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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1361 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1361

  To improve the ability of the Federal Government to coordinate and 
  conduct stabilization and reconstruction operations in countries or 
  regions that are in, are in transition from, or are likely to enter 
        into, conflict or civil strife, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

  Mr. Dreier introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL

 
  To improve the ability of the Federal Government to coordinate and 
  conduct stabilization and reconstruction operations in countries or 
  regions that are in, are in transition from, or are likely to enter 
        into, conflict or civil strife, 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 2005''.
    (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. Authority to provide assistance for stabilization and 
                            reconstruction operations.
Sec. 102. Office of the Coordinator for Stabilization and 
                            Reconstruction.
Sec. 103. Stabilization and Reconstruction Operations Support Fund.
Sec. 104. Authorizations of appropriations.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Rules of construction.
Sec. 202. 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 announced by President 
        George W. Bush in September 2002 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 stabilization and 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) Over the past 15 years the United States has been 
        involved in major stabilization and reconstruction operations 
        in Somalia, Haiti, Bosnia and Herzegovina, Kosovo, Liberia, 
        Afghanistan, and Iraq, and has contributed significant 
        resources to operations in El Salvador, Nicaragua, Guatemala, 
        Rwanda, Sierra Leone, Colombia, and East Timor. 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.
            (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 
        ``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. AUTHORITY TO PROVIDE ASSISTANCE FOR STABILIZATION AND 
              RECONSTRUCTION OPERATIONS.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2251 et seq.) is amended by--
            (1) redesignating the second section 620G (22 U.S.C. 2378a) 
        as section 620J; and
            (2) by inserting after section 620J, as so redesignated, 
        the following new section:

``SEC. 620K. ASSISTANCE FOR STABILIZATION AND RECONSTRUCTION 
              OPERATIONS.

    ``(a) In General.--If the President determines that it is in the 
national security interests of the United States for United States 
civilian agencies or non-Federal employees to engage in stabilization 
and reconstruction operations in a country or region that is in, or is 
in transition from, or is likely to enter into, conflict or civil 
strife, the President may, in accordance with the provisions set forth 
in section 614(a)(3), notwithstanding any other provision of law, and 
on such terms and conditions as the President may determine, provide 
assistance under section 452 to facilitate such operations and 
authorize the export of goods and services needed in connection 
therewith.
    ``(b) Special Authorities.--To provide the assistance authorized 
under subsection (a), the President may exercise the authorities 
contained in sections 552(c)(2), 610, and 614 without regard to the 
percentage and aggregate dollar limitations contained in such 
sections.''.

SEC. 102. OFFICE OF THE COORDINATOR FOR STABILIZATION AND 
              RECONSTRUCTION.

    (a) Establishment of Office.--The State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 
after section 60 (22 U.S.C. 2732) the following new section:

``SEC. 61. OFFICE OF THE COORDINATOR FOR STABILIZATION AND 
              RECONSTRUCTION.

    ``(a) Office of the Coordinator for Stabilization and 
Reconstruction.--
            ``(1) Establishment of office.--The Secretary shall 
        establish within the Department of State an Office of the 
        Coordinator for Stabilization and Reconstruction.
            ``(2) Head of office.--The head of the Office shall be the 
        Coordinator for Stabilization and Reconstruction. The President 
        shall appoint the Coordinator, by and with the advice and 
        consent of the Senate. The Coordinator shall have the rank of 
        Ambassador-at-Large.
            ``(3) Purpose of office.--The Office shall have primary 
        responsibility for planning and administering stabilization and 
        reconstruction operations in a country or region that is in, or 
        is in transition from, or is likely to enter into, conflict or 
        civil strife. In particular, the Office shall be responsible 
        for the following:
                    ``(A) Identifying a country or region that is in, 
                is in transition from, or is likely to enter into, 
                conflict or civil strife.
                    ``(B) Monitoring political and economic 
                developments in a country or region that is in, is in 
                transition from, or is likely to enter into, conflict 
                or civil strife.
                    ``(C) Preparing stabilization operations to address 
                the dangers posed by a country or region that is in, is 
                in transition from, or is likely to enter into, 
                conflict or civil strife.
                    ``(D) Preparing reconstruction operations, 
                including operations relating to civil and political 
                affairs, for a country in which the United States 
                participates or may participate in a reconstruction 
                operation.
                    ``(E) Administering and managing the Stabilization 
                and Reconstruction Corps and the Stabilization and 
                Reconstruction Reserve established under subsections 
                (c) and (d), respectively.
                    ``(F) Coordinating the planning and execution of 
                stabilization and reconstruction operations with--
                            ``(i) the Department of Defense and other 
                        relevant departments;
                            ``(ii) the Central Intelligence Agency and 
                        other relevant elements of the intelligence 
                        community;
                            ``(iii) such other United States government 
                        agencies as the Secretary determines 
                        appropriate;
                            ``(iv) the United Nations, the North 
                        Atlantic Treaty Organization, and other 
                        relevant international organizations; and
                            ``(v) relevant non-governmental 
                        organizations.
                    ``(G) Managing resources needed to respond to a 
                country or region that is in, is in transition from, or 
                is likely to enter into, conflict or civil strife.
    ``(b) International Stabilization and Reconstruction Training 
Center.--
            ``(1) Establishment.--There is established within the 
        George P. Shultz National Foreign Affairs Training Center 
        (originally established under section 701 of the Foreign 
        Service Act of 1946, described in section 701 of the Foreign 
        Service Act of 1980 (22 U.S.C. 4021), and commonly referred to 
        as the `Foreign Service Institute' or the `institution') an 
        International Stabilization and Reconstruction Training Center 
        (referred to in this subsection as the `Center').
            ``(2) Duties.--The Center shall be responsible for--
                    ``(A) conducting inter-agency training, including 
                training related to inter-agency decisionmaking, 
                operational planning, and execution simulations, for 
                mid-level Government officials and managers to prepare 
                these officials and managers to address stabilization 
                and reconstruction operations;
                    ``(B) conducting advanced training related to 
                stabilization and reconstruction operations for members 
                of the Stabilization and Reconstruction Corps and 
                Stabilization and Reconstruction Reserve;
                    ``(C) conducting pre-deployment training related to 
                stabilization and reconstruction operations for 
                civilians and military-civil affairs personnel;
                    ``(D) conducting exercises related to stabilization 
                and reconstruction operations for United States and 
                international experts;
                    ``(E) developing a uniform set of operating 
                procedures for stabilization and reconstruction 
                operations; and
                    ``(F) conducting ongoing evaluations and after-
                action reviews of stabilization and reconstruction 
                operations.
            ``(3) Support.--The Secretary, in coordination with the 
        Director of the Foreign Service Institute (appointed under 
        section 701(a) of the Foreign Service Act of 1980 (22 U.S.C. 
        4021(a)), shall provide the Center with such staff and 
        resources as the Secretary and the Director consider necessary 
        and appropriate to allow the Center to properly carry out the 
        duties specified in paragraph (2).
    ``(c) Stabilization and Reconstruction Corps.--
            ``(1) Establishment and purpose.--The Coordinator shall 
        establish within the Office a Stabilization and Reconstruction 
        Corps intended to provide assistance in support of 
        stabilization and reconstruction operations in a country or 
        region that is in, is in transition from, or is likely to enter 
        into, conflict or civil strife.
            ``(2) Composition.--The Coordinator shall hire--
                    ``(A) no more than 250 individuals to serve in the 
                Corps; and
                    ``(B) such other individuals as the Secretary may 
                designate, in consultation with the Administrator of 
                the United States Agency for International Development, 
                as members of the Corps from among employees of the 
                Department of State and the United States Agency for 
                International Development.
            ``(3) Use of the center.--The Coordinator shall utilize the 
        International Stabilization and Reconstruction Training Center 
        to provide members of the Corps with such advanced training in 
        stabilization and reconstruction operations as the Coordinator 
        considers necessary and appropriate to maintain the operational 
        readiness of the Corps.
            ``(4) Deployment.--The President, acting through the 
        Coordinator, may authorize the deployment of members of the 
        Corps to a country or region that is in, is in transition from, 
        or is likely to enter into, conflict or civil strife in support 
        of stabilization or reconstruction operations under section 
        620K of the Foreign Assistance Act of 1961.
            ``(5) Compensation.--Members of the Corps hired under 
        paragraph (2) shall be compensated 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.
    ``(d) Stabilization and Reconstruction Reserve.--
            ``(1) Establishment and purpose.--The Coordinator shall 
        establish within the Office a Stabilization and Reconstruction 
        Reserve intended to provide a ready source of volunteers who 
        can provide in-country assistance in support of stabilization 
        and reconstruction operations in a country or region that is 
        in, is in transition from, or is likely to enter into, conflict 
        or civil strife.
            ``(2) Deployment.--The President, acting through the 
        Coordinator, may authorize the deployment of members of the 
        Reserve to a country or region in support of stabilization or 
        reconstruction operations under section 620K of the Foreign 
        Assistance Act of 1961.
            ``(3) Composition.--
                    ``(A) Volunteers.--The Reserve shall be composed of 
                volunteers selected by the Coordinator, and may 
                include--
                            ``(i) individuals who are Federal 
                        employees, including employees of the 
                        Department of State and the United States 
                        Agency for International Development, 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 
                        Coordinator considers necessary and appropriate 
                        to satisfy the needs of the Reserve under this 
                        subsection.
                    ``(B) Relevant expertise or experience required.--
                Volunteers selected under subparagraph (A) shall 
                possess expertise in or experience related to 
                stabilization and 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;
                            ``(x) members of the financial services 
                        sector;
                            ``(xi) linguists and language experts; or
                            ``(xii) regional and cultural experts.
            ``(4) Use of the center.--The Coordinator shall utilize the 
        International Stabilization and Reconstruction Training Center 
        to provide members of the Reserve with such training in 
        stabilization and reconstruction operations as the Coordinator 
        considers necessary and appropriate to maintain the operational 
        readiness of the Reserve.
            ``(5) Limitation on deployment.--
                    ``(A) Limitation.--A member of the Reserve may not 
                be deployed to a country or region that is in, is in 
                transition from, or is likely to enter into, conflict 
                or civil strife 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 or region, 
                unless the member consents to a longer deployment.
                    ``(B) Treatment of advanced training.--Training 
                provided to a member of the Reserve 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 Reserve are 
        volunteers, the Coordinator shall compensate members of the 
        Reserve 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 
        Coordinator may extend to any member of the Reserve who is 
        deployed in support of a stabilization or 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 
        Reserve 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-reserve personnel.--
                    ``(A) Contracting authority.--The Coordinator may 
                procure the services of individuals or organizations by 
                contract to assist the Office in any stabilization or 
                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 Coordinator may 
                determine the applicability to such individuals of any 
                law administered by the Coordinator concerning such 
                performance by such individuals).
                    ``(B) Experts and consultants.--In the event of a 
                stabilization or reconstruction operation in which the 
                Office is involved, and to the extent necessary to 
                obtain without undue delay necessary services 
                considered by the Coordinator to be relevant to the 
                success of such operation, the Coordinator 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 
                Coordinator 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 stabilization or reconstruction 
                operation in which the Office is involved, the 
                Coordinator 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 reserve and non-reserve 
        personnel.--
                    ``(A) Supervision.--The Coordinator shall--
                            ``(i) ensure that members of the Reserve 
                        and non-Reserve personnel under paragraph (9) 
                        are notified of the scope of the services 
                        accepted pursuant to such paragraph;
                            ``(ii) supervise the non-Reserve personnel 
                        to the same extent as Federal employees 
                        performing similar services; and
                            ``(iii) ensure that a non-Reserve 
                        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 Reserve or non-
                Reserve 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.
    ``(e) Emergency Assistance.--Pursuant to section 452 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Secretary, acting 
through the Coordinator, shall use emergency financial assistance 
furnished from the Department of State Stabilization and Reconstruction 
Operations Support Fund to carry out stabilization and reconstruction 
operations in a country or region that is in, is in transition from, or 
is likely to enter into, conflict or civil strife.''.
    (b) Conforming Amendment Concerning Training at the Foreign Service 
Institute.--The first sentence of section 701(a) of the Foreign Service 
Act of 1980 (22 U.S.C. 4021(a)) is amended by inserting ``, including 
training and instruction under section 61(b) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.),'' after 
``foreign relations''.

SEC. 103. STABILIZATION AND RECONSTRUCTION OPERATIONS SUPPORT FUND.

    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 
amended by adding after section 451 (22 U.S.C. 2261) the following new 
section:

``SEC. 452. STABILIZATION AND RECONSTRUCTION OPERATIONS SUPPORT FUND.

    ``(a) Establishment and Funding.--There is established in the 
Treasury an account to be known as the `Department of State 
Stabilization and Reconstruction 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 Financial Assistance and Coordination.--The 
President, acting through the Secretary of State and the Coordinator 
for Stabilization and Reconstruction of the Department of State under 
section 61(e) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.), is authorized to use amounts in the Fund to 
furnish emergency financial assistance to the Office of the Coordinator 
for Stabilization and Reconstruction of the Department of State, 
established under such section, for use with respect to a country or 
region that is in, is in transition from, or is likely to enter into, 
conflict or civil strife.
    ``(c) Use of Emergency Financial Assistance for Stabilization and 
Reconstruction Operations.--
            ``(1) In general.--The Coordinator shall use the emergency 
        financial assistance furnished under this section to carry out 
        stabilization and reconstruction operations with respect to a 
        country or region that is in, is in transition from, or is 
        likely to enter into, conflict or civil strife.
            ``(2) Additional use of assistance.--The Coordinator may 
        use such assistance for activities related to the design, 
        preparation, and deployment of capabilities, including program 
        management capabilities, with respect to such operations, and 
        for administrative costs of United States Government agencies 
        that execute such operations.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        for each fiscal year beginning in the fiscal year in which the 
        International Security Enhancement Act of 2005 is enacted, 
        $100,000,000 to be deposited into the Fund established under 
        subsection (a) to provide emergency financial assistance to 
        carry out stabilization and reconstruction operations in 
        accordance with subsection (c).
            ``(2) Determination.--The Secretary of State may disburse 
        funds appropriated under this subsection if the Secretary 
        determines that such is in the national interest of the United 
        States. The Secretary shall set the terms and conditions 
        according to which any such funds shall be disbursed.
            ``(3) Replenishment.--There is authorized to be 
        appropriated for each fiscal year beginning in the fiscal year 
        in which the International Security Enhancement Act of 2005 is 
        enacted, such sums as may be necessary to be deposited into the 
        Fund to replenish amounts expended from the Fund during the 
        relevant fiscal year in connection with the provision of 
        emergency financial assistance.
            ``(4) Limitation on use.--Emergency financial assistance 
        furnished under this section may not be used to pay the salary 
        of any person who is an officer or employee of the United 
        States Government.
            ``(5) Availability.--Funds appropriated under this 
        subsection shall remain available until expended.
    ``(e) 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 or regions that 
        are in, are in transition from, or are likely to enter into, 
        conflict or civil strife for which amounts have been expended 
        from the Fund to provide emergency financial assistance to 
        carry out stabilization and reconstruction operations;
            ``(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 the Coordinator 
        for Reconstruction and Stabilization carry out the 
        stabilization and reconstruction operations in such countries; 
        and
            ``(5) such other information as the President considers 
        necessary and appropriate.''.

SEC. 104. AUTHORIZATIONS OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act, including such sums as may be 
necessary to pay the salaries, overhead, travel, per diem, and related 
costs associated with establishing and operating the Office of the 
Coordinator for Stabilization and Reconstruction under section 61 of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et 
seq.), as added by section 102.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. 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. 202. 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.
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