H. Rept. 113-226 - 113th Congress (2013-2014)
September 25, 2013, As Reported by the Foreign Affairs Committee

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House Report 113-226 - DEPARTMENT OF STATE OPERATIONS AND EMBASSY SECURITY AUTHORIZATION ACT, FISCAL YEAR 2014




[House Report 113-226]
[From the U.S. Government Printing 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.

           *       *       *       *       *       *       *

                              ----------                              


      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.

           *       *       *       *       *       *       *

                              ----------                              


          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.