Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014 (H.R. 2848; 113th Congress)

by Ed Royce

113th CONGRESS

1st Session

H. R. 2848

IN THE HOUSE OF REPRESENTATIVES

July 30, 2013

Mr. Royce (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To authorize appropriations for the Department of State for fiscal year 2014, and for other purposes.

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.
• 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.

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.

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.

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 .

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 2014is authorized to be appropriatedfor 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 2014is authorized to be appropriatedfor 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.

(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 appropriatedfor “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.

Sec. 103. Contributions for international peacekeeping activities

There are authorized to be appropriatedfor “Contributions for International Peacekeeping Activities” ,$1,942,000,000 for fiscal year 2014for 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.

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 appropriatedfor the “National Endowment for Democracy” for authorized activities$117,764,000 for fiscal year 2014.

Title II— Department of State 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 in accordance with section 303or 309, as appropriate, of the Foreign Service Act of 1980 ( 22 U.S.C. 3943 and 3949 ).” 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.

(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).

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[[Public Law 105-277|division A ofPublic 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. 221. Reporting reform

(a) In general–

The following provisions of law are repealed:

(1) Subsections (c)(4) and[[Public Law 96-465|(c)(5) of section 601 ofPublic Law 96–465 ]] .

(2) [[Public Law 104-208|Section 585 ofPublic Law 104–208 ]] .

(3) Subsections (b) and[[Public Law 107-245|(c) of section 11 ofPublic Law 107–245 ]] .

(4) [[Public Law 102-138|Section 181 ofPublic Law 102–138 ]] .

(5) [[Public Law 103-337|Section 1012(c) ofPublic Law 103–337 ]] .

(6) [[Public Law 103-236|Section 527(f) ofPublic Law 103–236 ]] .

(7) [[Public Law 107-173|Section 304(f) ofPublic Law 107–173 ]] .

(8) [[Public Law 79-264|Section 4(b) ofPublic Law 79–264 ]] .

(9) Sections 3202 and[[Public Law 106-246|3204(f) ofPublic Law 106–246 ]] .

(b) Conforming amendment–

[[Public Law 107-245|Section 11 ofPublic 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.

(d) Scope of initial report–

The first report required under subsection (a)shall include the information required under this section for the previous three fiscal years.

(e) Public availability of information–

Not later than 14 days after submitting a report under subsection (a), 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.

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 610in the table of contents in section 2 of the Foreign Service Act of 1980is 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 5550bof 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 -|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 5304of 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

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 103the 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 1986is amended by inserting after the item relating to section 103the 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. 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[[Public Law 106-113|section 1000(a)(7) ofPublic Law 106–113 ]] ;113 Stat. 1501A–453; 22 U.S.C. 4865note ) 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) Not later than 15 days before any transfer of funds pursuant to subsection (j), the Secretary of State shall 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)  ), as amended by section 306 of this Act, is further 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 411of 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. 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 417and 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..

(c) Conforming amendment–

The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986is amended by inserting after the item relating to section 415the 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.

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 -|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).