTRUCTION, AND 
              CONTINGENCY OPERATIONS COORDINATION.

    (a) Establishment.--There is established in the Executive Office of 
the President a task force to be known as the ``Joint Task Force for 
Stabilization, Reconstruction, and Contingency Operations 
Coordination'' (in this section referred to as the ``Joint Task 
Force''). The Joint Task Force shall be headed by the Assistant to the 
President for National Security Affairs or a designee of the Assistant.
    (b) Mission.--The mission of the Joint Task Force is to ensure 
proper and complete coordination between Federal agencies before, 
during, and after instances in which the United States participates 
in--
            (1) pre-conflict stabilization operations in a foreign 
        country;
            (2) contingency operations, as defined in section 101(13) 
        of title 10, United States Code, in a foreign country; and
            (3) post-conflict reconstruction operations, in a foreign 
        country.
    (c) Organization.--The Joint Task Force shall be comprised of the 
following:
            (1) Director or acting director of operations.--Each 
        Director or Acting Director of Operations, appointed under 
        section 60 of the State Department Basic Authorities Act of 
        1956, as added by section 102.
            (2) Deputy commander of the combatant command.--A deputy 
        commander of the combatant command of the joint interagency 
        task force for post-conflict reconstruction operations, 
        established under section 164a of title 10, United States Code, 
        as added by section 201, for each country in which such 
        operations are conducted.
            (3) Additional officials.--Such additional officials of the 
        executive branch as the Assistant to the President for National 
        Security Affairs or a designee of the Assistant determines to 
        be appropriate.
    (d) Meetings.--
            (1) In general.--The Joint Task Force shall meet as such 
        times and in such places as the Assistant to the President for 
        National Security Affairs or a designee of the Assistant 
        directs.
            (2) Mandatory meetings.--In the case of a pre-conflict 
        stabilization operation, a contingency operation, or a post-
        conflict reconstruction operation, the Joint Task Force shall 
        meet as soon as practicable after the initiation of such 
        operation.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. RULES OF CONSTRUCTION.

    (a) National Security Strategy.--Nothing in this Act shall be 
construed to encourage or discourage an increase or decrease in foreign 
interventions or military or non-military operations by the United 
States, or to endorse any particular national security strategy or 
policy.
    (b) Authority of the President.--Nothing in this Act shall be 
construed to limit the authority of the President to undertake any 
military or non-military operation that the President considers 
necessary to protect the national security interests of the United 
States.

SEC. 402. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) funds appropriated to carry out the amendments made by 
        this Act should be offset, to the greatest extent practicable, 
        by reductions in redundant or duplicative functions and foreign 
        assistance programs of the Department of State; and
            (2) increased staff levels required by the amendments made 
        by this Act should be offset, to the greatest extent 
        practicable, by--
                    (A) the transfer of staff within the Department of 
                State; and
                    (B) the elimination of redundant functions of the 
                Department of State that arise as a result of the 
                amendments made by this Act.
                                 <all>