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82–309PDF 2013

TAIWAN POLICY ACT OF 2013; AND

DEPARTMENT OF STATE OPERATIONS AND

EMBASSY SECURITY AUTHORIZATION ACT,

FISCAL YEAR 2014

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

ON

H.R. 419 and H.R. 2848

AUGUST 1, 2013

Serial No. 113–50

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ADAM KINZINGER, Illinois 

MO BROOKS, Alabama 

TOM COTTON, Arkansas 

PAUL COOK, California 

GEORGE HOLDING, North Carolina 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

STEVE STOCKMAN, Texas 

RON DESANTIS, Florida 

TREY RADEL, Florida 

DOUG COLLINS, Georgia 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

LUKE MESSER, Indiana 

ELIOT L. ENGEL, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

JUAN VARGAS, California 

BRADLEY S. SCHNEIDER, Illinois 

JOSEPH P. KENNEDY III, Massachusetts 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 419, To strengthen and clarify the commercial, cultural, and other 

relations between the people of the United States and the people of Taiwan, 

as codified in the Taiwan Relations Act, and for other purposes ..................... 2

Amendment in the nature of a substitute to H.R. 419 offered by the Honorable Ileana Ros-Lehtinen, a Representative in Congress from the State 

of Florida ........................................................................................................... 27

Amendment to the amendment in the nature of a substitute to H.R. 419 

offered by the Honorable Alan Grayson, a Representative in Congress 

from the State of Florida ................................................................................. 49

H.R. 2848, Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014 ................................................................................... 56

En block amendments to H.R. 2848 ................................................................... 98

APPENDIX 

Markup notice .......................................................................................................... 130

Markup minutes ...................................................................................................... 131

Markup summary .................................................................................................... 133

(1)

TAIWAN POLICY ACT OF 2013; AND 

DEPARTMENT OF STATE OPERATIONS AND 

EMBASSY SECURITY AUTHORIZATION ACT, 

FISCAL YEAR 2014

THURSDAY, AUGUST 1, 2013

HOUSE OF REPRESENTATIVES,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The committee met, pursuant to notice, at 10:11 a.m., in room 

2172, Rayburn House Office Building, Hon. Ed Royce (chairman of 

the committee) presiding. 

Chairman ROYCE. The committee will come to order. Pursuant to 

notice we meet today to mark up two bipartisan measures, which 

we will take up according to the procedures sent around to all 

members’ offices last night, and, without objection, all members 

may have 5 days to submit statements for the record on the bills 

and on any of the amendments. 

The Chair first calls up H.R. 419, the Taiwan Policy Act. And, 

without objection, the Ros-Lehtinen amendment in the nature of a 

substitute that was sent to your offices on Monday is made the 

pending business of the committee at this time. And, without objection, the brief Grayson amendment, 198, which is agreeable to Ms. 

Ros-Lehtinen and was provided to all members last night, is considered adopted, and the Ros-Lehtinen substitute, as amended by 

Grayson 198, will be considered base text for this markup today 

and is considered read and open for amendment at any time. 

[The information referred to follows:]

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113m CONGRESS 

1ST SESSION H.R.419 

To strengthen and clarify the commercial, cuhural, and olher relations between the people of tlle United States and the people of Taiwan, as 

rodified in the Taiwan Relations Act, and for other pUl11l1Ses. 

IN THE HOUSE OF REPRESENTATIVES 

,JANUARY 2f), 20Vl 

Ms. n08-LI']H'I'INI.]r\ (for herself, Mr. Slfmf', Mr. DIAh-TIAI,AK.'I" Mr. CONc(OLLY, and Mr. CARTER) introdncrd the following hill; which was r('-

felTed to the COlllmittee on }'oreigll Affairs, and in a<.ldition to t11e COlllmiLLee on 'Ways and Mealls, for a period to be sllbsequenUy determined 

by the Speaker, in each case for consideration of slIch provisions as fall 

within tlle jurisdiction of tlle committee concerned 

A BILL 

To strengthen and clarifY tlle commercial, cultural, and other 

relations between the people of the Ullited States and 

tlle people of Taiwan, as codified in the Taiwan Relations 

Ad, and for other purp08e8, 

1 Be d enacted by the Senate and House of1t(;'1:Jf',eSentll2 tives of the United States .+n1P·r')('II. in {;()no'Y'e:,s assem.bled, 

3 SECTION 1. SHORT TITLE. 

4 ThiR Act may be cited 3R the "Taiwan Policy Act of 

5 2013", 
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2 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The Taiwan Relations Act (Puhlic Law !)fj4 8; 22 U.S.c. :3301 et seq.), enacted in 1979, has 

5 continued for 34 years to be tIle cornerstone of 

6 United States-T1liwan relations and has served as 

7 an an~hor for pea~e and security in the vVestern Pa8 rific region. 

9 (2) The Taiwan Relations Act, in furthering the 

10 national interests of the United States in the \Vest11 ern Parific region, has mand1lted that the United 

12 States vv'ill make available to Taiwan such defense 

13 articles and defense services ill suell quantity 1lS may 

14 be necessary to enable Taiwan to maintain a suffi15 ~ient self-defense capability, thus alluvying the people 

16 of Taiwan to prefierve a peacefuL demorTatir, and 

17 prosperous way of life. 

18 (3) The future of Taiwan must be determilled 

19 in a peaceful mmmer and vv'ith the assent of the peo20 ple of Taiwan. 

21 (4) The Taiwan Relations Act declares that22 (A) peace and stability in the Western Pa23 cific area are in the politieal, security, and e~o24 nomic interestfi of the {~nited States, and are 

25 matters of international concern: 
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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

q 

.) 

(n) the United States decision to establish 

diJJlomatic relatiolls with the People's Republic 

of China rests upon the expectation that the future of Taivvan will be determined by peaceful 

means; 

(e) the United States considers any effort 

to deternune the future of Taiwan by other 

than peaceful me311S, incluclil1g by boycotts or 

embargoes, a threat to the peace and security 

of the VVesterll Pacific area and of grave COIlcern to the United States; 

(D) the United States will maintain the capacity to resist allY resort to force or other 

forms of coercion that would jeopardize the seeurity, or the soeial or eeonomie system, of the 

people 011 'l'aiwan: and 

(E) the preservation and enhancement of 

the human rights of all the people OIL Taiwan 

are reaffirmed as o11iectives of the United 

20 States. 

21 (5) In recent years rtlited States-Taiwan rela22 tions have suffered from inattention and lack of 

23 strategic visioll, thereby requiring the Congress to 

24 both clarifY United States policy toward 'l'aiwan and 
5


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4 

1 enhance its oversight role m the implementation of 

2 the Taiwan HelatioIlsAct. 

3 (fi) In itR China ::VIilitary Power Heport for 

4 2012, Taiwan's Ministry of National Defense 

5 (MND) estimated that more 1111:111 1,600 ballistie arid 

6 cruise missiles are nCflY being aimed at Taiwan by 

7 the Second Artillery Corps of the People's Hepublic 

8 of China alld otl1er e:q)elis suggest that this llumber 

9 could increase to 1,800 in the near future. 

10 (7) The anti-secessioll law, lJassed by the NaIl tional People'R CongreRR of the People'R Republic of 

12 China. was found by House Concurrent Resolution 

13 98, passed in the House of R.epl'esentatives 011 

14 ::VI arch 16, 2005, by a vote of 424-4, "to create a 

15 legal framework for possible usc of force a~!'ainst 

16 'l'aiwan" and "to provide a legal justificati011 for tlle 

17 use of force against Taiwan, altering the status quo 

18 in the region, and thus is of gnwe concern to the 

19 United StateR.". 

20 (8) The lcgi 1ll a tive requirement to make avail21 able defense articles and defense services should iu22 elude the provision of new F -16 CID aircraft and 

23 upgrades of existing F -16 AlB aircraft essential to 

24 'l'aiwan's seell ri ty. 
6


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5 

1 (9) The 2012 Department of Defense's ~\nnual 

2 R,eport to Congress on Military and Security Devel3 opments Involving the People's Repuhlic of China 

4 noted that "preparing for contingencies in the Tai5 wan Strait remaills tlle principal foeus and driver of 

6 mueh of China's military investment. In this context, 

7 over the past year, the [People's Liberation Army] 

8 eontinued to build the eapahilities and develop the 

9 doctrine it considers necessary to deter Taiwan frOTn 

10 dedaring illdependenee; to deter, delay, and deny ef11 fertive U. S. intervention in a potential crosR-Strait 

12 conflict; and to defeat Taiwan forces in the event of 

13 hostilities.". 

14 (10) The language contained in the Joint 

15 Communique of the United Statc:,:; of ~!~merica and 

16 t11e People's Republic of China, dated August 17, 

17 1982, which states in part that "arms sales to Tai18 wan will Hot exceed, either ill qualitative or in quan19 titative termR, the level of those Rupplied in recent 

20 year:,:;" shall not, to any degTce, dimini:,:;h the respon21 sibility of the r tilted States, as legislatively man22 dated in the Taiwan H,elations Act, to "make avail23 able to Taiwan such defense articles and defellse 

24 serviees in snell quantity as may be necessary to en-
7


82309b-6.eps

G 

1 able Taivvan to maintain a sufficient self-defense ca2 pability.". 

3 (11) The rnited States has Rought diplomati4 cally to preserve Taiwan's international space, deS spite outside preRsure alld eoercioll, alld has sought 

6 to secure Taiwan's meaningful participation in such 

7 international organizations as the \Vorld Health 01'-

8 gmlizatioll (WHO). 

9 (12) Given the critical importance of airport se10 curity iu a post-September 11th international envl11 ronment, the United States recorrnizeR it iR crucial 

12 for Taiwan to be admitted to meaningful participa13 tiOll in the Illternational Civil Aviation Organi:,-;atioll 

14 (ICAO) so that Taiwan ll:lay contribute to the suc15 ecss of a global strategy to address aviation security 

16 tllreats based 011 effective illternational cooperation. 

17 (13) RecogTlizing that the Taiwan Relations Act 

18 stated that it is the poliey of the United States "to 

19 preserve and promote extem,ive, ('lORe, and friendly 

20 e.ommere.ial, eultural and other relations between 

21 the people of the United States and the people on 

22 Taiwan" the Secretary of Homeland Security an23 llounced OIl Odober 2, 2012, "the designation of 

24 Taiwan into tl1e Visa Waiver Program (VWP)" with 
8


82309b-7.eps

7 

1 eligible Taiwan passport holders able to travel on the 

2 vv\"P beginning November 1, 2012, 

3 (14) The concluRion of the Economic Coopera4 tion Framework Agreement (ECFA) between Tai5 wan and the People's Republic of Cl1ina ill ,June 

6 2010 or the adoption of any other cross-Strait eco7 nomic: measures shall not diminish in auy degree the 

8 requirement contained in the Act to "mailltaill the 

9 capacity of the United States to resist any resort to 

10 £o1'ee Ol' other forms of eoel'eioll that would jeop11 ardize the Recnrity, or the Rocial or economic RYRtem, 

12 of the people on Taiwan,", 

13 (16) The theory reeently put forward in eertain 

14 academic circles that the United States sholud ac15 quiesce to China's ascendancy in Asia and put aside 

16 tlle commitments made in the 'l'aiwall t~elations Act 

17 is based upon a false premise that ignores the exam18 ple of a demoeratic Taiwan, the historic ties of 

19 friendRhip of the peoples of the {T nited StateR and 

20 Taiwan, and the determination of the United States 

21 to remain as a Pacific power. 

22 (16) Total United States-Taiwan trade in 2011 

23 was $67,200,000,000 and Taiwan was the 10th 

24 largest United States tradillg partner aml tl1e tith 
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8 

1 largest market for United States agricultural ex2 ports. 

3 (17) It is in the econonllC interests of the 

4 United States and the national security interests of 

5 Taiwan for the peoples of tl1e U f1ited States arid 

6 Taiwan to further strengthen and revitalize their 

7 trade and investment tics, inc.luding through an ex8 pallded 'l'rans-Pacific Partllership ('!'PP) Agreement 

9 or silnilar mechanism. 

10 SEC. 3. RULE OF CONSTRUCTION. 

11 l'\ othing in this Act shall be construed to amend or 

12 supersede the Taiwan Relations Act. 

13 TITLE I-POLITICAL RELATIONS 

14 SEC. 101. RELATIONS WITH THE PEOPLE OF TAIWAN. 

15 The following shall be the policies of the United 

16 States: 

17 (1) Supporting Taiwan, Taiwan's democracy, 

18 and the human rights of its people. 

19 (2) As noted in the Taiwan Relations Act, "the 

20 absenee of diplomatie relations or reeognition shall 

21 not affect the application of the laws of the United 

22 States with respect to Taiwan, and the laws of the 

23 United States shall apply with respect to Taiwan in 

24 t11e man11er that t11e laws of tl1e Cnited States ap-
10


82309b-9.eps

9 

1 plied with respect to Taiwan prior to January 1, 

2 1979.". 

3 (il) The T~nited States (}overmnent shall respect 

4 the right of the Taipei Economic and Cultural Rep5 resE'litative Office (TECRO) to display its flag on its 

6 premises and the American Institute in Taiwan 

7 (AIT) and the residence of its Director in Taipei 

8 shall, correspondingly, publicly display tlle United 

9 States flag in the same manner as United States 

10 embassies, COIlslLlates, and official residences 

11 throughout the world. 

12 (4) The Taipei Economic and Cultural Rep13 reseutative Office and all other instrumentalities es14 tablished by Taiwan, including the Tvvin Oaks Es15 tate, may condud offieial business aetivities, includ16 il1g achvities which illVolve participation by Members 

17 of the United States Congress and other representa18 tives of the Federal, State, and local governments, 

19 without any impediment from the United States 

20 Government or any foreig11 power. 

21 SEC. 102. VISITS BY CABINET LEVEL OFFICIALS. 

22 (a) FL\TDINGS.-CongTess finds the following: 

23 (1) Visits by rllited States cabinet officials and 

24 otl1er high-rallking ~visitors are an imlicator of tlle 
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10 

1 breadth and depth of ties between the United States 

2 and Taiwan. 

3 (2) In December 1992, United States Trade 

4 Representative Carla Hills visited Taiwan, l1mrking 

5 tIle first eabillet-level visit sinee 1979. 

6 (3) Over the next 8 years the Administrator of 

7 the Small Business Administration, the Seeretary of 

8 Energy, and 2 Seeretaries of 'l'ransportation visited 

9 Taiwan. 

10 (,1) No ruited States eabinet seeretary has vis11 ited Taiwan since ,July 2000. 

12 (5) In Mareh 2008, candidate Barack Obama 

13 wrote in a message eongratulating }Ia Ying-jeou 011 

14 his eleetion vietory that "[tJhe U.S. should reopen 

15 bloeked ehannels of eommunieution vvith Taiwan of16 fieials", however no Cabinet-level visits to 'l'aiwan 

17 have yet taken plaee. 

18 (h) POlJICY OF THE l~mTED STATES.-It shall be the 

19 poliey of the {~nited States to encourage visits hy eahinet20 level offieials between the l~nited States and Taiwan to 

21 foster eommereial, teehno]ogieal, and people-to-people ex22 ehanges. 
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1 SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH 

2 TAIWAN. 

3 l'\otv\'ithRtanding the IH94 Taivvan poliry review and 

4 current mandatory guidance from the Department of 

5 State regarding contacts with Taiwan, it shall he the p01-

6 iey of the United StateR to7 (1) permit senior leaders of Taiwan to enter the 

8 United StateR under conditionR which demonRtrate 

9 appropriate courtesy and respect for the dignity of 

10 such leaders; 

11 (2) permit meetingR hetween high-level Tai12 wanese and United States officials in all United 

13 States executive departments; 

14 (:i) allow offirial travel to Taiwan for Depart15 ment of State and Department of Defense personnel 

16 above the rank of office dirertor or, for uniformed 

17 military personnel, above the level of Of) (Colonel, 

18 Kavy Captain); and 

19 (4) i'mpport a deciRion by Taiwan to chrmge the 

20 name of the Taipei Economic and Cultural Rep21 resentative Office to tllat of the Taiwan Representa22 tive Office. 
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12 

1 SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF 

2 AN INDIVIDUAL APPOINTED TO SERVE AS 

3 THE DIRECTOR OF THE AlVIERICAN INSTI4 TUTE IN TAIWAN. 

5 (a) TN OrJN"JRAL.-Notvv"itl1standing any other prov"i6 sion of law, the President shall appoint, hy and v'lith the 

7 advice and consent of the Senate, an individual to serve 

8 as the Director of the American Institute in Taivvan. 

9 (b) TR~iIu'JSITION.-The individual serving as the Di10 rector of the American Institute in Taiwan as of the date 

11 of the enaetment of this Act may continue to serve in such 

12 capacity until such time as an individual is appointed and 

13 confirmed in accordance v,~th subsection (a). 

14 SEC. 105. EXTRADITION AGREEMENT. 

15 (a) IN GE.\JERAL.-It s1mll be the policy of the United 

16 States to enhance judicial cooperation with Taiwan, cur17 rently conducted on the basis of the 2002 Agreement on 

18 }Iutual Legal Assistance in Criminal Matters, by slgmug 

19 a comprehensive extradition agreement. 

20 (b) HEPORT.-Not later than 180 days after the date 

21 of enactment of this Act, tlle President sllall transmit to 

22 Congress a report that assesses whether a comprehensive 

23 extradition agreement between the United States and Tai24 wan may he submitted to the Senate for advice and con25 sent as a treaty or whether, because of Taiwan's unique 

26 status, such agreement must be submitted to both the 
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I " ;) 

1 House of Hepresentatives and Senate for legislative ap2 proval. 

3 SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS 

4 GUIDELINES IN CONDUCTING UNITED 

5 STATES-TAIWAN RELATIONS. 

6 K otwithstanding any communiques entered into be7 tween the United States and the People's Republie of 

8 China, the United States cOlltinnes to assent to the six 

9 assurances provided to Taiwan in .ruly, 1982, including 

10 that the United States11 (1) has not agTeed to set a date for ending 

12 arms sales to Taiwan; 

l3 (2) has llot agreed to hold pnor consultations 

14 with the People's Hepublic of China on arms sales 

15 to Taiwan; 

16 (:3) ",-ill 110t play any mediation role between 

17 Taipei and Beijing; 

18 ('~1) has not agreed to reVIse the Taiwan Rela19 tions Act; 

20 (5) has not altered its position regarding' sov21 ereignty over Taiwan; and 

22 (6) will not exert pressure on Taiwan to nego23 tiate with the People's R,epublic of China. 
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1 SEC. 107. INTERNATIONAL ORGANIZATIONS. 

2 (a) AN~l:Al, P1WGRA1Vl.-To provide Taiwan with the 

3 international Rpace it requireR to function effeefively in the 

4 world eommunity, the Secretary of State shall direct the 

5 Department of State to continue its annual program to 

6 enf;ure meaningful participation by Taiwan in the ~World 

7 Health Assembly in Geneva, Switzerland, as well as mean8 inl!ful partieipation for Taiwan in other relevant inter9 national organizations, such as the International Civil 

10 Aviation Orgaui",atioll (leAD). 

11 (11) lVlEANINGFrL PMtTICIPATION BY TAlwAN.-'l'he 

12 Secretary of State shall direct the l~nited States Perma13 nent Representative to tlle Fnitec1 Kati011s to use tlle 

14 voice, vote. and influence of the United StateR at the 

15 United Nations to ensure meaningful partieipation for 

16 Taiwan in relevant United Nationf; Entitief; in which Tai17 ,van has e:x~ressed an interest in participating. 

18 SEC. 108. REPORT ON TAIWAN'S PARTICIPATION IN ICAO. 

19 (a) IN GENERAL.-The Secretary of State shall ini20 tiate a United States plan to endorse and obtain meaning21 fu] participation for Taiwall at the periodic Assemblies 

22 held by the International Civil Aviation Organization 

23 (lCAO) in MontreaL Canada, including the 38th A:ssembly 

24 to be held in September-Octoher 201:-1, and in the meet25 ings and acti"ities of the ICAO and shall instruct the 
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1 United States delegation to Montreal to implement such 

2 plan. 

3 (b) REPORT.-Not later than 1RO days after the date 

4 of the enactment of this Act and annually thereafter, the 

5 Seef'etary of State shall submit to Congress a. report eorl6 taining the plan required under subseetion (a). 

7 (0) Fcml'vI.-The report required under subsection (b) 

8 shall be submitted ill undassified form, but may eontain 

9 a classified annex if necessary. 

10 (d) A:-JNlL4.L BRIEFING.-The Seeretary of State 

11 fihould provide an annual hriefing to or commIt \vith Con12 gress on any efforts conducted by the rnited States Gov13 ermnent in support of Taiwan's progress tovvard meauing'-

14 fill partieipation in the ICAO. 

15 TITLE II-SECURITY RELATIONS 

16 SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN. 

17 (a) }L;lJNTE:-JA_'JCE OF SUFFICIEKT SELF-DEFENSE 

18 CAPABILITIES OF TAIWAN.-Cougress fiuds that any de19 termination of the nature and quantity of defenf'ie artirlef'i 

20 or defense services to be made available to Taivmn that 

21 is made on any basis other than the defense needs of Tai22 wan, whether pursuant to the August 17, 1982, 

23 Commullique signed vvith the People's Republie of Chitla, 

24 or ally similar exeeutive agTeemellt, order, or poliey would 
17


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1 violate the intent of Congress specified in section 3(b) of 

2 the Taiyvan HelatioHs Ad (22 CS.C. 3302(h)). 

3 (b) FOREIGN MILIT~'illY SALES ~lliD LrCE.:-.J8ED DE4 FENSE EXPORTS UNDER THE ARMS EXPORT CO.:-.JTROL 

5 ACT.-Congress finds that, ill aeconlaflce with the Taiwan 

6 Helations Act, the core purpose of foreign military sales 

7 and lic()l1sed commercial eA~orts under the l\.rms EA'1lOrt 

8 Control Act should be to assist Taiwan in its ability to9 (1) deter coercion; 

10 (2) defend against a strategy of coereive diplo11 maey employing threats or limited force; 

12 (3) repel an invasion; and 

13 ('"b) partner with civil responders and friendly 

14 foreign militaries. 

15 (c) DEFEKSE TRANSFER8.-In order to accomplish 

16 tlle pl111)oses of this section, tlle President is allthori7.ecl 

17 to make available to Taiwan defense articles or defense 

18 services. including the following: 

19 (1) ~:llr and air defense capabilities, inclnding20 

21 

22 

23 

24 

(A) low-cost, survivable sensors; 

(B) eommaud and eoutrol systems; 

modern surface to air missiles; 

(D) upgrades to existing modern eomhat 

aire-raft as well as new eombat aireraft, inelnd-
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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

17 

ing Vertical and Short Take-Off and Landing 

Airc~raft (V/STOL); 

(E) radar, electronic warfare, and jamming 

capabilities; 

(F) passive defense measw·es (such as redundancy, dispersal, camouflage/deception, 

hardening, and rapid repair capabilities); and 

(et) access to satellites for remote sensing 

and communication. 

(2) Maritime capabilities, illcluciing-

(A) additional ,;enROl' c-apacity for comprehensive maritime domain awareness: 

(B) cost-effective submarines for anti-surface, anti-submarine warfare, and other mis81On8; 

(e) nlllleS and mme emmtermeasure vesand 

(D) allti-ship emise missiles. 

(:-1) (~round c-.apahilities, inclnding-

(A) layer8, short-rang'e air defense; 

(B) eritical infrastrueture proteetioll to ensure continuity of govermnent; 

(C) air mobility; 

(I)) unmanned air vehieles; and 
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1 (E) accurate, UPS-guided short-range 

2 rockets. 

3 (4) Capacity for partnership with friendly fo1'-

4 eigTl Inilitaries, including5 (A) eommand, control, communications, 

6 computers, intelligenee, surveillance, and recon7 nais:sance situational awarenus:s :sy:stems; 

8 (R ) enhanced doetrille excl1all ge; and 

9 (C) enhanced senior-level training. 

10 (d) RULE OF CON8TRlTTION RELATI"JG TO ARMS 

11 EXPOET CO"JTIWL ACT.-Nothing in this section shall he 

12 eonstrued to supersede or modify section 36 of the Arms 

13 Export Control Act (22 U.S.C. 2776). 

14 SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN. 

15 (a) STATEME"JT OF POLIl'Y.-)Jotvvithstanding the 

16 upgrade of 'l'aiwan's F-l (:i AIR aircraft, 'l'aiw3.l1 will e)..l)e17 rience a growing shortfall in fighter aircraft, particularly 

18 as its F -5 aircraft are retired from service. 

19 (h) AUTHORITY To ACCEPT LETTER OF REQUEST.-

20 Pursuant to the foreigll military sales program authorized 

21 by the Arms Export Control ~Aet, the President is author22 ized to accept a letter of request from Taiwan for price 

23 and availability data or for a formal sales offer with re24 spect to tlle 1<'-1 (:iC/D 111ighting Palcon multirole fighter 

25 aircraft or other aircraft of similar capability, as may be 
20


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19 

1 necessary to enable Taiwan to maintain a sufficient self2 defense eapability. 

3 SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES. 

4 BRmFIJ\-GS.-~ot later than 90 days after the 

5 date of the enaetmE'lit of this Aet and at least annually 

6 thereafter, the Secretary of State, in conslutation vvith the 

7 Secretary of Defense, shall provide detaikd briefings to 

8 (;011 gress on9 (1) any discussions conducted between any ex10 eeutive bralleh agelley and the Government of Tai11 wan during a covered period; and 

12 (2) any potential transfer to the Government of 

13 Taiwan of defellse artides or defense serviees. 

14 (b) DEFI:'-JITIONS.-In this seetion and section 201: 

15 (1) CUVERED PERIOD.-The term "covered pe16 riod" means, ,vith respeet to17 (A) the initial briefing required under sub18 seetioll ( the period beginning OIl the date of 

19 the enactment of this Act and ending on the 

20 date of such initial briefing; and 

21 (B) subsequent briefillgs required under 

22 sueh subseetion, the period beginning on the 

23 day aBel' the date of the most reeent briefing 

24 and enclillg on the date of allY suell subsequent 

25 briefing. 
21


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20 

1 (2) EXECUTIVE BRANCH AGENC~.-The term 

2 "executive branch agency" has the meaning gwen 

3 the term "agency" in Rection 551(1) of title 5, 

4 United States Code. 

S (3) DrJP/{I'\S.,J AH'I'ICljE.-The teml "defense ar6 tide" has the meaning given such tenl:l in section 47 

7 of the ilrms Export Control Act (22 U.S.c. 2794). 

8 (4) DFJFFJKSR SFJRviCK-'1'he term "defellse 

9 service" has the meaning given such term in section 

10 ,17 of the Arms Export Control Act (22 U.S.C. 

11 2794). 

12 SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO 

13 TAIWAN. 

14 (a) 11'\ GEKERAL.-Not later than 180 days after the 

15 date of the enactment of this ~\..ct and annually thereafter, 

16 tl1e President shall transmit to Congress a report17 (1) detailing each of Tai,,,'an's requests for pur18 chase of defense articles and defense services during 

19 the immediately preceding one-year period, whether 

20 submitted through a letter of request (LOR) or con21 veyed by other authoritative means, except that the 

22 first report under this section shall cover the period 

23 2006 through 2011; 

24 (2) describing the defense neeos asserted by 

25 Taiwan as justification for such requests; 
22


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21 

1 (3) describing the decisionmaking process used 

2 to rejeet, postpone, or modify any such request, in3 duding4 (A) with respect to significant lnilitary 

5 equipment, the country team assessment arid 

6 recommendation as to whether the United 

7 States should sell such elluipment; and 

8 (B) for each request, tIle elapse of time be9 tween the submission of such request and the 

10 completion of the interagency review pl"Ocess by 

11 the C nited StateR; and 

12 (4) detailing those defense articles and defense 

13 services listed in the ~~rnlS Sale Proposal described 

14 in section 25 of the Arms E:x'})ort Control Act (22 

15 U.S.C. 2765), induding' a description of the ration16 ale for including or not im·]udillg ill such Proposal, 

17 as the case may be, all sales and licensed exports to 

18 Taiwan under such Act of major weapons or weap19 onR-related defenRe equipment for $7,000,000 or 

20 more, and the extent to which a deeision to not lll21 elude in such Proposal such sales to Taiwan is COH22 sistent ,ovith such section. 

23 (b) FClRM.-The report required under subsectioll (a) 

24 shall be submitted ill unclassified form, but may contain 

25 a classified annex if necessary. 
23


82309b-22.eps

22 

1 SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELA2 TIONSACT. 

3 (a) 1K GEKER~\.L.-Not later than ISO days after the 

4 date of the enactment of this Act, the President shall sub5 mit to CongTess a repOli. 011 implementation of United 

6 States security policy under the Taiwan Relations Act. 

7 (b) lVLtTTERS To BE INCLUDED.-The report re8 quired under I'mhsection 

9 the follmving: 

shall include, at a minimnm, 

10 (1) A review of the operational planning, policy 

11 reviews, and other preparatior18 of the United State8 

12 since 2000 to impleTnent section 2(b)(G) and sub13 sections (a), (b), and (c) of section :3 of the Taiwan 

14 Relations Act, including the extent to whi('h the 

15 United States retains the capacity to resist any re16 sort to force or other forms of coercion that would 

17 jeopardize the security, or the social or economic 

18 system, of the people of Taiwan. Such review shall 

19 take into account whether Taiwan's air and air de20 fense forces retain the ability to effectively defend 

21 Taiyvan against China's ballistic missile and air 

22 threats, and the extent to which the absence of cred23 ible Taiwanese air defense forces may eornplieate the 

24 ability of the United States to resist any resort to 

25 force that jeopardizes the security of Taiwan. 
24


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28 

1 (2) An eyaluation of all gaps in releyant knowl2 edge about the capabilities and iutentions of the 

3 People's Republic of China a:o; such capabilities and 

4 intentions might affect the current and future mili5 tary balance betweell Taiwan and Chilla, SUdl as 

6 anti-access and area denial capabilities as well as 

7 anti-satellite and spaee warfare developments, in8 eluding both classified United States intelligence in9 formation and Chinese open source \vriting. 

10 FORM.-The report required under subsection 

11 shall be submitted in lmclassified form, hut may contain 

12 a classified annex if necessary. 

13 SEC. 206. NAVAL VESSEL TRANSFER AUTHORITY. 

14 TR~LNSFER BY SALE.-The President is author15 ized to transfer the OLI\lER HAZARD PERRY class 

16 guided missile frigates USS '1'AYljOR (}11FG--50), USS 

17 GARY (FFG-51), rss CARR (FFG-52), and USS 

18 ELROD (FFG-55) to the Taipei Economic and Cultural 

19 H,epre:o;entative Office of the United States (which is the 

20 Taiwan instrumentality desigmlted pursuant to section 

21 10(a) of the Taiwan RelationsAet (22 U.S.C. 3309(a))) 

22 on a sale basis under section 21 of the Arms Export Con23 trol Act (22 U.S.C. 2761). 

24 (b) COSTS OF 'l'RANSFRRS.-Any e).l)ense inculTed by 

25 the United States in connection with a transfer authorized 
25


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24 

1 by this section shall be charged to the recipient nohvith2 standing section 516(e) of the Foreign Assistance Act of 

3 18G1 (22 U.S.C. 2:)21j(e)). 

4 REPAIR AND REFURBISHMENT 11\ UNITED 

5 STA'I'tJ8 SHIPYAKJ)S.-To the maximum extent pnlC"-

6 ticable, the President shall require, as a conclition of the 

7 transfer of it vessel under this section, that the recipient 

8 to which the vessel is transferred have snch repair or re9 furbishment of the vessel as is needed. before the vessel 

10 joins the naval forces of that reeipient, performed at a 

11 shipyard located in the United States, includin12' a United 

12 States Navy shipyard. 

13 (ell EXPlRATION Oli' AUTHORl'1'Y.-The authority to 

14 transfer a vessel under this section shall expire at the end 

15 of the 3-yea1' period beginning on the date of the enact16 mel1t of this Act. 

17 TITLE III-ECONOMIC AND 

18 TRADE RELATIONS 

19 SEC. 301. TRADE AND INVESTMENT FRAMEWORK AGREE20 MENT. 

21 It is the sense of Congress that, at the earliest 0PPor22 tunity, the Lnited States Trade Representative should 

23 seek to resume and sueeessfully eonclude negotiations of 

24 economic issues in the 'l'rade and Illvestment J1'ramework 

25 Agreement (TIFA) talks with Taiwan. 
26


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25 

1 SEC. 302. FREE TRADE AGREEMENT. 

2 (a) II\ Gl<JN}ijl~~.-It is the sellse of Congress that 

3 the ultimate goal of trade negotiatiom; with Taiwan should 

4 be the negotiation of a free trade agreement with Taiwan. 

5 As building hlocks toward that goal, the United States 

6 should study the feasibility of negotiating vvith Taiwan a 

7 bilateral8 (1) investment agTeement; and 

9 (2) tax agreement. 

10 (b) HEPORT.-Not later than 180 clays after the date 

11 of enactment of this Art, the PreRident shall tranRmit to 

12 Congress a report that assesses whether economic and 

13 trade agreements between the rnitec1 States am] Taivvan 

14 may be submitted to the Renate for advice and consent 

15 as a treaty or whether, because of Taiwan's unique status. 

16 sneh agreements must he suhmitted to lioth the House of 

17 Hepresentatives and Senate for legislative approval. 
27


82309c-1.eps

AMENDMENT TO H.R. 419 

OFFERED BY Ms. Ros-LEHTINEN OF FLORIDA 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Taiwan Policy Act of 

3 201:1". 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The Taiwan Relations Act (Public Law 96-

7 8; 22 U.S.C. :3:301 et seq.), enacted in 1979, has 

8 continued for ;34 years to be the cornerstone of 

9 United States-Taiwan relations and has served as 

lOan anchor for peace and security in the \Vestern PaII eifi(~ region. 

12 (2) The Taiwan Relations Act, in furthering the 

13 national interests of the United States in the 'West14 ern Pacific region, has mandated that the LIlited 

15 States will make available to Taiwan such defense 

16 artides and defense serviees in slwh quantity as may 

17 be necessary to enable Taiwan to maintain a suffi18 cient self-defense capability, thus allov.~ng the people 
28


82309c-2.eps

2 

of Taiwan to preserve a peaeeful, demo(~rati(~, amI 

2 prosperous way of life. 

3 (:1) The future of Taiwan must be determined 

4 in a peaceful manner and with the assent of the peoS ple of Taiwan. 

6 (4) The Taiwan Relations Act declares that7 (A) peace and stability in the Western Pa8 cific area are in the political, security, and eco9 nomic interests of the United States, and are 

10 matters of international concern; 

11 (B) the United States de(~ision to establish 

12 diplomatic relations ,,,ith the People's Republic 

13 of China rests upon the e"Xl)ectation that the fu14 ture of Taiwan will be determined by peaceful 

15 means; 

16 (C) the United States eonsiders any effort 

17 to determine the future of Taiwan by other 

18 than peaceful means, including by boycotts or 

19 embargoes, a threat to the peace alld security 

20 of the 'Vestern Pacific area and of grave con21 cern to the rnited States; 

22 (D) the rnited States ~will maintain the ca23 pacity to resist any resort to force or other 

24 forms of eoereion that would jeopardize the se-
29


82309c-3.eps

enrity, or the ~oeial or eeonomie ~y~tem, of the 

2 people on Taiwan; and 

3 (E) the pre~ervation and enhaneement of 

4 the human rights of all the people on Taiwan 

5 are reaffirmed as objectives of the rnited 

6 States. 

7 (5) United States-Taiwan relations have suf8 fered from inattention and lack of strategic ,~sion, 

9 thereby requiring the Congress to both clarifY 

10 United States policy toward Taiwan and enhance its 

11 over~i/Zht role in the implementation of the Taiwan 

12 Relations Act. 

13 (6) Tn its China Military Power Report for 

14 2012, Taiwall's lVlillistr.v of .:.,rational Defense 

15 (MND) estimated that more than 1,600 ballistic and 

16 erllise mi~sile~ are now heing aimed at Taiwan by 

17 the Second Artillery Corps of the People's Republic 

18 of China and other experts suggest that this number 

19 could increase to 1,800 in the ncar future. 

20 (7) The anti-secession law, passed by the Na21 tional People's Congress of the People's Republic of 

22 China, was found by House Concurrent Resolution 

23 98, passed in the House of Representatives on 

24 Mareh 16, 2005, by a vote of 424-4, "to ere ate a 

25 legal framework for possible use of force against 
30


82309c-4.eps

4 

Taiwan" and "to provide a legal justifieation for the 

2 use of force against Taiwan, altering the status quo 

3 in the region, and thus is of gnlve (~oneern to the 

4 United States.". 

5 (8) The legislative requirement to make avail6 able defense articles and defense services should in7 clude the provision of new F -16 CID aircraft and 

8 upgrades of existing F -16 Am aircraft essential to 

9 Taiwan's security. 

10 (9) The 2012 Department of Defense's Annual 

11 Report to CongTess on Military amI Seeurity Devel12 opments Involving the People's Republic of China 

13 noted that "preparing for contingencies in the Tai14 wan Strait remains the principal focus and driver of 

15 much of China's military investment. In this context, 

16 over the past year, the [People's Liberation Army] 

17 continued to build the capabilities and develop the 

18 doctrine it considers necessary to deter Taiwan from 

19 declaring' imlcpendence; to deter, delay, and deny ef20 fective r.s. intervention in a potential cross-Strait 

21 conflict; and to defeat Taiwan forces in the event of 

22 hostilities.". 

23 (10) The langl1age contained III the ,Joint 

24 Communi(l1H~ of the 1~nited States of Ameriea and 

25 the People's Republic of China, dated August 17, 
31


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5 

1982, whidl states in part that "arms sales to Tai2 wan will not exceed, either in qualitative or in quan3 titative terms, the level of those supplied in reeent 

4 ycars" shall not, to any degree, dimillish the respon5 sibility of the United States, as legislatively man6 dated in the Taiwan Relations Act, to "make avail7 able to Taiwan such defense articles and defense 

8 services in such quantity as may be necessary to en9 able Taiwan to maintain a sufficient self-defense caW pability.". 

11 (11) The United States has sought diplomati12 cally to preserve Taiwan's international space, de13 spite outside pressure and coercion, and has sought 

14 to securc Taiwan's meaningful participation in such 

15 international organizations as the ~World Health 01'-

16 ganization C'NHO). 

17 (12) Given the critical importance of airport se18 curity in a post-September 11th international envi19 rollIllCllt, the Lnitcd Statcs rccognilles it is crucial 

20 for Taiwan to be admitted to meaningful participa21 tion in the International Civll Aviation Organization 

22 (ICAO) so that Taiwan may contribute to the suc23 cess of a global strategy to address avlation security 

24 threats hased on effeetive international eooperation. 
32


82309c-6.eps

6 

(18) Re(~ognizing that the Taiwan Relations Ad 

2 stated that it is the policy of the rnited States "to 

3 preserve and promote e:Ai,ensive, dose, amI friendly 

4 commercial, cultural, and other relations between 

5 the people of the rnited States and the people on 

6 Taiwan" the Secretary of Homeland Security an7 nounced on October 2, 2012, "the designation of 

8 Taiwan into the Visa ,Vaiver Program (V\\Tf')" v.~th 

9 eligible Taiwan passport holders able to travel on the 

10 VWP beginning :\fovember 1, 2012. 

11 (14) The eondusion of the Eeonornie Coopera12 tion Framework Agreement (EeFA) between Tai13 wan and the People's Republic of China in .June 

14 2010 or the adoption of any other cross-Strait eco15 nomic measures shall not diminish in any degree the 

16 requirement eontained in the Taiwan Relations Ad 

17 to "maintain the capacity of the rnited States to re18 sist any resort to force or other forms of coercion 

19 that would jeopardi:6e the security, or the social or 

20 economic system, of the people on Taiwan.". 

21 (15) Total rnited States-Taiwan trade in 2012 

22 was $6:3,200,000,000 and Taiwan was the 11th 

23 largest rnited States trading partner and the 7th 

24 largest market for United States agTi(mltural ex25 ports. 
33


82309c-7.eps

7 

(1 G) It. i~ in the eeonornw intere~t~ of the 

2 United States and the national security interests of 

3 Taiwan for our two people~ to strengthen our trade 

4 and investment tics. 

5 SEC. 3. RULE OF CONSTRUCTION. 

6 Nothing ill this Act shall be construed to amend or 

7 supersede the Taiwan Relations Act. 

8 TITLE I-POLITICAL RELATIONS 

9 SEC.IOl. RELATIONS WITH THE PEOPLE OF TAIWAN. 

10 The follovving shall be the policies of the r nitecl 

11 8tate~: 

12 (1) Supporting Taiwan, Taiwan's democracy, 

13 and the human rights of its people. 

14 (2) As noted in the Taiwan Relations Act, "the 

15 absence of diplomatic relations or recognition shall 

16 not affe(~t the appli(~ation of the laws of the 1~ nited 

17 States \vith respect to Taiwan, and the laws of the 

18 United States shall apply \vith respect to Taiwan in 

19 the manner that the laws of the United States ap20 plied with respect to Taiwan prior to .J anuary 1, 

21 1979.". 

22 (3) The United States Government shall respect 

23 the right of the Taipei Economic and Cultural Rep24 resentative Offi(~e (TECRO) to display it~ flag on it~ 

25 premises and the ~t\Jnerican Institute in Taiwan 
34


82309c-8.eps

R 

(AIT) and the residenee of its Direetor in Taipei 

2 shall, correspondingly, publicly display the r nited 

3 States flag- in the same manner as United States 

4 embassies, consulates, and official residences 

5 throughout the world. 

6 (4) The Taipei Economic and Cultural Rep7 resentative Office and all other instrumentalities es8 tablished by Taiwan, including the T,vin Oaks Es9 tate, may conduct official business activities, inelud10 ing activities which involve participation by YIembers 

11 of the United States Congress and other represent a12 tives of the Federal, State, and local governments, 

13 \vithout any impediment from the rnited States 

14 GoverllIllellt or any foreign power. 

15 SEC. 102. VISITS BY CABINET LEVEL OFFICIALS. 

16 (a) FIKDINGS.-Congress fimls the follmving: 

17 (1) Visits by United States cabinet officials and 

18 other high-ranking visitors are an indicator of the 

19 breadth and depth of ties between the Ullited States 

20 and Taiwan. 

21 (2) Tn December 1992, United States Trade 

22 Representative Carla Hills visited Taiwan, marking 

23 the first cabinet-level vlsit since 1979. 

24 (:1) Over the next R years the Administrator of 

25 the Small Business Administration, the Secretary of 
35


82309c-9.eps

Energy, and 2 Seeretarie~ of Tran~portation visited 

2 Taiwan. 

3 (4) No United State~ (~abinet ~e(~retary has vi~-

4 ited Taiwall sillce July 2000. 

5 (b) POT,ICY OF' TIm Ut\ITRD STATRS.-Tt shall be the 

6 policy of the United States to encourage visits by cabinet7 level officials between the United States and Taiwan to 

8 foster commercial, technological, people-to-people, or other 

9 exchanges. 

10 SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH 

11 TAIWAN. 

12 Notvvithstanding the 1994 Taiwan policy review and 

13 current mandatory g11idance from the Department of 

14 State regarding contacts with Taiwall, it shall be the pol15 icy of the rnited States to16 (1) permit ~enior le~l(ler~ of Taiwan to enter the 

17 United States under conditions which demonstrate 

18 appropriate courtesy and respect for the dignity of 

19 such leaders; 

20 (2) permit meetings between high-level Tai21 wanese and United States officials in all United 

22 States executive departments; 

23 (3) allow official travel to Taiwan for Depart24 ment of State and Department of Defen~e per~onnel 

25 above the rank of office director or, for uniformed 
36


82309c-10.eps

10 

military personnel, ahove the level of 06 (Colonel, 

2 Navy Captain); and 

3 (4) support a ae(~ision by Taiwan to (~hange the 

4 name of the Taipei Economic and Cultural RepS resentative Office. 

6 SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF 

7 AN INDIVIDUAL APPOINTED TO SERVE AS 

8 THE DIRECTOR OF THE AMERICAN INSTI9 TUTE IN TAIWAN. 

10 (a) IN GENERAL.-Notvvithstancling any other provi11 sion of law, the President shall appoint, by and with the 

12 advice and consent of the Senate, an individual to serve 

13 as the Director of the American Institute in Taiwan. 

14 (b) TRANSITlON.-The individual serving as the Di15 rector of the American Institute in Taiwan as of the date 

16 of the emwtrnent of this Ad may (~ontinne to serve in snell 

17 capacity until such time as an individual is appointed and 

18 confirmed in accordance vvith subsection (a). 

19 SEC. lOS. EXTRADITION AGREEMENT. 

20 (a) 11\ GENERAL.-It shall be the policy of the rnited 

21 States to enhance judicial cooperation with Taiwan, cur22 rently conducted on the basis of the 2002 Agreement on 

23 Mutual IJegal Assistance in Criminal Matters, by signing 

24 a (~ornprellensive e~i;radition agTeernent. 
37


82309c-11.eps

11 

(h) REPORT.-Not later than 180 !lays after the date 

2 of enactment of this Act, the President shall transmit to 

3 Congress a report that assesses whether a eomprehensive 

4 extradition agreement between the Ullited States and TaiS wan may be submitted to the Senate for advice and con6 sent as a treaty or whether, because of Taiwan's unique 

7 status, such agreement must be submitted to both the 

8 House of Representatives and Senate for legislative ap9 proval. 

10 SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS 

11 

12 

GUIDELINES IN CONDUCTING UNITED 

STATES-TAIWAN RELATIONS. 

13 Nohvithstanding any communiques entered into be14 tween the Ullited States and the People's Republic of 

15 China, the United States continues to assent to the SLX 

16 assuranees provided to Taiwan in .Tuly, 1982, induding 

17 that the United States18 (1) has not agreed to set a date for ending 

19 arms sales to Taiwan; 

20 (2) has not agreed to hold prior consultations 

21 \vith the People's Republic of China on arms sales 

22 to Taiwan; 

23 (3) will not play any mediation role between 

24 Taipei and Be~jing; 
38


82309c-12.eps

12 

(4) has not agTeed to reVISe the Taiwan Rela2 tions Act; 

3 ([)) has not altered its position reganling sov4 ereignty over Taiwan; alld 

5 (G) v\~ll not exert pressure on Taiwan to nego6 tiate with the People's Republic of Chiua. 

7 SEC. 107. INTERNATIONAL ORGANIZATIONS. 

8 (a) ANNUM, PI\OcmAlVr.-To prm~de Taiwan with the 

9 international space it requires to function effectively in the 

10 world community, the Secretary of State shall direct the 

11 Depadrnent of State to eontinne its annual prognJIIl to 

12 ensure meaningful participation by Taiwan in the 'Vorld 

13 Health Assembly in Geneva, SV\~t~erland, as well as mean14 ingful participation for Taiwall in other relevant illter15 national organizations. 

16 (1)) MEAKINGFrL PARTICIPATIO~ BY TAIWAK.-The 

17 Secretary of State shall direct the United States Perma18 nent Representative to the United Nations to use the 

19 voice, vote, and influence of the U uited States at the 

20 United Kations to ensure meaningful participation for 

21 Taiwan in relevant rnited Nations Entities in which Tai22 wan has eJ.'Pressed an interest in participating. 
39


82309c-13.eps

1:1 

TITLE II-SECURITY RELATIONS 

2 SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN. 

3 (a) YWNTENAKCE OF Sl~FFICIENT SELF-DEFENSE 

4 CArABILITIES OF TAIW~'L.'J.-CongTess finds that any de5 termination of the nature and quantity of defense articles 

6 and defense services to he made available to Taiwan that 

7 is made 011 any basis other than the defense 11eeds of Tai8 wan, whether pursuant to the August 17, 1982, 

9 Communi(llle signed "\vith the People's Republie of China, 

10 or any similar executive agreement, order, or policy would 

11 violate the intent of Congress specified in section :3(b) of 

12 the Taiwan Relations Act (22 U.S.C. 3302(b)). 

13 (b) FOREIGN MILITARY SALES AND LICENSED DE14 FENSE E)"'"PORTS UNDER THE ARMS E)"'"PORT CO~TROL 

15 ACT.-Congress finds that, in accordance with the 'l'aiwan 

16 Relations Act, the core purpose of foreign military sales 

17 and lieensed (~ommereial e:Al)orts umler the Arms E:Al)Ort 

18 Control Act should be to assist Taiwan in its ability to--

19 (1) deter coercion; 

20 (2) defend against a strategy of coercive diplo21 macy emplo:ying threats or limited force: 

22 (:1) repel an invasion: and 

23 (4) partner with civil responders and friendly 

24 foreigl1 militaries. 
40


82309c-14.eps

14 

(e) DEFENSE TRANSFERS.-In order to a(~(~ornpli~h 

2 the pUl1)oses of this section, the President is authorized 

3 to make availahle to Taiwan defen~e artides and clefense 

4 services, including the following: 

5 (1) Air and air defense capabilities, including6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(A) low-cost, survivable sensors; 

(B) command and control systems; 

(e) modern smface to air missiles; 

(D) upgrades to existing modem combat 

aircraft as well as new combat aircraft. including- Vertieal and Short Take-Off and Landing 

Aircraft (V/STOL); 

(El radar, electronic warfare, and jamming 

capabilities: 

(F) passive defense measures (such as redundaney, di~per~al, (~1:Ull( mflage/deeepti()11, 

hardening, and rapid repair capabilities); and 

(G) access to satellites for remote sensing 

alld commuuicatioll. 

(2) :}iaritime capabilities, including-

(A) additional sensor capacity for comprehensive maritime domain awareness; 

(TIl cost-effective submarines for anti-surf1:we, anti-~uhrnarine warfare, and other mi~­

sions; 
41


82309c-15.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

If) 

(C) llnnes and mIlle eountermeasure vessels; and 

(D) anti-ship eruise missiles. 

(3) Ground capabilities, including-

(A) layered, :short-range air defense; 

(B) critical infrastructure protection to ensure continuity of government; 

(C) air mobility; 

(D) unmanned air vehicles; and 

(E) accurate, GPS-guided short-range 

roekets. 

(4) Capacity for partnership ~with friencUy for13 eign militaries, including14 (A) command, control, communications, 

15 computers, intelligence, surveillance, and recon16 naissanee situational awareness systems; 

17 (B) enhanced doctrine exchange; and 

18 (C) enhanced senior-level training. 

19 (d) HUL1£ OF CO.:--.rS'1'lWC'1'lO.:--.r R1£h~'1'lNG '1'0 ~\lUlS 

20 EXPORT CONTROL ACT .-Nothing in this section shall be 

21 construed to supersede or modify section 36 of the Arms 

22 Export Control Act (22 U.S.C. 2776). 

23 SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN. 

24 (a) STATE:\1ENT OF POLICY.-Notv,ithstanding the 

25 upgrade of Taiwan's F-16 AlB aircraft, Taiwan will expe-
42


82309c-16.eps

16 

nenee a growmg ~hortfall in fighter ain~raft, partienlarly 

2 as its F -5 aircraft are retired from service. 

3 (h) AUTHORITY To ACCEPT LETTER OF REQUE8T.-

4 Pursuant to thc forcign military sales program authorizcd 

5 by the Arms Export Control Act, the President is author6 izcd to acccpt a lcttcr of rcqucst from Taiwan for pricc 

7 and availability data or for a formal sales offer with re8 spect to the F-16CID Fighting Falcon llmltirole fighter 

9 aircraft or other aircraft of similar capability, as may be 

10 necessary to enable Taiwan to maintain a sufficient self11 llefen~e eapability. 

12 SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES. 

13 (a) DmRFTN<lS.-Not later than 90 days after the 

14 datc of thc cnactmcnt of this Act and at least anIlually 

15 thereafter, the Secretary of State, in consultation ~vvith the 

16 Seeretary of Defen~e, ~hall provide lletailed briefings to 

17 Congress on18 (1) any discussions on security matters con19 ductcd bctwccn any cxccutivc branch agcncy and thc 

20 Government of Taiwan during a covered period; and 

21 (2) any potential transfer to the Government of 

22 Taiwan of defense articles or defense services, lll23 cluding routine upgrades to or replacements of de24 fen~e arti(~le~ previou~ly transferrell by the 1~nited 

25 States to the Government of Taiwan. 
43


82309c-17.eps

17 

(1)) DEFINITIONS.-In thi8 seetion amI 8edjon 201: 

2 (1) COVERED PERIOD.-The term "covered pe3 rioll" mean8, ~with resped to4 (A) the initial briefing required under subS section (a), the period beginning on the date of 

6 the enactment of this Act and ending 011 the 

7 date of such initial briefing; and 

8 (n) subsequent briefings required under 

9 such subsection, the period beginning on the 

10 day after the date of the most recent briefing 

11 and ending on the date of any 8ueh 8ub8equent 

12 briefing. 

13 (2) EA'"RCTTTTVR BRANCH A<lENCy.-The term 

14 "executive branch agency" has the meani11g give11 

15 the term "agency" in section 551(1) of title 5, 

16 Unitell State8 Colle. 

17 (3) DEFEKSE ARTICLE.-The term "defense ar18 ticle" has the meaning given such term in section 47 

19 of the Arms Export Control Act (22 C.S.G 2794). 

20 (4) DEFENSE SERVICE.-The term "defense 

21 service" has the meaning given such term in section 

22 47 of the Arms E:Xllort Control Act (22 U.S.C. 

23 2794). 
44


82309c-18.eps

1M 

1 SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO 

2 TAIWAN. 

3 (a) IN GJ<;NJ<;l{AL.-!\ot latcr than 180 days aftcr thc 

4 date of the enactment of this Act and annually thereafter, 

5 the President shall transmit to Congress a report6 ( 1) detailing each of Taiwan's requests for pur7 chase of defense articles and defense sel\~ces during 

8 thc immcdiately prcccding ollc-ycar pcriod, whcthcr 

9 submitted through a letter of request (LOR) or con10 veyed hy other authoritative means, ex(~ept that the 

11 first rcport undcr this scctioll shall covcr thc pcriod 

12 2006 through 2012; 

13 (2) dcscribing thc dcfcnsc nccds asscrtcd by 

14 Taiwan as justification for such requests; 

15 (8) describing the decisionmaking process used 

16 to reject, postpone, or modify any such request, in17 cluding18 

19 

20 

21 

22 

23 

24 

25 

(A) \vith respeet to signifi(~ant milihny 

equipment, the country team assessment and 

recommendation as to whether the rnited 

Statcs should scll such cquipmcllt; and 

(D) for each request, the elapse of time between the sul11nisNion of su(~h reqneNt and the 

completion of the interagency review process by 

the United States: and 
45


82309c-19.eps

H) 

(4) lletailing tho~e defen~e artide~ and llefense 

2 services listed in the Arms Sale Proposal described 

3 in ~edjon 25 of the Arrn~ Export Control Ad (22 

4 U.S.C. 27(5), including a description of the rationS ale for including or not including in such Proposal, 

6 as the case may be, all sales and licensed exports to 

7 Taiwan under such Act of major weapons or weap8 ons-related defense equipment for $7,000,000 or 

9 more, and the extent to which a decision to not in10 clude in such Proposal such sales to Taiwan is con11 ~i~tent "\vith sneh ~edjon. 

12 (b) FORM.-The report required under subsection (a) 

13 shall be submitted in unclassified form, but may contain 

14 a classified annex if necessary. 

15 SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELA· 

16 TIONS ACT. 

17 (a) IN GENERAL.-Kot later than 180 days after the 

18 date of the enactment of this Act, the President shall sub19 mit to Congress a report on implementatioll of C Ilited 

20 States security policy under the Taiwan R.elations Act. 

21 (1) MATTERS To DE TNCT,Umm.-The report re22 quired under subsection (a) shall include, at a minimum, 

23 the following: 

24 (1) A review of the operational planning, poliey 

25 reviews, and other preparations of the United States 
46


82309c-20.eps

20 

Slllee 2000 to implement se(~tion 2 (h)( 6) and sub2 sections (a), (b), and (c) of section :3 of the Taiwan 

3 Relations A(~t, induding the e~i;ent to whieh the 

4 United States retains the capacity to resist any reS sort to force or other forms of coercion that would 

6 jeopardille the security, 01' the social or economic 

7 system, of the people of Taiwan. Such review shall 

8 take into account whether Taiwan's air and air de9 fense forces retain the ability to effectively defend 

10 Taiwan against China's ballistic missile and air 

11 threats, and the extent to whi(~h the absem~e of ered12 ible Taiwanese air defense forces lllay complicate the 

13 ability of the rnited States to resist any resort to 

14 force that jeopardilles the security of Taiwan. 

15 (2) An evaluation of all gaps in relevant knowl16 eclge ahout the eapabilities amI intentions of the 

17 People's Republic of China as such capabilities and 

18 intentions might affect the current and future mili19 tary balance between Taiwan and China, such as 

20 anti-access and area denial capabilities as well as 

21 anti-satellite and space warfare developments, in22 cluding both classified United States intelligence in23 formation and Chinese open source \vriting. 
47


82309c-21.eps

21 

(e) FORM.-The report required under ~ub~edion (a) 

2 shall be submitted in unclassified form, but may contain 

3 a da~sifiell annex if neee~sary. 

4 SEC. 206. NAVAL VESSEL TRANSFER AUTHORITY. 

5 (a) TR.ANSFER BY S,\TJK-The President is author6 illed to transfer the OLIVER HAZ111iD PERRY class 

7 guided missile frigates USS TAYLOR (FFG-50), USS 

8 GARY (FPG-51), rss CARR (FFG-52), and USS 

9 ELROD (1<'1<'G-55) to the Taipei Economic and Cultural 

10 Representative Office of the rnited States (which is the 

11 Taiwan instrumentality de~ignated pur~uant to ~eetion 

12 10(a) of the Taiwan Relations Act (22 U.S.C. 3:309(a))) 

13 on a sale basis under section 21 of the Arms Export Con14 trol Act (22 U.S.C. 27(-)1). 

15 (b) COSTS OF TR<L'JSFERS.-~iiny eAlJense incurred by 

16 the Unitell States in eonnedjon \vith a tran~fer authorized 

17 by this section shall be charged to the recipient notwith18 standing section 516 ( e) of the Foreign Assistance Act of 

19 19(-)1 (22 U.S.C. 2321j(e)). 

20 ( c ) REPAIR AKD R.EFl~RBISHMENT IK U ~ITED 

21 STATES STTTPYAR.DS.-To the maximum extent prac22 ticable, the President shall require, as a condition of the 

23 transfer of a vessel under this section, that the recipient 

24 to whiell the ve~~el i~ tran~ferred have suell repair or re25 furbishment of the vessel as is needed, before the vessel 
48


82309c-22.eps

22 

JOlllS the naval forees of that reeipient, performed at a 

2 shipyard located in the United States, including a rnited 

3 States Navy shipyard. 

4 (d) EXPlRA'l'lON 01<' ACTHORlTy.-'1'he authority to 

5 transfer a vessel under this section shall expire at the end 

6 of the 3-,Year period beginning 011 the clatc of thc CllRct7 ment of tIns Act. 

8 TITLE III-ECONOMIC AND 

9 TRADE RELATIONS 

10 SEC. 301. TRADE AND INVESTMENT FRAMEWORK AGREE· 

11 MENT. 

12 It is the sense of Congress that the United States 

13 Trade Representative should seek to fully utili7.e Trade 

14 and Investmcnt Ihamework Agreemcnt ('1'IPA) talks with 

15 Taiwan to address outstanding issues and restore con16 fiden(~e In Taiwan's (~OInrnitment to nondism'iminatory 

17 treatment of United States exports. 

18 SEC. 302. FREE TRADE AGREEMENT. 

19 It is the sense of Congress that at all appropriate 

20 time the lhnted States should seek the negotiation of a 

21 free trade agreement ,,~th Taiwan. As building blocks to22 ward that goal, the United States should study the feasi23 bility of negotiating with Taiwan a bilateral24 (1) investment agreement; and 
49

Chairman ROYCE. And after recognizing myself and the ranking 

member for brief remarks, I will be glad to recognize any other 

member seeking recognition to speak on this particular bill. 

As a strong supporter of U.S.-Taiwan relations and a cosponsor 

of this legislation, I would like to begin by expressing my appreciation to our chairman emeritus for authoring this good work. Taiwan, as you know, shares many common values with the United 

States, and earlier this year the ranking member and I traveled to 

Taiwan with a bipartisan delegation and discussed many of the 

issues that are addressed in this particular bill. 

Our relationship between this country and Taiwan is a cornerstone of U.S. foreign policy in the region, and this bill bolsters the 

U.S.-Taiwan diplomatic relationship and helps to ensure that Taiwan will be able to defend itself by authorizing the transfer of defensive military equipment. 

There is no better indicator of strong relations between countries 

than flourishing trade. The Taiwan Policy Act recognizes this by 

calling on the United States Trade Representative to quickly conclude the ongoing Trade and Investment Framework Agreement, 


82309c-23.eps 82309e.eps
50

the TIFA negotiations, with Taiwan and to begin negotiations on 

a bilateral free trade agreement with the country. 

Last month the President signed legislation passed by this committee to bolster Taiwan’s participation in the International Civil 

Aviation Organization. This bill is another positive step in our relationship, and I urge my colleagues to support the Taiwan Policy 

Act. 

And I now recognize the ranking member for his opening remarks. 

Mr. ENGEL. Thank you very much, Mr. Chairman. 

As you mentioned, you and I both traveled to Taiwan earlier this 

year, and I have always been bullish on the U.S.-Taiwan relationship. I have always been amazed at what the people of Taiwan 

have been able to accomplish. Their economy is something like 

18th in the world on a small, little island. And they have been good 

allies and friends of the United States, and I think that we should 

continue to do everything that we can do to strengthen them and 

make the relationship between the U.S. and Taiwan stronger than 

ever. 

This Taiwan Policy Act of 2013 is introduced by our colleague, 

Representative Ileana Ros-Lehtinen, and I support it wholeheartedly. It is intended to update and strengthen certain aspects 

of the U.S.-Taiwan relationship. It includes a provision that would 

allow senior leaders of Taiwan to visit the United States, and not 

just on so-called transit stops on the way to other countries. It is 

time that every Taiwanese official is accorded the respect that they 

deserve, and I feel very, very strongly about that. 

The legislation also maintains strong U.S. support for Taiwan’s 

meaningful participation in international organizations like the 

World Health Organization and the International Civil Aviation 

Organization. 

And finally the bill authorizes the President to make available to 

Taiwan a wide range of defense items and services in accordance 

with the Taiwan Relations Act, which governs relations between 

the United States and Taiwan. By strengthening Taiwan’s self-defense capability, the United States can help it to deter and defend 

against any possible attack. 

Make no mistake about it, everyone should know that the U.S.-

Taiwan relationship is unbreakable, and this legislation helps to 

cement that. This bipartisan legislation reinforces America’s strong 

support for Taiwan and the Taiwanese people, and I urge my colleagues to support it. 

I yield back. 

Chairman ROYCE. Thank you. 

I think our Congresswoman Ros-Lehtinen wanted to speak for a 

moment on this measure. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I would 

like to thank you and our esteemed ranking member for bringing 

up H.R. 419, the Taiwan Policy Act, to mark up this morning. 

I would also like to thank the cochairs of the Congressional Taiwan Caucus; our Foreign Affairs colleague, Albio Sires and, as well 

as, Gerry Connolly; and Mario Diaz-Balart and John Carter for 

their full support and in joining me in introducing this bill. 

51

Taiwan is an important ally and friend of the United States and 

should be treated as such. Our relations with Taiwan are stronger 

than ever, yet Taiwan faces a precarious situation as North Korea 

remains unpredictable, and China continues to ramp up its military presence in the region and pursue antagonistic policies in the 

Taiwan Strait and South China Sea. This bill sends our Taiwanese 

allies an important message. It shows them that the United States 

Congress deeply values our friendship with them, and that we will 

stand by their side in the face of Chinese aggression. 

This bill would further strengthen our relations by finally permitting senior Taiwanese leaders to meet with U.S. officials in all 

executive branches. Imagine that. It will also authorize the sale of 

much-needed F–16C/D fighter aircraft to the Armed Forces of Taiwan. China has been increasing its military spending at an alarming rate. We must not allow Taiwan’s defense capabilities to lag behind. So in an effort to not have that happen, this bill also authorizes the transfer of decommissioned class guided missile frigates to 

Taiwan. 

Mr. Chairman and Mr. Ranking Member, this bipartisan bill is 

not only good for our national interest, but it sends an important 

message to Taiwan that we value her friendship and will continue 

to stand by her side. 

I thank the gentleman for your consideration. 

Chairman ROYCE. Thank you. 

Do any other members wish to speak on this particular amendment? 

Mr. CHABOT. Mr. Chairman. 

Chairman ROYCE. We will go to this side and Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Mr. Chairman, thank you, you and also our 

senior ranking member, for not only your support, but for your 

leadership and endorsement of this proposed legislation. 

I particularly want to thank also the chairman of our subcommittee. Chairman Chabot and I, we also recently had the privilege of visiting Taiwan and visiting and meeting with President Ma 

and some of the high officials there of their government, and wanted to reassure them of our absolute support and our bilateral relationship. 

I think we need to be reminded of the fact that Taiwan was the 

most critical issue which led to President Nixon’s historical visit in 

1972, changing liberty, the whole course of history in terms of our 

relationship then with the two powerful countries of the Soviet 

Union as well as China. 

I think it is important to note also that Congress passing the 

Taiwan Relations Act of 1979 was very, very critical. It is the chief 

cornerstone of our entire bilateral relationship with Taiwan, dealing both with economic as well as security issues. 

And I wanted just to note also that recently we had the—I had 

the privilege of introducing the South China Seas resolution and 

wanted to give notice to our friends of the People’s Republic of 

China about our concerns in what is happening in that region. We 

all know the threats and the fact that some 1,600 ballistic missiles 

are pointed from China toward Taiwan, and in terms of our concerns in making sure that Taiwan is given whatever capabilities as 

52

far as military efforts to defend itself against enemies, that it is 

just as well also our responsibility. 

I think we need to be reminded that Taiwan is a beacon of democracy, a classic example where countries in this important region of the world need to look at the example that the people of 

Taiwan are able to live as a free people and in a way that their 

elections and everything are second to none in terms of the freedoms that they enjoy. 

And with that, Mr. Chairman, again, I want to really commend 

the gentlelady from Florida for her leadership, her initiative, and 

her passion in support of the people and the leaders of Taiwan, and 

I want to assure her of my absolute support of this proposed 

amendment in the form of a substitute, and I ask that our colleagues support this legislation, and I yield back. 

Chairman ROYCE. Thank you. 

I believe Mr. Chabot wanted to speak, chairman of the Asia Subcommittee, and I think he conducted the markup at subcommittee 

level on this legislation. 

Mr. Chabot. 

Mr. CHABOT. Thank you, Mr. Chairman. 

I want to thank Mr. Faleomavaega. As he indicated, we traveled 

to Taiwan earlier this year and it was a very productive trip. We 

have had a tremendous working relationship, and I thank him for 

that. As he mentioned, we did have the opportunity to meet with 

President Ma. We also met with former President Chen and we 

certainly hope the issue is resolved sometime in the very near future. 

I strongly support the Taiwan Policy Act and I commend Chairman Ros-Lehtinen for her hard work on this issue. I am not going 

to repeat everything that I said during our Asia Subcommittee 

markup, but I do want to recognize the strong relationship, as has 

already been indicated here, between the United States and Taiwan. Taiwan is a democracy. It is a loyal friend and ally of the 

United States and it deserves to be treated as such by the United 

States Government. 

The legislation before us this morning addresses a number of important issues and in the interest of time, I will highlight just a 

couple. First, the Taiwan Policy Act would authorize an arms sale 

package that is long overdue, a package including, as Ms. RosLehtinen indicated, the F–16C/D, which would provide a very important security blanket to Taiwan as it faces potential aggression 

from the PRC. 

The legislation also addresses an issue that I have been speaking 

out about for many years now—the issue of high-level visits by 

high-ranking Taiwanese officials. Our current policy is insulting to 

our Taiwanese friends and it sends the wrong message to all our 

allies. A change in U.S. policy is long overdue, and this legislation 

moves us toward that goal. 

Some years ago when President Chen visited the United States, 

about 25 Members of this body, after votes on a Monday evening, 

flew up to New York City to meet with the President because he 

couldn’t come to Washington, DC. It makes absolutely no sense. On 

another occasion I visited with the Foreign Minister when he was 

a member of the Legislature here in Washington. He was apVerDate 0ct 09 2002 13:36 Sep 17, 2013 Jkt 000000 PO 00000 Frm 00056 Fmt 6633 Sfmt 6633 F:\WORK\_FULL\080113M\82309 HFA PsN: SHIRL
53

pointed Foreign Minister about 3 weeks later and I had to go to 

Baltimore to visit with him because he could no longer come to 

Washington, DC, even though he had a home on the outskirts of 

Washington. 

It makes absolutely no sense, and it ought to be changed. It is 

long overdue and I appreciate Ms. Ros-Lehtinen addressing this in 

the legislation. I yield back the balance of my time. 

Chairman ROYCE. Mr. Ted Deutch. 

Mr. DEUTCH. Thank you, Mr. Chairman. 

Thank you to Chairman Emeritus Ros-Lehtinen for this legislation that reaffirms the special relationship between the United 

States and Taiwan. Since Congress first passed the Taiwan Relations Act in 1979, there has been overwhelming support for the 

strategic and economic relationship between our two countries. Taiwan is the United States’ eighth largest trading partner with trade 

totaling $60 billion annually. 

Taiwan has provided a reliable partner and ally for the United 

States in the Pacific, but as we confront various regional challenges 

and changing dynamics, this is a relationship that needs a longterm strategic vision. The United States will continue to support 

Taiwan’s strategic needs, and I hope that in time we will see the 

delivery of the F–16C/Ds to Taiwan. 

There is no doubt this island nation plays a vital role in the 

world’s economy and deserves a place in the international community. Taiwan’s ability to participate in the international fora is consistently hindered, and the United States must continue to work to 

ensure that Taiwan receives observer status in various U.N. bodies 

like the International Aviation Organization and the World Health 

Organization. 

Perhaps most importantly, we will continue to support—we will 

continue to cement the strong and vibrant relationship between the 

American people and the people of Taiwan. 

Thank you, Mr. Chairman, and I yield back. 

Chairman ROYCE. Mr. Matt Salmon of Arizona. 

Mr. SALMON. Thank you, Mr. Chairman. 

From 1977 to 1979, I was privileged to be a missionary for my 

church in Taiwan, and I lived in the southern part of the country. 

I learned the Chinese language, and I learned that the people of 

Taiwan are a freedom-loving people, hard-working people that feel 

very, very strongly about their relationship with the United States. 

In fact, many, many times they mentioned to me how welcome I 

was, being from Arizona, because Barry Goldwater, who was our 

Senator at the time, was referred to as ‘‘Mr. Taiwan’’ because of his 

immense support for Taiwan. 

I was also there in 1979, living there, when Jimmy Carter normalized relations with China and severed diplomatic ties with Taiwan, and I have got to tell you, a lot of those folks were very disspirited, and they felt like at that time maybe the United States 

was walking back from its friendship and its commitment to one 

of the strongest allies that we have had, probably next to Israel the 

strongest ally that the United States has had. And we shared with 

them that that doesn’t do anything to diminish the strength and 

the commitment of the United States, and they were patient, they 

stayed with us. 

54

Then came the Taiwan Relations Act that very, very strongly 

said that we would stand by Taiwan, and if a crisis happened in 

that region of the world, that we would stand by them as strong 

allies, as we always have done. 

Fast forward a little bit, and I was privileged to be there at the 

swearing-in of Lee Teng-Hui. He was the first freely elected President from that region of the world in I don’t know how many decades, but what a wonderful experience that was. And as I watched 

that budding democracy unfold in Taiwan, it couldn’t help but 

bring tears to my eyes, but joy to my heart to see them, like we 

did over 200 years ago, try a new experiment, a new way of doing 

things. 

As I watch what is going on in Taiwan, and I see their continued 

love of freedom, and I watch as we on this panel express all the 

time that this relationship with Taiwan is one that will stand the 

test of time, it makes me feel really good. 

I think about the future of the eastern part of the Hemisphere, 

and I think that Taiwan is a wonderful example, I believe, for the 

rest of that region to follow. Ultimately, I believe in our lifetime, 

Mr. Chairman, they will lead the way to big, big reforms, I believe, 

on Mainland China. Mainland China has accepted economic freedom, but I think that, as we all realize, economic freedom just is 

the precursor to the other liberties and the freedoms we enjoy, and 

I believe that if we stand by Taiwan, and we keep them strong, ultimately it is going to not just be to the U.S.’s advantage, but to 

the entire world’s advantage. 

And I want to let the entire world know, but especially Taiwan, 

I would like to be considered one of their best friends as you, Mr. 

Chairman, and Ileana Ros-Lehtinen, and Mr. Rohrabacher, and 

many on this panel. I want to express my undying support for that 

wonderful democracy, and I am proud to be a cosponsor of this legislation, and I enthusiastically support what we are doing today. 

And I yield back the balance of my time. 

Chairman ROYCE. Thank you, Mr. Salmon. 

We go to Mr. Gerry Connolly of Virginia. 

Mr. CONNOLLY. Thank you, Mr. Chairman. 

Mr. Chairman, I am also proud to cosponsor this legislation, and 

I thank you and the ranking member for bringing it up this morning. I am also proud to serve as the cochair of the Taiwan Caucus 

here in Congress. I have had the privilege—I didn’t go there for my 

church, Mr. Salmon, but I have been to Taiwan 23 times. I started 

out originally as an Eisenhower fellow back in 1988 and have seen 

enormous progress in Taiwan, including democratization, 

inclusivity in terms of political participation, freedom of thought, 

freedom to organize and the like, and it is very heartening. And I 

hope it serves as a model for its big neighbor in the mainland. 

What is important, it seems to me, in this relationship is that 

the United States be clear and steadfast in the signals and actions 

it takes with respect to the defense of Taiwan and our commitment 

to the Taiwan Straits. Whatever happens in that part of the world 

must be done peacefully and consensually, and it will not be done 

by force, and the United States is prepared to keep that commitment pursuant to the Taiwan Relations Act and its long-standing 

commitment to the people of Taiwan. I think that is really a very 

55

important message, and I think that message is reaffirmed with 

the legislation we are adopting today. 

So, again, I thank you, and I yield back the balance of my time. 

Chairman ROYCE. Any other members seeking recognition? 

Well, hearing no further requests for recognition, are there any 

amendments to the base text? 

Hearing no further amendments, the question occurs on agreeing 

to the base text; namely, the Ros-Lehtinen amendment in the nature of a substitute, as amended. 

All those in favor, signify by saying aye. 

All those opposed, no. 

In the opinion of the Chair, the ayes have it, the base text is 

agreed to, and, without objection, the underlying bill, H.R. 419, as 

amended, is agreed to, is ordered favorably reported, and will be 

reported as a single amendment in the nature of a substitute. Also 

without objection, the staff is directed to make technical and conforming changes, and the Chairman is authorized to seek House 

consideration of this measure under suspension of the rules. 

Moving on, the Chair now calls up the bill H.R. 2848, the Department of State Operations and Embassy Security Act for Fiscal Year 

2014. Without objection, the bill is considered read and open for 

amendment at any point. 

As all officers were previously notified, I will now call up the bipartisan manager’s en bloc, and then we will recognize first myself 

and then the ranking member and any other members wishing to 

speak on the bill or to speak on the en bloc components of the 

measure. 

Without objection, the following amendments previously provided 

to all members and which you have in front of you will be considered en bloc: Keating amendment number 8, Cicilline amendment 

23, McCaul amendment 30, Marino amendment 27, Stockman 

amendment 8, Smith amendment 33, the amendment to section 

103 offered by Mr. Cicilline and Ms. Bass, amendment 18 offered 

by Mr. Perry and Ms. Meng, the Grayson amendment 197, Duncan 

amendment 23, the Royce amendment 49. 

[The information referred to follows:]

56


82309f-1.eps

1131'11 CONGRESS 

1ST SBS810N H.R.2848 

To allthorize appropriations for the DepartmenL of State for fiscal year 

2014, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY :30, 201:3 

Mr. ROYCE (for himself and ]\ir. ENGEL) inLroduced Lhe following' bill; which 

was referred to t.he Committee on Foreign Affairs 

A BILL 

To authorize appropriations for the Department of State 

for fiscal year 2014, and for other purposes. 

1 Be d enacted by the Senate and Hou.<:e of f(p·nr'!(;RPni,1.-

United States I\·VI!'U'·,V·U'I< in Congress assembled. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Department of State 

5 Operations and Embassy Security Authori~ation Act, Fis6 cal Year 2014". 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

See. 2. Table oL' eOlltent~L 

See. H. Al'l'ropria I.e eongres,ional cOllllni1.1.e8~ defined. 

TITLE I-AUTHORIZATION OF APPROPRI.A.TIONS 
57


82309f-2.eps

Sec. 101. Administration of foreign affairs. 

Sec. 102. Contributions to international organizations. 

See. 10:i. Com.rihut.ions for interllRtional peacf:kpeping activities. 

See. 104. Int.ernational commissions. 

See. lOG. Nalional Bm!owmeni. for Demor;raey. 

Sec. 

Sec. 

Sec. 

Sec. 

TITLE II-DEPARTMENT OF STATE AUTHORITIES A""TD 

ACTIVITIES 

201. 

202. 

203. 

204. 

Subtitle A-Basic' Authorities and Ac·t.ivit.ies 

Recouping' costs of international dispute arbit.ration. 

Foreign Service Act of 1980. 

Center for strategie counterterrorism communications of the Department of State. 

Anti-piracy information sharing. 

Subtitle B-Cunsular Seniees and R.elated Matt.ers 

Sec. 211. E,,'tension of authority t<) assess passport surcharge. 

Sec. 212. Border crossing' card fee for minors. 

Subt.itle Co-Reporting Requirpment.s 

See. 221. Report.ing reform. 

TITLE III-ORG-A""TIZATION Al'JD PERSONNEL AUTHORITIES 

Sec. 301. Suspension of forcig11 service members without pay. 

Sec. ;~;02. Rpppal of re{,f'11ifieation l"P(plirelnent for ~f'nior foreign sprviep. 

See. :-lO:-L Limiter! R.ppointmpllt.~ in the foreign sel'viee. 

See. :-304. Limitat.ioll"'[ [-.omp811~at..,l'y lime olT fnxo travel. 

See ;~05. DepadrnE'nL of' StaLe or-ganizaLion 

See. :306. Choer~eas (·.ornparabilit.y pay lirnitat.iun. 

TITLE IV-E)IDASSY SECURITY AND PERSOJ\'NEL PROTECTIO""T 

Subtitle A-Eeview and Planning Eequirements 

Sec. 411. Designation of high risk. high threat posts and working groups. 

Sec. 412. Contingency plans for hig'h risk. high threat posts. 

Sec. 413. Strategic review of Bureau of Diplomatic Security. 

See. 421. 

See. 422. 

See. 423. 

S('{' 424. 

Sec. 425. 

Sec. 426. 

Sec. 427. 

Sec. 431. 

Sec. 432. 

Subt.it.le B-Phy~i"al Seenrit.y am] Personnel EerlUil'etrlf'nts 

Capital seeurity eost sharing program. 

Loeal guard eontraets abroad under diplomatie sel.'lu1.ty program. 

Transfer authority. 

Secm1.ty enhancements for soft targ·et.s. 

Reemployment of annuitants. 

Sense of CongTess regarding' minimum securit.y standards for temporary United States diplomatic and consular posts_ 

Assignment of personnel at high risk, high threat posts. 

Subtitle C-Seeurity Training 

Secm1.ty training for personnel assigned to high 11.8k. high threat 

posts. 

Eeport to Congress_ 
58


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.. .) 

Subtitle D-Expansion of the Marine Corps Security Guard Detachment 

Progrnlll 

See. ,HI. Marine Corps Security Guard I'rogTam. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as othervvise provided in this Act, the term 

4 "appropriate eongressional eommiUees" means the ComS mittee on f1l

oreig11 Affairs of the House of Representatives 

6 and the Committee on Foreig1'l Relations of the Senate. 

7 TITLE I-AUTHORIZATION OF 

8 APPROPRIATIONS 

9 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

10 The following amouuts are authoriz;ed to be appro11 priated for the Department of State under "Aclministra12 tion of Foreign Affairs" to earry out the authorities, fune13 tiolls, duties, and respollsibilities in the conduct of foreign 

14 affairs of the United States, and for other purposes au15 thorized by law: 

16 (1) DIPLOl\HTIC A~~D CONSULAR PROGRXl\IS.-

17 For "Diplomatic and ConsLuar Programs", 

18 $8,481,854,000 for fiscal year 2014. 

19 (A) BUREAr OF DEMOCRACY, nUlVLL'J 

20 

21 

22 

23 

RIGHTS, A..'I,TJ) LABOR.-Of such amounts, not 

less th3.11 $2(j,8:3D,OOO for fisc-a] year 2014 is 

authorized to be appropriated for the Bureau of 

Democracy, Human Rights and Labor. 
59


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4 

1 (n) \VORLD\\TJDE SECURITY PROTEC2 TION.-Of sueh amounts, not less than 

3 $2,lH2,U5,OOO for fiscal year 2014 ifi author4 ized to be appropriated for worldwide security 

5 protection. 

6 (2) CAPITAL Il\\TESTl\IEKT FUKD.-For "Cap7 ital Investment Fund", $76,900,000 for fiscal year 

8 2014. 

9 (3) EDUCATIONAL A~~D C1;LTURAL EXCHAKGE 

10 PROGRAI\IS.-For "Edueational and Cultural Ex11 change Programs", $5:35,000,000 for fisea] year 

12 2014. 

13 (ile) COKFLICT STABILIZ~~TIO~ OPERATIO~S.-

14 (A) IN GE~ERllL.-}1'or "Conflict Stahiliza15 tion Operation:s", $45,207,000 for fi:seal year 

16 2014. 

17 (n) TR~'J'\SFER.-Subjeet to subparagraph 

18 (C) of this paragraph, of the amount authorized 

19 to be appropriated pUrSUallt to paragraph (1), 

20 up to $35,000,000 is authorized to be trans21 felTed to, and merged with, the amount speci22 fled ill subparagrapll (A) of this paragraph. 

23 (C) )JOTIFIC~~TION.-If the Secretary of 

24 State exercises tl1e transfer authority deseribed 

25 in suhparagraph (E), the Secretary shall notifY 
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82309f-5.eps

5 

1 the Committee on Foreign Affairs and the 

2 Committee on Appropriations of the House of 

3 Representatives 1md the Committee on l,loreign 

4 Relations and the COlmnittee on Appropriations 

5 of the Senate. 

6 (5) REPRESENT~~TIO~ ~ALLmYANCES.-For 

7 "Representation Allmvances", $6,933,000 for fiscal 

8 year 2014. 

9 (6) PROTECTION OF FOREIGN MISSIOKS Al"lD 

10 OFFICIALS.-For "Protection of Foreign Missions 

11 and Offieials", $27,750,000 for fiscal year 2014. 

12 (7) EMERGE~CmS 1K THE DIPLOlV1ATIC AND 

13 CO~SULAR SERV1CE.-For "Emergencies in the Dip14 lomatic and Consular Service", $D,07:1,OOO for fiscal 

15 year 2014. 

16 (8) RBJPATH.U'1'lOJ\ LOlli'\lS.-For "Repatriation 

17 Loans", $1,374,000 fOT fiscal year 2014. 

18 (9) PAY:.vIE~T TO THE AJ\mR1C~'h~ INSTITUTE I~ 

19 TAIWAN.-

20 (A) IN GENER~'lL.-For "Payment to the 

21 Ameriean Institute ill Taiwan", $21,778,000 

22 for fiscal year 2014. 

23 (B) TR~'l:.~SFER.-Subject to subparagraph 

24 (C) of this paragTaph, of the amount authori7.ecl 

25 to be appropriated pursuant to paragraph (1), 
61


82309f-6.eps

6 

1 up to $15,300,000 IS authorized to be trans2 ferred to, and merged with, the amount spe(',i3 fied in subparagraph (A) of this paragraph. 

4 (C) ~OTIFICATION.-If the Secretary of 

5 State exercises the transfer authority described 

6 in subparagraph (B), the Secretary shall notifY 

7 the Committee on Foreign Mfairs and the 

8 Committee on Appropriations of the House of 

9 Representatives and the Committee on Foreign 

10 Relations and the Committee on Appropriations 

11 of tlle Sellate. 

12 (10) OFFICE OF THE INSPECTOR GK'illRAL.-

13 For "Office of the Inspector General", 

14 $l1B,05(i,OOO for fiReal year 2014, including for the 

15 Spc(',.ial Inspedor General for Iraq Reeonstrudion 

16 aud the Special Inspector General for ~Afghanistall 

17 I{econstruction, notwithstanding section 209(a)(1) of 

18 the Foreig:n~ Servi(',e Ad of 1980 U.S.C. 

19 3929(a)(1)) as snch section relates to the inspection 

20 of the administration of activities and operations of 

21 each Foreign Service post. 

22 (11) INTF:R:-.JATTONATJ CHANCF:RY CF:NTF:R.-

23 For "International Chancery Center (ICC)", 

24 $5,4::iO,000 for fiscal year 2014. 
62


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7 

1 (12) El\ffiASSY SECURITY, CONSTRUCTION AND 

2 l\LiUNTENA~~CE.-For "Embassy Security, Construc3 tion and ~vlaintenance", $2,G4D,:-l:51,OOO for fiscal 

4 year 2014. 

5 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA6 TIONS. 

7 There are authorized to be appropriated for "Con8 tributi011S to International Organi7:ations", 

9 $1,400,000,000 for fiscal year 2014, for the Department 

10 of State to carry out the authorities, functions, duties, and 

11 responsibilities in the conduct of the foreign affairs of tlle 

12 United States vvith respect to international organizations 

13 and to carry out other authorities in law consistent with 

14 such pUll10ses. 

15 SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL PEACE16 KEEPING ACTIVITIES. 

17 There are authorized to be appropriated for "Con18 tributions for International Peacekeeping Aetivities" , 

19 $1,942,000,000 for fiscal year 2014 for tlle Department 

20 of State to carry out the authorities, functions, duties, and 

21 responsibilities of the United States with respect to inter22 national peacekeepillg activities and to carry out other a11-

23 thorities in law- consistent with such purposes. 
63


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8 

1 SEC. 104. INTERNATIONAL COMMISSIONS. 

2 The following amounts are authorit';ed to be appro3 priated under "Internatiollal Commissions" for tlle De4 partment of State to carry out the authorities, functions, 

5 duties, am] responsibilities in the conduct of the foreign 

6 affairs of the United States and for other pUlTJoses author7 ized by law: 

8 (1) IN'I'RRNA'fTO'.JAT, ROU'.JDARY AND vYAl'F:H 

9 CO}IMISSION, U~TITED STATES &~D lVIEXICO.-For 

10 "International Boundary and \Vater Commission, 

11 United States and Mexico"-

12 (A) for "Salaries and EA~enses" , 

13 $4,±,722,000 for fiscal year 2014; and 

14 (B) for "Construction", $:11,400,000 for 

15 fiscal year 2014. 

16 (2) TN'J'rJRl'\A'I'IONAI, BOUNDARY CCLVllVIISSIOl'\, 

17 UKITED STATES £\l~D C~tLNADA.-For "International 

18 Boundary Commission, United States and Canada", 

19 $2,44~),OOO for fisc-al year 2014. 

20 (3) I'.JTERNATIOKAL JOIKT C01\;fl\IISSION.-For 

21 "International ·Joint Commission", $7,012,000 for 

22 fiscal year 2014. 

23 (4) INTERKATIORbL FISHERIES COMMIS24 SlO"ls.-For "Iuternational Fisber-ies Commissions", 

25 $31,445,000 for fiscal year 2014. 
64


82309f-9.eps

9 

1 (5) BORDER El\iv-:InOKMENT COOPERATION Co:YI2 MISSIOK.-For "Border Environment Cooperation 

3 CommiRsion", $2,:iHG,OOO for fiRcaJ year 2014. 

4 SEC. 105. NATIONAL ENDOWMENT FOR DEMOCRACY. 

5 There are authoriL'.ed to be appropriated for the "Na6 tional Endowment for Democracy" for authorized activi7 ties $117,764,000 for fiscal year 2014. 

8 TITLE II-DEPARTMENT OF 

9 STATE AUTHORITIES AND AC10 TIVITIES 

11 Subtitle A-Basic Authorities and 

12 Activities 

13 SEC. 201. RECOUPING COSTS OF INTERNATIONAL DISPUTE 

14 ARBITRATION. 

15 Paragnlph (:3) of seetion 38(d) of the State Depart16 meut Basic Authorities Act of 1956 (22 U.S.C. 2710(d)) 

17 is alnended by striking "by the Department of State from 

18 another agency of the United States Government or pur19 SHant to" and insertillg "by the Department of State as 

20 a result of a decision of an international tribunal, from 

21 another agency of the l~Hited States Govermnent, or pur22 suant to". 

23 SEC. 202. FOREIGN SERVICE ACT OF 1980. 

24 Section 501 of tlle Foreign Service Act of 1980 (22 

25 U.S.C. :i9H1) is amended by inserting "If a position des-
65


82309f-10.eps

10 

1 ignated under this section is unfilled for more than one 

2 single assignment eyele, suell position shall be filled in ae3 eordance with Reetion :30:3 or :309, ilR appropriate, of the 

4 Foreign Service Act of 1980 (22 U.S.C. 3943 and 3949)." 

5 after "Positions designated under this section are excepted 

6 from the competitive service.". 

7 SEC. 203. CENTER FOR STRATEGIC COUNTERTERRORISM 

8 COMMUNICATIONS OF THE DEPARTMENT OF 

9 STATE. 

10 (a) STATEMEKT OF POLICY.-i~.s artieulated in Exee11 utive Order 1 :3;384, issued 011 September 9, 2011, it is tlle 

12 policy of the United States to actively counter the actions 

13 and ideologies of al-Qa'ida, its affiliates and adherents, 

14 other terrorist organizations, and violent extremiRts over15 seas that threaten the interests and national seeurity of 

16 the ruited States. 

17 (b) EST"illLISIIMENT OF CENTER FOR STR~~TEGIC 

18 CorNTERTERRORISl\i COl\IMUNICATIONS.-There is au19 tllOrized to be established w"ithin tlle Department of State, 

20 under the direction of the Secretary of State, the Center 

21 for Strategic Couuterterrorism Communications (in this 

22 section referred to as the "CRee"). 

23 (c) l\1:rSSIOK.-The CSCC may coordinate, orient, 

24 and inform (Jovernment-,;v'ide public communications ac25 tivities directed at audiences abroad and targeted against 
66


82309f-11.eps

11 

1 violent ex'ireTnists and terrorist organizations, especially 

2 al-Qa'ida and its affiliates and adherents. 

3 (d) COORDINATOR OF THE CEKTER FOR 8TR1\TEGIC 

4 CncNTERTERR.0RISlV[ COl\:IlVIUNIC~~TIO:.JS.- The head of 

5 the csec should be the Coordinator. The Coordinator of 

6 the CSCC should7 (1) report to the Under Secretary for Public 

8 Diplomaey and Publie Affairs; and 

9 (2) eollaborate ,vith the Bureau of Counterter10 rorism of the Department of State, other Depart11 ment bureaus, and other Ullited States Government 

12 agencies. 

13 (e) DUTIES.-The CSCC may14 (1) monitor and evaluate extremist narratives 

15 and event::;; abroad that are relevant to the devclop16 meat of a ruited States strategic counterterrorism 

17 narrative designed to eounter violent extremism and 

18 terrorism that threaten the interests and national 

19 seem-ity of the rnited States; 

20 (2) develop and promulgate for use throughout 

21 the exeeutive hraueh the rllited States strategie 

22 counterterrorism narrative developed in accordance 

23 with paragraph (1), and public eommunieations 

24 strategies to eounter the messaging of ,~olent ex-
67


82309f-12.eps

12 

1 tremists and terrorist organizations, especially al2 Qa'ida and itlS affiliates and adherent IS; 

3 un identifY current and emerging trends in ex4 t1'em1st conununications and communications by alS Qa'ida and its affiliates and adherents ill order to 

6 coordinate and provide guidance to the United 

7 States Government regarding how best to proactively 

8 promote the Ullited States strategic counterter9 1'o1'ism narrative developed in accordance with para10 graph (1) and related polieielS, and to relSpond to and 

11 rebut extremist messaging and narratives when com12 municating to audiences outside the United States; 

13 (4) faeilitate the use of a wide range of commu14 nications technologies by sharing e)qlertise and best 

15 practices among United States Government and non16 Government soarees; 

17 (5) identifY and request relevant information 

18 from United StatelS Government agencies, including 

19 intelligenee report.ing, data, and analysis; 

20 (6) identify shortfalls in United States capabili21 ties in any areas relevant to the CSCC's mission, 

22 and recommend necessary enhancemellts or chall ges; 

23 and 
68


82309f-13.eps

I " oJ 

1 (7) establish measurable goals, performance 

2 metrics, and monitoring and evaluation plum; to 

3 focus on learning, aceountahility, and policyrnaking. 

4 (f) STEERING CmmIITTEE.-

5 (1) IN GE:\1Hi&~L.-The Secretary of State may 

6 establish a Steering Committee composed of senior 

7 representatives of United States Government agen8 cies relevant to the CSCC's mission to provide aclvice 

9 to the Secretary on the operations and strategic ori10 entation of the CSCC and to ensure adequate 8Up11 port for the CSCc. 

12 (2) MEETIKGS.-The Steering Committee 

13 should meet not less often than once every SLX 

14 months. 

15 (3) LRADERSHIP.-The Steering' Committee 

16 should be chaired by the Under Secreta.ry of State 

17 for Public Diplomacy. The Coordinator for Counter18 terrorism of the Department of State should serve 

19 as Vice Chair. The Coordinator of the CSCC should 

20 serve as Executive Secretary. 

21 (,1) COlVLP08lTlON.-

22 

23 

24 

25 

(A) IN GRNRRAh-'l'he Steering Committee may include one senior representative 

designated by the head of eaeh of the follow-ing 

agencies: 
69


82309f-14.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

14 

(i) The Department of Defense. 

(ii) The Department of ,Ju:stiee. 

(iii) The Department of Homeland 

Security. 

(iv) The Department of the Treasur~y. 

(v) The National Counterterrorism 

Center of the Office of the Director of K ationa] Intelligence. 

(vi) The Joint Chiefs of Staff. 

(vii) The Counterterrorism Center of 

the Central I ntelligence Agenc~y. 

(viii) The Broadcasting Board of Governo!"s. 

(ix) The Agency for International Development. 

(B) ADDITIONAL REPH.JjJ8IL~TA'l'lON.-R,epresentatives from United States Government 

ageneie:s not :specified in :subparagTaph (A) may 

19 be invited to pmi.icipate in the Steering Com20 mittee at the discretion of the Chair. 

21 SEC. 204. ANTI-PIRACY INFORMATION SHARING. 

22 The Secretary of State is 3utllori?;ed to provide for 

23 the participation by the United States in the Information 

24 Sharing Centre located in Singapore, as established by tlle 
70


82309f-15.eps

15 

1 H,egional Cooperation Agreement on Combating Piracy 

2 and Armed Robbery against Ships in Asia (ReCA~P). 

3 Subtitle B-Consular Services and 

4 Related Matters 

5 SEC. 211. EXTENSION OF AUTHORITY TO ASSESS PASSPORT 

6 SURCHARGE. 

7 ParagTaph (2) of section l(b) of the Act of June 4. 

8 1920 (41 Stat. 750; chapter 223; 22 U.S.C. 214(b)). 1S 

9 amended by striking "2010" and inserting "2016". 

10 SEC. 212. BORDER CROSSING CARD FEE FOR MINORS. 

11 Sertioll 41 O(a)( 1 )(A) of the Departmel1t of State and 

12 Related Agencies Appropriations Act, 1999 (contained in 

13 divisioll A of Public Law 105-277) is amended by striking 

14 "a fee of $1 if' and im;erting "a fee equal to one-half the 

15 fee that would othenvise apply for proeessing a machine 

16 readable combilled border rl"OSsillg identifiration ranI and 

17 nonimmigrant 'visa". 

18 

19 

Subtitle C-Reporting 

Requirements 

20 SEC. 221. REPORTING REFORM. 

21 (a) I\l GE~ERAL.-The following IH'OVISlOllS of law 

22 are repealed: 

23 (1) Subsections (c)(4) and (c)(5) of section 601 

24 of Public TJaw 96-465. 

25 (2) Section 5S5 of Public Law 104-20S. 
71


82309f-16.eps

16 

1 (3) Subsections (b) and (c) of section 11 of 

2 Public Law 107-2i15. 

3 (4) Section un of PuI,lie Law 102-V~H. 

4 Section 1012(c) of Public Law 103-337. 

5 (6) Section 527(f) of Public Law 103-236. 

6 (7) Section 304(f) of Public Law 107-173. 

7 (8) Section 4(b) of Public Law 79-264. 

8 (9) Sections 3202 and 3204(f) of Public Tjaw 

9 106-246. 

10 (b) COWORlYII.:.JG AMENDl\1:EKT.-Section 11 of Pub11 lic Imyv 107-245 is amended by striking "(a) IN GRN12 ERAL.-". 

13 (c) R.EPORT ON I~J\TITED STATES COKTRIBUTIOKS TO 

14 THE UNITED NATIOKS.-

15 (1) I.:.J GENERAL.-Not later than 90 days after 

16 the date of the enactment of this Act and annually 

17 thereafter, the Director of the Office of Management 

18 and Budget shall submit to Congress a report on all 

19 assessed and voluntary eontributiolls, includillg in20 kind, of the United States Government to the United 

21 K atiolls and its affiliated agencies and related bodies 

22 during tlle previous fiscal year. 

23 CONTENT.-Each report required under 

24 suhsection (a) s11a11 inc~lude tl1e follmving elements: 
72


82309f-17.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

17 

(A) The total amount of all assessed and 

voluntary eontrilmtions, ine.luding in-kind, of 

the United States Government to the United 

Nations and its affiliated agencies and related 

bodies during the previous fiscal year. 

(E) The approximate percentage of United 

States Government contributions to each 

rllitecl Katiolls affiliated agency or related 

body in such fiscal year when compared with all 

eontributions to eaeh sueh ageney or body from 

any source in such fiscal year. 

(C) For each such United States Government contributioH-

(i) the amount of the contribution; 

(ii) a description of the contribution 

(including \vhether assessed or voluntary); 

(iii) the department or agency of the 

United States Government respom;ible for 

the cOlltribution; 

(iv) the purpose of the contribution; 

and 

(v) the Cllited Nations or its affiliated 

agency or related body receiving the contribution. 
73


82309f-18.eps

18 

1 SCOPE OF I.:-.lITIAL I\,EPORT.-The first report re2 quired under suh,;eetion (a) shall include the information 

3 required under this Rection for the previouR three fiRcal 

4 years. 

5 (e) PUBLIC AVAlLABILl'l'Y O~' IN~'Ol:tlVL~'1'lOl\.-Kot 

6 later than 14 days after submitting a report under sub7 section (a), the Director of the Office of Managenlent and 

8 Budget shall post a public version of such report on a text9 based, searchable, and publicly available Internet \Veb 

10 site. 

11 TITLE III-ORGANIZATION AND 

12 PERSONNEL AUTHORITIES 

13 SEC. 301. SUSPENSION OF FOREIGN SERVICE MEMBERS 

14 WITHOUT PAY. 

15 (a) SUSPENSION.-Seetion 610 of the Foreigl1 Serv16 iee Aet of 1980 (22 U.S.C. ,1010) is amended by adding 

17 at the end the following new subsection: 

18 "(c)(l) In order to promote the effieieney of the Serv19 ice, the Secretary may suspend a member of the Foreign 

20 Service vvithout pay when the member's security clearance 

21 is suspended or when there is reasonable cause to believe 

22 tl1at the member has committed a crime for whicl1 a sen23 tence of imprisonment may be imposed. 
74


82309f-19.eps

19 

1 "(2) Any member of the Foreign Service for whom 

2 a suspem;ion is proposed in 3eeordance with paragraph (1) 

3 shall he entitled to4 "(A) written notice stating the specific reasons 

5 for the proposed suspension; 

6 "(B) a reasonable time to respond orally and in 

7 writiug to the proposed suspension; 

8 "(C) representation by an attorney or otller 

9 representative: and 

10 "(D) a final vvritten deeision, including the speII cific reasons for sncll decision, as soon as prac12 ticable. 

13 "(3) Any member suspended under this section may 

14 file a grievance in accordance ,'.::ith the procedures applica15 ble to grievances under ehapter 11. 

16 

17 (3)-

18 

III the case of a grievance filed under paragraph 

"(A) the review by the Foreigl1 Service Griev19 ance Board s11a11 be limited to a determination of 

20 whether the prm'isions of paragraphs (1) and (2) 

21 have been fulfilled; and 

22 "(H) the J<'oreign Service Grievance Hoard may 

23 not exerCIse the authority provided under section 

24 1106(8). 

25 "(;») In this suhsection: 
75


82309f-20.eps

1 

2 

3 

4 

20 

"(A) The term 'reasonable time' means-

"(i) with respect to a member of the Foreig'll Service a88igned to duty in the United 

States, 15 after reeeiving notice of the 

5 proposed suspensiou; and 

6 "(ii) with respect to a member of the For7 eig'll Service assigned to duty outside the 

8 rnited States, 30 day8 after receiving notice of 

9 the proposed suspension. 

10 "(B) The term 'suspend' or ',mspension' means 

11 tlle placing of a member of the }11oreign Service m 

12 a temporary status without duties and pay.". 

13 (b) CONFORMIKG AND CLERICAL AYIENDMENTS.-

14 (1) Al\IE:-.JDMENT OF SECTION HKillING.-Sec15 tion 610 of the Foreig'n Service ~\et of 1980, as 

16 amended by subsection (a) of this sectioll, is further 

17 amended, in the section heading, by inserting " 

18 SUSPENSIO:-.J" before the period at the end. 

19 (2) C!,f1JHICAL Ai\HJND.VI\<JN'I'.-The item relating 

20 to section 610 in the table of contents in section 2 

21 of the Foreign Service Act of 1980 is amended to 

22 read as follows: 

"Sec. 610. Separation for cause; suspension.". 
76


82309f-21.eps

21 

1 SEC. 302. REPEAL OF RECERTIFICATION REQUIREMENT 

2 FOR SENIOR FOREIGN SERVICE. 

3 Subsection (el) of section :305 of the J1'oreign Service 

4 Act of 1980 (22 L.S.C. 3945) is repealed. 

5 SEC. 303. LIMITED APPOINTMENTS IN THE FOREIGN SERV6 ICE. 

7 Section 309 of the Foreign Serviee Act of 1980 (22 

8 U.S.C. :3B4D) is ameneled9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) in subsection by striking "subsection 

(b)" and in1:;erting "1:;ubseetion 

(2) in i'mhsection (h)-

(A) in paragraph (3)-

(i) by illserting 

or 

" after "if"; and 

(ii) by inserting before the semicolon 

at the end the following: ", or (B), the career camlidate is serving in the uniformed 

services, as defined by the Uniformed Sel'vlCe1:; Employment and Reemployment 

Rigllts Act of lDH4 (:38 C.S.C. 4i301 et 

seq.), and the limited appointment e:q)il'es 

in the course of sueh service"; 

(8) in pilragrarh (4), hy Rtriking "and" at 

the end; 

(C) m lJaragraph (5), by striking the period at the end and inserting "; and"; and 
77


82309f-22.eps

22 

1 (D) by adding after paragraph (5) the fol2 low-ing new paragraph: 

3 in exreptional rirrumRtanceR where the 

4 Secretary deternunes the needs of the Service reS quire the extension of a limited appointment. (A), 

6 for a period of time not to exceed 12 months (if 

7 such period of time does not permit additional re8 ~view by boards under section 306), or (B), for tlle 

9 milumum time needed to settle a grievance, claim, or 

10 complaint not other"Nise provided for in this sec11 tion.": am1 

12 (3) by adding at the end the follow-ing new sub13 section: 

14 "( c) Non -career Foreig11 Service employee8 who have 

15 served five conseeutive years under a limited appointment 

16 may be reappointed to a subsequent limited appointment 

17 if there is a one year break in serv-ice between each such 

18 appointment. The Scerctary may in euses of special need 

19 waive tl1e requirement for a one year break ill 8en~ce.". 

20 SEC. 304. LIMITATION OF COMPENSATORY TIME OFF FOR 

21 TRAVEL. 

22 Section ;3550b of title 5. United States Code. is 

23 amended by adding at the end the follm,,-ing new sub24 section: 
78


82309f-23.eps

23 

1 "(c) The maximum amount of compensatory time off 

2 earned under this seetion may not exeeed 10i

!c hours <1ur3 ing any leave year defined by regl:uatiom; estahliRhed 

4 by the Office of PersonnellVIanagement).". 

5 SEC. 305. DEPARTMENT OF STATE ORGANI7ATION. 

6 The Secretary of State may, after consultation vvith 

7 the appropriate congressional committees, transfer to such 

8 other officials or offices of the Department of State as 

9 the Secretary may determine from time to tiTne any au10 thority, duty, or funetion assigIled by statute to the Coor11 dinator for Counterterrorism, the Coordinator for Recon12 struction and Stabilization, or the Coordinator for 1nte1'-

13 national Ellergy Affairs. 

14 SEC. 306. OVERSEAS COMPARABILITY PAY LIMITATION. 

15 (a) 11' GE~RAL.-Subjeet to the limitation de16 scribed ill subsection (b), the authority provided by section 

17 1113 of the Supplemental Appropriations Act, 2009 (Pub18 lie Law 111-32; 123 Stat. 1904), shall remain in effeet 

19 tllrougll September 30, 2014. 

20 (b) LnIIT~~TIO)J.-The authority described in sub21 section (a) may not be used to pay all eligible member 

22 of the Foreigl1 Service (as defined ill section 111 :3(b) of 

23 the Supplemental Appropriations Act, 2009) a 10ca1ity24 based comparability payrnent (Rtatecl as a pereentage) that 

25 exeeedR two-thirdR of the amonnt of the loeality-hased 
79


82309f-24.eps

24 

1 comparability pay-ment (stated as a percentage) that 

2 \\'ou1d be payable to such member under section 530/1 of 

3 title 5, {T nited StateR Code, if RUch member'R official duty 

4 station were in the District of Columbia. 

5 TITLE IV-EMBASSY SECURITY 

6 AND PERSONNEL PROTECTION 

7 Subtitle A-Review and Planning 

8 Requirements 

9 SEC. 411. DESIGNATION OF HIGH RISK, HIGH THREAT 

10 POSTS AND WORKING GROUPS. 

11 (a) IN GEKRRAh-'l'itle I of the Omnibus Diplomatie 

12 Security and Antiterrorism Act of 1986 (22 U.S.c. 4801 

13 et seq.; l'elating to diplomatic seeurity) is amended by in14 f;erting after f;eetion Hr:: the follmving new f;eetiol18: 

15 "SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT 

16 POSTS. 

17 "(a) INITL~L DESIGKATION.-Not later than 30 days 

18 after the date of the enactment of this section, the Sec19 retary shall submit to the appropriate eOllgressional eom20 mittees a report, in classified form, that contains an initial 

21 list of diplomatie and eonsular posts designated as high 

22 risk, high threat posts. 

23 "(b) DESIGNATIONS BEFOR.E OPENING OR REOPEN24 11\G POS'i'S.-Refore openillg or reopening a diplomafie or 
80


82309f-25.eps

25 

1 consular post, the Secretary shall determine if such post 

2 should be designated as a high risk, high threat post. 

3 DE8IGKATING EXISTING P08T8.-'1'he Secretary 

4 shall regularly review existing diplomatic and consular 

5 posts to determine if allY such post should be designated 

6 as a high risk, high threat post if conditions at such post 

7 or the surrounding security environment require such a 

8 designation. 

9 "(d) DEFINITIO~S.-In this section and section 105: 

10 "(1) -LlPPROPR.IATE CO~GRESSIONAL cmIMIT11 TRRS.-'l'11e term 'appropriate congressional com12 mittees' means the Committee on Foreign Affairs of 

13 the House of R.epresentatives and the Committee on 

14 J110reign Relations of the Senate. 

15 "(2) HIGH RISK, HIGH THREAT pOST.-The 

16 term 'high risk, high threat post' meallS a United 

17 States diplomatic or consular post, as determined by 

18 the Secretary, that, among other factors, is19 "(A) loeated in a eountry20 "(i) ,vith high to eritical levels of po21 litical violenee and terrorism; and 

22 "(ii) the government of Ivhieh laeks 

23 the ability or vvillingness to pmvide ade24 quate seemity; and 
81


82309f-26.eps

1 

2 

3 

26 

"(E) ~"vith lnission physical security platforms that fall belovv the Department of State's 

eRtahliRhed RtandardR. 

4 "SEC. 105. WORKING GROUPS FOR HIGH RISK, HIGH 

5 THREAT POSTS. 

6 "(a) ESTABLISIHIE='fT.-Before opening or reopening 

7 a high risk, high threat the Secretary shall establish 

8 a working gnmp tllat is responsible for the geogTaphic 

9 area in ~which such post is to be opened or reopened. 

10 "(b) DrTIEs.-The duties of the working gnmp es11 tahlishecl in aerordmlee with subsection (a) shall include12 "(1) evaluating the importance and appro13 priateness of the objeetives of the proposed post to 

14 the national Recurity of the United StateR, and the 

15 t:Y1Je and level of security threats sueh post could en16 eouIlteI'; 

17 "(2) eompleting working plans to eA~edite the 

18 approval and funding for establishing and operating 

19 snell post, implementing physical security measures, 

20 providing necessary security and nmnagement per21 sounel, and the provision of lleeessary equipment; 

22 establishil1g' security 'tripwires' that would 

23 determine specific aetion, including enhanced secu24 rity measures or evacuation of such post, based on 
82


82309f-27.eps

1 the iTnprovement or deterioration of the local secu2 rity environment; and 

3 "( 4) identif}ring and reporting any costs that 

4 may be associated with opening or reopening such 

5 post. 

6 "(c) COlV[POSITION.-The working group should be 

7 composed of representatives of the8 "( 1) appropriate regional bureau; 

9 "(2) Bureau of Diplomatic Security; 

1 0 Bureau of Overseas Building Operations; 

11 "( 4) Burean of Illtelligenc'p and Research; and 

12 "(5) other bureaus or offices as determined by 

13 the Seeretary. 

14 "(d) CO:.JGRESSIO:.J1\L NOTIFICATION.-Not 1e88 than 

15 30 days before opening or reopening a high risk, high 

16 threat post, the Seeretary shall notify the appropriate eOIl17 g1'essiona1 eOlmnittees in classified form of18 "(1) the deeision to open or reopen such post; 

19 and 

20 "(2) the results of the vvorking group under 

21 subseetiotl (b).". 

22 (h) CONFORMING A:vmND1\!mNT .-'1'11e table of e011-

23 tents of the Omnibus Diplomatic Security and 

24 Antiterrorism Aet of 1986 is amended by inserting after 

25 the item relating to 88ction 10:i the following new item8: 
83


82309f-28.eps

28 

"Sec. 1 04. Designation of high risk. high threat posts. 

"Sec. 105. Working gl'OUpS for hIgh risk. high threat posts.". 

SEC. 412. CONTINGENCY PLANS FOR HIGH RISK, HIGH 

2 THREAT POSTS. 

3 Section 606(a) of the Secure Embassy Construction 

4 and Counterterrorism Act of 1999 (22 U.S.C. 4865(a); 

5 relating to diplomatic 8ecurity) i8 amended6 

7 

8 

9 

(1) in paragTaph (l)(A)-

(A) by insertil1g "and from complex attack8 (a8 8uch term i8 defined in 8ection 4Hi of 

the Omnibus Diplomatic Security and 

10 Antiterror:i8m Ad of IDH6)," after "attaelm 

11 from vehicles"; and 

12 (B) by inserting "or sueh a eomplex at13 tack" hefore the period at the end; 

14 in paragraph (7), by inserting before the pe15 riod at the end the following: ", ineluding at high 

16 risk, high threat posts such term is defined in 

17 seetion 104 of the Omnibus Diplomatic. Seeurity and 

18 Antiterrorism Act of 1986), including options for tl1e 

19 deplo:yment of additional military personnel or equip20 ment to bolster security and rapid deployment of 

21 armed or 8urveil1ance aS8et8 in re8p01l8e to an at22 tack". 
84


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29 

1 SEC. 413. STRATEGIC REVIEW OF BUREAU OF DIPLOMATIC 

2 SECURITY. 

3 (a) I"J ClE'-J,UtAh-'l'lle Secretary of State sllall com4 plete a strategic review of the Bureau of DiplOlnatic Secu5 rity of tl1e Department of State to ensure that the mission 

6 and artivitieR of the Bureau are fulfilling the rnrrent and 

7 projected needs of the Department of State. 

8 (b) C01\TR"J'fS OF RR\'TEW.-The strategic review de9 scribed in subsection shall include assessments of10 (1) staffing needs for both domestie and inter11 nationa.l operationR; 

12 (2) facilities under chief of mISSIOn authority 

13 adhering to security standards; 

14 (il) Recnrity perRonnel ~with the necesRary lan15 guage skills for assignment to overseas posts; 

16 (4) programs beillg carried out by persOlmel 

17 with the necessary e:Arperience and at COlmnensurate 

18 gTade levels: 

19 (5) necessary secnrity training provided to per20 sonnel under chief of mission authority for expected 

21 assigTlHH::'nts and ohjeetives; 

22 ((j) balancing Recurity needs ,vith an ability to 

23 carry out the diplomatic. mission of the Department 

24 of State; 

25 (7) the budgetary implications of balancing 

26 multiple missions; and 
85


82309f-30.eps

30 

1 (8) hOlv to resolve any identified deficiencies in 

2 the mission or aetivities of the Bureau. 

3 Subtitle B-Physical Security and 

4 Personnel Requirements 

5 SEC. 421. CAPITAL SECURITY COST SHARING PROGRAM. 

6 (a) SENSE OF CONGRESS ON THE CAPITAL SECURITY 

7 COST SHARING PROGRAM.-It is the sense of CongTess 

8 tl1at the Capital Security Cost Sharil1g Program sllould 

9 prioritize the construction of new facilities and the mainte10 nanee of existing fueilities at high risk, high threat posts. 

11 (h) R,FJSTRTCTTON ON (\JNSTRUCTTO~ OF OFFTCFJ 

12 SPACE.-Section 604(e)(2) of the Secure Embassy Con13 struction aIld Couuterterrorism Act of 1999 (title \'1 of 

14 divi8ion A of H.R :H27, a8 enacted into law by 8ection 

15 1000(a)(7) of Public LU\'\' 106-113; 113 Stat. 1501A16 453; 22 U.S.C. 4865 Hote) is amended by adding at the 

17 end the follmving new sentence: "A project to construct 

18 a diplomatic faeility of the United States may not inelude 

19 office space or other accommodations for an employee of 

20 a Federal department or agency if the Secretary of State 

21 determines that such department or agency has not pro22 ,Tided to the Department of State the full amount of fUllCl23 ing required by paragraph (1), except that such project 

24 may include office space or other accommodations for 

25 memher8 of the United State8 Ivlarine Corp8.". 
86


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31 

1 SEC. 422. LOCAL GUARD CONTRACTS ABROAD UNDER DIP2 LOMATIC SECURITY PROGRAM. 

:1 (a) IN GET\TF.RAh-Section 1 :36 of the },loreign l:{ela4 tions Authorization Act Fiscal Years 1990 and 1991 (22 

5 U.S.C. 4864) is amendecl6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

(1) in :;mhseetion (c)-

(A) in the matter preceding' paragnlph (I), 

by striking "\Vith respect" am] inserting "Except as provided in subsection (el), with respect"; and 

(B) in paragTaph un, hy striking "SUllsection (d)" and inserting "subsection 

(2) by redesignating subsections (dl, (e), (f), 

and (g) as snbseetions 

tively; and 

(f), (g), and (h), respee-

(3) by inserting after subsection (c) the following new subsection: 

"(d) ;\W~ffiD OF LOCAL GUARD ~'L'JD PROTECTIVE 

19 SERVTCE CONTRACTS FOR HIGH l:{T8TC, HIGH 'l'HRRAT 

20 POSTs.-vVith respect to any local guard contract for a 

21 high risk, high threat post (as such term is defined in sec22 tion 104 of the Omnibus DiplOlnatic Security and 

23 -Llntitcrrorism ;\ct of 1986) that is entered into after the 

24 date of the enactment of this subsection, the Secreta.ry of 

25 State-
87


82309f-32.eps

32 

1 "(1) shall comply "v1th paragraphs (1), (2), (4), 

2 (5), and (6) of suoseetion (e) in the award of sueh 

3 contract; 

4 "(2) after evaluating proposals for such con5 tract, may award such contract to the firm rep6 resenting the best value to the Government in ac7 cordance with the best value tradeoff process deS scribed in subpart 15.1 of the Federal Acquisition 

9 Begulation (48 C.F.R G 15.101-1); and 

10 shall ensure that eontractor personnel 

11 under such contract providing 10('al g·uard or protec12 tive services are classified13 "(1\) as employees of the contractor; 

14 "(B) if the contractor lR a joint venture, aR 

15 employees of one of the persons or parties con16 stituting the joint venture; or 

17 "(C) as employees of a subcontractor to 

18 the contractor, and not as independent eontrac19 tors to the contraetor or an~T otl1er entity per20 forming under such contracts.". 

21 (b) RJ:<JPORT.-Not later than Otle year after the date 

22 of the enactment of this Aet, tlle Secretary of State s11a11 

23 submit to the appropriate congressional committees a re24 p01i. that incluc1es-
88


82309f-33.eps

1 

2 

(1) an explanation of the implementation of 

subseetion of sedion 1:36 of the Foreign Hela3 tinns Authorization Act, Fiscal Years 1990 and 

4 1991, as amended by subsection (a)(:3) of this sec5 tiOll; and 

6 (2) for each instance in which an award is 

7 made pursuant to such subsection (d) of such sec8 tioll 1 ;36, a vvritten justification providing the basis 

9 for such award and an e::q)lanation of the inability 

10 to satisfy the needs of the Department of State by 

11 technically acceptable, lowest price evaluation award. 

12 SEC. 423. TRANSFER AUTHORITY. 

13 Sectioll t1 of the Foreign Serviee Buildings Act, 1926 

14 (22 LA.C. 295) is amended hy adding at the end the fo1-

15 lowing new subsedions: 

16 "(j) III addition to exereising· allY other transfer au17 thority available to the Secretary of State, and subject to 

18 subseetion (k), the Seeretary may tran:sfer to, and merge 

19 with, any appropriation for embassy seeurity, construe20 tion, and maintenanee sueh amounts appropriated for any 

21 other purpose related to the administration of foreign af22 fairs on or after Oetoher 1, 201:3, as the Aeeretary deter23 mines necessary to provide for the security of sites and 

24 builclings in foreigl1 emmtries ullder the jurisdirtioll and 

25 control of the Aerretary. 
89


82309f-34.eps

34 

1 "(k) Not later than 15 days before any transfer of 

2 fund:,; pur:,;uant to :,;ull:,;eetion (j), the Seeretary of State 

3 shall notif~y the Committee" on 1<1oreign Relation" and Ap4 propriations of the Senate and the Committees on Foreign 

5 Jc\ffairs and Appropriations of the House of Representa6 tives of such transfer.". 

7 SEC. 424. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

8 Seetion 29 of the State Departmellt Basil' Authorities 

9 Act of 1956 (22 U.S.C. 2701) is amended, in the third 

10 sentenee, by in:,;erting "phy:,;ieal :,;eeurity enhaneement:,; 

11 and" after "may inelude". 

12 SEC. 425. REEMPLOYJ.\lIENT OF ANNUITANTS. 

13 Sec'tioll 824(12') of the Forei12'n Serviee Act of 1980 

14 (22 C.S.C. 40G4(g)), as amended I,y sec-fion :)OG of this 

15 Aet, i:,; further amended16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) in paragraph (1)-

in subparagraph (D)-

(i) by :,;triking "to faeilitate the" and 

all that follows througl1 "Afghanistan,"; 

and 

(ii) by inserting before the semicolon 

at the end tlle following: "and, when after 

an exhaustive, open, and competitive 

seareh, no qualified, full-time, eurrent employees (including memhers of the Civil 
90


82309f-35.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

35 

Service) of the Department of State have 

been identified"; and 

(B) I,y moving suhparagraph (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. 

11 SEC. 426. SENSE OF CONGRESS REGARDING MINIMUM SE12 CURITY STANDARDS FOR TEMPORARY 

13 UNITED STATES DIPLOMATIC AND CONSULAR 

14 POSTS. 

15 It is the sense of CongTess that16 (1) the Overseas Security Policy Board's secu17 rity standards for United States diplomatic and con18 suIar posts should apply to all such posts regardless 

19 of the duration of tl1eir OCCUpallCY; and 

20 such posts should comply with requirements 

21 for attaining a vvaiver or exception to applieable 

22 standards if it is in the national interest of the 

23 United States as determined by the Secretary of 

24 State. 
91


82309f-36.eps

36 

1 SEC. 427. ASSIGNMENT OF PERSONNEL AT HIGH RISK, 

2 HIGH THREAT POSTS. 

3 (a) IN (lFJKRRAh-'l'he Serretary of' State shall sta4 tion key personnel for sustained periods of time at high 

5 risk, high threat posts (as snell term is defined ill sertion 

6 104 of the Omnihus Diplomatir Serurity and 

7 _Antiterrorism Ad of 1986, a:s added by o,;eetion 411 of thio,; 

8 Art) in order to9 (1) establish institutional knowledge and situa10 tional a\,l7ttreneo,;:s that would allow for a fuller famil11 iarization of the 10ra1 politiral and serurity environ12 ment in whirh such posts are located; and 

13 (2) ensure that necessary seeurity procedures 

14 are implemented. 

15 (b) QUARTERLY BRIEFINGS.-The Seeretary of State 

16 shall quarterly brief the appropriate eongTessional eommit17 tees on the personnel staffing and rotation 

18 risk, high threat posts. 

at high 

19 Subtitle C-Security Training 

20 SEC. 431. SECURITY TRAINING FOR PERSONNEL ASSIGNED 

21 TO HIGH RISK, HIGH THREAT POSTS. 

22 (a) IN GEKERAL.-Title IV of the Omnibus Diplo23 matie Security and imtiterrori:srn Act of 1986 (22 U.S.C. 

24 ,1851 et seq.; relating to diplomatie seeurity) is amended 

25 by adding at the end the following nevI' sections: 
92


82309f-37.eps

1 "SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED 

2 TO A HIGH RISK, HIGH THREAT POST. 

3 "(a) IN ClRNREAh-Inclividuals assig11ed perma4 nently to or who are in long-term temporary duty status 

5 as designated by the Secretary at a high risk, high threat 

6 post shall receive security training described in subsection 

7 (b) on a mandatory basis in order to prepare such individ8 nals for hvil1g and working at such posts. 

9 "(b) SEGCRITY TR.AIKING DESCRIDED.-Security 

10 training referred to in subsection (a)-

11 "(1) is training to improve basic knowledge and 

12 skills; and 

13 "(2) may i[lclude14 "(A) an ability to recognize, avoid, and re15 spond to potential terrorist situations, including 

16 a complex attack; 

17 "(B) conducting surveillance detection; 

18 "(C) providing emergency medieal eare: 

19 "(D) ability to detect the presence of im20 provised explosive devices; 

21 "(E) minimal firearms profieieney; and 

22 "(]<') defensive driving maneuvers. 

23 "(e) EFFECTIV"E DATE.-The requirements of this 

24 section shall take effeet upon the date of the ellaetment 

25 of this seetion. 
93


82309f-38.eps

38 

1 "td) DEFINITIONS.-In this section and sections 417 

2 and 418: 

3 "(1) COMPLEX ATTACK.-'l'he term 'complex 

4 attack' has the meaning given such term by the 

5 K or-th Atlantic Treaty Organization as follows: 'An 

6 attack conducted by multiple hostile elements which 

7 employ at least two distinct classes of weapon sys8 tems indirect fire and direct fire, imprm~sed 

9 eqJlosive devices, and surface to air fire).'. 

10 "(2) HIGH RISK, HIGH THREAT pOST.-The 

11 term 'higl1 risk, higl1 threat post' has the meamng 

12 given such term in section 104. 

13 "SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFF!-

14 

15 

CIALS ASSIGNED TO A HIGH RISK, HIGH 

THREAT POST. 

16 "(a) b UJiJl'\BlLA.L.-Officials described ill subsection 

17 (c) who are assigned to a high risk, high threat post shall 

18 receive security training described in subseetion (b) on a 

19 mandatory basis ill order to improve t11e ability of such 

20 officials to make security-related management decisions. 

21 "(b) SECTRlTY THAll'\lNG DE8CRlBHJD.-Security 

22 training referred to in subsectioll (a) may include23 "( 1) development of skills to better evaluate 

24 tl1reats; 
94


82309f-39.eps

39 

1 "(2) effective use of security resources to miti2 gate sueh threats; and 

3 "U~) improved familiarity of availahle Eiecurity 

4 resources. 

5 "(c) OJi'}'LCIALS DJ:<JSCRLBBJD.-Officials referred to itl 

6 subsection (a) are7 "(1) members of the Senior Foreign Service ap8 pointed under section 302(a)( 1) or 303 of t11e For9 eign Service Act of 1980 (22 U.S.C. 3942(a)(1) and 

10 3943) or member:,; of the Senior Exeeutive Serviee 

11 sneh term is deseribed in seetioll :31 :32(a)(2) of 

12 title 5, United States Code); 

13 "(2) Foreign Service officers appointed under 

14 Eiection :302(a)(1) of the J1'oreign Service Act of 19S0 

15 U.S.C. :3942(u)(1)) holding a position in elasses 

16 FS-1, FS-2, or FS-3; 

17 "( 3) Foreign Service Specialists appointed by 

18 the Scerdary under :,;cetion 303 of the Foreign Serv19 ice Act. of 1980 (22 CS.C. 3943) holding a position 

20 in classes FS-1, FS-2, or FS-3; and 

21 "( 4) individuals holelillg a positioll m gTaeles 

22 GS-l :3, GS-14, or (+S-15. 

23 "(el) EFFECTIV1'J DATE.-The requirements of this 

24 section sllall take effec·t beginning on t11e date that is one 

25 year after the date of the enactment of thiR Rectioll. 
95


82309f-40.eps

40 

1 "SEC. 418. LANGUAGE REQUIREMENTS FOR DIPLOMATIC 

2 SECURITY PERSONNEL ASSIGNED TO HIGH 

3 RISK, HIGH THREAT POST. 

4 "(a) IN GENERAL.-Diplomatic security personnel 

5 assigned permanently to or who are in long-term tem6 porary duty status as deRignated hy the Secretary at a 

7 high risk, hig'h threat po:st :should receive language train8 ing described in subsection (b) in order to prepare such 

9 personnel for duty requirements at such post. 

10 "(0) LANGUAGE TRAI.:-.rrNG DESCRIBED.-LangLwge 

11 training referred to in suht;ection (a) t;hould prepare per12 sonnel described in such subsection to13 "(1) speak the lallguage at issue with sufficiellt 

14 fitructural accuracy and vocabulary to participat.e ef15 fectively in most formal and informal conversations 

16 on subjects germane to security; and 

17 "(2) read 'within an adequate range of speed 

18 and w'ith almost complete c.omprehen:sion on :subject:s 

19 germane to security.". 

20 CO~vORMING AlYllKD}IENT.-The table of con21 tent:s of the Omnibu:s Diplomatic Security and 

22 Antiterrorism Act of 1HHG it; amended hy im;erting after 

23 the item relating to :section 415 the follovv'ing new items: 

"See. 416. S,*,urity training for personnel assigl1e<J to a hi[!h risk. high threat 

post. 

"Sec. 417. Security management training for officials assigned to a high risk. 

high tbreat post. 
96


82309f-41.eps

41 

"See. ·il8. Lunguage requirements for diplomatic security personnel assigned to 

high risk, high threat post.". 

SEC. 432. REPORT TO CONGRESS. 

2 Kot later tllall 18 months after the date of the enact3 ment of this Act, the Secretary of State shall submit to 

4 the appropriate congressional committees a report 011 the 

5 implementation of this suhtitle. 

6 Subtitle D-Expansion of the Ma7 rine Corps Security Guard Des tachment Program 

9 SEC. 441. lVIARINE CORPS SECURITY GUARD PROGRAM. 

10 (a) IN (iENERAL.-Purfmant to the reRpnm;ibility of 

11 the Secretary of State for diplomatic security under sec12 tiotl 10:3 of the Diplomatic Security Art (22 CS.C.1802: 

13 enarted as part of the Omnihus Diplomatic Security and 

14 .,AntiterrorismAct of 1986 (Public IJRW 99-:399)), the Sec15 retary of State, in cOllslLltatioll with the Secretary of De16 fense, shall conduct an annual review of the Marine Corps 

17 Security Guard Prognun, ineluding18 (1) an eva luatioll of whether the Sl7.e and C0111-

19 position of the Marine Corps Security Guard Pro20 gram is mlelluate to meet global uiplomatie seeurity 

21 requirements; 

22 (2) an assessment of whether the Marine Corps 

23 security guanls are appropriately deployed among 

24 United StateR embassieR, consulateR, and other dip-
97


82309f-42.eps

42 

1 lomatic facilities to respond to evolving security de2 veloprnenttl and potential threattl to United Statetl 

3 interefitfi ahroad; and 

4 (3) an assessment of the mISSIOn objectives of 

5 the Marine Corps Security Guard Program and the 

6 procedural rules of engagement to protect diplomatic 

7 personnel under the Progranl. 

8 (b) R.,JPOWl'lKG REQUIIi!<J1VIE"l'l'.-Not later than 180 

9 days after the date of the enactment of this Act and 3lUlU10 ally thereafter for three yeartl, the Secretary of State, in 

11 COllSU ltation vvith the Secretary of Defense, shall submit 

12 to the appropriate congressional committees an unclassi13 fied report, with a classified aIlllex as llecessary, that ad14 dresses the requirements specified in suhsection (a). 

c; 
98


82309d-1.eps

AMENDMENT TO H.R. ;;1.'&/f<t 

OFFERED BY MR. REATING OF MAsSACHUSETTS 

In section 101(3), inserL l)clore the period at the end 

the fol1O'iving: ", of 'which funding for educationai and 

c'llltnral programs that oecnr in countries or regions that 

are at risk of, in, or are in transition from, conflict or 

civil strife should be prioTitizec1". 

[g] 
99


82309d-2.eps

AJl.mNDMENT TO H.R. ~gLf'8 

OFFERED BY MR. CICILLlNE OF RHODE ISLAND 

In section 202, in the matter proposed to Le inserted 

in section 501 of the ]~oreign ServIce lift of 1980, sLl'ike 

"'shall be filled in accordance \vith section 303 or 309, 

as appropriate,'" ancl insert" 'shall be filled, as appropriate, on a temporaTY hasi!';, in accorc1mlee ,vith sectio}] 

303 or 309' )} 
100


82309d-3.eps

AMENDMENT TO H.R . .;( 'Slf'tf 

OFFERED BY MR. MCCAUL OF TEXAS 

In seetion 103, illsel't before the period at the end 

the folJmving: ", exeept that such amounts may not be 

used to support any Vllitecl Nations L~nmanned Aerial 

Systems (drone) activities or missions operating in 

Unitecl States a.irspaee, including Unit(ed States territories and possessions". 
101


82309d-4.eps

AMENDMENT TO H.R. ;.J. 'i3 Lj"<iS 

OFFERED BY MR. NlARINO OF PENNSYLVANM. 

In section 423, amend the proposed subsection (Ie) 

amendment to secti.on 4 of the ForcigB Service Buildings 

Ad, 192 G, to read as follo1,ys: 

"(1\:) The Secretary or SLate shall consult with, and 

2 not later than 15 days before any transfer of funds punm3 ant to subsection (j) notif~y, the Committees on l"oreign 

4 1-\e1ations and Appropriations of the Senate and the ComS mittecs 011 Foreign Affairs audA PPl'opriations of the 

6 House of l\,epreselltatives of such transfer.". 

~ 
102


82309d-5.eps

AMENDMENT TO H.R. 2848 

OFFERED BY MR. STOCKMAN OF TEXAS 

At the end of subt.iLle B of title IV) add the following: 

SEC. 42~. BUREAU OF DIPLOMATTC RECURITY MOBILE BIO2 METRlC ENROLLIVmNT PROGRAM, 

3 Not later than 90 days after the elale of the enact4 111e11t of this Act, the Secretary of' State shall brief the 

5 appropriate congressional COlll111ittees regarding the 1110-

6 bile biometric enrollment prognnn of the Bureau of Diplo7 matie Security that includes the following: 

8 (1) overview of the mobile biometric enroll9 ment program allrl the Department of Stat(~'~ u~e of 

10 biometric technologies to secm'c access to United 

11 States diplomatic and eonsular posts. 

12 .ill1 assessment of' the effectiveness amI uses 

]3 

14 

of s1.1eh biometric technologies. 

_i~n assessment of dw benefits, anel 

i5 implementation tillle that ,'.'on1(1 be inyolverL ill exJ 6 tending the mobil(~ l)iomeLl"ic: mrol1ment prognlm ini17 tinlly to all high risk, threat ;.;ueh 

18 tC'nn is c1efinedin ;.;c(:tioJl 104 of the Ollll1ih1U~ DiVlo19 mat.it' Sn·nrity ami j\llliLen'ol'ism Act of as 
103


82309d-6.eps

2 

added by Hcction 411 of this lid), and thell to all 

2 l'crnaining dip1om.atic and eon8u1a1' posts. 
104


82309d-7.eps

AMENDMENT TO H.R. 2848 

OFFERED BY ME. SMITH OF NEW JERSEY 

At the end of subtitIe 15 of Litle II, add the foBOIvlng: 

SEC, 21_, AUTHORITY TO RESTRICT PASSPORTS. 

2 (a) IN GENEPw:\L.-Thc Secretary of Statf'. is author3 izcd to 

4 (1) limiL to one :real' or such period of Lime as 

5 the Secretary of State shan determine appropriate 

6 the period of validity of a passport issued to a sex 

7 offender; and 

8 (2) n~voke the passport or passport card of an 

9 individual who has been convicted by a court of C0111-

10 petcnt jurisdiction in i1 foreign country of a sex of11 feuse. 

12 (1J) LIiVU'l'A'J'lON pon HE'['UH.N TO U?\T'l'ED S'J'A'I'Iiif:i.-

13 Notwithstanding snbsedion (a), in no ease shall a Uniteel 

14 States C1 ti7,en eonyictec1 a l'omt of eOlnpc"tcmt jurisdie15 bOll in n countl'~' of a sex olIcllSC be precluded 

16 from cntcl'ing tllC Ul1ited Stat.es tbe to a passport l'l'VC)('.}l17 bOll unLier sneh subsectiOll. 

18 

19 or 

20 

HK\[)l'LIC.ATIU~.--An individual VdlOSr:: passport 

carel 'was J'r;Y()k(~d pursmmt to ~mi)8C(~t.iOl) 
105


82309d-8.eps

2 

time after 8nel1 indivic1nal IH\8 returned to the U nitec1 

2 States. 

3 (d) DEFIKITIONS.-:F'or purposes ofthis scrtion: 

4 (1) SEX O.I{'lf'l~NDEH..· '1'he term "sex offender" 

5 menTlS an illllividllal who \s lisLed on the ?\ atiollal 

6 Sex Off'em181" Hegistry estahlifilwd pursuant t.o sec7 tion 118 of the Sex Offender l{cgi::;Lration and Noti8 fication Ad (42 U.S.C. 16915). 

9 (2) SEX OFP1~KSJ;;.-Thc ter111 "sex offense" 

10 means a Rex offense as defined in section 111 (5) of 

11 the Sex Offender Registration and Notification Act 

12 (42 U.S.c. 16915). 

[g] 
106


82309d-9.eps

AMENDMENT TO H.R. 2848 

OFFERED BY 1\1R. CICILLINE OF RHODE ISLAND AND 

lVIs. BASS OF CALIFORNIA 

In section 103, add at the eud Lhe follo,ving: 

withstanding any other pro1~sjon of law, fuuds authorized 

to be appropriated under this section are authorized to 

remain available until September 30, 2015.". 
107


82309d-10.eps

AMENDMENT TO H.R. 2848 

OFFERED BY MR. PERRY OF PENNSYLVANIA AND 

M.s. MENG OF NEW YORK 

At the end of subLiUe 11< of title IV, add the fo1-

lowiug: 

1 SEC. ,114. REVISION OF PROVISIONS RELATING TO PER· 

2 

3 

SONNEL RECOMMEi\TDATIONS OF ACCOUNT· 

ABILITY REVIEW BOARD. 

4 (a) IN GENERAL.-Section 304(c) of'the Diplomatic. 

5 Security Ad (22 U.S.C. 4834(c)) is mnenc1ed6 (1) in the matter preceding paragraph (1)-

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

] 8 

(A.) by striking "\\711eneve1''' and inserting 

"If"; and 

(B) by striking "has breaclled the duty of 

Ghat individual" arHl imml'Ling "has ell gaged in 

misconduct or unsatisfactorily performed Lhc 

duties of of that individual, fHiLl 

such misconduct or unsa1:,lsl<aeLOl'Y perlol'n1fll1('(', 

has sigllificantly eontribut",cl to t11e serious injury, loss of life, 01' significant (Iestruetioll of 

]H'O]lCdy, nr seriolls lll'caeh of seel1l'ity that 

is tllC: or 11)[., BoaTel',; c::\nmimltiol1 (IS l1eSC1'i))('(j ill SlIbS(;(',j.iull 
108


82309d-11.eps

2 

(2) ill paragraph (2), by strikillg "finding'" each 

2 place it appears and ins81i.illg "findings"; and 

3 (8) in the matter fol1cfwing parageaph (:3)-

4 (A) by striking: "lla~; breached a duty of 

5 that individual" and inserLillg "has uusatis6 factoTily performed tlw dllti(~:,; of employment of 

7 Umt inclividual"; and 

8 (B) by inserting "of employment" after 

9 "performance of the duties". 

10 (b) EFFEiCTTVE DA'l'E,-rl'he anlcndments made by 

11 subsection (a) shall apply 'with rf!spect to any case of an 

12 Accountability Revie,\' Board tllaL is convened under serB bon 301 of the D1plornAtir Seeurity Act (22 U,S,C. 4881) 

14 011 or aftel' the date of th(~ PtlHcLlnent of this Act, 

[g] 
109


82309d-12.eps

AMENDMENI' TO H.R. 2848 

OFFERED DY MIl. GRAYSON OF FLORIDA 

In LiLlc 1, add at the end the follmving: 

SEC. 10 . No funds under this Ad are authorized 

2 to be appropriatccl to (mLet' into a contnwt with any offer· 

3 or or any of its prjncipals if the offeror ccrtiJies, pursuant 

4 to the Federal Acquisition Heg'ulation, that the offeror or 

5 any of its principals6 (1) I,rithin a three-year period preceding this 

7 offer has been convicted of or had a civil judgment 

8 rendered against it for commission of fraud or a 

9 criminal offense in conl1ection \\rith obtaining, at10 tempting to obtain, or performing a public (Federal, 

11 8tatc, or local) contract 01' suucouLrad; violation of 

12 Federal or SLate cUltitrnst statllLes rclating to the 

13 sTlbmlssioll of offers; or cOll1mission of embczzlc14 

15 

16 

17 

18 

19 

forgery, bribery: falsifieation or deSLnH'.-

maling false statements, tax cvaor 

0,>,'10111,,11,. 01' l)" it 
110


82309d-13.eps

2 

vvith, commisslon of any of the offense>; Cllumer2 atcd in paragraph (1); or 

3 (3) ,1'it]))11 a three-year period pn~eeding this 

4 offer, has been notified of allY delinc[lwnt ll'ederal 

5 taxes in an mmnll1t that exceeds $3,000 for ·which 

6 the liability remains nmmtisI'icd. 
111


82309d-14.eps

AlVrnNDMENT TO H.R. 2848 

OFFERED BY MR. D1JNCAN OF SOUTH CAROLINA 

At the end of'title 1, ackl Lhe following; 

1 SEC. 10. PROHIBITION ON USE OF FUNDS. 

2 No fuuds under this Act are lluthorizccl to he appro3 priated for fllly Hew Departnlcnt of State security anel 

4 training' facilit.y, including the proposed Poreign Affairs 

5 Security Training Center, for 'which there is not a COIl1-

6 pleted, independent feasibility study that. has been pro7 vided t.o the appropriate COl1gl'{;s:::;ional committees, 

8 verifying that safet.y and security t.raining for all Depart9 ment personnel who l'eqllire snch t.raining cannot reaSOl1-

10 ably be provided at. the existill~; Ti'f'd(~ral h'lw E,nforccment 

11 Training Pacility. 
112


82309d-15.eps

AMENDMENT TO H.R. 2848 

OFFERED BY MR. ROYCE OF CALIFORNIA 

In section 102, add at the end the follow"ing: "The 

Seeretary shall notify the appropriate eongressional emnmittees not less than fifteen days prior to obligating 

funds authorihed under this section to implement or establish any principle commission or organization required 

by a treaty that has not been ratified by the Senate.". 

~ 
113

Chairman ROYCE. And I will now recognize myself to speak on 

the bill and the manager’s en bloc. 

The Department of State Operations and Embassy Security Authorization Act provides our diplomats with the tools they need to 

do their job effectively and as safely as possible. Passing this authorization bill is a basic committee responsibility, and I very much 

appreciate the collaboration that I have had with Ranking Member 

Engel. This is a bipartisan bill, and together we have worked to incorporate the input of a large number of committee members. It is 

a bill we should be proud of, especially in this time of growing 

threats abroad, and I am very hopeful that we will be able to send 

it to the Senate and reach agreement to authorize State Department operations, as it should be. 

Now, here is the point, members: If signed into law, this would 

be the first such authorization bill in over a decade. That is why 

our cooperation on this measure is so important. From a committee 

standpoint, authorizing these programs will increase our oversight 

ability. It will improve committee members’ ability to legislate new 

programs, saving money, and reforming old ones. And while this 

bill is fiscally responsible, representing a nearly 9 percent overall 

cut in spending from last year, it fully funds the administration’s 

Embassy security request. 

It also contains important Embassy security reforms in response 

to the Benghazi attack. These include requiring that high-risk 

posts be designated, enhanced planning for rapid deployment of 

military resources in response to a crisis, and funding for more Marine guards at Embassy sites. 

Very important, the bill contains a provision championed by Mr. 

Radel and Ms. Frankel that will award local security guard contracts on the basis of best value rather than lowest cost. For our 

highest-threat posts, we need the highest-quality security personnel. 

In the fall we will turn to reforming the State Department’s Accountability Review Board process, which looks at attacks on our 

diplomatic facilities, continuing the committee’s focus on Embassy 

security. 

Specific savings in this legislation comes from ending outdated 

reporting requirements and limiting Foreign Service pay. This legislation also caps State Department appropriations levels. I think 

we can all agree that the Department must make better use of the 

resources it has. 

I appreciate the support of my colleagues on this critical piece of 

legislation and turn now to the ranking member for any remarks 

that Mr. Engel might have. 

Mr. ENGEL. Well, thank you, Mr. Chairman. Thank you for holding this markup on the State Department Operations and Embassy 

Security Authorization for Fiscal Year 2014. I believe, as you do, 

that passing this legislation is one of the most important responsibilities of our committee. You and I are both determined to make 

sure that this committee’s jurisdiction is not trampled on, and this 

is one of the most important things that we as a committee can do. 

As you pointed out, it has been more than a decade since this committee has done this, and you and I are determined not to let that 

114

happen again or continue to happen. So I think this is a very, very 

important markup that we are having this morning. 

I am pleased that we were able to work out most of our differences and move forward with a bill that enjoys support from 

both sides of the aisle, strong support from both sides of the aisle, 

and I thank you for working things out with me and with the members on this side of the aisle with some of the concerns that came 

up. Thank you very much for your cooperation. 

This bill provides basic authority to the State Department to advance United States’ interests around the world and authorizes the 

resources necessary to protect our brave and dedicated diplomats. 

The funds authorized in this bill support all of the State Department’s operations around the world for less than 3 percent of the 

Defense Department’s total budget. To me, that is a very wise investment in U.S. national security. 

In light of the dangers facing our diplomats in high-risk posts in 

the Middle East, North Africa, South Asia, and other volatile regions, the bill fully funds the President’s request for diplomatic security. This will allow the Department to construct 6 new secure 

Embassies, support 151 new diplomatic security personnel, and 

build facilities for 26 additional Marine security guard detachments. 

The legislation also includes a number of other provisions to better protect our men and women serving abroad. This includes the 

text of a bipartisan bill introduced by Representatives Radel and 

Frankel. It gives the State Department flexibility to award local 

guard contracts at high-threat posts on the basis of best value rather than on who had the lowest bid. In the past, having to accept 

the lowest bid sometimes resulted in poorly trained local security 

forces that endangered the safety of our diplomats and development experts. 

In the same spirit of bipartisanship, I would like to commend 

Representatives Perry and Meng for their hard work in drafting a 

provision, which has been included in the manager’s amendment, 

that provides additional accountability for State Department officials when their job performance is unsatisfactory. 

In addition, I would like to thank Chairman Royce for including 

some elements of an Embassy security bill that I recently introduced. Among other things, these provisions would enhance the coordination between the State and Defense Departments in times of 

crisis, and require security and language training for State Department employees before they deploy to dangerous locations. 

I want to also thank the chairman for working out concerns that 

some of the members had with other issues, Mr. Cicilline and Mr. 

Keating, and I thank you very much for your cooperation on that 

as well. 

As you know, Mr. Chairman, it has been too long since the State 

Department authorization bill has been signed into law; as you 

mentioned, more than a decade. We need to resume the practice of 

passing our authorization bill on a regular basis, and encourage 

our Senate colleagues to do the same. When we fail to fulfill our 

legislative responsibility, the Foreign Affairs vacuum is filled by 

the Armed Services and Appropriations Committees, and once we 

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115

fore us today, while relatively modest in scope, is an important step 

in the right direction, and you and I are both determined to make 

sure that this committee has every bit of the jurisdiction to which 

it is entitled. 

I urge my colleagues to support this legislation, and I look forward to working with Chairman Royce to see that it eventually 

reaches the President’s desk. 

And I yield back. 

Chairman ROYCE. Thank you, Mr. Engel. 

Any other members wish to be identified, wish to speak? 

Chairwoman Ros-Lehtinen of Florida. 

Ms. ROS-LEHTINEN. Thank you so much. 

I would like to thank you, Mr. Chairman, and our ranking member, Mr. Engel, for this important bill. As has been pointed out, for 

10 years now the Congress has failed to pass a State Department 

authorization bill, but it hasn’t been for lack of effort on the House 

side. Last year my friend Congressman Howard Berman and I 

marked up, and our committee passed, and then the House passed 

a bipartisan, noncontroversial reauthorization bill in an effort to 

improve and strengthen our oversight responsibility over the Department of State, which is our primary agency of jurisdiction. 

On July 13, 2012, the House passed our State Department authorization bill overwhelmingly with a vote of 333 in favor and 61 

against. However, it was unfortunate that the Senate did not make 

this authorization a priority, and failed to even bring up an authorization bill on the Senate floor. This year I am again hopeful that 

this committee will fulfill our obligation to the American public and 

adopt the State Department authorization bill. 

Since Congress has failed to authorize the Department of State 

for a decade now, it has weakened this committee’s ability to effectively conduct our oversight of State. This bill is once again a bipartisan, fiscally responsible, and noncontroversial bill, just like 

last year, that focuses on funding and operational authorities, and, 

importantly, it provides essential authorities for improving Embassy security so that tragic terrorist attacks like the one in 

Benghazi may be prevented. 

I thank the chairman and the ranking member, and I commend 

their staffs for their hard work and effort on this bill. Thank you, 

Mr. Chairman. 

Chairman ROYCE. Thank you. 

Mr. Faleomavaega of American Samoa. 

Mr. FALEOMAVAEGA. Thank the chairman for yielding, and not 

wanting to be repetitious of what has already been said, but I do 

want to associate myself with the comments of both our chairman 

and ranking member. 

I have somewhat of an institutional memory in terms of what we 

have dealt with, the lack of passing an authorization bill dealing 

with State Department spending, and the problem here, because 

the other body has different rules, and this is making it almost impossible for us to make it in such a way that—the way that it 

should function, not for lack of trying. And I want to commend the 

gentlelady from Florida when she chaired this committee and our 

ranking member, Mr. Howard Berman, had good efforts, and despite all our good efforts in doing this, somehow we get stuck in 

116

the other body, again, as I said earlier, because of the differences 

of rules that they have and how they take control of legislation. 

This has caused a lot of complication in our work here. 

But, again, I do want to thank both our chairman and ranking 

member for their leadership, and I sincerely hope that we are going 

to put more teeth in this whole issue of having proper jurisdiction 

and the authorization to do what we should do as far as providing 

for the necessary legislation to making sure that the operations of 

our State Department will be taken well. 

And with that, Mr. Chairman, I thank you. 

Mr. ROHRABACHER. Would the gentleman yield for a question? 

Mr. FALEOMAVAEGA. I gladly yield to the gentleman. 

Mr. ROHRABACHER. Did the experience that you had in Peshawar, at the consulate in Peshawar, dealing with the security that 

you faced there, which I happen to remember because I was the 

other—I was with you at that time, did the fact that they offered 

you a .45-caliber pistol to keep underneath your pillow make you 

any more conscious of security needs at American diplomatic facilities? 

Mr. FALEOMAVAEGA. Reclaiming my time, I want to say to my 

colleague and good friend from California, that was quite an experience. I think I was the one that had the shotgun, and you had the 

.45——

Mr. Rohrabacher. I kind of think that is what it was. 

Mr. FALEOMAVAEGA [continuing]. Under your pillow in terms of 

the safety precautions at our consulate office there in Peshawar. 

And I look forward to the next trip with you, the next time we 

might visit some friendlier countries, so we may not have to do 

this. But I think the gentleman’s comment is well taken in terms 

of making sure that the security of our Embassies and consulates 

are taken in a lot more serious fashion perhaps than what we have 

now. 

I am not here to point fingers who was at fault, and lack of funding, or lack of management, or whatever it may be, but I do want 

to thank the gentleman that there is absolutely no question in 

making sure that we in the Congress do our part, our part in giving the necessary resources for our friends at the State Department 

to do their part and to make sure that our foreign policies and 

issues that are important to our national security and economic interests in those countries of the world are taken seriously and in 

a way that it has the support, especially of this committee as the 

authorizing committee. And the gentleman I want to thank. 

Chairman ROYCE. Thank you, Mr. Faleomavaega, and I will assure you that we have a more promising outlook in the Senate this 

year for passage, and that is why I appreciate our quick action in 

getting this over to the Senate. 

Mr. Smith of New Jersey. 

Mr. SMITH. Thank you very much, Mr. Chairman. First of all, let 

me thank you for bringing an important piece of legislation before 

the committee, you and Eliot Engel. Contained within this bill 

there are a number of important provisions, but very serious and 

necessary security upgrades for our Embassies and consulates 

abroad. 

117

I was the author of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act of Fiscal Years 2000 and 

2001, which was one of those last State Department bills that we 

got passed, and that had serious upgrades, but we need to, as you 

are doing, revisit the gaps that do exist, and upgrade many, and 

put more people on the ground, more boots on the ground, so to 

speak, diplomatic security people and the like, as well as Marines. 

So, again, thank you so much, especially in this post-Benghazi 

era where multiple errors in judgment certainly led to lethal consequences, but we also know that we need to look at the other side 

of it, and that is the physical infrastructure. This bill does that. 

Also included is peacekeeping, which is so important, and I am 

so glad that you have included the $300 million for the Mali peacekeeping in Africa, which, again, is our part of trying to ensure that 

the people who have suffered so much in Mali don’t continue to suffer, and peacekeeping deployments there will make a difference. 

Let me also thank you for including in the en bloc the amendment that I offered, which, frankly, is a section that I had offered 

in two bills previously that did not get enacted into law. One of 

them was the reauthorization of the Trafficking Victims Protection 

Act, and the other was the International Megan’s Law, which was 

approved by the full House back in 2009, but in the Senate, like 

so many other bills we send them, it was never taken up. And that 

is a very important provision that will limit to 1 year, or such time 

as the Secretary of State shall determine appropriate, the period of 

validity of a passport issued to a sex offender. In other words, the 

big national Megan’s Law database will now allow—rather than 10 

years, which is a huge amount of time for these sex offenders to 

get on a plane and travel, the Secretary will have the capability to 

reduce to a year, how long that passport is valid. 

The General Accountability Office back a couple of years ago 

issued a report called, ‘‘The Current Situation Results in Thousands of Passports Issued to Registered Sex Offenders,’’ and they 

found that some 4,500 U.S. passports were issued to known registered sex offenders in Fiscal Year 2008 alone. The GAO emphasized in their report that this number is probably understated due 

to the limitations of the data that was available to analyze and to 

access. And again, let me remind members, once you get a passport, it is good for 10 years, and these people travel. Not all of 

them, but many of them, we know that these 4,500 per year are 

getting. And that calculates, you know, to about 50,000 Megan’s 

Law registered sex offenders, these are convicted pedophiles. They 

can hop on a plane and go to Cambodia, go to Bangkok, and go to 

other places to abuse little children. 

Megan Kanka, the little girl from whom Megan’s Law derives its 

name, lived in my hometown. In 1994, members will recall, Megan 

was brutally killed and exploited and raped by a convicted 

pedophile, who lived across the street from her house. I know the 

parents very well, I know the family very well, and that began the 

push in every State of the Union of what we call Megan’s Law. And 

now we have a national database that takes all of those names and 

keeps an ongoing listing of them, and there are obviously things 

they have to do. 

118

But, again, they travel. This gives the Secretary of State some 

additional authorities to make sure that he or she can limit to a 

year how long that passport is good for. 

And I would remind members finally, as my time comes to an 

end, that I will be reintroducing International Megan’s Law. It did 

pass when Howard Berman was chairman. We worked in a very bipartisan way. There was push-back from the Justice Department 

and others, which I find to this day absolutely appalling. ICE has 

done a wonderful job on a sporadic basis. When they know that 

someone is getting on a plane to travel to exploit children—and sex 

tourism is in ascendancy, not descendancy—they have advised 

countries of destination. In one case in California, it was known 

that a number of pedophiles were getting on a plane to go to Korea. 

Very fine officers in ICE notified Korea, and they said, no way, no 

way they are coming into Korea to exploit our children. 

So knowledge is power. The International Megan’s Law is a 

means of comprehensively doing this. This disparate provision of 

that, which Chairman Royce has kindly included as an—en bloc as 

part of an amendment, will at least give one tool to the Secretary 

of State to mitigate the damage done by these traveling pedophiles. 

Chairman ROYCE. Thank you. 

We go to Mr. Gregory Meeks of New York. 

Mr. MEEKS. Thank you, Mr. Chairman. 

I want to voice my support for H.R. 2848, Department of State 

and Embassy Security Authorization Act. I also want to first make 

sure that I affiliate myself with the remarks of Mr. Smith, who I 

entirely agree with in regards to stripping this so that we are not 

exporting pedophiles and we are protecting our young people. I 

want to make sure that I let you know I agree with you very much 

there. 

This bill provides critical support for U.S. diplomatic efforts 

around the world and critical programs that ensure our Nation remains strong internationally. What we spend on these efforts is a 

tiny percentage of our national spending, but yet it yields mightily 

in mighty, mighty results. 

Our Nation is stronger because of the efforts that are funded in 

this bill. We know all too well these days that our Nation’s diplomats are as much in harm’s way as many of our military personnel, and I want to thank the chairman and the ranking member 

for moving forward measures in this bill to secure our diplomats 

in a bipartisan manner. 

And I want to thank them also for advocating and keeping the 

committee’s jurisdiction over this bill. No one knows the importance and the functions of the State Department and our Embassies and our democratic programs than the members on this committee. This committee hears it, this committee understands it, and 

so, therefore, it is right that this committee has jurisdiction over 

it. 

In addition to security-related matters, I want to point out a couple of programs that I believe don’t get enough recognition, but are 

important to our Nation’s relationship building and democracy 

worldwide. This bill authorizes educational and cultural exchange 

programs, which do an excellent job of promoting U.S. interests 

abroad in a way that increases the understanding of America and 

119

our values. I have hosted many delegations of officials, civil society, 

civil servants, students, and many other groups from around the 

world under the auspices of these programs. Just last week I had 

the pleasure of being shadowed by Lloyd Hussein of the United 

Kingdom through a State Department exchange program. I can’t 

say enough about what this kind of interaction does to build understanding, partnership, and having us working together. 

Let me also mention that the National Endowment for Democracy, of which I used to sit as a board member, is authorized in 

this bill. It is also a program I cannot say enough about. Just about 

anywhere globally that people aspire to democratic governance, 

NED is there to provide technical assistance and support. 

Mr. Chairman, Mr. Ranking Member, I thank you for your efforts on these and many other measures in this bill, and I yield 

back the balance of my time. 

Chairman ROYCE. Thank you. 

We now go to Mr. Steve Chabot of Ohio. 

Mr. CHABOT. Thank you, Mr. Chairman. I will be very brief. 

Those of us who have served on this committee for a number of 

years, I think, know that for a long time we struggled on this side 

of the aisle and that side of the aisle to get our act together. We 

have done that now. We passed one in the last Congress. Unfortunately, the Senate and this House couldn’t get the two bodies together to actually pass something. 

The Foreign Affairs Committee both over here and over there 

would be much more relevant, much more significant, much more 

important if we could do that now, the two bodies together, just as 

this committee has now done in a bipartisan manner. So I would 

strongly urge members, if they have connections, colleagues over in 

the other body, we ought to be talking to them, too, because I think 

it would be very important to our country if you could have the two 

bodies get together. 

This is a well-crafted bill, it is a fiscally responsible bill, and I 

urge my colleagues to support it. 

I yield back. 

Chairman ROYCE. Your point is well taken, Mr. Chabot. Mr. 

Engel and myself are engaged, and I again stress that I think we 

have got a much more promising outlook in the Senate this year 

for passage and conference with this legislation. 

We will now go to Gerry Connolly of Virginia. 

Mr. CONNOLLY. Mr. Chairman, thank you, and, you know, as 

somebody who used to write bills like this, and having helped write 

the last foreign aid authorization bill to become law, which was in 

1986, I know how hard this can be. And I commend you and the 

ranking member, Mr. Engel, for your leadership and our staff, our 

collective staffs, for being able to pull us together. 

A couple years ago we had 2 very hot summer days and well into 

2 summer nights marking up the State Department bill, and it was 

an exercise that maybe made us feel good, but it was doomed to 

failure and died of its own weight. This is a good example of coming together and legislating, and legislating to create some common 

good. 

I particularly want to commend my colleagues and the leadership 

for how we are dealing with Embassy security. Instead of pontifiVerDate 0ct 09 2002 13:36 Sep 17, 2013 Jkt 000000 PO 00000 Frm 00123 Fmt 6633 Sfmt 6633 F:\WORK\_FULL\080113M\82309 HFA PsN: SHIRL
120

cating, instead of making political points, we are trying to legislate, 

we are trying to make our Embassies more secure, and we are trying to create a process for doing that, and I think that is a real 

contribution to the subject. 

So thank you, Mr. Chairman and Mr. Engel, for your leadership, 

and I look forward to supporting the legislation. 

I yield back. 

Chairman ROYCE. We go to Judge Ted Poe of Texas. 

Mr. POE. Thank the chairman, especially for putting this bill together so that Congress can do its part when it comes to oversight 

and authorization. The bill shows the seriousness of the committee. 

I would also like to thank the chairman for his support for adding stronger language about making sure that we are getting results from our programs. 

The bill provides congressional authorization for the Center for 

Strategic Counterterrorism Communications. The Center’s job is to 

coordinate our Government’s messaging against terrorists throughout the world. For Congress, authorizing the creation of a new organization doesn’t end with a vote. Our new language requires the 

State Department to establish measurable goals, performance 

metrics, and strict monitoring and evaluation. This will help the 

Center and Congress evaluate and learn what has taken place. We 

need to support the programs that are bringing results and get rid 

of the ones that aren’t. I hope we can do this across the board with 

foreign aid. 

H.R. 2638, the Foreign Aid Transparency and Accountability Act, 

the lead sponsor is my, as I affectionately say, greatest irritant, 

Mr. Connolly from Virginia——

Mr. CONNOLLY. You don’t mean that. 

Mr. POE [continuing]. This bill requires monitoring, evaluation, 

and transparency of all our foreign aid programs, and I thank him 

for the work on this. Last year’s version passed the House unanimously, and I hope we can do the same this year with the committee and the chairman’s support. I thank the chairman for including the language, and I am pleased for his support. 

I yield back. 

Chairman ROYCE. Thank you. 

We go now to Congressman Bill Keating of Massachusetts. 

Mr. KEATING. Thank you, Mr. Chairman. First of all, I would like 

to thank the chair and the ranking member for including in the en 

bloc package my amendment dealing with educational cultural exchange. As we are seeing, conflict and civil strife are not restricted 

to countries in transition or emerging governances. 

My amendment would ensure the State resources are adequately 

expended to programs that serve areas of continued unrest. It is in 

these sometimes volatile regions that educational cultural exchanges are the most critical in promoting democracy building and 

stability. So I would like to thank the chair and ranking member 

for that. 

Secondly, I intended to offer an amendment to deal with the impact of extremism on women in high-risk countries. This would 

help ensure that the State Department works to counter extremist 

rhetoric and behaviors, and as they do this, they will also work to 

121

promote women’s education and positions in society as a tool to 

counter extremism. 

Women are uniquely positioned to counter radicalization both at 

home and in their communities, and are a vital component of counterterrorism efforts. Further, the treatment of women in countries 

experiencing a political transition can serve as a bellwether for extremist policies to come. In some ways this can even be more telling than what the actual leaders of countries may be saying to U.S. 

officials. 

The promotion of women’s education and civic engagement 

should be at the forefront of much of what we have to do in fragile 

and transitioning states. Social and legal institutions still do not 

guarantee women equality and basic legal or human rights. Furthermore, laws against domestic violence are often not enforced on 

behalf of women. 

More women than men live in poverty, and approximately twothirds of the illiterate adults in the world are female. Social and 

legal institutions still do not guarantee women equality in basic 

legal and human rights; access to or control of other resources in 

employment, earnings, and social and political participation. Furthermore, laws against domestic violence are often simply not enforced. 

Women are subject to different forms of violence globally, physical, sexual, psychological, and economic, both within and outside 

their homes. Rates of women experiencing physical violence at least 

once in their life can vary from several percent to over 60 percent 

depending on the region in which they live. 

Flowing from this discussion of the amendment, it is now my understanding that the committee is willing to instead hold a firstof-its-kind hearing on this subject in the near future. As such, I 

withdraw my amendment today, and I look forward to working 

with the chairman—thank the chairman and the ranking member 

and their staffs—and other members of the committee to further 

promote by holding an entire hearing on strengthening the role of 

women in an effort to counter the effects of violent extremism. So 

I withdraw my amendment and thank the chairman and his staff, 

the ranking member and their staff, for holding a first-of-its-kind 

type of hearing in the near future. 

Thank you, Mr. Chairman. 

Chairman ROYCE. Well, I appreciate the gentleman’s cooperation 

and support for the underlying bill. And Mr. Keating raises a very 

important issue. Women all over the world face incredible oppression, and this is an issue that Mr. Keating and I have talked about, 

what we see today or have seen in Mali, for example, what we have 

seen in the Middle East, parts of Asia, and I look forward to continuing to highlight this with a forum to do so, because you are absolutely right, as we have discussed. And I appreciate one more 

time the gentleman from Massachusetts’ support for the underlying 

legislation. 

We will go down to Mr. Duncan of South Carolina. 

Mr. DUNCAN. Thank you, Mr. Chairman. I want to just reiterate 

my thanks to you and the ranking member for your work on H.R. 

2848. 

122

I want to specifically talk about an amendment in the en bloc, number 23. In February, the State Department requested $900 million for a brand new Foreign Affairs Security Training Center, and 

the State Department has indicated that it will work with the Department of Homeland Security to evaluate whether any training 

capacity for State Department personnel is available at the Federal 

Law Enforcement Training Center, or FLETC, which is one of several FLETC facilities nationwide. 

I act as chairman of the Oversight Subcommittee of the Homeland Security Committee, and I have worked closely to consider the 

capabilities of FLETC, and in May I led a subcommittee site visit 

to the FLETC facility out in Maryland. As a component of DHS, 

FLETC serves as an interagency law enforcement training organization for all Federal departments; three branches of the government; State, local, rural, tribal, territorial and international law 

enforcement agencies. 

This training ranges from basic programs like the criminal investigator training program to advanced training programs such as cyberterrorism, financial forensics, and money laundering training. 

FLETC has the current capacity and capability to train and take 

on training of State Department personnel without State Department building a brand new, expensive facility. 

So I want to urge my colleagues to support the swift passage of 

H.R. 2848, and with that I will yield back. 

Chairman ROYCE. Thank the gentleman. 

We go now to David Cicilline of Rhode Island. 

Mr. CICILLINE. Thank you, Mr. Chairman. 

I want to begin by echoing the remarks of my colleagues and recognizing the strong bipartisan manner in which we are marking up 

this State Department authorization legislation, and note my appreciation for the inclusion of some of my proposals among the bipartisan amendments accepted in the manager’s package. I thank 

Chairman Royce and Ranking Member Engel for their leadership. 

United Nations peacekeeping troops support the U.S. principles 

of peace and democracy around the world; however, in the current 

fiscal climate, our peacekeeping budgets often fall short of the 

needs on the ground. This problem is exacerbated by the fact that 

our fiscal calendar and that of the United Nations are not synchronized. As a result, we are forced to engage in complicated accounting transactions to pay our peacekeeping bills on time, even 

when the Congress has appropriated enough money to pay those 

bills. 

That is why I, along with Ranking Member Karen Bass, proposed 

an amendment to provide the State Department additional flexibility to pay its bills to the United Nations from appropriated 

funds. The amendment is budget neutral and focuses on addressing 

only the issue of flexibility. It is not providing additional funds to 

the U.N. 

We can and often do disagree about appropriate funding levels, 

but we should all agree that if we appropriate money for peacekeeping, we ought to make sure it gets to where it needs to go, and 

that it gets there on time. And both Congresswoman Bass and I 

both appreciate the inclusion of this proposal in the manager’s 

amendment. 

123

I also appreciate the inclusion of a technical change to protect 

the integrity of our Foreign Service by clarifying a provision in the 

bill that would allow open positions to be filled by non-Foreign 

Service officers in time of need. I support the provision in the bill, 

and my amendment will make it clear that this allowance is merely 

temporary. 

The men and women of the Foreign Service, like their brothers 

and sisters in the military, serve overseas in war zones and dangerous places and sometimes even make the ultimate sacrifice. Foreign Service officers and their families suffer from exposure to tropical diseases, and the assignment to countries with inadequate 

healthcare systems and potential exposure to crime, violence, civil 

unrest, and warfare. Throughout their careers serving our country, 

they amass a great deal of experience, and it is in our best interests to continue to leverage their expertise when possible. 

Finally, as we discuss the operation of our State Department for 

next year, I would like to specifically note the work that the U.S. 

Department of State and our Foreign Service officers around the 

world are doing to protect and promote the human rights for individuals globally, including lesbian, gay, bisexual, and transgender 

persons. I recognize their good work and encourage them to build 

upon it today, because there is a severe cause for concern. Just in 

the past month LGBT individuals have been brutally tortured and 

killed in Cameroon, attacked and arrested in Russia, and harassed 

and abused in Jamaica. And I am sorry to say that the list goes 

on and on. 

Yet despite these challenges, remarkable progress is being made 

to ensure that, as the Universal Declaration of Human Rights 

states, all men are born free and equal in dignity and rights, regardless of where they born or where they live. The United States 

has long stood as a beacon of freedom for all, and we have defended 

those freedoms here at home and, importantly, around the world; 

freedom and equality for women, for children, for religious, racial, 

and ethnic minorities, and for LGBT individuals. 

There is much more we can do, and I encourage the dedication 

of additional resources and support to protect these basic human 

rights, for regardless of one’s personal views, we can all agree that 

no one should be targeted or attacked or killed on the basis of sexual orientation or gender identity. I am proud the State Department under Secretary Kerry is continuing to expand and develop 

its work in this important area, and I look forward to working with 

this committee moving forward to ensure we are providing the necessary support, guidance, and pressure on human rights issues. 

I am very pleased by how much we have accomplished over the 

last few years, and I want to thank our chairman emeritus, Ileana 

Ros-Lehtinen, for endless support of the LGBT community and her 

willingness to work across the aisle. Her commitment and leadership has helped grow bipartisan support for these issues. 

I look forward to working with Chairman Royce, and Ranking 

Member Engel and members of this committee to elevate the importance of human rights of LGBT individuals internationally, and 

for continuing a formal dialogue with the State Department in a 

bipartisan manner to protect human rights for all. 

And I thank you, Mr. Chairman, and yield back. 

124

Chairman ROYCE. Thank you. 

We go to Scott Perry of Pennsylvania. 

Mr. PERRY. I thank you, Chairman Royce and Ranking Member 

Engel. We appreciate this, and I appreciate this opportunity and 

your diligence in bringing this to the floor. 

In the wake of the security incident at the State Department facility in Libya last year, it was brought to this committee’s attention that future Accountability Review Boards should have more 

flexibility and clear guidance to make disciplinary recommendation, 

but these fixes would require change to the ARB’s authorizing statute. So I, with the capable help of the gentlelady from New York, 

Ms. Meng, have drafted an amendment that does just that. And 

with this bipartisan legislation, if an ARB finds that a State Department employee’s unsatisfactory performance or misconduct has 

significantly contributed to a security incident, the ARB can recommend that the employee be disciplined appropriately. 

While we certainly understand the vast majority, the vast majority, of State Department employees are capable and dedicated public servants, the ARB should be given more leeway to recommend 

disciplinary actions and clear guidance for doing so. 

Thank you, Mr. Chairman, and I yield back. 

Chairman ROYCE. We go now to Mr. Juan Vargas of California, 

or was Mr. Ted Deutch seeking recognition first? Mr. Ted Deutch 

of Florida. 

Mr. DEUTCH. Thank you. Thank you, Chairman Royce, and I 

want to thank you and Ranking Member Engel for working together to put forth a bipartisan State authorization bill that keeps 

intact the ability for the United States to continue to engage 

around the world, while preserving our national security interests 

and protecting the brave men and women of the Foreign Service. 

They are the ones who walk the streets in cities around the world, 

often in volatile and hostile places, day after day, talking face to 

face with people, sharing American values and American ideals. 

I am pleased to see that that bill includes much of the ranking 

member’s Embassy Security Act that will help ensure that our diplomatic facilities and our diplomats are protected. 

The devastating cuts put forth in this year’s State foreign ops appropriations bill would greatly hinder the State Department’s ability to engage both bilaterally and multilaterally. This bill ensures 

that the United States can continue to keep our commitments to 

international peacekeeping and international organizations. 

We must promote American engagement. As ranking member of 

the Middle East Subcommittee, I would urge my colleagues to support the strong role that the United States must play throughout 

the world and promoting American ideals. We have to continue to 

actively promote our priorities of human rights, of democracy, and 

of equality. 

I know, we all know, that we have to make difficult choices during these tough budget times, but reducing America’s role in the 

world, particularly when the International Affairs budget only 

makes up less than 1 percent of the Federal budget, is not only 

devastating to our allies, but, most importantly, it is devastating 

to our security interests and our security interests around the 

world. 

125

So, again, I want to thank Chairman Royce and Ranking Member Engel for working to preserve those efforts. I appreciate the 

time, and I yield back. 

Chairman ROYCE. Thank you, Mr. Deutch. 

Mr. Juan Vargas of California. 

Mr. VARGAS. Thank you very much, Mr. Chairman. I, too, want 

to thank you and the ranking member for all of the hard work that 

you have put into this bill, especially for the security of our Embassies. So I won’t go and repeat everything that has been said, but 

I do want to thank you very much. 

I do want to ask a question, however, that came up since we 

have been here, and this is under Title II, subtitle B, section 212, 

Border Crossing Fee for Minors. I am not sure who would be the 

appropriate person to ask this question. 

Chairman ROYCE. I would probably be the appropriate person at 

this time, Mr. Vargas. Go ahead. 

Mr. VARGAS. Thank you, Mr. Chairman. 

I would ask, then, the border crossing fee for minors, does it 

apply to both borders equally, the northern border and the southern border? I represent California, the southern border, as you 

know, and would like to know if this fee is a fee that is collected 

at both borders, and if not, why not? 

Chairman ROYCE. I am going to say that as I reference that, 

what we have included in the measure is the request from the administration, and, of course, the issue goes to the machine-readable 

U.S. border-crossing ID card. And just as in previous years, the 

State Department requests the change, in this particular case we 

are acting at their request, because the cards now include more 

premium features, and this change simply allows them to recoup 

the costs. Or they don’t recoup the costs, but they would recoup a 

larger percentage, as I recall, of the cost, a greater proportion, for 

providing the service. 

So I think the question would go to if this is a service provided 

uniquely to the southern border, then that is why the language 

might only—as you have pointed out, might only reference the 

southern border. We are in the process right now of checking to see 

if that feature is also used on the border, northern border, and if 

so, then we would concur with you, I think, that we would want 

to make an identical change to the northern border. 

If you will give me a few more minutes, I think we will have the 

opportunity to review the issue with State and whether it is equitably done. I will assure you this: We will work with you to get 

that equitable resolution to the problem before this goes to the 

floor, if that is—if that meets with your accord. 

Mr. VARGAS. Absolutely. And again, I thank you very much for 

looking at that issue, and again, I thank you so much for your hard 

work on this bill. 

Chairman ROYCE. Thank you, Mr. Vargas. 

Mr. VARGAS. Thank you, sir. 

Chairman ROYCE. And I believe Mr. Brad Schneider was seeking 

recognition next. 

Mr. SCHNEIDER. Thank you, Chairman, and I will be brief as 

well. 

126

I want to thank the chair and ranking member for bringing this 

important piece of legislation to the committee for consideration. I 

will repeat what has already been said, that this is a good bill. The 

legislation not only authorizes funds for the Department of State, 

but also addresses many of the pressing needs our Embassies and 

consulates around the world have, particularly updating, upgrading 

necessary security. 

The important provisions in this bill will provide funding for the 

essential work that is performed by our Foreign Service officers 

and diplomats, and also create a reinforcing system of security to 

ensure their continued safety. 

We cannot, in fact we must not, sacrifice our engagement in the 

world under the guise of fiscal prudence. This bill strikes a responsible balance between physical security needs of our diplomatic facilities around the world without overly burdening our extremely 

talented Foreign Service corps with rules and regulations that 

would otherwise restrict their ability to perform their important 

work. 

I did want to thank the committee for addressing these critical 

needs, and I yield back the balance of my time. 

Chairman ROYCE. I thank the gentleman. 

Any other members seeking recognition at this time? 

Yes. Grace Meng of New York. 

Ms. MENG. I would like to thank Chairman Royce, Ranking 

Member Engel, and their staffs for all your hard work on today’s 

important legislation. I specifically wanted to thank you for agreeing and working to incorporate the Perry-Meng amendment into 

this year’s State Department authorization bill. 

This past December an Accountability Review Board, or ARB, 

was convened to assess the State Department’s policies and response to the attack in Benghazi. However, under the current authorizing statute, an ARB can only recommend disciplinary action 

against the State Department employee, where there has been a 

‘‘breach of duty,’’ a standard which is held very high and very hard 

to understand. As a result, the Benghazi ARB was unable to recommend disciplinary action against even a single State Department employee. 

The Perry-Meng amendment changes that. By lowering and clarifying the standard by which future ARBs can recommend disciplinary actions, our amendment will ensure greater accountability 

and responsibility at the State Department in the years to come 

and prevent future Benghazis. 

I thank the committee for its consideration, and I hope we can 

continue to move forward in a productive, bipartisan fashion on 

this and other issues. 

And I yield back my time. 

Chairman ROYCE. Thank you very much, Congresswoman. 

We will now go to Lois Frankel of Florida. 

Ms. FRANKEL. Thank you, Mr. Chair, and——

Chairman ROYCE. And then—okay, very good. 

Ms. Frankel. 

Ms. FRANKEL. Thank you, Mr. Chairman. Thank you also to the 

ranking member and yourself for this bipartisan effort. And I want 

127

to thank Mr. Waddell for working on a provision that you have included in this bill. 

One of the privileges of being on this committee has been the opportunity to meet many of our Ambassadors, our own Ambassadors 

and Ambassadors from other countries. And I think many people 

don’t realize how professional and competent and dedicated these 

folks are. 

When we had the hearings on Benghazi, one of the recommendations of Secretary Clinton, once we asked, you know, what she 

would recommend to make the security better for our diplomats, is 

she asked for more flexibility in terms of best-value contracting. 

And that is provided for in this main bill, and I want to again 

thank Mr. Royce and Mr. Engel for including that. 

And I yield back. 

Chairman ROYCE. Thank you. 

Are there any other members seeking recognition? 

I think we have Alan Lowenthal of California. 

Mr. LOWENTHAL. I just want to concur with what everyone else 

has said. You know, as a new Member to the Congress, it is in an 

environment that has been, I think, aptly described as highly partisan. This committee is not that way. This committee is bipartisan, works well together. The Security Authorization Act reflects 

that. And I want to really thank the chair for his leadership on Vietnamese human rights actions. It has been wonderful working 

with the chair, and I just really wish to thank him and Mr. Smith 

also. Thank you so much. 

Chairman ROYCE. Thank you, Mr. Lowenthal. 

Any other members seeking recognition? 

Mr. Joaquin Castro from Texas. 

Mr. CASTRO. Thank you, Chair, and again, let me say thank you 

to the chairman and the ranking member for your leadership on 

this bill and for doing everything that we can to make sure the 

State Department has the resources it needs to effectively do diplomacy around the world. 

I would just echo also Congressman Vargas’ concern on section 

212 on the border-crossing fee for minors and note that it is a jump 

of about 500 percent on that card. I hope that, as you mentioned, 

Chair, that we can work together to make sure that that cost is 

spread evenly, if there is a card that is issued on the northern border or a card that is issued to folks of other countries as well. 

Chairman ROYCE. I concur, Mr. Castro, absolutely, with your 

point. We will get together. 

Mr. CASTRO. That is an important thing, particularly for folks in 

border communities where you have literally millions of people 

crossing back and forth every year, mostly for the purposes of commerce, and essentially helping to support the many American businesses along the U.S.-Mexico border. So thank you very much. 

Chairman ROYCE. Thank you. 

Any other members seeking recognition? 

If not, the question occurs on agreeing to the amendments being 

considered en bloc. 

All those in favor, say aye. 

All those opposed, no. 

128

In the opinion of the Chair, the ayes have it, and the amendments considered en bloc are agreed to. 

Are there any further amendments? 

Hearing no further amendments to this measure, the question 

occurs on agreeing to H.R. 2848, as amended. 

All those in favor, say aye. 

All those opposed? 

In the opinion of the Chair, the ayes have it, and the bill is 

amended as agreed to, and without objection, H.R. 2848, as amended, is ordered favorably reported and will be reported as a single 

amendment in the nature of a substitute. 

Also, without objection, staff is directed to make technical and 

conforming changes, and the Chairman is authorized to seek House 

consideration of this legislation under suspension of the rules. 

And I want to again thank Ranking Member Engel and all of our 

committee members for their contribution to this important legislation, and their assistance in today’s markup. 

So the committee at this time stands adjourned. 

[Whereupon, at 11:20 a.m., the committee was adjourned.] 

(129)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

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82309n.eps

FULL COMMITTEE MARKUP NOTICE 

COMMlTTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATiVES 

WASHINGTON, DC 20515-6128 

Edward R. Royce (R-CA), Chairman 

August 1,2013 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfully requested to attend an OPEN meeting of the Committee on Foreign 

Affairs, to be held in Room 2172 of the Rayburn House Ofilce Building (and available live on 

the Committee website at JillQ:iiwwvv.fol3JignMlllirsJ!.QIJse.gov) 

DATE: 

TIME: 

MARKlJPOF: 

Thursday, August 1,2013 

10:00 a.m. 

H.R. 2848, Department of State Operations and Embassy Security 

Authorization Act, Fiscal Year 2014; and 

H.R. 419, To strengthen and clarify the commercial, cultural, and other 

relations between the people of the United States and the people of 

Taiwan, as codified in the Taiwan Relations Act, and for other purposes. 

By Direction of the Chairman 
131


82309m-1.eps

COMMITTEE ON FOREIGN AFFAIRS 

MD.lJTES OF FULL COl\1MlTTEE 'vIARKUP 

Day_---""'T.!.!'h"'u"-'r''''d'''a''-r_~Date ___ _''0_''8/i'_''()'''1I'_'1'''3'____ __ Room, ___ _=2",1-,-7.::2 __ _ 

St3l'ting Time 10:11 a.m. Ending Time 11:20 a.m. 

Recesses ,_0_ L-to --l L-to __ ) L-to --l L-to --l L-to __ ) L-to __ ) 

Presiding 1\Iember(s) 

Chuitman Edward R. Rocye 

Check all of the following that app(v: 

Open Session [2J 

Executiye (closed) Session D Televised [Z] 

Electronically Recorded (taped) [2J 

Stenugraphic Recurd [2] 

BILLS FOR MARKUP: (Include bill number(s) and title(s} of legislation.) 

H.R.2848 

H.R.419 

COM\UTTEE MKVlBERS PRESENT: 

See Attached Sheet. 

NON"COMMITTEE MEMBERS PRESENT: 

NOlie. 

STATEMENTS FOR THE RECORD: (List any statements submitted/or the record.) 

NOlie. 

ACTIONS TAKEN DURDIG THE MARKUP: (Attach copies oflegislarion and amendments.) 

lU:COKnt~n VOTES TAKEN (FOR MARKUP): (Attach]inal vote tally sheet listing each member) 

Not Voting 

TIME SCHEDULED TO RECONVE"IE ___ _ 

or 

'JIM~: An.rOURI\,m 11:20 a.m. 

~kJ (}.~" D~ug Inderson, General Counsel 
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82309m-2.eps

Present 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

HOUSE COMMITTEE ON FOREIGN AFFAIRS 

"Full Committee Markup" 

June 27,2013 

Member Present Member 

Edward R. Royce. CA X EliotL EngcLNY 

Christopher H. Smith, NJ X Eni F.H. Faleomavaega, AS 

lleana Ros-Lehtinen. FL X Brad Sherman. C A 

Dana Rohrabachcr. CA X Gregory W. Meeks. NY 

Steve Chabot. OH X Albio Sires. NJ 

Joe Wilson. SC X Gerald E. Connolly. VA 

Michael T. McCaul, TX X ll1eodore E. Deutch. FL 

Tcd Poe. TX Brian Higgins. NY 

Matt Salmon. AZ X Karen Bass. CA 

Tom Marino, PA X William Keating. MA 

Jeff Duncan. SC X David Cieilline. RI 

Adanl Kinzinger, lL Alan Grayson. FL 

Mo Brooks. AL X Juan Vargas, CA 

Tom Cotton. AR X Bradley S. Schneider, lL 

Paul Cook. CA X Joseph P. Kennedy III. MA 

George Holding, N C Ami Bera. CA 

Raudv K. Weber, Sr., TX X Alan S. Lowenthal, CA 

Scott Perry, PA X Grace Meng, NY 

Steve Stockman. TX X Lois FrankeL FL 

Ron DeSantis. FL X Tulsi Gabbard. HI 

Trey RadeL FL X Joaquin Castro, TX 

Doug Collins. GA 

Mark Mcadows. NC 

Ted S. Yoho. FL 

Luke Messer. TN 
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8/1/13 Foreign Affairs Committee Markup Summary 

The Chair called up the following measures: 

1. H.R. 419 CRos-Lehtinen), "To strengthen and clarify the commercial, cultural, and other 

relations between the people of the United States and the people of Taiwan, as codified in the 

Taiwan Relations Act, and for other purposes." 

a. By unanimous consent, Ros-Lehtinen 27, an amendment in the nature of a substitute 

(previously provided to Members of the Committee) was considered the base text. 

1) Grayson 198, a second degree amendment to Ros-Lehtinen 27 (previously provided 

to Members of the Committee) was agreed to by unanimous consent. 

RR. 419, as amended by Ras-Lehtinen 27 and Grayson 198, was agreed to by voice vote and 

ordered favorabl y reported to the House by unanimous consent. 

2. HK 2848 (Royce-Engel), "Department of State Operations and Embassy Security 

Authorization Act, Fiscal Year 2014." 

By unanimous consent, the Manager called up the following amendments (also previously 

provided to Members of the Committee) to be considered en bloc and which were agreed to by 

voice vote: 

I) Keating 8 

2) Cicilline 23 

3) McCaul30 

4) Marino 27 

5) Stockman 8 

6) Smith 33 

7) Cicilline-Bass 

8) Perry-Meng 18 

9) Grayson 197 

10) Duncan 23 

11)Royce 49 

H.R. 2848, as amended, was agreed to by voice vote and ordered favorably reported to the 

House by unanimous consent. 

The Committee adjourned.