[House Report 113-226]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-226
======================================================================
DEPARTMENT OF STATE OPERATIONS AND EMBASSY SECURITY AUTHORIZATION ACT,
FISCAL YEAR 2014
_______
September 25, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Royce, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2848]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 2848) to authorize appropriations for the Department
of State for fiscal year 2014, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Summary and Purpose.............................................. 15
Background and Need for Legislation.............................. 15
Hearings......................................................... 17
Committee Consideration.......................................... 17
Committee Oversight Findings..................................... 18
New Budget Authority, Tax Expenditures, and Federal Mandates..... 18
Congressional Budget Office Cost Estimate........................ 18
Directed Rule Making............................................. 24
Non-Duplication of Federal Programs.............................. 24
General Performance Goals and Objectives......................... 24
Congressional Accountability Act................................. 24
New Advisory Committees.......................................... 24
Earmark Identification........................................... 24
Section-by-Section Analysis...................................... 25
Changes in Existing Law Made by the Bill, as Reported............ 31
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State Operations and
Embassy Security Authorization Act, Fiscal Year 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appropriate congressional committees defined.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Administration of foreign affairs.
Sec. 102. Contributions to international organizations.
Sec. 103. Contributions for international peacekeeping activities.
Sec. 104. International commissions.
Sec. 105. National Endowment for Democracy.
Sec. 106. Prohibition on use of funds relating to Federal Acquisition
Regulation.
Sec. 107. Prohibition on use of funds relating to security and training
facility.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Recouping costs of international dispute arbitration.
Sec. 202. Foreign Service Act of 1980.
Sec. 203. Center for strategic counterterrorism communications of the
Department of State.
Sec. 204. Anti-piracy information sharing.
Subtitle B--Consular Services and Related Matters
Sec. 211. Extension of authority to assess passport surcharge.
Sec. 212. Border crossing card fee for minors.
Sec. 213. Authority to restrict passports.
Subtitle C--Reporting Requirements
Sec. 221. Reporting reform.
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
Sec. 301. Suspension of foreign service members without pay.
Sec. 302. Repeal of recertification requirement for senior foreign
service.
Sec. 303. Limited appointments in the foreign service.
Sec. 304. Limitation of compensatory time off for travel.
Sec. 305. Department of State organization.
Sec. 306. Overseas comparability pay limitation.
TITLE IV--EMBASSY SECURITY AND PERSONNEL PROTECTION
Subtitle A--Review and Planning Requirements
Sec. 411. Designation of high risk, high threat posts and working
groups.
Sec. 412. Contingency plans for high risk, high threat posts.
Sec. 413. Strategic review of Bureau of Diplomatic Security.
Sec. 414. Revision of provisions relating to personnel recommendations
of Accountability Review Board.
Subtitle B--Physical Security and Personnel Requirements
Sec. 421. Capital security cost sharing program.
Sec. 422. Local guard contracts abroad under diplomatic security
program.
Sec. 423. Transfer authority.
Sec. 424. Security enhancements for soft targets.
Sec. 425. Reemployment of annuitants.
Sec. 426. Sense of Congress regarding minimum security standards for
temporary United States diplomatic and consular posts.
Sec. 427. Assignment of personnel at high risk, high threat posts.
Sec. 428. Bureau of Diplomatic Security mobile biometric enrollment
program.
Subtitle C--Security Training
Sec. 431. Security training for personnel assigned to high risk, high
threat posts.
Sec. 432. Report to Congress.
Subtitle D--Expansion of the Marine Corps Security Guard Detachment
Program
Sec. 441. Marine Corps Security Guard Program.
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as otherwise provided in this Act, the term ``appropriate
congressional committees'' means the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to
carry out the authorities, functions, duties, and responsibilities in
the conduct of foreign affairs of the United States, and for other
purposes authorized by law:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', $8,481,854,000 for fiscal year 2014.
(A) Bureau of democracy, human rights, and labor.--Of
such amounts, not less than $26,839,000 for fiscal year
2014 is authorized to be appropriated for the Bureau of
Democracy, Human Rights and Labor.
(B) Worldwide security protection.--Of such amounts,
not less than $2,182,135,000 for fiscal year 2014 is
authorized to be appropriated for worldwide security
protection.
(2) Capital investment fund.--For ``Capital Investment
Fund'', $76,900,000 for fiscal year 2014.
(3) Educational and cultural exchange programs.--For
``Educational and Cultural Exchange Programs'', $535,000,000
for fiscal year 2014, of which funding for educational and
cultural programs that occur in countries or regions that are
at risk of, in, or are in transition from, conflict or civil
strife should be prioritized.
(4) Conflict stabilization operations.--
(A) In general.--For ``Conflict Stabilization
Operations'', $45,207,000 for fiscal year 2014.
(B) Transfer.--Subject to subparagraph (C) of this
paragraph, of the amount authorized to be appropriated
pursuant to paragraph (1), up to $35,000,000 is
authorized to be transferred to, and merged with, the
amount specified in subparagraph (A) of this paragraph.
(C) Notification.--If the Secretary of State
exercises the transfer authority described in
subparagraph (B), the Secretary shall notify the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(5) Representation allowances.--For ``Representation
Allowances'', $6,933,000 for fiscal year 2014.
(6) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $27,750,000
for fiscal year 2014.
(7) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'',
$9,073,000 for fiscal year 2014.
(8) Repatriation loans.--For ``Repatriation Loans'',
$1,374,000 for fiscal year 2014.
(9) Payment to the american institute in taiwan.--
(A) In general.--For ``Payment to the American
Institute in Taiwan'', $21,778,000 for fiscal year
2014.
(B) Transfer.--Subject to subparagraph (C) of this
paragraph, of the amount authorized to be appropriated
pursuant to paragraph (1), up to $15,300,000 is
authorized to be transferred to, and merged with, the
amount specified in subparagraph (A) of this paragraph.
(C) Notification.--If the Secretary of State
exercises the transfer authority described in
subparagraph (B), the Secretary shall notify the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(10) Office of the inspector general.--For ``Office of the
Inspector General'', $119,056,000 for fiscal year 2014,
including for the Special Inspector General for Iraq
Reconstruction and the Special Inspector General for
Afghanistan Reconstruction, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) as
such section relates to the inspection of the administration of
activities and operations of each Foreign Service post.
(11) International chancery center.--For ``International
Chancery Center (ICC)'', $5,450,000 for fiscal year 2014.
(12) Embassy security, construction and maintenance.--For
``Embassy Security, Construction and Maintenance'',
$2,649,351,000 for fiscal year 2014.
SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
There are authorized to be appropriated for ``Contributions to
International Organizations'', $1,400,000,000 for fiscal year 2014, for
the Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs of
the United States with respect to international organizations and to
carry out other authorities in law consistent with such purposes. The
Secretary shall notify the appropriate congressional committees not
less than fifteen days prior to obligating funds authorized under this
section to implement or establish any principle commission or
organization required by a treaty that has not been ratified by the
Senate.
SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
There are authorized to be appropriated for ``Contributions for
International Peacekeeping Activities'', $1,942,000,000 for fiscal year
2014 for the Department of State to carry out the authorities,
functions, duties, and responsibilities of the United States with
respect to international peacekeeping activities and to carry out other
authorities in law consistent with such purposes, except that such
amounts may not be used to support any United Nations Unmanned Aerial
Systems (drone) activities or missions operating in United States
airspace, including United States territories and possessions.
Notwithstanding any other provision of law, funds authorized to be
appropriated under this section are authorized to remain available
until September 30, 2015.
SEC. 104. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $44,722,000 for
fiscal year 2014; and
(B) for ``Construction'', $31,400,000 for fiscal year
2014.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $2,449,000 for fiscal year 2014.
(3) International joint commission.--For ``International
Joint Commission'', $7,012,000 for fiscal year 2014.
(4) International fisheries commissions.--For ``International
Fisheries Commissions'', $31,445,000 for fiscal year 2014.
(5) Border environment cooperation commission.--For ``Border
Environment Cooperation Commission'', $2,386,000 for fiscal
year 2014.
SEC. 105. NATIONAL ENDOWMENT FOR DEMOCRACY.
There are authorized to be appropriated for the ``National Endowment
for Democracy'' for authorized activities $117,764,000 for fiscal year
2014.
SEC. 106. PROHIBITION ON USE OF FUNDS RELATING TO FEDERAL ACQUISITION
REGULATION.
No funds under this Act are authorized to be appropriated to enter
into a contract with any offeror or any of its principals if the
offeror certifies, pursuant to the Federal Acquisition Regulation, that
the offeror or any of its principals--
(1) within a three-year period preceding this offer has been
convicted of or had a civil judgment rendered against it for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation
of Federal or State antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property; or
(2) are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated in paragraph (1); or
(3) within a three-year period preceding this offer, has been
notified of any delinquent Federal taxes in an amount that
exceeds $3,000 for which the liability remains unsatisfied.
SEC. 107. PROHIBITION ON USE OF FUNDS RELATING TO SECURITY AND TRAINING
FACILITY.
No funds under this Act are authorized to be appropriated for any new
Department of State security and training facility, including the
proposed Foreign Affairs Security Training Center, for which there is
not a completed, independent feasibility study that has been provided
to the appropriate congressional committees, verifying that safety and
security training for all Department personnel who require such
training cannot reasonably be provided at the existing Federal Law
Enforcement Training Facility.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 201. RECOUPING COSTS OF INTERNATIONAL DISPUTE ARBITRATION.
Paragraph (3) of section 38(d) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2710(d)) is amended by striking ``by
the Department of State from another agency of the United States
Government or pursuant to'' and inserting ``by the Department of State
as a result of a decision of an international tribunal, from another
agency of the United States Government, or pursuant to''.
SEC. 202. FOREIGN SERVICE ACT OF 1980.
Section 501 of the Foreign Service Act of 1980 (22 U.S.C. 3981) is
amended by inserting ``If a position designated under this section is
unfilled for more than one single assignment cycle, such position shall
be filled, as appropriate, on a temporary basis, in accordance with
section 303 or 309.'' after ``Positions designated under this section
are excepted from the competitive service.''.
SEC. 203. CENTER FOR STRATEGIC COUNTERTERRORISM COMMUNICATIONS OF THE
DEPARTMENT OF STATE.
(a) Statement of Policy.--As articulated in Executive Order 13584,
issued on September 9, 2011, it is the policy of the United States to
actively counter the actions and ideologies of al-Qa'ida, its
affiliates and adherents, other terrorist organizations, and violent
extremists overseas that threaten the interests and national security
of the United States.
(b) Establishment of Center for Strategic Counterterrorism
Communications.--There is authorized to be established within the
Department of State, under the direction of the Secretary of State, the
Center for Strategic Counterterrorism Communications (in this section
referred to as the ``CSCC'').
(c) Mission.--The CSCC may coordinate, orient, and inform Government-
wide public communications activities directed at audiences abroad and
targeted against violent extremists and terrorist organizations,
especially al-Qa'ida and its affiliates and adherents.
(d) Coordinator of the Center for Strategic Counterterrorism
Communications.--The head of the CSCC should be the Coordinator. The
Coordinator of the CSCC should--
(1) report to the Under Secretary for Public Diplomacy and
Public Affairs; and
(2) collaborate with the Bureau of Counterterrorism of the
Department of State, other Department bureaus, and other United
States Government agencies.
(e) Duties.--The CSCC may--
(1) monitor and evaluate extremist narratives and events
abroad that are relevant to the development of a United States
strategic counterterrorism narrative designed to counter
violent extremism and terrorism that threaten the interests and
national security of the United States;
(2) develop and promulgate for use throughout the executive
branch the United States strategic counterterrorism narrative
developed in accordance with paragraph (1), and public
communications strategies to counter the messaging of violent
extremists and terrorist organizations, especially al-Qa'ida
and its affiliates and adherents;
(3) identify current and emerging trends in extremist
communications and communications by al-Qa'ida and its
affiliates and adherents in order to coordinate and provide
guidance to the United States Government regarding how best to
proactively promote the United States strategic
counterterrorism narrative developed in accordance with
paragraph (1) and related policies, and to respond to and rebut
extremist messaging and narratives when communicating to
audiences outside the United States;
(4) facilitate the use of a wide range of communications
technologies by sharing expertise and best practices among
United States Government and non-Government sources;
(5) identify and request relevant information from United
States Government agencies, including intelligence reporting,
data, and analysis;
(6) identify shortfalls in United States capabilities in any
areas relevant to the CSCC's mission, and recommend necessary
enhancements or changes; and
(7) establish measurable goals, performance metrics, and
monitoring and evaluation plans to focus on learning,
accountability, and policymaking.
(f) Steering Committee.--
(1) In general.--The Secretary of State may establish a
Steering Committee composed of senior representatives of United
States Government agencies relevant to the CSCC's mission to
provide advice to the Secretary on the operations and strategic
orientation of the CSCC and to ensure adequate support for the
CSCC.
(2) Meetings.--The Steering Committee should meet not less
often than once every six months.
(3) Leadership.--The Steering Committee should be chaired by
the Under Secretary of State for Public Diplomacy. The
Coordinator for Counterterrorism of the Department of State
should serve as Vice Chair. The Coordinator of the CSCC should
serve as Executive Secretary.
(4) Composition.--
(A) In general.--The Steering Committee may include
one senior representative designated by the head of
each of the following agencies:
(i) The Department of Defense.
(ii) The Department of Justice.
(iii) The Department of Homeland Security.
(iv) The Department of the Treasury.
(v) The National Counterterrorism Center of
the Office of the Director of National
Intelligence.
(vi) The Joint Chiefs of Staff.
(vii) The Counterterrorism Center of the
Central Intelligence Agency.
(viii) The Broadcasting Board of Governors.
(ix) The Agency for International
Development.
(B) Additional representation.--Representatives from
United States Government agencies not specified in
subparagraph (A) may be invited to participate in the
Steering Committee at the discretion of the Chair.
SEC. 204. ANTI-PIRACY INFORMATION SHARING.
The Secretary of State is authorized to provide for the participation
by the United States in the Information Sharing Centre located in
Singapore, as established by the Regional Cooperation Agreement on
Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP).
Subtitle B--Consular Services and Related Matters
SEC. 211. EXTENSION OF AUTHORITY TO ASSESS PASSPORT SURCHARGE.
Paragraph (2) of section 1(b) of the Act of June 4, 1920 (41 Stat.
750; chapter 223; 22 U.S.C. 214(b)), is amended by striking ``2010''
and inserting ``2016''.
SEC. 212. BORDER CROSSING CARD FEE FOR MINORS.
Section 410(a)(1)(A) of the Department of State and Related Agencies
Appropriations Act, 1999 (contained in division A of Public Law 105-
277) is amended by striking ``a fee of $13'' and inserting ``a fee
equal to one-half the fee that would otherwise apply for processing a
machine readable combined border crossing identification card and
nonimmigrant visa''.
SEC. 213. AUTHORITY TO RESTRICT PASSPORTS.
(a) In General.--The Secretary of State is authorized to--
(1) limit to one year or such period of time as the Secretary
of State shall determine appropriate the period of validity of
a passport issued to a sex offender; and
(2) revoke the passport or passport card of an individual who
has been convicted by a court of competent jurisdiction in a
foreign country of a sex offense.
(b) Limitation for Return to United States.--Notwithstanding
subsection (a), in no case shall a United States citizen convicted by a
court of competent jurisdiction in a foreign country of a sex offense
be precluded from entering the United States due to a passport
revocation under such subsection.
(c) Reapplication.--An individual whose passport or passport card was
revoked pursuant to subsection (a)(2) may reapply for a passport or
passport card at any time after such individual has returned to the
United States.
(d) Definitions.--For purposes of this section:
(1) Sex offender.--The term ``sex offender'' means an
individual who is listed on the National Sex Offender Registry
established pursuant to section 119 of the Sex Offender
Registration and Notification Act (42 U.S.C. 16915).
(2) Sex offense.--The term ``sex offense'' means a sex
offense as defined in section 111(5) of the Sex Offender
Registration and Notification Act (42 U.S.C. 16915).
Subtitle C--Reporting Requirements
SEC. 221. REPORTING REFORM.
(a) In General.--The following provisions of law are repealed:
(1) Subsections (c)(4) and (c)(5) of section 601 of Public
Law 96-465.
(2) Section 585 of Public Law 104-208.
(3) Subsections (b) and (c) of section 11 of Public Law 107-
245.
(4) Section 181 of Public Law 102-138.
(5) Section 1012(c) of Public Law 103-337.
(6) Section 527(f) of Public Law 103-236.
(7) Section 304(f) of Public Law 107-173.
(8) Section 4(b) of Public Law 79-264.
(9) Section 3202 of Public Law 106-246.
(b) Conforming Amendment.--Section 11 of Public Law 107-245 is
amended by striking ``(a) In General.--''.
(c) Report on United States Contributions to the United Nations.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the Director of
the Office of Management and Budget shall submit to Congress a
report on all assessed and voluntary contributions, including
in-kind, of the United States Government to the United Nations
and its affiliated agencies and related bodies during the
previous fiscal year.
(2) Content.--Each report required under subsection (a) shall
include the following elements:
(A) The total amount of all assessed and voluntary
contributions, including in-kind, of the United States
Government to the United Nations and its affiliated
agencies and related bodies during the previous fiscal
year.
(B) The approximate percentage of United States
Government contributions to each United Nations
affiliated agency or related body in such fiscal year
when compared with all contributions to each such
agency or body from any source in such fiscal year.
(C) For each such United States Government
contribution--
(i) the amount of the contribution;
(ii) a description of the contribution
(including whether assessed or voluntary);
(iii) the department or agency of the United
States Government responsible for the
contribution;
(iv) the purpose of the contribution; and
(v) the United Nations or its affiliated
agency or related body receiving the
contribution.
(3) Scope of initial report.--The first report required under
this subsection shall include the information required under
this section for the previous three fiscal years.
(4) Public availability of information.--Not later than 14
days after submitting a report under this subsection, the
Director of the Office of Management and Budget shall post a
public version of such report on a text-based, searchable, and
publicly available Internet Web site.
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
SEC. 301. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.
(a) Suspension.--Section 610 of the Foreign Service Act of 1980 (22
U.S.C. 4010) is amended by adding at the end the following new
subsection:
``(c)(1) In order to promote the efficiency of the Service, the
Secretary may suspend a member of the Foreign Service without pay when
the member's security clearance is suspended or when there is
reasonable cause to believe that the member has committed a crime for
which a sentence of imprisonment may be imposed.
``(2) Any member of the Foreign Service for whom a suspension is
proposed in accordance with paragraph (1) shall be entitled to--
``(A) written notice stating the specific reasons for the
proposed suspension;
``(B) a reasonable time to respond orally and in writing to
the proposed suspension;
``(C) representation by an attorney or other representative;
and
``(D) a final written decision, including the specific
reasons for such decision, as soon as practicable.
``(3) Any member suspended under this section may file a grievance in
accordance with the procedures applicable to grievances under chapter
11.
``(4) In the case of a grievance filed under paragraph (3)--
``(A) the review by the Foreign Service Grievance Board shall
be limited to a determination of whether the provisions of
paragraphs (1) and (2) have been fulfilled; and
``(B) the Foreign Service Grievance Board may not exercise
the authority provided under section 1106(8).
``(5) In this subsection:
``(A) The term `reasonable time' means--
``(i) with respect to a member of the Foreign Service
assigned to duty in the United States, 15 days after
receiving notice of the proposed suspension; and
``(ii) with respect to a member of the Foreign
Service assigned to duty outside the United States, 30
days after receiving notice of the proposed suspension.
``(B) The term `suspend' or `suspension' means the placing of
a member of the Foreign Service in a temporary status without
duties and pay.''.
(b) Conforming and Clerical Amendments.--
(1) Amendment of section heading.--Section 610 of the Foreign
Service Act of 1980, as amended by subsection (a) of this
section, is further amended, in the section heading, by
inserting ``; Suspension'' before the period at the end.
(2) Clerical amendment.--The item relating to section 610 in
the table of contents in section 2 of the Foreign Service Act
of 1980 is amended to read as follows:
``Sec. 610. Separation for cause; suspension.''.
SEC. 302. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN
SERVICE.
Subsection (d) of section 305 of the Foreign Service Act of 1980 (22
U.S.C. 3945) is repealed.
SEC. 303. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.
Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is
amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (b) or (c)'';
(2) in subsection (b)--
(A) in paragraph (3)--
(i) by inserting ``(A),'' after ``if''; and
(ii) by inserting before the semicolon at the
end the following: ``, or (B), the career
candidate is serving in the uniformed services,
as defined by the Uniformed Services Employment
and Reemployment Rights Act of 1994 (38 U.S.C.
4301 et seq.), and the limited appointment
expires in the course of such service'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding after paragraph (5) the following new
paragraph:
``(6) in exceptional circumstances where the Secretary determines the
needs of the Service require the extension of a limited appointment,
(A), for a period of time not to exceed 12 months (if such period of
time does not permit additional review by boards under section 306), or
(B), for the minimum time needed to settle a grievance, claim, or
complaint not otherwise provided for in this section.''; and
(3) by adding at the end the following new subsection:
``(c) Non-career Foreign Service employees who have served five
consecutive years under a limited appointment may be reappointed to a
subsequent limited appointment if there is a one year break in service
between each such appointment. The Secretary may in cases of special
need waive the requirement for a one year break in service.''.
SEC. 304. LIMITATION OF COMPENSATORY TIME OFF FOR TRAVEL.
Section 5550b of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(c) The maximum amount of compensatory time off earned under this
section may not exceed 104 hours during any leave year (as defined by
regulations established by the Office of Personnel Management).''.
SEC. 305. DEPARTMENT OF STATE ORGANIZATION.
The Secretary of State may, after consultation with the appropriate
congressional committees, transfer to such other officials or offices
of the Department of State as the Secretary may determine from time to
time any authority, duty, or function assigned by statute to the
Coordinator for Counterterrorism, the Coordinator for Reconstruction
and Stabilization, or the Coordinator for International Energy Affairs.
SEC. 306. OVERSEAS COMPARABILITY PAY LIMITATION.
(a) In General.--Subject to the limitation described in subsection
(b), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904), shall
remain in effect through September 30, 2014.
(b) Limitation.--The authority described in subsection (a) may not be
used to pay an eligible member of the Foreign Service (as defined in
section 1113(b) of the Supplemental Appropriations Act, 2009) a
locality-based comparability payment (stated as a percentage) that
exceeds two-thirds of the amount of the locality-based comparability
payment (stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such member's
official duty station were in the District of Columbia.
TITLE IV--EMBASSY SECURITY AND PERSONNEL PROTECTION
Subtitle A--Review and Planning Requirements
SEC. 411. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS AND WORKING
GROUPS.
(a) In General.--Title I of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating to
diplomatic security) is amended by inserting after section 103 the
following new sections:
``SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.
``(a) Initial Designation.--Not later than 30 days after the date of
the enactment of this section, the Secretary shall submit to the
appropriate congressional committees a report, in classified form, that
contains an initial list of diplomatic and consular posts designated as
high risk, high threat posts.
``(b) Designations Before Opening or Reopening Posts.--Before opening
or reopening a diplomatic or consular post, the Secretary shall
determine if such post should be designated as a high risk, high threat
post.
``(c) Designating Existing Posts.--The Secretary shall regularly
review existing diplomatic and consular posts to determine if any such
post should be designated as a high risk, high threat post if
conditions at such post or the surrounding security environment require
such a designation.
``(d) Definitions.--In this section and section 105:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) High risk, high threat post.--The term `high risk, high
threat post' means a United States diplomatic or consular post,
as determined by the Secretary, that, among other factors, is--
``(A) located in a country--
``(i) with high to critical levels of
political violence and terrorism; and
``(ii) the government of which lacks the
ability or willingness to provide adequate
security; and
``(B) with mission physical security platforms that
fall below the Department of State's established
standards.
``SEC. 105. WORKING GROUPS FOR HIGH RISK, HIGH THREAT POSTS.
``(a) Establishment.--Before opening or reopening a high risk, high
threat post, the Secretary shall establish a working group that is
responsible for the geographic area in which such post is to be opened
or reopened.
``(b) Duties.--The duties of the working group established in
accordance with subsection (a) shall include--
``(1) evaluating the importance and appropriateness of the
objectives of the proposed post to the national security of the
United States, and the type and level of security threats such
post could encounter;
``(2) completing working plans to expedite the approval and
funding for establishing and operating such post, implementing
physical security measures, providing necessary security and
management personnel, and the provision of necessary equipment;
``(3) establishing security `tripwires' that would determine
specific action, including enhanced security measures or
evacuation of such post, based on the improvement or
deterioration of the local security environment; and
``(4) identifying and reporting any costs that may be
associated with opening or reopening such post.
``(c) Composition.--The working group should be composed of
representatives of the--
``(1) appropriate regional bureau;
``(2) Bureau of Diplomatic Security;
``(3) Bureau of Overseas Building Operations;
``(4) Bureau of Intelligence and Research; and
``(5) other bureaus or offices as determined by the
Secretary.
``(d) Congressional Notification.--Not less than 30 days before
opening or reopening a high risk, high threat post, the Secretary shall
notify the appropriate congressional committees in classified form of--
``(1) the decision to open or reopen such post; and
``(2) the results of the working group under subsection
(b).''.
(b) Conforming Amendment.--The table of contents of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 is amended by
inserting after the item relating to section 103 the following new
items:
``Sec. 104. Designation of high risk, high threat posts.
``Sec. 105. Working groups for high risk, high threat posts.''.
SEC. 412. CONTINGENCY PLANS FOR HIGH RISK, HIGH THREAT POSTS.
Section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a); relating to diplomatic
security) is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``and from complex attacks (as such
term is defined in section 416 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986),''
after ``attacks from vehicles''; and
(B) by inserting ``or such a complex attack'' before
the period at the end;
(2) in paragraph (7), by inserting before the period at the
end the following: ``, including at high risk, high threat
posts (as such term is defined in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986), including
options for the deployment of additional military personnel or
equipment to bolster security and rapid deployment of armed or
surveillance assets in response to an attack''.
SEC. 413. STRATEGIC REVIEW OF BUREAU OF DIPLOMATIC SECURITY.
(a) In General.--The Secretary of State shall complete a strategic
review of the Bureau of Diplomatic Security of the Department of State
to ensure that the mission and activities of the Bureau are fulfilling
the current and projected needs of the Department of State.
(b) Contents of Review.--The strategic review described in subsection
(a) shall include assessments of--
(1) staffing needs for both domestic and international
operations;
(2) facilities under chief of mission authority adhering to
security standards;
(3) security personnel with the necessary language skills for
assignment to overseas posts;
(4) programs being carried out by personnel with the
necessary experience and at commensurate grade levels;
(5) necessary security training provided to personnel under
chief of mission authority for expected assignments and
objectives;
(6) balancing security needs with an ability to carry out the
diplomatic mission of the Department of State;
(7) the budgetary implications of balancing multiple
missions; and
(8) how to resolve any identified deficiencies in the mission
or activities of the Bureau.
SEC. 414. REVISION OF PROVISIONS RELATING TO PERSONNEL RECOMMENDATIONS
OF ACCOUNTABILITY REVIEW BOARD.
(a) In General.--Section 304(c) of the Diplomatic Security Act (22
U.S.C. 4834(c)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``Whenever'' and inserting ``If'';
and
(B) by striking ``has breached the duty of that
individual'' and inserting ``has engaged in misconduct
or unsatisfactorily performed the duties of employment
of that individual, and such misconduct or
unsatisfactory performance has significantly
contributed to the serious injury, loss of life, or
significant destruction of property, or the serious
breach of security that is the subject of the Board's
examination as described in subsection (a)'';
(2) in paragraph (2), by striking ``finding'' each place it
appears and inserting ``findings''; and
(3) in the matter following paragraph (3)--
(A) by striking ``has breached a duty of that
individual'' and inserting ``has unsatisfactorily
performed the duties of employment of that
individual''; and
(B) by inserting ``of employment'' after
``performance of the duties''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any case of an Accountability Review Board that
is convened under section 301 of the Diplomatic Security Act (22 U.S.C.
4831) on or after the date of the enactment of this Act.
Subtitle B--Physical Security and Personnel Requirements
SEC. 421. CAPITAL SECURITY COST SHARING PROGRAM.
(a) Sense of Congress on the Capital Security Cost Sharing Program.--
It is the sense of Congress that the Capital Security Cost Sharing
Program should prioritize the construction of new facilities and the
maintenance of existing facilities at high risk, high threat posts.
(b) Restriction on Construction of Office Space.--Section 604(e)(2)
of the Secure Embassy Construction and Counterterrorism Act of 1999
(title VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865
note) is amended by adding at the end the following new sentence: ``A
project to construct a diplomatic facility of the United States may not
include office space or other accommodations for an employee of a
Federal department or agency if the Secretary of State determines that
such department or agency has not provided to the Department of State
the full amount of funding required by paragraph (1), except that such
project may include office space or other accommodations for members of
the United States Marine Corps.''.
SEC. 422. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC SECURITY
PROGRAM.
(a) In General.--Section 136 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``With respect'' and inserting ``Except as
provided in subsection (d), with respect''; and
(B) in paragraph (3), by striking ``subsection (d)''
and inserting ``subsection (e)'';
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Award of Local Guard and Protective Service Contracts for High
Risk, High Threat Posts.--With respect to any local guard contract for
a high risk, high threat post (as such term is defined in section 104
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986) that
is entered into after the date of the enactment of this subsection, the
Secretary of State--
``(1) shall comply with paragraphs (1), (2), (4), (5), and
(6) of subsection (c) in the award of such contract;
``(2) after evaluating proposals for such contract, may award
such contract to the firm representing the best value to the
Government in accordance with the best value tradeoff process
described in subpart 15.1 of the Federal Acquisition Regulation
(48 C.F.R. 6 15.101-1); and
``(3) shall ensure that contractor personnel under such
contract providing local guard or protective services are
classified--
``(A) as employees of the contractor;
``(B) if the contractor is a joint venture, as
employees of one of the persons or parties constituting
the joint venture; or
``(C) as employees of a subcontractor to the
contractor, and not as independent contractors to the
contractor or any other entity performing under such
contracts.''.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report that includes--
(1) an explanation of the implementation of subsection (d) of
section 136 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991, as amended by subsection (a)(3) of this
section; and
(2) for each instance in which an award is made pursuant to
such subsection (d) of such section 136, a written
justification providing the basis for such award and an
explanation of the inability to satisfy the needs of the
Department of State by technically acceptable, lowest price
evaluation award.
SEC. 423. TRANSFER AUTHORITY.
Section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 295)
is amended by adding at the end the following new subsections:
``(j) In addition to exercising any other transfer authority
available to the Secretary of State, and subject to subsection (k), the
Secretary may transfer to, and merge with, any appropriation for
embassy security, construction, and maintenance such amounts
appropriated for any other purpose related to the administration of
foreign affairs on or after October 1, 2013, as the Secretary
determines necessary to provide for the security of sites and buildings
in foreign countries under the jurisdiction and control of the
Secretary.
``(k) The Secretary of State shall consult with, and not later than
15 days before any transfer of funds pursuant to subsection (j) notify,
the Committees on Foreign Relations and Appropriations of the Senate
and the Committees on Foreign Affairs and Appropriations of the House
of Representatives of such transfer.''.
SEC. 424. SECURITY ENHANCEMENTS FOR SOFT TARGETS.
Section 29 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2701) is amended, in the third sentence, by inserting ``physical
security enhancements and'' after ``may include''.
SEC. 425. REEMPLOYMENT OF ANNUITANTS.
Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``to facilitate the'' and all
that follows through ``Afghanistan,''; and
(ii) by inserting before the semicolon at the
end the following: ``and, when after an
exhaustive, open, and competitive search, no
qualified, full-time, current employees
(including members of the Civil Service) of the
Department of State have been identified''; and
(B) by moving subparagraph (C) two ems to the left;
and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``2010'' and
inserting ``2018''; and
(B) in subparagraphs (B) and (C), by striking
``2009'' and inserting ``2018'' each place it appears.
SEC. 426. SENSE OF CONGRESS REGARDING MINIMUM SECURITY STANDARDS FOR
TEMPORARY UNITED STATES DIPLOMATIC AND CONSULAR
POSTS.
It is the sense of Congress that--
(1) the Overseas Security Policy Board's security standards
for United States diplomatic and consular posts should apply to
all such posts regardless of the duration of their occupancy;
and
(2) such posts should comply with requirements for attaining
a waiver or exception to applicable standards if it is in the
national interest of the United States as determined by the
Secretary of State.
SEC. 427. ASSIGNMENT OF PERSONNEL AT HIGH RISK, HIGH THREAT POSTS.
(a) In General.--The Secretary of State shall station key personnel
for sustained periods of time at high risk, high threat posts (as such
term is defined in section 104 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986, as added by section 411 of this Act) in
order to--
(1) establish institutional knowledge and situational
awareness that would allow for a fuller familiarization of the
local political and security environment in which such posts
are located; and
(2) ensure that necessary security procedures are
implemented.
(b) Quarterly Briefings.--The Secretary of State shall quarterly
brief the appropriate congressional committees on the personnel
staffing and rotation cycles at high risk, high threat posts.
SEC. 428. BUREAU OF DIPLOMATIC SECURITY MOBILE BIOMETRIC ENROLLMENT
PROGRAM.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall brief the appropriate congressional
committees regarding the mobile biometric enrollment program of the
Bureau of Diplomatic Security that includes the following:
(1) An overview of the mobile biometric enrollment program
and the Department of State's use of biometric technologies to
secure access to United States diplomatic and consular posts.
(2) An assessment of the effectiveness and uses of such
biometric technologies.
(3) An assessment of the costs, benefits, and implementation
time that would be involved in extending the mobile biometric
enrollment program initially to all high risk, high threat
posts (as such term is defined in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986, as added by
section 411 of this Act), and then to all remaining diplomatic
and consular posts.
Subtitle C--Security Training
SEC. 431. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO HIGH RISK, HIGH
THREAT POSTS.
(a) In General.--Title IV of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.; relating to
diplomatic security) is amended by adding at the end the following new
sections:
``SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A HIGH RISK,
HIGH THREAT POST.
``(a) In General.--Individuals assigned permanently to or who are in
long-term temporary duty status as designated by the Secretary at a
high risk, high threat post shall receive security training described
in subsection (b) on a mandatory basis in order to prepare such
individuals for living and working at such posts.
``(b) Security Training Described.--Security training referred to in
subsection (a)--
``(1) is training to improve basic knowledge and skills; and
``(2) may include--
``(A) an ability to recognize, avoid, and respond to
potential terrorist situations, including a complex
attack;
``(B) conducting surveillance detection;
``(C) providing emergency medical care;
``(D) ability to detect the presence of improvised
explosive devices;
``(E) minimal firearms proficiency; and
``(F) defensive driving maneuvers.
``(c) Effective Date.--The requirements of this section shall take
effect upon the date of the enactment of this section.
``(d) Definitions.--In this section and sections 417 and 418:
``(1) Complex attack.--The term `complex attack' has the
meaning given such term by the North Atlantic Treaty
Organization as follows: `An attack conducted by multiple
hostile elements which employ at least two distinct classes of
weapon systems (i.e., indirect fire and direct fire, improvised
explosive devices, and surface to air fire).'.
``(2) High risk, high threat post.--The term `high risk, high
threat post' has the meaning given such term in section 104.
``SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS ASSIGNED TO A
HIGH RISK, HIGH THREAT POST.
``(a) In General.--Officials described in subsection (c) who are
assigned to a high risk, high threat post shall receive security
training described in subsection (b) on a mandatory basis in order to
improve the ability of such officials to make security-related
management decisions.
``(b) Security Training Described.--Security training referred to in
subsection (a) may include--
``(1) development of skills to better evaluate threats;
``(2) effective use of security resources to mitigate such
threats; and
``(3) improved familiarity of available security resources.
``(c) Officials Described.--Officials referred to in subsection (a)
are--
``(1) members of the Senior Foreign Service appointed under
section 302(a)(1) or 303 of the Foreign Service Act of 1980 (22
U.S.C. 3942(a)(1) and 3943) or members of the Senior Executive
Service (as such term is described in section 3132(a)(2) of
title 5, United States Code);
``(2) Foreign Service officers appointed under section
302(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3942(a)(1)) holding a position in classes FS-1, FS-2, or FS-3;
``(3) Foreign Service Specialists appointed by the Secretary
under section 303 of the Foreign Service Act of 1980 (22 U.S.C.
3943) holding a position in classes FS-1, FS-2, or FS-3; and
``(4) individuals holding a position in grades GS-13, GS-14,
or GS-15.
``(d) Effective Date.--The requirements of this section shall take
effect beginning on the date that is one year after the date of the
enactment of this section.
``SEC. 418. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY PERSONNEL
ASSIGNED TO HIGH RISK, HIGH THREAT POST.
``(a) In General.--Diplomatic security personnel assigned permanently
to or who are in long-term temporary duty status as designated by the
Secretary at a high risk, high threat post should receive language
training described in subsection (b) in order to prepare such personnel
for duty requirements at such post.
``(b) Language Training Described.--Language training referred to in
subsection (a) should prepare personnel described in such subsection
to--
``(1) speak the language at issue with sufficient structural
accuracy and vocabulary to participate effectively in most
formal and informal conversations on subjects germane to
security; and
``(2) read within an adequate range of speed and with almost
complete comprehension on subjects germane to security.''.
(b) Conforming Amendment.--The table of contents of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 is amended by
inserting after the item relating to section 415 the following new
items:
``Sec. 416. Security training for personnel assigned to a high risk,
high threat post.
``Sec. 417. Security management training for officials assigned to a
high risk, high threat post.
``Sec. 418. Language requirements for diplomatic security personnel
assigned to high risk, high threat post.''.
SEC. 432. REPORT TO CONGRESS.
Not later than 18 months after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees a report on the implementation of this subtitle.
Subtitle D--Expansion of the Marine Corps Security Guard Detachment
Program
SEC. 441. MARINE CORPS SECURITY GUARD PROGRAM.
(a) In General.--Pursuant to the responsibility of the Secretary of
State for diplomatic security under section 103 of the Diplomatic
Security Act (22 U.S.C. 4802; enacted as part of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (Public Law 99-399)), the
Secretary of State, in consultation with the Secretary of Defense,
shall conduct an annual review of the Marine Corps Security Guard
Program, including--
(1) an evaluation of whether the size and composition of the
Marine Corps Security Guard Program is adequate to meet global
diplomatic security requirements;
(2) an assessment of whether the Marine Corps security guards
are appropriately deployed among United States embassies,
consulates, and other diplomatic facilities to respond to
evolving security developments and potential threats to United
States interests abroad; and
(3) an assessment of the mission objectives of the Marine
Corps Security Guard Program and the procedural rules of
engagement to protect diplomatic personnel under the Program.
(b) Reporting Requirement.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for three years, the
Secretary of State, in consultation with the Secretary of Defense,
shall submit to the appropriate congressional committees an
unclassified report, with a classified annex as necessary, that
addresses the requirements specified in subsection (a).
Summary and Purpose
H.R. 2848, the Department of State Operations and Embassy
Security Authorization Act for Fiscal Year 2014, is the
signature annual legislation of the Committee on Foreign
Affairs. This bill provides funding for the management and
operations of the Department of State at fiscally responsible
levels, while strengthening security at our diplomatic
facilities overseas. Our embassies and personnel are targets
for those seeking to harm the United States, and more needs to
be done to ensure their safety.
Among other things, this bill advances efforts to improve
the physical infrastructure at posts overseas to comply with
the highest standards of protection; to increase training for
those responsible for guarding our compounds and personnel; to
put in place procedures that respond appropriately to threats,
reducing the chances of another attack like that suffered in
Benghazi, Libya; to review the policies and procedures of the
Bureau of Diplomatic Security; to authorize the use of ``best
value'' contracting at high risk, high threat posts; to
authorize security improvements at soft targets; and to provide
for security enhancements in line with Accountability Review
Board recommendations.
Background and Need for Legislation
As part of the annual budget cycle, the House Committee on
Foreign Affairs is responsible for providing legislative
authority and funding for agency operations. However, the last
enacted State Department authorization was H.R. 1646 in the
107th Congress, the Foreign Relations Authorization Act for
Fiscal Year 2003, which became Public Law 107-228 in September
of 2002. The lack of authorization in the intervening 11 years
has eroded Congressional oversight and the ability of the
Committee on Foreign Affairs to exercise its jurisdiction over
the Department of State and other International Affairs
agencies.
This year's bill focuses on authorizing the Department of
State's core accounts, covering basic operations such as
salaries and building maintenance. The protection and security
of U.S. facilities and personnel overseas must be key
priorities of the Department and, as such, they figure
prominently in this year's bill.
Embassy Security
The September 11, 2012 terrorist attacks on the U.S.
special mission compound and annex in Benghazi, Libya claimed
the lives of four dedicated Americans and yet again highlighted
the potential vulnerability of our facilities and personnel
overseas. The subsequent Accountability Review Board (ARB)
report cited numerous security deficiencies and made 29 key
recommendations across six core areas: 1) overarching security
considerations; 2) staffing high risk, high threat posts; 3)
training and awareness; 4) security and fire safety equipment;
5) intelligence and threat analysis; and, 6) personnel
accountability.
The House Committee on Foreign Affairs considered the
recommendations of the ARB in the context of the global threats
to U.S. facilities and personnel overseas. As the ARB report
stated:
``The Benghazi attacks took place against a backdrop
of significantly increased demands on U.S. diplomats to
be present in the world's most dangerous places to
advance American interests and connect with populations
beyond capitals, and beyond host governments' reach.
With State Department civilians at the forefront of
U.S. efforts to stabilize and build capacity in Iraq,
as the U.S. military draws down in Afghanistan, and
with security threats growing in volatile environments
where the U.S. military is not present--from Peshawar
to Bamako--the Bureau of Diplomatic Security (DS) is
being stretched to the limit as never before.
``The Benghazi attacks also took place in a context
in which the global terrorism threat as most often
represented by al Qaeda (AQ) is fragmenting and
increasingly devolving to local affiliates and other
actors who share many of AQ's aims, including violent
anti-Americanism, without necessarily being organized
or operated under direct AQ command and control. This
growing, diffuse range of terrorist and hostile actors
poses an additional challenge to American security
officers, diplomats, development professionals and
decision-makers seeking to mitigate risk and remain
active in high threat environments without resorting to
an unacceptable total fortress and stay-at-home
approach to U.S. diplomacy.''
The ARB report concluded that ``Systemic failures and
leadership and management deficiencies at senior levels within
two bureaus of the State Department resulted in a Special
Mission security posture that was inadequate for Benghazi and
grossly inadequate to deal with the attack that took place,''
and suggested that future ARBs be empowered to recommend
disciplinary action for such leadership and management
deficiencies going forward. The ARB also said that security in
Benghazi was not viewed as a ``shared responsibility'' by the
bureaus in Washington with the task of supporting the mission,
resulting in stove-piped discussions and decisions that led to
an inadequate security posture; problems that H.R. 2848
attempts to mitigate. Additionally, the ARB recommended that
more resources be directed to addressing the security needs of
the Department. H.R. 2848 is an important and responsible
response to both these fiscal and accountability concerns, and
fully funds the Embassy Security, Construction, and Maintenance
and Worldwide Security Protection requests for fiscal year
2014.
Fiscal Responsibility
The President's FY 2014 budget request responded to the
need for greater fiscal responsibility by realizing nearly a 6%
cut from the FY 2012 level; H.R. 2848 similarly acknowledges
the need for fiscal restraint by introducing additional cost
savings and making strategic investments in the Department's
core operations. As Secretary Kerry stated in his remarks
before the House Committee on Foreign Affairs, ``we owe it to
the American people to do our part to help solve the fiscal
problems that threaten not only our future economic health but
also our standing in the global order. As such, we have
proposed necessary cuts, where it will not adversely affect our
national security, and we propose modest increases, where they
are necessary to achieve our highest priorities.''
Management Reform
The Department of State implements a broad range of U.S.
government activities and programs overseas, including the
conduct of diplomacy, efforts to combat terrorism and narcotics
trafficking, and security assistance, among others. According
to the 2010 Quadrennial Diplomacy and Development Review, the
Department is engaged in efforts to build and support a
workforce that is well-matched to the foreign affairs
challenges of the twenty-first century. Accomplishing this
objective is critical and is contingent, in part, on the
ability of the State Department to ensure that the right people
and resources are deployed to the right places at the right
time.
However, the Government Accountability Office (GAO) has
reported that the State Department faces persistent staffing
and foreign language gaps that put the Department's diplomatic
readiness at risk. Similarly, GAO found that State has
experienced difficulties hiring and training staff to operate
and maintain its new, more sophisticated embassy compounds.
While State has taken some actions in response to these
findings, more needs to be done. In an increasingly constricted
fiscal environment, State must use limited resources
effectively and efficiently.
The GAO also reported that the Department significantly
expanded its Bureau of Diplomatic Security without the benefit
of strategic planning to ensure that the bureau's missions and
activities address the Department's priority needs.
This bill addresses some of the management concerns that
have been raised by the GAO, such as requiring the Secretary of
State to fill staffing gaps on a temporary basis and to conduct
a strategic review of Diplomatic Security to ensure the needs
of the Department are met. These changes are important steps in
the process of reforming the Department as it adapts to a
rapidly changing international environment.
Hearings
During the 113th Congress, the Committee held the following
hearings related to the content of H.R. 2848:
April 17, 2013 full Committee hearing on ``Securing
U.S. Interests Abroad: The FY 2014 Foreign Affairs
Budget'' (Hon. John F. Kerry, Secretary of State, U.S.
Department of State); and
January 23, 2013 full Committee hearing on
``Terrorist Attack in Benghazi: The Secretary of
State's View'' (Hon. Hillary Rodham Clinton, Secretary
of State, U.S. Department of State).
Committee Consideration
On August 1, 2013, the Foreign Affairs Committee marked up
the bill H.R. 2848, pursuant to notice, in open session. By
unanimous consent, the Chairman called up a bipartisan package
of 11 amendments that were considered en bloc, and agreed to by
voice vote. H.R. 2848, as amended, was agreed to by voice vote,
and was ordered favorably reported to the House by unanimous
consent.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House Rule XIII, the
Committee reports that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House Rule X, are incorporated in the descriptive portions
of this report, particularly the ``Summary and Purpose,''
``Background and Need for Legislation,'' and ``Section-by-
Section Analysis'' sections.
New Budget Authority, Tax Expenditures, and Federal Mandates
In compliance with clause 3(c)(2) of House Rule XIII and
the Unfunded Mandates Reform Act (P.L. 104-4), the Committee
adopts as its own the estimate of new budget authority,
entitlement authority, tax expenditures or revenues, and
Federal mandates contained in the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 24, 2013.
Hon. Edward R. Royce, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2848, the
Department of State Operations and Embassy Security
Authorization Act, Fiscal Year 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Douglas W. Elmendorf.
Enclosure
cc:
Honorable Eliot L. Engel
Ranking Member
H.R. 2848--Department of State Operations and Embassy Security
Authorization Act, Fiscal Year 2014
As ordered reported by the House Committee on Foreign
Affairs on August 1, 2013
SUMMARY
H.R. 2848 would authorize appropriations for the Department
of State. CBO estimates that implementing the bill would have
discretionary costs of $14.6 billion over the 2014-2018 period,
assuming appropriation of the specified and estimated amounts.
CBO estimates that enacting the bill would increase direct
spending by $1 million over the 2014-2023 period and have
insignificant effects on revenues; thus, pay-as-you-go
procedures apply.
H.R. 2848 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). The bill would
impose private-sector mandates, as defined in UMRA, by
extending passport surcharges that are currently set to expire
and by authorizing the Secretary of State to restrict or revoke
passports issued to sex offenders. CBO estimates that the
aggregate cost of mandates on private entities would total
about $330 million, and thus exceed the annual threshold
established in UMRA for private-sector mandates ($150 million
in 2013, adjusted annually for inflation).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 2848 is shown in the
following table. The costs of this legislation fall within
budget functions 150 (international affairs) and 300 (natural
resources and environment).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2014-2018
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Department of State
Authorization Level 15,557 0 0 0 0 15,557
Estimated Outlays 7,783 3,146 1,624 1,310 703 14,566
Comparability Pay for Overseas Postings
Estimated Authorization Level 49 0 0 0 0 49
Estimated Outlays 26 18 5 1 * 49
Contracts for Overseas Guards
Estimated Authorization Level 0 * * 9 9 19
Estimated Outlays 0 * * 8 9 18
Security Enhancements at Overseas Schools
Estimated Authorization Level 0 * * * * 2
Estimated Outlays 0 * * * * 2
Total Changes
Estimated Authorization Level 15,606 1 1 10 10 15,627
Estimated Outlays 7,809 3,164 1,629 1,320 713 14,635
----------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding.
* = less than $500,000.
\1\In addition to the budgetary effects shown above, CBO estimates that over the 2014-2023 period, H.R. 2848
would increase direct spending by $1 million. The bill also contains provisions that would affect revenues,
but CBO estimates that those effects would be insignificant.
BASIS OF ESTIMATE
For this estimate, CBO assumes H.R. 2848 will be enacted
near the start of fiscal year 2014, that the specified and
estimated authorizations will be appropriated near the start of
each fiscal year, and that outlays will follow historical
patterns for similar and existing programs.
Spending Subject to Appropriation
Most of the bill's impact on spending subject to
appropriation would stem from specified authorizations of about
$15.6 billion in 2014 for the Department of State. Those
amounts represent a decrease of $0.2 billion (1 percent) from
the amounts provided in 2013. CBO estimates that implementing
those provisions would have discretionary costs of about $14.6
billion over the 2014-2018 period, assuming appropriation of
the specified amounts. (The remainder would be spent after
2018.)
Other provisions in the bill--primarily extending through
2014 the authority to provide comparability pay for overseas
postings--also would have discretionary costs. CBO estimates
that implementing those provisions would require appropriations
of $70 million over the 2014-2018 period, with outlays of $69
million over that period.
Department of State. The authorizations of appropriations
in the bill would cover the operating expenses and other
ongoing programs and activities of the Department of State. As
detailed below, CBO estimates that implementing those
provisions would cost about $14.6 billion over the 2014-2018
period, assuming appropriation of the specified amounts.
Operating Expenses. Section 101 would authorize the
appropriation of almost $12 billion in 2014 for the State
Department's operating expenses and programs. CBO estimates
that implementing that section would have discretionary costs
of $11 billion over the 2014-2018 period.
Contributions to International Organizations and
Commissions. Sections 102, 103, and 104 would authorize the
appropriation of about $3.5 billion in 2014 for contributions
to international organizations and international peacekeeping
activities and for various international commissions. In total,
CBO estimates that implementing those provisions would result
in discretionary costs of about $3.5 billion over the 2014-2018
period.
National Endowment for Democracy. Section 105 would
authorize the appropriation of $0.1 billion in 2014 for the
National Endowment for Democracy. CBO estimates that
implementing that provision would have discretionary costs of
$0.1 billion over the 2014-2018 period.
Comparability Pay for Overseas Postings. Section 306 would
increase compensation for Foreign Service Officers (FSOs) who
are not members of the Senior Foreign Service and are posted
overseas. Under current law, FSOs based in the United States
receive comparability pay in addition to their base pay, to
reduce the disparity between federal and nonfederal workers.
Under current law, FSOs who are posted overseas receive two-
thirds of that comparability pay, but that authority expires in
2013. The bill would extend that authority through 2014.
Over 85 percent of FSOs work for the Department of State.
Amounts authorized under the bill for the department's
operating expenses include the cost of providing comparability
pay in 2014. Thus, CBO's estimate for this provision only
addresses additional pay for FSOs employed by the U.S. Agency
for International Development (USAID) and other agencies.
According to USAID and the American Foreign Service
Association, roughly 1,950 FSOs are currently posted overseas
by agencies other than the Department of State. Those
individuals have an average basic pay (without comparability
pay) of about $89,000. In comparison, FSOs of an equivalent
rank posted in Washington, D.C., have an average basic pay,
including comparability pay, of about $110,555, a difference of
24 percent. Comparability pay as a percent of base pay has not
increased since 2010, and CBO expects that it will remain at 24
percent in 2014. Thus, after accounting for inflation, CBO
estimates that providing two-thirds of such comparability pay
for overseas postings would require additional appropriations
of $29 million in 2014.
That increase in pay also would lead to an increase in
other benefits paid to FSOs, such as life insurance, hardship
pay, and danger pay. According to the Department of State,
those types of compensation have historically averaged 71
percent of basic pay. Therefore, CBO estimates that under the
bill, in 2014, the department would require additional
appropriations of about $20 million for other compensation, for
a total requirement of $49 million that year. Assuming
appropriation of the necessary amounts, CBO estimates that
discretionary costs for implementing this section would total
$49 million over the 2014-2018 period. (Section 306 would not
increase retirement benefits, because FSOs who retire from
overseas postings have their annuities calculated as though
their official duty station had been Washington, D.C.)
Contracts for Overseas Guards. Section 422 would expand the
department's authority to hire local guards under more flexible
contracts (known as ``best-value'') at overseas posts that face
significant security threats. Best-value contracts allow the
department to consider past performance, expertise, and other
factors in addition to price. In most cases under current law,
the department must accept the lowest bid that meets all
technical criteria; however, it has limited authority to accept
best-value contracts in Iraq and Afghanistan.
Based on information provided by the department, CBO
estimates that under this provision five high-threat posts
would become eligible for best-value contracts when their
existing contracts expire--one in 2014 and four in 2017. The
total value of the existing five-year contracts for those posts
is more than $115 million. Based on the department's experience
with best-value contracts, CBO estimates that new contracts at
those posts would cost 40 percent more than existing ones, or
about $9 million a year after all five contracts are phased in.
CBO estimates that the department would require appropriations
of less than $500,000 each year in 2014, 2015, and 2016 to pay
for the one post that would convert in 2014 (costs in 2014
would be covered by specified authorizations in title I) and $9
million each year in 2017 and 2018 (four posts would convert in
2017). Assuming appropriation of the necessary amounts, CBO
estimates that implementing this section would have
discretionary costs of $18 million over the 2014-2018 period.
Security Enhancements at Overseas Schools. Section 424
would allow the department to pay for security enhancements at
schools used by the children of U.S. diplomats posted overseas.
Based on information provided by the department, CBO estimates
that the department would spend less than $500,000 each year,
for a cost of $2 million over the 2014-2018 period, assuming
the availability of appropriated funds.
Direct Spending and Revenues
The bill contains provisions that would, on net, increase
direct spending by $1 million over the 2014-2023 period, and
would have insignificant effects on revenues.
International Litigation Fund. Section 201 would allow the
State Department's International Litigation Fund to retain and
spend awards of costs and attorney's fees that result from
decisions by international tribunals in cases successfully
defended by the department. Under current law, those amounts
are deposited in the Treasury as miscellaneous receipts. Based
on information from the department, CBO estimates that the
additional spending would be less than $500,000 each year but
total $1 million over the 2014-2023 period.
Consular Fees. Two sections in title II would affect the
State Department's authority to collect and spend certain
consular fees. Because the department is authorized to spend
such collections, those sections would have no significant net
impact on the deficit.
Section 211 would extend through 2016 a surcharge on
passport and passcard fees; those surcharges are scheduled to
expire in 2013. Adult applicants currently pay a $22 surcharge
for passports and passcards while minors pay $22 for a passport
and $15 for a passcard. Each year over the 2014-2016 period,
the department expects to issue more than 13 million passports
to adults and minors, 1.5 million passcards to adults, and
about 450,000 passcards to minors. Based on that information,
CBO estimates the department would collect and spend an
additional $330 million each year over that same period.
Section 212 would permanently increase the cost of a border
crossing card (BCC) for minors from Mexico. Under current law,
the BCC fee for minors is $15. The department retains $13 and
remits $2 to the Treasury. The bill would raise that fee to
equal half the fee for machine-readable visas (currently $160).
The dollar amount of the fee deposited as revenues would be
unchanged. Based on information from the department, CBO
estimates that it would collect an additional $65 on roughly
450,000 BCCs each year, for a total of $29 million, and would
spend roughly the same amount.
Passports for Sex Offenders. Section 213 would authorize
the Secretary of State to restrict or revoke the passport or
passcard of an individual who has been convicted of a sex
offense overseas. Those individuals would remain eligible to
reapply for a new passport or passcard. Because some passport
and passcard fees are remitted to the Treasury, enacting this
provision would increase revenues; however, CBO estimates that
very few people would be affected and that any budgetary
effects would be insignificant.
PAY-AS-YOU-GO CONSIDERATIONS
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
direct spending or revenues. Enacting H.R. 2848 would increase
direct spending by allowing the department to retain and spend
awards of costs and attorney's fees that are currently
deposited in the Treasury as miscellaneous receipts. CBO
estimates that additional spending would be less than $500,000
each year and total $1 million over the 2014-2023 period.
Enacting H.R. 2848 also would affect direct spending by
increasing certain consular fees. Because those amounts would
be spent without further appropriation, the net effect of those
changes would be insignificant. Finally, enacting the bill
would increase revenues from passport fees; however, CBO
estimates very few people would be affected and those effects
would be insignificant.
CBO Estimate of Pay-As-You-Go Effects for H.R. 2848 as ordered reported by the House Committee on Foreign Affairs on August 1, 2013
By Fiscal Year, in Millions of Dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact 0 0 0 0 0 0 0 0 0 0 0 0 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 2848 contains no intergovernmental mandates as defined
in UMRA and would not affect the budgets of state, local, or
tribal governments.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R. 2848 would impose private-sector mandates, as defined
in UMRA, on individuals who apply for passports or passcards
and on some individuals who have been convicted of or
adjudicated for certain sex offenses. CBO estimates that the
aggregate direct costs of the mandates would total about $330
million each year over the 2014-2016 period and exceed the
annual threshold established in UMRA for private-sector
mandates ($150 million in 2013, adjusted annually for
inflation).
The bill would extend the authority of the Secretary of
State to collect a surcharge on the filing fee of each passport
or passcard application through the end of fiscal year 2016.
Because passports and passcards can only be issued by the
federal government using its sovereign power, increasing the
cost of applying for those documents would impose a mandate on
individual applicants. According to information from the
Department of State, the current surcharge is $22 for passports
or passcards and $15 for passcards obtained for minors. They
expect to issue about 15 million passports and passcards
annually over the 2014-2016 period. Based on those data, CBO
estimates that the private sector would pay additional fees
amounting to about $330 million annually over the same period.
The bill also would authorize the Secretary to restrict or
revoke passports issued to sex offenders. The Secretary would
be authorized to limit the length of time that a passport
issued to a registered sex offender is valid. In addition, the
Secretary would be authorized to revoke the passport of an
individual convicted of or adjudicated for certain sex offenses
in another country. A sex offender whose passport was revoked
for such an offense would be able to reapply for a passport
upon their return to the United States. The cost of this
mandate would be any forgone income directly related to the
loss of a passport and the cost of replacing or renewing a
passport. Because only a very small number of individuals would
likely be affected by the restrictions in the bill, CBO expects
that the cost of this mandate would be small.
The increased fee for border crossing cards would not
impose a private-sector mandate because those fees would be
paid to certain banks that are not on U.S. soil.
ESTIMATE PREPARED BY:
Federal Costs: Sunita D'Monte
Impact on State, Local, and Tribal Governments: J'nell L.
Blanco
Impact on the Private Sector: Marin Burnett
ESTIMATE APPROVED BY:
Theresa Gullo
Deputy Assistant Director for Budget Analysis
Directed Rule Making
Pursuant to clause 3(c) of House Rule XIII, as modified by
section 3(k) of H. Res. 5 during the 113th Congress, the
Committee notes that H.R. 2848 does not include any directed
rule makings.
Non-Duplication of Federal Programs
Pursuant to clause 3(c) of House Rule XIII, as modified by
section 3(j)(2) of H. Res. 5 during the 113th Congress, the
Committee states that H.R. 2848 does not establish or
reauthorize a program of the Federal Government known to be
duplicative of another Federal Program, and does not include
any program listed in any report from the Government
Accountability Office pursuant to section 21 of Public Law 111-
139, or any program related to those listed in the most recent
Catalog of Federal Domestic Assistance.
General Performance Goals and Objectives
As explained with greater specificity in the ``Background
and Purpose'' and ``Section-by-Section Analysis'' sections of
this report, the general goal of H.R. 2848 is to provide for
the efficient and secure conduct of international diplomacy by
the United States at fiscally responsible levels by, among
other things, enhancing managerial efficiency at the Department
of State, increasing strategic planning for the protection of
U.S. diplomatic facilities and personnel, and providing
necessary security enhancements for those personnel and
facilities.
Congressional Accountability Act
H.R. 2848 does not apply to the Legislative Branch.
New Advisory Committees
H.R. 2848 does not establish or authorize any new advisory
committees.
Earmark Identification
H.R. 2848 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(e), 9(f), and 9(g) of House Rule XXI.
Section-by-Section Analysis
Section 1. Short title. This section provides that the
short title of this Act is the ``Department of State Operations
and Embassy Security Authorization Act, Fiscal Year 2014.''
Section 2. Table of contents. This section provides a table
of contents for this Act.
Section 3. Appropriate congressional committees defined.
This section specifies that ``appropriate congressional
committees'' means the House Foreign Affairs Committee and the
Senate Foreign Relations Committee, unless otherwise provided.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Section 101. Administration of foreign affairs. This
section authorizes certain appropriations under the heading
``Administration of Foreign Affairs'' for Fiscal Year 2014
(``FY14''). In particular, this section provides authorization
of appropriations for the necessary expenses of the Department
of State and the Foreign Service, including: personnel costs;
worldwide security protection; information technology systems;
the construction, maintenance, and security of U.S. embassies
and overseas facilities; educational and cultural exchange
programs; conflict stabilization operations; representational
allowances; protection of foreign missions and officials;
emergencies in the diplomatic and consular service;
repatriation loans; payment to the American Institute in
Taiwan; and for the Office of the Inspector General.
Subsection (1) authorizes funding for Diplomatic and
Consular Programs (``D&CP,'' the main State salaries and
operations account). This includes providing full
appropriations for Worldwide Security Program that supports
training for security personnel, diplomats, and staff; improves
security at facilities overseas; and, improved information
security measures. Also included is authorization for the
Bureau of Democracy, Human Rights, and Labor.
Subsection (2) authorizes the Capital Investment Fund which
supports information technology upgrades that protect against
system degradation and failures.
Subsection (3) authorizes Educational and Cultural Exchange
Programs which promotes U.S. interests abroad and provides
foreign participants with unique American experiences.
Subsection (4) authorizes funding for Conflict
Stabilization Operations to respond to rapidly changing
environments that do not have significant bilateral foreign
assistance appropriations.
Subsection (5) authorizes funding for Representation
Allowances.
Subsection (6) authorizes funding for the protection of
foreign missions and officials, providing security for
diplomatic delegations and officials within New York City and
elsewhere in the United States.
Subsection (7) authorizes funding for emergencies in the
diplomatic and consular service. Funding supports the
evacuation of personnel and their families overseas.
Subsection (8) authorizes funding for the repatriation
loans program which provides emergency loans to assist
destitute Americans abroad who have no other source of funds to
return to the United States. Cases typically include Americans
stranded abroad because of theft, illness, or in need of
serious medical attention.
Subsection (9) authorizes funding for the American
Institute in Taiwan, and permits the Department to transfer
sufficient funding to compensate for the loss of visa fees.
Subsection (10) fully funds the Office of the Inspector
General.
Subsection (11) authorizes funding for the International
Chancery Center to be established on the grounds of the former
Walter Reed Army Medical Center. Funding will support facility
remodeling, repairs, and site security.
Subsection (12) authorizes funding for embassy security,
construction, and maintenance, including capital cost sharing
(see Title IV)--funds used for the planning, design, and
construction of new compounds (including the new consulate
compound in Erbil, Iraq) in countries where current facilities
do not meet security standards. This section would authorize
appropriations for leasing embassy residence work space;
maintenance of existing facilities; and facility security
upgrades, such as blast resistant doors/windows and
retrofitting for protection against chemical-biological
attacks.
Section 102. Contributions to International Organizations.
Funding is authorized for U.S. assessed contributions to
international organizations of which the United States is a
member.
Section 103. Contributions for International Peacekeeping
Activities. This section authorizes appropriations for
international peacekeeping operations, including activities in
Mali, and for advancing our national security interests around
the globe through assessed contributions.
Section 104. International Commissions. This section
authorizes funding for several International Commissions
including: 1) International Boundary and Water Commission,
United States and Mexico; 2) International Boundary Commission,
United States and Canada; 3) International Joint Commission; 4)
International Fisheries Commissions; and, 5) Border Environment
Cooperation Commission. Funding enables the U.S. to meet its
obligations as a participant in these international
commissions.
Section 105. National Endowment for Democracy. Full funding
is authorized for the National Endowment for Democracy (NED).
The NED helps develop and fund key initiatives of non-
governmental organizations that foster independent media, human
rights, and other essential democratic institutions, values,
and processes.
Section 106. Prohibition on use of funds relating to
Federal Acquisition Regulation. This section prohibits funding
authorized in this Act to be awarded to any offeror or its
principals that has been convicted or had a civil judgment
rendered against it in the previous three years for commission
of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State,
or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers;
or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, tax evasion, violating Federal criminal tax laws,
or receiving stolen property. This prohibition extends to
include those presently indicted for, or otherwise criminally
or civilly charged by a governmental entity with, commission of
any of these offenses enumerated above as well as those that
have been notified of any delinquent Federal taxes in an amount
that exceeds $3,000 for which liability remains unsatisfied.
Section 107. Prohibition on use of funds relating to
security and training facility. This section prohibits the use
of funds authorized in this Act for the proposed Foreign
Affairs Security Training Center until there has been a
completed, independent (non-State Department) feasibility study
presented to the appropriate Congressional committees. This
feasibility study must include a cost comparison between
building a new facility and using the existing Federal Law
Enforcement Training Facility.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Section 201. Recouping Costs of International Dispute
Arbitration. This section corrects an oversight in the Fiscal
Year 2003 Foreign Relations Authorization Act to replenish the
International Litigation Fund (which is used to defray the
expenses of the United States in major international litigation
before international tribunals, such as trade arbitrations), by
allowing the Department to retain a small percentage of the
awards received for international claims successfully
prosecuted by the Department (rather than having to re-
capitalize the ILF with U.S. taxpayer funds). This revision
also allows the fund to be replenished from cases where the
Department has successfully defended the U.S. and been awarded
costs and attorneys' fees.
Section 202. Foreign Service Act of 1980. This section
requires that Foreign Service positions that have been vacant
for more than one ``bidding cycle'' be filled using a
competitive process open to members of the Civil Service. The
positions would continue to be designated as Foreign Service
positions and be filled only on a temporary basis. The
Government Accountability Office (GAO-12-721) found that close
to 28 percent of all overseas posts are either unfilled or
filled by Foreign Service Officers who are at least one grade
lower than the position they are filling.
Section 203. Center for Strategic Counterterrorism
Communications of the Department of State. This section
provides express Congressional authorization for the Center for
Strategic Counterterrorism Communications (hereinafter
``CSCC''). This interagency initiative and its operations were
institutionalized within the Executive branch by Executive
Order 13584. The CSCC works to coordinate public communications
activities directed at audiences abroad and targeted against
violent extremists and terrorist organizations, and is advised
by a Steering Committee of senior representatives from relevant
U.S. agencies.
Section 204. Regional Cooperation Agreement on Combating
Piracy and Armed Robbery Against Ships in Asia (RECAAP). This
section allows the United States to accede to membership in the
Information Sharing Centre and thereby improve the ability of
the United States to share and receive information related to
combating piracy and armed robbery against ships in Asia.
Accession to the ReCAAP would also allow the United States to
be represented on the Governing Council of the Centre and to
participate in various capacity building events hosted by the
Centre. Formal membership in ReCAAP and the Centre aligns with
the U.S. government's goal of strengthening regional
organizations, signals our commitment to long-term cooperation
in this organization, and strengthens our efforts to counter
piracy and robbery at sea.
Subtitle B--Consular Services and Related Matters
Section 211. Extension of authority to assess passport
surcharge. The Passport Services Enhancement Act of 2005 (P.L.
109-167) amended the Passport Act to authorize the Secretary of
State to establish and collect a surcharge to cover the costs
of meeting the increased demand for passports as a result of
actions taken to comply with section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (P.L.
108-458) (IRTPA). This section would temporarily extend that
authority through 2015.
Section 212. Border crossing card fee for minors. This
section would change the charge for a machine-readable U.S.
border crossing ID card for Mexican children (under the age of
15) from the current flat fee of $13 (set in the FY 1999 State
appropriations bill, back when normal machine-readable visa
(MRV) fees were only $20) to a fee equal to half of the fee
that would otherwise apply today (normal MRV fees are now
around $140, due to increased border security, fraud
prevention, information systems, and consular staffing
implemented over the past decade). This would allow the
Department to recoup from those foreign applicants a greater
proportion of the actual costs incurred in providing that
service.
Section 213. Authority to restrict passports. This section
would provide the Department of State with the authority to
limit to one year the validity of a passport issued to an
identified sex-offender and to revoke the passport or passport
card of any individual who has been convicted by a court of
competent jurisdiction in a foreign country of a sex offense.
Subtitle C--Reporting Requirements
Section 221. Reporting reform. Over past decades, numerous
statutes have created specific State Department reporting
requirements without a sunset date, leading to the accretion of
costly reporting requirements that, over time, have become
duplicative (of other required reporting or readily available
information sources), irrelevant (due to changed
circumstances), and unused by Congress. This bill proposes to
repeal nine reports and revive one that previously lapsed.
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
Section 301. Suspension of Foreign Service members without
pay. This section grants the Secretary the authority to suspend
without pay a Foreign Service Officer credibly accused of a
crime. This would prevent the Department from being forced to
pay an employee who, for example, has been indicted and is
being incarcerated pending trial. At present, no administrative
action can be taken before such an employee has been convicted.
Section 302. Repeal of recertification requirement for
Senior Foreign Service. This section would repeal section
305(d) of the Foreign Service Act, which had required the
Secretary to establish a recertification requirement for
members of the Senior Foreign Service (SFS) equivalent to the
recertification process for the Senior Executive Service (SES).
The Homeland Security Act of 2002 repealed recertification
requirements for SES employees based on the assessment that
those requirements did not serve a useful purpose (while
imposing additional bureaucratic costs).
Section 303. Limited appointments in the Foreign Service.
This section amends section 309 of the Foreign Service Act of
1980 to provide new authority to extend ``limited
appointments'' in the Foreign Service. Section 309 currently
provides that limited (non-career) appointments may not exceed
5 years in duration and may not be extended or renewed except
under limited exceptions.
Section 304. Limitation of compensatory time off for
travel. This section adds a new subsection (c) to 5 U.S.C.
5550b limiting the accrual of compensatory time off for travel
status away from the employee's official duty station to a
maximum of 104 hours (13 days). This 104-hour limitation is
equivalent to standard yearly sick leave in the civil service;
currently employees are able to accrue weeks or months of paid
time off in addition to sick and annual leave.
Section 305. Department of State organization. This section
grants the Secretary discretion, after consultation with the
Committee, to transfer authorities and duties statutorily
assigned to the Coordinators for Counterterrorism,
International Energy Affairs, and Reconstruction and
Stabilization to the new bureaus covering those subjects that
were established late last year. The intent is to help
eliminate duplication and increase structural efficiency.
The Committee reaffirms its support for a provision in the
Department of Energy Organization Act (42 U.S.C. Sec. 7101 et
seq.) which makes clear that the Secretary of State exercises
primary authority for the conduct of foreign policy related to
energy and nuclear nonproliferation, and recognizes the work of
the State Department to promote U.S. foreign policy and
national security interests related to energy security.
Section 306. Overseas comparability pay limitation. This
section limits the amount of locality pay that Foreign Service
Officers are able to receive while stationed overseas, capping
pay at the two-thirds level they currently receive.
TITLE IV--EMBASSY SECURITY AND PERSONNEL PROTECTION
Title IV incorporates provisions from the Embassy Security
and Enhancement Act of 2013 (H.R. 2723) introduced by Ranking
Member Eliot A. Engel.
Subtitle A--Review and Planning Requirements
Section 411. Designation of High Risk, High Threat posts
and working groups. Requires the State Department to designate
a list of high risk, high threat posts. It also mandates the
formation of Department-wide working groups to ensure new high
risk, high threat posts have the necessary security measures
and funding. (Accountability Review Board ``ARB''
Recommendation 6)
Section 412. Contingency plans for High Risk, High Threat
posts. State and Defense Departments are directed to jointly
develop enhanced contingency plans for emergency situations,
including the rapid deployment of military resources. (ARB 1)
Section 413. Strategic review of Bureau of Diplomatic
Security. The Secretary of State shall complete a strategic
review of the Bureau of Diplomatic Security to ensure that the
mission and activities of the Bureau are fulfilling current and
projected needs. (Government Accountability Office Report 10-
156)
Section 414. Revision of provisions relating to personnel
recommendations of Accountability Review Board. In line with
the Accountability Review Board recommendations, the Secretary
of State shall complete a strategic review of the Bureau of
Diplomatic Security of the Department of State to ensure that
the mission and activities of the Bureau are fulfilling the
current and projected needs of the Department of State. The
specific areas to be addressed in this review are contained in
the legislative language.
Subtitle B--Physical Security and Personnel Requirements
Section 421. Capital Security Cost Sharing Program. The
Capital Security Cost Sharing Program is an interagency fund
contributed to by government agencies that rely on the
Department of State facilities for functions abroad. Funds are
used to build more secure facilities, especially in high risk
and high threat areas. The Department's contribution to the
fund is $1.383 billion and is accounted for as part of the
previously authorized $2.65 billion in Embassy Security,
Construction, and Maintenance (see Sec. 101, subsection 12).
Includes a Sense of Congress that the Capital Security Cost
Sharing Program should prioritize the construction of new
facilities and the maintenance of existing facilities at high
risk, high threat posts. (ARB 10)
Section 422. Local guard contracts abroad under diplomatic
security program. Authorizes the State Department to award
contracts on the basis of ``best value'' rather than lowest
price, technically acceptable in High Risk, High Threat areas
when deemed necessary. Thus, the State Department can consider
factors beyond price in making the award, such as technical
approach and past performance, when the perceived benefit
merits the additional cost. This flexibility was specifically
requested by the Secretary in testimony to the House Foreign
Affairs Committee. It is also responsive to the criticism that
local guards in Benghazi were ineffective in response to the
attack.
Section 423. Transfer authority. After notifying Congress,
the State Department is authorized to transfer administrative
funds to improve physical embassy security.
Section 424. Physical security of certain soft targets.
Improves physical security at educational facilities for
children of U.S. citizens stationed outside the U.S. who are
engaged in carrying out government activities.
Section 425. Reemployment of annuitants. Allows the
Secretary to reemploy Foreign Service annuitants in emergency
situations or when there is difficulty recruiting or retraining
qualified personnel; competitive hiring is mandated before
reemployment can be considered.
Section 426. Sense of Congress on minimum security
standards for temporary United States diplomatic and consular
posts. Sense of Congress that minimum security standards for
temporary facilities be applied to all facilities regardless of
their duration of their occupancy. (ARB 5)
Section 427. Assignment of personnel at High Risk, High
Threat posts. The State Department shall make every effort to
reduce the turnover of key personnel, including security
providers, at high risk-high threat posts. The intent is to
ensure continuity and situational awareness at dangerous posts.
The Department is required to brief Congress quarterly on
efforts made to ensure continuity. (ARB 13)
Section 428. Bureau of Diplomatic Security mobile biometric
enrollment program. Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees regarding implementation
of the mobile biological enrollment program of the Bureau of
Diplomatic Security. Mobile biometric devices are handheld
technologies capable of obtaining various biometric modalities
(for example, fingerprint, face, and iris) in order to identify
or enroll a person of interest in a database. Some mobile
devices also are capable of obtaining latent fingerprints from
crime scenes and of utilizing various card-reading
technologies. These devices can transmit biometric data to
databases via personal area networks (such as Bluetooth), local
area networks (such as Wi-Fi), wide area networks (such as
cellular networks), and mobile satellite communication systems.
The topics to be covered in the briefing are detailed in the
legislative language.
Subtitle C--Security Training
Section 431. Security training for personnel assigned to
High Risk, High Threat posts. Mandates that personnel serving
in high risk, high threat posts receive security training, such
as surveillance detection. The section also requires that
senior and mid-level officials serving in high threat posts
take security management training courses. Additionally,
diplomatic security personnel should develop the necessary
language skills before serving at high risk, high threat posts.
(ARB 15, 17)
Section 432. Report to Congress. Requires a report to
Congress on implementation of the title not later than 18
months after the date of enactment.
Subtitle D--Expansion of the Marine Corps Security Guard Detachment
Program
Section 441. Marine Corps Security Guard Program. The
Department is required to conduct an annual review of the
deployment and utilization of Marine Security Guard (MSG)
detachments. The Secretary of State, in consultation with the
Secretary of Defense, is also required to submit an annual
report of the review to the appropriate congressional
committees. The funding authorized in this bill will support 26
new MSG posts and covers salaries and associated costs for 156
new MSG personnel.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
* * * * * * *
Sec. 29. Whenever the Secretary of State determines that
educational facilities are not available, or that existing
educational facilities are inadequate, to meet the needs of
children of United States citizens stationed outside the United
States who are engaged in carrying out Government activities,
the Secretary may, in such manner as he deems appropriate and
under such regulations as he may prescribe, establish, operate,
and maintain primary schools, and school dormitories and
related educational facilities for primary and secondary
schools, outside the United States, make grants of funds for
such purposes, or otherwise provide for such educational
facilities. The authorities of the Foreign Service Buildings
Act, 1926, and of paragraphs (h) and (i) of section 3 of this
Act, may be utilized by the Secretary in providing assistance
for educational facilities. Such assistance may include
physical security enhancements and hiring, transporting, and
payment of teachers and other necessary personnel.
Notwithstanding any other provision of law, where the child of
a United States citizen employee of an agency of the United
States Government who is stationed outside the United States
attends an educational facility assisted by the Secretary of
State under this section, the head of that agency is authorized
to reimburse, or credit with advance payment, the Department of
State for funds used in providing assistance to such
educational facilities, by grant or otherwise, under this
section.
* * * * * * *
expenses relating to participation in arbitrations of certain disputes
Sec. 38. (a) * * *
* * * * * * *
(d) International Litigation Fund.--
(1) * * *
* * * * * * *
(3) Transfers of funds.--Funds received [by the
Department of State from another agency of the United
States Government or pursuant to] by the Department of
State as a result of a decision of an international
tribunal, from another agency of the United States
Government, or pursuant to the Department of State
Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C.
2661) to meet costs of preparing or prosecuting a
proceeding before an international tribunal, or a claim
by or against a foreign government or other foreign
entity, shall be credited to the ILF.
* * * * * * *
----------
FOREIGN SERVICE ACT OF 1980
* * * * * * *
Sec. 2. Table of Contents.--The table of contents for this
Act is as follows:
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 6--Promotion and Retention
* * * * * * *
[Sec. 610. Separation for cause.]
Sec. 610. Separation for cause; suspension.
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 3--Appointments
* * * * * * *
Sec. 305. Appointment to the Senior Foreign Service.--(a) * *
*
* * * * * * *
[(d) The Secretary shall by regulation establish a
recertification process for members of the Senior Foreign
Service that is equivalent to the recertification process for
the Senior Executive Service under section 3993a of title 5,
United States Code.]
* * * * * * *
Sec. 309. Limited Appointments.--(a) A limited appointment in
the Service, including an appointment of an individual who is
an employee of an agency, may not exceed 5 years in duration
and, except as provided in [subsection (b)] subsection (b) or
(c), may not be extended or renewed. A limited appointment in
the Service which is limited by its terms to a period of one
year or less is a temporary appointment.
(b) A limited appointment may be extended for continued
service--
(1) * * *
* * * * * * *
(3) as a career candidate, if (A), continued service is
determined appropriate to remedy a matter that would be
cognizable as a grievance under chapter 11, or (B), the career
candidate is serving in the uniformed services, as defined by
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (38 U.S.C. 4301 et seq.), and the limited appointment
expires in the course of such service;
(4) as a career employee in another Federal personnel system
serving in a Foreign Service position on detail from another
agency; [and]
(5) as a foreign national employee[.]; and
(6) in exceptional circumstances where the Secretary
determines the needs of the Service require the extension of a
limited appointment, (A), for a period of time not to exceed 12
months (if such period of time does not permit additional
review by boards under section 306), or (B), for the minimum
time needed to settle a grievance, claim, or complaint not
otherwise provided for in this section.
(c) Non-career Foreign Service employees who have served five
consecutive years under a limited appointment may be
reappointed to a subsequent limited appointment if there is a
one year break in service between each such appointment. The
Secretary may in cases of special need waive the requirement
for a one year break in service.
* * * * * * *
Chapter 5--Classification of Positions and Assignments
Sec. 501. Classification of Positions.--The Secretary shall
designate and classify positions in the Department and at
Foreign Service posts which are to be occupied by members of
the Service (other than by chiefs of mission and ambassadors at
large). Positions designated under this section are excepted
from the competitive service. If a position designated under
this section is unfilled for more than one single assignment
cycle, such position shall be filled, as appropriate, on a
temporary basis, in accordance with section 303 or 309.
Position classifications under this section shall be
established, without regard to chapter 51 of title 5, United
States Code, in relation to the salaries established under
chapter 4. In classifying positions at Foreign Service posts
abroad, the Secretary shall give appropriate weight to job
factors relating to service abroad and to the compensation
practices applicable to United States citizens employed abroad
by United States corporations.
* * * * * * *
Chapter 6--Promotion and Retention
* * * * * * *
Sec. 610. Separation for Cause; Suspension.--(a) * * *
* * * * * * *
(c)(1) In order to promote the efficiency of the Service, the
Secretary may suspend a member of the Foreign Service without
pay when the member's security clearance is suspended or when
there is reasonable cause to believe that the member has
committed a crime for which a sentence of imprisonment may be
imposed.
(2) Any member of the Foreign Service for whom a suspension
is proposed in accordance with paragraph (1) shall be entitled
to--
(A) written notice stating the specific reasons for
the proposed suspension;
(B) a reasonable time to respond orally and in
writing to the proposed suspension;
(C) representation by an attorney or other
representative; and
(D) a final written decision, including the specific
reasons for such decision, as soon as practicable.
(3) Any member suspended under this section may file a
grievance in accordance with the procedures applicable to
grievances under chapter 11.
(4) In the case of a grievance filed under paragraph (3)--
(A) the review by the Foreign Service Grievance Board
shall be limited to a determination of whether the
provisions of paragraphs (1) and (2) have been
fulfilled; and
(B) the Foreign Service Grievance Board may not
exercise the authority provided under section 1106(8).
(5) In this subsection:
(A) The term ``reasonable time'' means--
(i) with respect to a member of the Foreign
Service assigned to duty in the United States,
15 days after receiving notice of the proposed
suspension; and
(ii) with respect to a member of the Foreign
Service assigned to duty outside the United
States, 30 days after receiving notice of the
proposed suspension.
(B) The term ``suspend'' or ``suspension'' means the
placing of a member of the Foreign Service in a
temporary status without duties and pay.
* * * * * * *
Chapter 8--Foreign Service Retirement and Disability
subchapter i--foreign service retirement and disability system
* * * * * * *
Sec. 824. Reemployment.--(a) * * *
* * * * * * *
(g)(1) The Secretary of State may waive the application of
subsections (a) through (d) on a case-by-case basis for an
annuitant reemployed on a temporary basis, or grant authority
to the head of an Executive agency to waive the application of
subsections (a) through (d) on a case-by-case basis for an
annuitant reemployed on a temporary basis--
(A) * * *
(B) [to facilitate the assignment of persons to Iraq,
Pakistan, and Afghanistan or to posts vacated by
members of the Service assigned to Iraq, Pakistan, and
Afghanistan,] if the annuitant is employed in a
position for which there is exceptional difficulty in
recruiting or retaining a qualified employee and, when
after an exhaustive, open, and competitive search, no
qualified, full-time, current employees (including
members of the Civil Service) of the Department of
State have been identified; or
(C)(i) * * *
* * * * * * *
(2)(A) The authority of the Secretary to waive the
application of subsections (a) through (d) for an annuitant
pursuant to subparagraph (B) of paragraph (1), or to grant
authority to the head of an Executive agency to waive the
application of such subsections to an annuitant under such
subparagraph, shall terminate on October 1, [2010] 2018. An
annuitant reemployed pursuant to such authority prior to such
termination date may be employed for a period ending not later
than one year after such date.
(B) The authority of the Secretary to waive the
application of subsections (a) through (d) for an
annuitant pursuant to subparagraph (C)(i) of paragraph
(1) shall terminate on September 30, [2009] 2018.
(C) The authority of the Secretary to waive the
application of subsections (a) through (d) for an
annuitant pursuant to subparagraph (C)(ii) of paragraph
(1) shall terminate on September 30, [2009] 2018.
* * * * * * *
----------
ACT OF JUNE 4, 1920
AN ACT Making appropriations for the Diplomatic and Consular Service
for the fiscal year ending June 30, 1921.
fees for passports and vises
Section 1. (a) * * *
(b)(1) * * *
(2) The authority to collect the surcharge provided under
paragraph (1) may not be exercised after September 30, [2010]
2016.
* * * * * * *
----------
SECTION 410 OF THE DEPARTMENT OF STATE AND RELATED AGENCIES
APPROPRIATIONS ACT, 1999
(Division A of Public Law 105-277)
Sec. 410. (a)(1)(A) Notwithstanding any other provision of
law and subject to subparagraph (B), the Secretary of State and
the Attorney General shall impose, for the processing of any
application for the issuance of a machine readable combined
border crossing card and nonimmigrant visa under section
101(a)(15)(B) of the Immigration and Nationality Act, [a fee of
$13] a fee equal to one-half the fee that would otherwise apply
for processing a machine readable combined border crossing
identification card and nonimmigrant visa (for recovery of the
costs of manufacturing the combined card and visa) in the case
of any alien under 15 years of age where the application for
the machine readable combined border crossing card and
nonimmigrant visa is made in Mexico by a citizen of Mexico who
has at least one parent or guardian who has a visa under such
section or is applying for a machine readable combined border
crossing card and nonimmigrant visa under such section as well.
* * * * * * *
----------
PUBLIC LAW 96-465
AN ACT To promote the foreign policy of the United States by
strengthening and improving the Foreign Service of the United States,
and for other purposes.
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 6--Promotion and Retention
Sec. 601. Promotions.--(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
[(4) Not later than March 1, 2001, and every four years
thereafter, the Secretary of State shall submit a report to the
Speaker of the House of Representatives and to the Committee on
Foreign Relations of the Senate which shall include the
following:
[(A) A description of the steps taken and planned in
furtherance of--
[(i) maximum compatibility among agencies
utilizing the Foreign Service personnel system,
as provided for in section 203, and
[(ii) the development of uniform policies and
procedures and consolidated personnel
functions, as provided for in section 204.
[(B) A workforce plan for the subsequent five years,
including projected personnel needs, by grade and by
skill. Each such plan shall include for each category
the needs for foreign language proficiency, geographic
and functional expertise, and specialist technical
skills. Each workforce plan shall specifically account
for the training needs of Foreign Service personnel and
shall delineate an intake program of generalist and
specialist Foreign Service personnel to meet projected
future requirements.
[(5) If there are substantial modifications to any workforce
plan under paragraph (4)(B) during any year in which a report
under paragraph (4) is not required, a supplemental annual
notification shall be submitted in the same manner as reports
are required to be submitted under paragraph (4).]
* * * * * * *
----------
SECTION 585 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1997
(Title I of division A of Public Law 104-208)
[NORTH KOREA
[Sec. 585. Ninety days after the date of enactment of this
act, and every 180 days thereafter, the secretary of state, in
consultation with the secretary of defense, shall provide a
reportin a classified or unclassified form to the Committee on
Appropriations including the following information:
[(a) a best estimate on fuel used by the military forces of
the Democratic People's Republic of Korea (DPRK);
[(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the
associated costs of these activities; and
[(c) steps taken to reduce the DPRK level of forces.]
----------
PUBLIC LAW 107-245
AN ACT To facilitate famine relief efforts and a comprehensive solution
to the war in Sudan.
* * * * * * *
SEC. 11. INVESTIGATION OF WAR CRIMES.
[(a) In General.--] The Secretary of State shall collect
information about incidents which may constitute crimes against
humanity, genocide, war crimes, and other violations of
international humanitarian law by all parties to the conflict
in Sudan, including slavery, rape, and aerial bombardment of
civilian targets.
[(b) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of
State shall prepare and submit to the appropriate congressional
committees a detailed report on the information that the
Secretary of State has collected under subsection (a) and any
findings or determinations made by the Secretary on the basis
of that information. The report under this subsection may be
submitted as part of the report required under section 8.
[(c) Consultations With Other Departments.--In preparing the
report required by this section, the Secretary of State shall
consult and coordinate with all other Government officials who
have information necessary to complete the report. Nothing
contained in this section shall require the disclosure, on a
classified or unclassified basis, of information that would
jeopardize sensitive sources and methods or other vital
national security interests.]
----------
SECTION 181 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
1992 AND 1993
(Public Law 102-138)
[SEC. 181. EMPLOYMENT OF UNITED STATES CITIZENS BY CERTAIN
INTERNATIONAL ORGANIZATIONS.
[Not less than 180 days after enactment of this Act, and each
year thereafter, the Secretary of State shall submit a report
to the Congress concerning each international organization
which had a geographic distribution formula in effect on
January 1, 1991, of whether each such organization---
[(1) is taking good faith steps to increase the
staffing of United States citizens; and
[(2) has met its geographic distribution formula.]
----------
SECTION 1012 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1995
(Public Law 103-337)
[SEC. 1012. OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND AGENTS OF
THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN
INTERDICTION OF AIRCRAFT USED IN ILLICIT DRUG
TRAFICKING
[(a) * * *
* * * * * * *
[(c) Annual Report.--(1) Except as provided in paragraph (2),
not later than February 1 each year, the President shall submit
to Congress a report on the assistance provided under
subsection (b) during the preceding calendar year. Each report
shall include for the calendar year covered by such report the
following:
[(A) A list specifying each country for which a
certification referred to in subsection (a)(2) was in
effect for purposes of that subsection during any
portion of such calendar year, including the nature of
the illicit drug trafficking threat to each such
country.
[(B) A detailed explanation of the procedures
referred to in subsection (a)(2)(B) in effect for each
country listed under subparagraph (A), including any
training and other mecha- nisms in place to ensure
adherence to such procedures.
[(C) A complete description of any assistance
provided under subsection (b).
[(D) A summary description of the aircraft
interception activity for which the United States
Government provided any form of assistance under
subsection (b).
[(2) In the case of a report required to be submitted under
paragraph (1) to the congressional intelligence committees (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 401a)), the submittal date for such report shall be as
provided in section 507 of that Act.
[(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.]
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995
(Public Law 103-236)
* * * * * * *
TITLE V--FOREIGN POLICY
PART A--GENERAL PROVISIONS
* * * * * * *
SEC. 527. EXPROPRIATION OF UNITED STATES PROPERTY.
(a) * * *
* * * * * * *
[(f) Reporting Requirement.--Not later than 90 days after the
date of enactment of this Act and at the beginning of each
fiscal year thereafter, the Secretary of State shall transmit
to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate, a report
containing the following:
[(1) A list of every country in which the United
States Government is aware that a United States person
has an outstanding expropriation claim.
[(2) The total number of such outstanding
expropriation claims made by United States persons
against each such country.
[(3) The period of time in which each such claim has
been outstanding.
[(4) The status of each case and efforts made by the
United States Government and the government of the
country in which such claim has been made, to take one
or more of the steps described in subsection (a)(2).
[(5) Each project a United States Executive Director
voted against as a result of the action described in
subsection (b).]
* * * * * * *
----------
PUBLIC LAW 107-173
AN ACT To enhance the border security of the United States, and for
other purposes.
* * * * * * *
TITLE III--VISA ISSUANCE
* * * * * * *
SEC. 304. TERRORIST LOOKOUT COMMITTEES.
(a) * * *
* * * * * * *
[(f) Reports to Congress.--The Secretary of State shall
submit a report on a quarterly basis to the appropriate
committees of Congress on the status of the committees
established under subsection (a).]
* * * * * * *
----------
UNITED NATIONS PARTICIPATION ACT OF 1945
Sec. 4. (a) * * *
[(b) Annual Report on Financial Contribution.--Not later than
July 1 of each year, the Secretary of State shall submit a
report to the designated congressional committees on the extent
and disposition of all financial contributions made by the
United States during the preceding year to international
organizations in which the United States participates as a
member.]
----------
SECTION 3202 OF PUBLIC LAW 106-246
[Sec. 3202. Regional Strategy. (a) Report Required.--Not
later than 60 days after the date of the enactment of this Act,
the President shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives, a report on the
current United States policy and strategy regarding United
States counternarcotics assistance for Colombia and neighboring
countries.
[(b) Report Elements.--The report required by subsection (a)
shall address the following:
[(1) The key objectives of the United States'
counternarcotics strategy in Colombia and neighboring
countries and a detailed description of benchmarks by
which to measure progress toward those objectives.
[(2) The actions required of the United States to
support and achieve these objectives, and a schedule
and cost estimates for implementing such actions.
[(3) The role of the United States in the efforts of
the Government of Colombia to deal with illegal drug
production in Colombia.
[(4) The role of the United States in the efforts of
the Government of Colombia to deal with the insurgency
and para- military forces in Colombia.
[(5) How the strategy with respect to Colombia
relates to and affects the United States' strategy in
the neighboring coun- tries.
[(6) How the strategy with respect to Colombia
relates to and affects the United States' strategy for
fulfilling global counternarcotics goals.
[(7) A strategy and schedule for providing material,
tech- nical, and logistical support to Colombia and
neighboring coun- tries in order to defend the rule of
law and to more effectively impede the cultivation,
production, transit, and sale of illicit narcotics.
[(8) A schedule for making Forward Operating
Locations (FOL) fully operational, including cost
estimates and a descrip- tion of the potential
capabilities for each proposed location and an
explanation of how the FOL architecture fits into the
overall Strategy.]
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 55--PAY ADMINISTRATION
* * * * * * *
SUBCHAPTER V--PREMIUM PAY
* * * * * * *
Sec. 5550b. Compensatory time off for travel
(a) * * *
* * * * * * *
(c) The maximum amount of compensatory time off earned under
this section may not exceed 104 hours during any leave year (as
defined by regulations established by the Office of Personnel
Management).
* * * * * * *
----------
OMNIBUS DIPLOMATIC SECURITY AND ANTITERRORISM ACT OF 1986
* * * * * * *
Sec. 2. Table of Contents.--The table of contents for this
Act is as follows:
* * * * * * *
TITLE I--DIPLOMATIC SECURITY
* * * * * * *
Sec. 104. Designation of high risk, high threat posts.
Sec. 105. Working groups for high risk, high threat posts.
* * * * * * *
TITLE IV--DIPLOMATIC SECURITY PROGRAM
* * * * * * *
Sec. 416. Security training for personnel assigned to a high risk, high
threat post.
Sec. 417. Security management training for officials assigned to a high
risk, high threat post.
Sec. 418. Language requirements for diplomatic security personnel
assigned to high risk, high threat post.
* * * * * * *
TITLE I--DIPLOMATIC SECURITY
SEC. 101. SHORT TITLE.
Titles I through IV of this Act may be cited as the
``Diplomatic Security Act''.
* * * * * * *
SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.
(a) Initial Designation.--Not later than 30 days after the
date of the enactment of this section, the Secretary shall
submit to the appropriate congressional committees a report, in
classified form, that contains an initial list of diplomatic
and consular posts designated as high risk, high threat posts.
(b) Designations Before Opening or Reopening Posts.--Before
opening or reopening a diplomatic or consular post, the
Secretary shall determine if such post should be designated as
a high risk, high threat post.
(c) Designating Existing Posts.--The Secretary shall
regularly review existing diplomatic and consular posts to
determine if any such post should be designated as a high risk,
high threat post if conditions at such post or the surrounding
security environment require such a designation.
(d) Definitions.--In this section and section 105:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(2) High risk, high threat post.--The term ``high
risk, high threat post'' means a United States
diplomatic or consular post, as determined by the
Secretary, that, among other factors, is--
(A) located in a country--
(i) with high to critical levels of
political violence and terrorism; and
(ii) the government of which lacks
the ability or willingness to provide
adequate security; and
(B) with mission physical security platforms
that fall below the Department of State's
established standards.
SEC. 105. WORKING GROUPS FOR HIGH RISK, HIGH THREAT POSTS.
(a) Establishment.--Before opening or reopening a high risk,
high threat post, the Secretary shall establish a working group
that is responsible for the geographic area in which such post
is to be opened or reopened.
(b) Duties.--The duties of the working group established in
accordance with subsection (a) shall include--
(1) evaluating the importance and appropriateness of
the objectives of the proposed post to the national
security of the United States, and the type and level
of security threats such post could encounter;
(2) completing working plans to expedite the approval
and funding for establishing and operating such post,
implementing physical security measures, providing
necessary security and management personnel, and the
provision of necessary equipment;
(3) establishing security ``tripwires'' that would
determine specific action, including enhanced security
measures or evacuation of such post, based on the
improvement or deterioration of the local security
environment; and
(4) identifying and reporting any costs that may be
associated with opening or reopening such post.
(c) Composition.--The working group should be composed of
representatives of the--
(1) appropriate regional bureau;
(2) Bureau of Diplomatic Security;
(3) Bureau of Overseas Building Operations;
(4) Bureau of Intelligence and Research; and
(5) other bureaus or offices as determined by the
Secretary.
(d) Congressional Notification.--Not less than 30 days before
opening or reopening a high risk, high threat post, the
Secretary shall notify the appropriate congressional committees
in classified form of--
(1) the decision to open or reopen such post; and
(2) the results of the working group under subsection
(b).
* * * * * * *
TITLE III--PERFORMANCE AND ACCOUNTABILITY
* * * * * * *
SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.
(a) * * *
* * * * * * *
(c) Personnel Recommendations.--[Whenever] If a Board finds
reasonable cause to believe that an individual described in
section 303(a)(l)(B) [has breached the duty of that individual]
has engaged in misconduct or unsatisfactorily performed the
duties of employment of that individual, and such misconduct or
unsatisfactory performance has significantly contributed to the
serious injury, loss of life, or significant destruction of
property, or the serious breach of security that is the subject
of the Board's examination as described in subsection (a), the
Board shall--
(1) notify the individual concerned,
(2) transmit the [finding] findings of reasonable
cause, together with all information relevant to such
[finding] findings, to the head of the appropriate
Federal agency or instrumentality, and
(3) recommend that such agency or instrumentality
initiate an appropriate investigatory or disciplinary
action. In determining whether an individual [has
breached a duty of that individual] has
unsatisfactorily performed the duties of employment of
that individual, the Board shall take into account any
standard of conduct, law, rule, regulation, contract,
or order which is pertinent to the performance of the
duties of employment of that individual.
* * * * * * *
TITLE IV--DIPLOMATIC SECURITY PROGRAM
* * * * * * *
SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A HIGH RISK, HIGH
THREAT POST.
(a) In General.--Individuals assigned permanently to or who
are in long-term temporary duty status as designated by the
Secretary at a high risk, high threat post shall receive
security training described in subsection (b) on a mandatory
basis in order to prepare such individuals for living and
working at such posts.
(b) Security Training Described.--Security training referred
to in subsection (a)--
(1) is training to improve basic knowledge and
skills; and
(2) may include--
(A) an ability to recognize, avoid, and
respond to potential terrorist situations,
including a complex attack;
(B) conducting surveillance detection;
(C) providing emergency medical care;
(D) ability to detect the presence of
improvised explosive devices;
(E) minimal firearms proficiency; and
(F) defensive driving maneuvers.
(c) Effective Date.--The requirements of this section shall
take effect upon the date of the enactment of this section.
(d) Definitions.--In this section and sections 417 and 418:
(1) Complex attack.--The term ``complex attack'' has
the meaning given such term by the North Atlantic
Treaty Organization as follows: ``An attack conducted
by multiple hostile elements which employ at least two
distinct classes of weapon systems (i.e., indirect fire
and direct fire, improvised explosive devices, and
surface to air fire).''.
(2) High risk, high threat post.--The term ``high
risk, high threat post'' has the meaning given such
term in section 104.
SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS ASSIGNED TO A HIGH
RISK, HIGH THREAT POST.
(a) In General.--Officials described in subsection (c) who
are assigned to a high risk, high threat post shall receive
security training described in subsection (b) on a mandatory
basis in order to improve the ability of such officials to make
security-related management decisions.
(b) Security Training Described.--Security training referred
to in subsection (a) may include--
(1) development of skills to better evaluate threats;
(2) effective use of security resources to mitigate
such threats; and
(3) improved familiarity of available security
resources.
(c) Officials Described.--Officials referred to in subsection
(a) are--
(1) members of the Senior Foreign Service appointed
under section 302(a)(1) or 303 of the Foreign Service
Act of 1980 (22 U.S.C. 3942(a)(1) and 3943) or members
of the Senior Executive Service (as such term is
described in section 3132(a)(2) of title 5, United
States Code);
(2) Foreign Service officers appointed under section
302(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3942(a)(1)) holding a position in classes FS-1, FS-2,
or FS-3;
(3) Foreign Service Specialists appointed by the
Secretary under section 303 of the Foreign Service Act
of 1980 (22 U.S.C. 3943) holding a position in classes
FS-1, FS-2, or FS-3; and
(4) individuals holding a position in grades GS-13,
GS-14, or GS-15.
(d) Effective Date.--The requirements of this section shall
take effect beginning on the date that is one year after the
date of the enactment of this section.
SEC. 418. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY PERSONNEL
ASSIGNED TO HIGH RISK, HIGH THREAT POST.
(a) In General.--Diplomatic security personnel assigned
permanently to or who are in long-term temporary duty status as
designated by the Secretary at a high risk, high threat post
should receive language training described in subsection (b) in
order to prepare such personnel for duty requirements at such
post.
(b) Language Training Described.--Language training referred
to in subsection (a) should prepare personnel described in such
subsection to--
(1) speak the language at issue with sufficient
structural accuracy and vocabulary to participate
effectively in most formal and informal conversations
on subjects germane to security; and
(2) read within an adequate range of speed and with
almost complete comprehension on subjects germane to
security.
* * * * * * *
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SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM ACT OF 1999
* * * * * * *
DIVISION A--DEPARTMENT OF STATE PROVISIONS
* * * * * * *
TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES
* * * * * * *
SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.
(a) * * *
* * * * * * *
(e) Capital Security Cost Sharing.--
(1) * * *
(2) Implementation.--Implementation of this
subsection shall be carried out in a manner that
encourages right-sizing of each agency's overseas
presence. A project to construct a diplomatic facility
of the United States may not include office space or
other accommodations for an employee of a Federal
department or agency if the Secretary of State
determines that such department or agency has not
provided to the Department of State the full amount of
funding required by paragraph (1), except that such
project may include office space or other
accommodations for members of the United States Marine
Corps.
* * * * * * *
SEC. 606. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC
FACILITIES.
(a) In General.--The following security requirements shall
apply with respect to United States diplomatic facilities and
specified personnel:
(1) Threat assessment.--
(A) Emergency action plan.--The Emergency
Action Plan (EAP) of each United States mission
shall address the threat of large explosive
attacks from vehicles and from complex attacks
(as such term is defined in section 416 of the
Omnibus Diplomatic Security and Antiterrorism
Act of 1986), and the safety of employees
during such an explosive attack. Such plan
shall be reviewed and updated annually or such
a complex attack.
* * * * * * *
(7) Rapid response procedures.--The Secretary of
State shall enter into a memorandum of understanding
with the Secretary of Defense setting out rapid
response procedures for mobilization of personnel and
equipment of their respective departments to provide
more effective assistance in times of emergency with
respect to United States diplomatic facilities,
including at high risk, high threat posts (as such term
is defined in section 104 of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986), including
options for the deployment of additional military
personnel or equipment to bolster security and rapid
deployment of armed or surveillance assets in response
to an attack.
* * * * * * *
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1990 AND 1991
* * * * * * *
TITLE I--DEPARTMENT OF STATE
* * * * * * *
PART C--DIPLOMATIC IMMUNITY, RECIPROCITY, AND SECURITY
* * * * * * *
SEC. 136. INCREASED PARTICIPATION OF UNITED STATES CONTRACTORS IN LOCAL
GUARD CONTRACTS ABROAD UNDER THE DIPLOMATIC
SECURITY PROGRAM.
(a) * * *
* * * * * * *
(c) Participation of United States Contractors in Local Guard
Contracts Abroad.--[With respect] Except as provided in
subsection (d), with respect to local guard contracts for a
Foreign Service building which exceed $250,000 and are entered
into after the date of enactment of this Act, the Secretary of
State shall--
(1) * * *
* * * * * * *
(3) in evaluating proposals for such contracts, award
contracts to the technically acceptable firm offering
the lowest evaluated price, except that proposals of
United States persons and qualified United States joint
venture persons (as defined in [subsection (d)]
subsection (e)) shall be evaluated by reducing the bid
price by 10 percent;
(4) in countries where contract denomination and/or
payment in local currencies constitutes a barrier to
competition by United States firms--
(A) allow solicitations to be bid in United
States dollars; and
(B) allow contracts awarded to United States
firms to be paid in United States dollars;
(5) ensure that United States diplomatic and consular
posts assist United States firms in obtaining local
licenses and permits; and
(6) establish procedures to ensure that appropriate
measures are taken by diplomatic and consular post
management to assure that United States persons and
qualified United States joint venture persons are not
disadvantaged during the solicitation and bid
evaluation process.
(d) Award of Local Guard and Protective Service Contracts for
High Risk, High Threat Posts.--With respect to any local guard
contract for a high risk, high threat post (as such term is
defined in section 104 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986) that is entered into after the date
of the enactment of this subsection, the Secretary of State--
(1) shall comply with paragraphs (1), (2), (4), (5),
and (6) of subsection (c) in the award of such
contract;
(2) after evaluating proposals for such contract, may
award such contract to the firm representing the best
value to the Government in accordance with the best
value tradeoff process described in subpart 15.1 of the
Federal Acquisition Regulation (48 C.F.R. 6 15.101-1);
and
(3) shall ensure that contractor personnel under such
contract providing local guard or protective services
are classified--
(A) as employees of the contractor;
(B) if the contractor is a joint venture, as
employees of one of the persons or parties
constituting the joint venture; or
(C) as employees of a subcontractor to the
contractor, and not as independent contractors
to the contractor or any other entity
performing under such contracts.
[(d)] (e) Definitions.--For the purposes of this section--
(1) * * *
* * * * * * *
[(e)] (f) United States Minority Contractors.--Not less than
10 percent of the amount of funds obligated for local guard
contracts for Foreign Service buildings subject to subsection
(c) shall be allocated to the extent practicable for contracts
with United States minority small business contractors.
[(f)] (g) United States Small Business Contractors.--Not less
than 10 percent of the amount of funds obligated for local
guard contracts for Foreign Service buildings subject to
subsection (c) shall be allocated to the extent practicable for
contracts with United States small business contractors.
[(g)] (h) Limitation of Subcontracting.--With respect to
local guard contracts subject to subsection (c), a prime
contractor may not subcontract more than 50 percent of the
total value of its contract for that project.
* * * * * * *
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SECTION 4 OF THE FOREIGN SERVICE BUILDINGS ACT, 1926
Sec. 4 (a) * * *
* * * * * * *
(j) In addition to exercising any other transfer authority
available to the Secretary of State, and subject to subsection
(k), the Secretary may transfer to, and merge with, any
appropriation for embassy security, construction, and
maintenance such amounts appropriated for any other purpose
related to the administration of foreign affairs on or after
October 1, 2013, as the Secretary determines necessary to
provide for the security of sites and buildings in foreign
countries under the jurisdiction and control of the Secretary.
(k) The Secretary of State shall consult with, and not later
than 15 days before any transfer of funds pursuant to
subsection (j) notify, the Committees on Foreign Relations and
Appropriations of the Senate and the Committees on Foreign
Affairs and Appropriations of the House of Representatives of
such transfer.