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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2848 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 2848

_______________________________________________________________________

                                 AN ACT

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of State Operations and 
Embassy Security Authorization Act, Fiscal Year 2014''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appropriate congressional committees defined.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.
Sec. 102. Contributions to international organizations.
Sec. 103. Contributions for international peacekeeping activities.
Sec. 104. International commissions.
Sec. 105. National Endowment for Democracy.
Sec. 106. Prohibition on use of funds relating to Federal Acquisition 
                            Regulation.
Sec. 107. Prohibition on use of funds relating to security and training 
                            facility.
        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

Sec. 201. Foreign Service Act of 1980.
Sec. 202. Center for strategic counterterrorism communications of the 
                            Department of State.
Sec. 203. Anti-piracy information sharing.
           Subtitle B--Consular Services and Related Matters

Sec. 211. Extension of authority to assess passport surcharge.
Sec. 212. Authority to restrict passports.
                   Subtitle C--Reporting Requirements

Sec. 221. Reporting reform.
           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

Sec. 301. Suspension of foreign service members without pay.
Sec. 302. Repeal of recertification requirement for senior foreign 
                            service.
Sec. 303. Limited appointments in the foreign service.
Sec. 304. Limitation of compensatory time off for travel.
Sec. 305. Department of State organization.
Sec. 306. Overseas comparability pay limitation.
          TITLE IV--EMBASSY SECURITY AND PERSONNEL PROTECTION

              Subtitle A--Review and Planning Requirements

Sec. 411. Designation of high risk, high threat posts and working 
                            groups.
Sec. 412. Contingency plans for high risk, high threat posts.
Sec. 413. Strategic review of Bureau of Diplomatic Security.
Sec. 414. Revision of provisions relating to personnel recommendations 
                            of Accountability Review Board.
        Subtitle B--Physical Security and Personnel Requirements

Sec. 421. Capital security cost sharing program.
Sec. 422. Local guard contracts abroad under diplomatic security 
                            program.
Sec. 423. Transfer authority.
Sec. 424. Security enhancements for soft targets.
Sec. 425. Reemployment of annuitants.
Sec. 426. Sense of Congress regarding minimum security standards for 
                            temporary United States diplomatic and 
                            consular posts.
Sec. 427. Assignment of personnel at high risk, high threat posts.
Sec. 428. Bureau of Diplomatic Security mobile biometric enrollment 
                            program.
                     Subtitle C--Security Training

Sec. 431. Security training for personnel assigned to high risk, high 
                            threat posts.
Sec. 432. Report to Congress.
  Subtitle D--Expansion of the Marine Corps Security Guard Detachment 
                                Program

Sec. 441. Marine Corps Security Guard Program.

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    Except as otherwise provided in this Act, the term ``appropriate 
congressional committees'' means the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Relations of 
the Senate.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    The following amounts are authorized to be appropriated for the 
Department of State under ``Administration of Foreign Affairs'' to 
carry out the authorities, functions, duties, and responsibilities in 
the conduct of foreign affairs of the United States, and for other 
purposes authorized by law:
            (1) Diplomatic and consular programs.--For ``Diplomatic and 
        Consular Programs'', $8,481,854,000 for fiscal year 2014.
                    (A) Bureau of democracy, human rights, and labor.--
                Of such amounts, not less than $26,839,000 for fiscal 
                year 2014 is authorized to be appropriated for the 
                Bureau of Democracy, Human Rights and Labor.
                    (B) Worldwide security protection.--Of such 
                amounts, not less than $2,182,135,000 for fiscal year 
                2014 is authorized to be appropriated for worldwide 
                security protection.
            (2) Capital investment fund.--For ``Capital Investment 
        Fund'', $76,900,000 for fiscal year 2014.
            (3) Educational and cultural exchange programs.--For 
        ``Educational and Cultural Exchange Programs'', $535,000,000 
        for fiscal year 2014, of which funding for educational and 
        cultural programs that occur in countries or regions that are 
        at risk of, in, or are in transition from, conflict or civil 
        strife should be prioritized.
            (4) Conflict stabilization operations.--
                    (A) In general.--For ``Conflict Stabilization 
                Operations'', $45,207,000 for fiscal year 2014.
                    (B) Transfer.--Subject to subparagraph (C) of this 
                paragraph, of the amount authorized to be appropriated 
                pursuant to paragraph (1), up to $35,000,000 is 
                authorized to be transferred to, and merged with, the 
                amount specified in subparagraph (A) of this paragraph.
                    (C) Notification.--If the Secretary of State 
                exercises the transfer authority described in 
                subparagraph (B), the Secretary shall notify the 
                Committee on Foreign Affairs and the Committee on 
                Appropriations of the House of Representatives and the 
                Committee on Foreign Relations and the Committee on 
                Appropriations of the Senate.
            (5) Representation allowances.--For ``Representation 
        Allowances'', $6,933,000 for fiscal year 2014.
            (6) Protection of foreign missions and officials.--For 
        ``Protection of Foreign Missions and Officials'', $27,750,000 
        for fiscal year 2014.
            (7) Emergencies in the diplomatic and consular service.--
        For ``Emergencies in the Diplomatic and Consular Service'', 
        $9,073,000 for fiscal year 2014.
            (8) Repatriation loans.--For ``Repatriation Loans'', 
        $1,374,000 for fiscal year 2014.
            (9) Payment to the american institute in taiwan.--
                    (A) In general.--For ``Payment to the American 
                Institute in Taiwan'', $21,778,000 for fiscal year 
                2014.
                    (B) Transfer.--Subject to subparagraph (C) of this 
                paragraph, of the amount authorized to be appropriated 
                pursuant to paragraph (1), up to $15,300,000 is 
                authorized to be transferred to, and merged with, the 
                amount specified in subparagraph (A) of this paragraph.
                    (C) Notification.--If the Secretary of State 
                exercises the transfer authority described in 
                subparagraph (B), the Secretary shall notify the 
                Committee on Foreign Affairs and the Committee on 
                Appropriations of the House of Representatives and the 
                Committee on Foreign Relations and the Committee on 
                Appropriations of the Senate.
            (10) Office of the inspector general.--For ``Office of the 
        Inspector General'', $119,056,000 for fiscal year 2014, 
        including for the Special Inspector General for Iraq 
        Reconstruction and the Special Inspector General for 
        Afghanistan Reconstruction, notwithstanding section 209(a)(1) 
        of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) as 
        such section relates to the inspection of the administration of 
        activities and operations of each Foreign Service post.
            (11) International chancery center.--For ``International 
        Chancery Center (ICC)'', $5,450,000 for fiscal year 2014.
            (12) Embassy security, construction and maintenance.--For 
        ``Embassy Security, Construction and Maintenance'', 
        $2,649,351,000 for fiscal year 2014.

SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    There are authorized to be appropriated for ``Contributions to 
International Organizations'', $1,400,000,000 for fiscal year 2014, for 
the Department of State to carry out the authorities, functions, 
duties, and responsibilities in the conduct of the foreign affairs of 
the United States with respect to international organizations and to 
carry out other authorities in law consistent with such purposes. The 
Secretary shall notify the appropriate congressional committees not 
less than fifteen days prior to obligating funds authorized under this 
section to implement or establish any principle commission or 
organization required by a treaty that has not been ratified by the 
Senate.

SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.

    There are authorized to be appropriated for ``Contributions for 
International Peacekeeping Activities'', $1,942,000,000 for fiscal year 
2014 for the Department of State to carry out the authorities, 
functions, duties, and responsibilities of the United States with 
respect to international peacekeeping activities and to carry out other 
authorities in law consistent with such purposes, except that such 
amounts may not be used to support any United Nations Unmanned Aerial 
Systems (drone) activities or missions operating in United States 
airspace, including United States territories and possessions. 
Notwithstanding any other provision of law, funds authorized to be 
appropriated under this section are authorized to remain available 
until September 30, 2015.

SEC. 104. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated under 
``International Commissions'' for the Department of State to carry out 
the authorities, functions, duties, and responsibilities in the conduct 
of the foreign affairs of the United States and for other purposes 
authorized by law:
            (1) International boundary and water commission, united 
        states and mexico.--For ``International Boundary and Water 
        Commission, United States and Mexico''--
                    (A) for ``Salaries and Expenses'', $44,722,000 for 
                fiscal year 2014; and
                    (B) for ``Construction'', $31,400,000 for fiscal 
                year 2014.
            (2) International boundary commission, united states and 
        canada.--For ``International Boundary Commission, United States 
        and Canada'', $2,449,000 for fiscal year 2014.
            (3) International joint commission.--For ``International 
        Joint Commission'', $7,012,000 for fiscal year 2014.
            (4) International fisheries commissions.--For 
        ``International Fisheries Commissions'', $31,445,000 for fiscal 
        year 2014.
            (5) Border environment cooperation commission.--For 
        ``Border Environment Cooperation Commission'', $2,386,000 for 
        fiscal year 2014.

SEC. 105. NATIONAL ENDOWMENT FOR DEMOCRACY.

    There are authorized to be appropriated for the ``National 
Endowment for Democracy'' for authorized activities $117,764,000 for 
fiscal year 2014.

SEC. 106. PROHIBITION ON USE OF FUNDS RELATING TO FEDERAL ACQUISITION 
              REGULATION.

    No funds under this Act are authorized to be appropriated to enter 
into a contract with any offeror or any of its principals if the 
offeror certifies, pursuant to the Federal Acquisition Regulation, that 
the offeror or any of its principals--
            (1) within a three-year period preceding this offer has 
        been convicted of or had a civil judgment rendered against it 
        for commission of fraud or a criminal offense in connection 
        with obtaining, attempting to obtain, or performing a public 
        (Federal, State, or local) contract or subcontract; violation 
        of Federal or State antitrust statutes relating to the 
        submission of offers; or commission of embezzlement, theft, 
        forgery, bribery, falsification or destruction of records, 
        making false statements, tax evasion, violating Federal 
        criminal tax laws, or receiving stolen property; or
            (2) are presently indicted for, or otherwise criminally or 
        civilly charged by a governmental entity with, commission of 
        any of the offenses enumerated in paragraph (1); or
            (3) within a three-year period preceding this offer, has 
        been notified of any delinquent Federal taxes in an amount that 
        exceeds $3,000 for which the liability remains unsatisfied.

SEC. 107. PROHIBITION ON USE OF FUNDS RELATING TO SECURITY AND TRAINING 
              FACILITY.

    No funds under this Act are authorized to be appropriated for any 
new Department of State security and training facility, including the 
proposed Foreign Affairs Security Training Center, for which there is 
not a completed, independent feasibility study that has been provided 
to the appropriate congressional committees, verifying that safety and 
security training for all Department personnel who require such 
training cannot reasonably be provided at the existing Federal Law 
Enforcement Training Facility.

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

SEC. 201. FOREIGN SERVICE ACT OF 1980.

    Section 501 of the Foreign Service Act of 1980 (22 U.S.C. 3981) is 
amended by inserting ``If a position designated under this section is 
unfilled for more than one single assignment cycle, such position shall 
be filled, as appropriate, on a temporary basis, in accordance with 
section 303 or 309.'' after ``Positions designated under this section 
are excepted from the competitive service.''.

SEC. 202. CENTER FOR STRATEGIC COUNTERTERRORISM COMMUNICATIONS OF THE 
              DEPARTMENT OF STATE.

    (a) Statement of Policy.--As articulated in Executive Order 13584, 
issued on September 9, 2011, it is the policy of the United States to 
actively counter the actions and ideologies of al-Qa'ida, its 
affiliates and adherents, other terrorist organizations, and violent 
extremists overseas that threaten the interests and national security 
of the United States.
    (b) Establishment of Center for Strategic Counterterrorism 
Communications.--There is authorized to be established within the 
Department of State, under the direction of the Secretary of State, the 
Center for Strategic Counterterrorism Communications (in this section 
referred to as the ``CSCC'').
    (c) Mission.--The CSCC may coordinate, orient, and inform 
Government-wide public communications activities directed at audiences 
abroad and targeted against violent extremists and terrorist 
organizations, especially al-Qa'ida and its affiliates and adherents.
    (d) Coordinator of the Center for Strategic Counterterrorism 
Communications.--The head of the CSCC should be the Coordinator. The 
Coordinator of the CSCC should--
            (1) report to the Under Secretary for Public Diplomacy and 
        Public Affairs; and
            (2) collaborate with the Bureau of Counterterrorism of the 
        Department of State, other Department bureaus, and other United 
        States Government agencies.
    (e) Duties.--The CSCC may--
            (1) monitor and evaluate extremist narratives and events 
        abroad that are relevant to the development of a United States 
        strategic counterterrorism narrative designed to counter 
        violent extremism and terrorism that threaten the interests and 
        national security of the United States;
            (2) develop and promulgate for use throughout the executive 
        branch the United States strategic counterterrorism narrative 
        developed in accordance with paragraph (1), and public 
        communications strategies to counter the messaging of violent 
        extremists and terrorist organizations, especially al-Qa'ida 
        and its affiliates and adherents;
            (3) identify current and emerging trends in extremist 
        communications and communications by al-Qa'ida and its 
        affiliates and adherents in order to coordinate and provide 
        guidance to the United States Government regarding how best to 
        proactively promote the United States strategic 
        counterterrorism narrative developed in accordance with 
        paragraph (1) and related policies, and to respond to and rebut 
        extremist messaging and narratives when communicating to 
        audiences outside the United States;
            (4) facilitate the use of a wide range of communications 
        technologies by sharing expertise and best practices among 
        United States Government and non-Government sources;
            (5) identify and request relevant information from United 
        States Government agencies, including intelligence reporting, 
        data, and analysis;
            (6) identify shortfalls in United States capabilities in 
        any areas relevant to the CSCC's mission, and recommend 
        necessary enhancements or changes; and
            (7) establish measurable goals, performance metrics, and 
        monitoring and evaluation plans to focus on learning, 
        accountability, and policymaking.
    (f) Steering Committee.--
            (1) In general.--The Secretary of State may establish a 
        Steering Committee composed of senior representatives of United 
        States Government agencies relevant to the CSCC's mission to 
        provide advice to the Secretary on the operations and strategic 
        orientation of the CSCC and to ensure adequate support for the 
        CSCC.
            (2) Meetings.--The Steering Committee should meet not less 
        often than once every six months.
            (3) Leadership.--The Steering Committee should be chaired 
        by the Under Secretary of State for Public Diplomacy. The 
        Coordinator for Counterterrorism of the Department of State 
        should serve as Vice Chair. The Coordinator of the CSCC should 
        serve as Executive Secretary.
            (4) Composition.--
                    (A) In general.--The Steering Committee may include 
                one senior representative designated by the head of 
                each of the following agencies:
                            (i) The Department of Defense.
                            (ii) The Department of Justice.
                            (iii) The Department of Homeland Security.
                            (iv) The Department of the Treasury.
                            (v) The National Counterterrorism Center of 
                        the Office of the Director of National 
                        Intelligence.
                            (vi) The Joint Chiefs of Staff.
                            (vii) The Counterterrorism Center of the 
                        Central Intelligence Agency.
                            (viii) The Broadcasting Board of Governors.
                            (ix) The Agency for International 
                        Development.
                    (B) Additional representation.--Representatives 
                from United States Government agencies not specified in 
                subparagraph (A) may be invited to participate in the 
                Steering Committee at the discretion of the Chair.

SEC. 203. ANTI-PIRACY INFORMATION SHARING.

    The Secretary of State is authorized to provide for the 
participation by the United States in the Information Sharing Centre 
located in Singapore, as established by the Regional Cooperation 
Agreement on Combating Piracy and Armed Robbery against Ships in Asia 
(ReCAAP).

           Subtitle B--Consular Services and Related Matters

SEC. 211. EXTENSION OF AUTHORITY TO ASSESS PASSPORT SURCHARGE.

    Paragraph (2) of section 1(b) of the Act of June 4, 1920 (41 Stat. 
750; chapter 223; 22 U.S.C. 214(b)), is amended by striking ``2010'' 
and inserting ``2016''.

SEC. 212. AUTHORITY TO RESTRICT PASSPORTS.

    (a) In General.--The Secretary of State is authorized to--
            (1) limit to one year or such period of time as the 
        Secretary of State shall determine appropriate the period of 
        validity of a passport issued to a sex offender; and
            (2) revoke the passport or passport card of an individual 
        who has been convicted by a court of competent jurisdiction in 
        a foreign country of a sex offense.
    (b) Limitation for Return to United States.--Notwithstanding 
subsection (a), in no case shall a United States citizen convicted by a 
court of competent jurisdiction in a foreign country of a sex offense 
be precluded from entering the United States due to a passport 
revocation under such subsection.
    (c) Reapplication.--An individual whose passport or passport card 
was revoked pursuant to subsection (a)(2) may reapply for a passport or 
passport card at any time after such individual has returned to the 
United States.
    (d) Definitions.--For purposes of this section:
            (1) Sex offender.--The term ``sex offender'' means an 
        individual who is listed on the National Sex Offender Registry 
        established pursuant to section 119 of the Sex Offender 
        Registration and Notification Act (42 U.S.C. 16915).
            (2) Sex offense.--The term ``sex offense'' means a sex 
        offense as defined in section 111(5) of the Sex Offender 
        Registration and Notification Act (42 U.S.C. 16915).

                   Subtitle C--Reporting Requirements

SEC. 221. REPORTING REFORM.

    (a) In General.--The following provisions of law are repealed:
            (1) Subsections (c)(4) and (c)(5) of section 601 of Public 
        Law 96-465.
            (2) Section 585 of Public Law 104-208.
            (3) Subsections (b) and (c) of section 11 of Public Law 
        107-245.
            (4) Section 181 of Public Law 102-138.
            (5) Section 1012(c) of Public Law 103-337.
            (6) Section 527(f) of Public Law 103-236.
            (7) Section 304(f) of Public Law 107-173.
            (8) Subsections (a) and (b) of section 4 of Public Law 79-
        264.
            (9) Sections 3203 and 3204(f) of Public Law 106-246.
    (b) Conforming Amendment.--Section 11 of Public Law 107-245 is 
amended by striking ``(a) In General.--''.
    (c) Report on United States Contributions to the United Nations.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act and annually thereafter, the Director 
        of the Office of Management and Budget shall submit to Congress 
        a report on all assessed and voluntary contributions, including 
        in-kind, of the United States Government to the United Nations 
        and its affiliated agencies and related bodies during the 
        previous fiscal year.
            (2) Content.--Each report required under subsection (a) 
        shall include the following elements:
                    (A) The total amount of all assessed and voluntary 
                contributions, including in-kind, of the United States 
                Government to the United Nations and its affiliated 
                agencies and related bodies during the previous fiscal 
                year.
                    (B) The approximate percentage of United States 
                Government contributions to each United Nations 
                affiliated agency or related body in such fiscal year 
                when compared with all contributions to each such 
                agency or body from any source in such fiscal year.
                    (C) For each such United States Government 
                contribution--
                            (i) the amount of the contribution;
                            (ii) a description of the contribution 
                        (including whether assessed or voluntary);
                            (iii) the department or agency of the 
                        United States Government responsible for the 
                        contribution;
                            (iv) the purpose of the contribution; and
                            (v) the United Nations or its affiliated 
                        agency or related body receiving the 
                        contribution.
            (3) Scope of initial report.--The first report required 
        under this subsection shall include the information required 
        under this section for the previous three fiscal years.
            (4) Public availability of information.--Not later than 14 
        days after submitting a report under this subsection, the 
        Director of the Office of Management and Budget shall post a 
        public version of such report on a text-based, searchable, and 
        publicly available Internet Web site.

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

SEC. 301. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.

    (a) Suspension.--Section 610 of the Foreign Service Act of 1980 (22 
U.S.C. 4010) is amended by adding at the end the following new 
subsection:
    ``(c)(1) In order to promote the efficiency of the Service, the 
Secretary may suspend a member of the Foreign Service without pay when 
the member's security clearance is suspended or when there is 
reasonable cause to believe that the member has committed a crime for 
which a sentence of imprisonment may be imposed.
    ``(2) Any member of the Foreign Service for whom a suspension is 
proposed in accordance with paragraph (1) shall be entitled to--
            ``(A) written notice stating the specific reasons for the 
        proposed suspension;
            ``(B) a period of not less than 30 days after receipt of 
        any notice under subparagraph (A) to respond orally and in 
        writing to the proposed suspension, which period may be 
        extended upon a showing of good cause;
            ``(C) representation by an attorney or other 
        representative; and
            ``(D) a final written decision, including the specific 
        reasons for such decision, as soon as practicable.
    ``(3) Any member suspended under this section may file a grievance 
in accordance with the procedures applicable to grievances under 
chapter 11.
    ``(4) In the case of a grievance filed under paragraph (3)--
            ``(A) the review by the Foreign Service Grievance Board 
        shall be limited to a determination of whether the provisions 
        of paragraphs (1) and (2) have been fulfilled; and
            ``(B) the Foreign Service Grievance Board may not exercise 
        the authority provided under section 1106(8).
    ``(5) In this subsection:
            ``(A) The term `reasonable cause to believe a member has 
        committed a crime' means the member has been indicted by a 
        grand jury.
            ``(B) The term `suspend' or `suspension' means the placing 
        of a member of the Foreign Service in a temporary status 
        without duties and pay.''.
    (b) Conforming and Clerical Amendments.--
            (1) Amendment of section heading.--Section 610 of the 
        Foreign Service Act of 1980, as amended by subsection (a) of 
        this section, is further amended, in the section heading, by 
        inserting ``; Suspension'' before the period at the end.
            (2) Clerical amendment.--The item relating to section 610 
        in the table of contents in section 2 of the Foreign Service 
        Act of 1980 is amended to read as follows:

``Sec. 610. Separation for cause; suspension.''.

SEC. 302. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN 
              SERVICE.

    Subsection (d) of section 305 of the Foreign Service Act of 1980 
(22 U.S.C. 3945) is repealed.

SEC. 303. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.

    Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is 
amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsection (b) or (c)'';
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) by inserting ``(A),'' after ``if''; and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``, or (B), the career 
                        candidate is serving in the uniformed services, 
                        as defined by the Uniformed Services Employment 
                        and Reemployment Rights Act of 1994 (38 U.S.C. 
                        4301 et seq.), and the limited appointment 
                        expires in the course of such service'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding after paragraph (5) the following new 
                paragraph:
    ``(6) in exceptional circumstances where the Secretary determines 
the needs of the Service require the extension of a limited 
appointment, (A), for a period of time not to exceed 12 months (if such 
period of time does not permit additional review by boards under 
section 306), or (B), for the minimum time needed to settle a 
grievance, claim, or complaint not otherwise provided for in this 
section.''; and
            (3) by adding at the end the following new subsection:
    ``(c) Non-career Foreign Service employees who have served five 
consecutive years under a limited appointment may be reappointed to a 
subsequent limited appointment if there is a one year break in service 
between each such appointment. The Secretary may in cases of special 
need waive the requirement for a one year break in service.''.

SEC. 304. LIMITATION OF COMPENSATORY TIME OFF FOR TRAVEL.

    Section 5550b of title 5, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) The maximum amount of compensatory time off earned under this 
section may not exceed 104 hours during any leave year (as defined by 
regulations established by the Office of Personnel Management).''.

SEC. 305. DEPARTMENT OF STATE ORGANIZATION.

    The Secretary of State may, after consultation with the appropriate 
congressional committees, transfer to such other officials or offices 
of the Department of State as the Secretary may determine from time to 
time any authority, duty, or function assigned by statute to the 
Coordinator for Counterterrorism, the Coordinator for Reconstruction 
and Stabilization, or the Coordinator for International Energy Affairs.

SEC. 306. OVERSEAS COMPARABILITY PAY LIMITATION.

    (a) In General.--Subject to the limitation described in subsection 
(b), the authority provided by section 1113 of the Supplemental 
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904), shall 
remain in effect through September 30, 2014.
    (b) Limitation.--The authority described in subsection (a) may not 
be used to pay an eligible member of the Foreign Service (as defined in 
section 1113(b) of the Supplemental Appropriations Act, 2009) a 
locality-based comparability payment (stated as a percentage) that 
exceeds two-thirds of the amount of the locality-based comparability 
payment (stated as a percentage) that would be payable to such member 
under section 5304 of title 5, United States Code, if such member's 
official duty station were in the District of Columbia.

          TITLE IV--EMBASSY SECURITY AND PERSONNEL PROTECTION

              Subtitle A--Review and Planning Requirements

SEC. 411. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS AND WORKING 
              GROUPS.

    (a) In General.--Title I of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating to 
diplomatic security) is amended by inserting after section 103 the 
following new sections:

``SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.

    ``(a) Initial Designation.--Not later than 30 days after the date 
of the enactment of this section, the Secretary shall submit to the 
appropriate congressional committees a report, in classified form, that 
contains an initial list of diplomatic and consular posts designated as 
high risk, high threat posts.
    ``(b) Designations Before Opening or Reopening Posts.--Before 
opening or reopening a diplomatic or consular post, the Secretary shall 
determine if such post should be designated as a high risk, high threat 
post.
    ``(c) Designating Existing Posts.--The Secretary shall regularly 
review existing diplomatic and consular posts to determine if any such 
post should be designated as a high risk, high threat post if 
conditions at such post or the surrounding security environment require 
such a designation.
    ``(d) Definitions.--In this section and section 105:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            ``(2) High risk, high threat post.--The term `high risk, 
        high threat post' means a United States diplomatic or consular 
        post, as determined by the Secretary, that, among other 
        factors, is--
                    ``(A) located in a country--
                            ``(i) with high to critical levels of 
                        political violence and terrorism; and
                            ``(ii) the government of which lacks the 
                        ability or willingness to provide adequate 
                        security; and
                    ``(B) with mission physical security platforms that 
                fall below the Department of State's established 
                standards.

``SEC. 105. WORKING GROUPS FOR HIGH RISK, HIGH THREAT POSTS.

    ``(a) Establishment.--Before opening or reopening a high risk, high 
threat post, the Secretary shall establish a working group that is 
responsible for the geographic area in which such post is to be opened 
or reopened.
    ``(b) Duties.--The duties of the working group established in 
accordance with subsection (a) shall include--
            ``(1) evaluating the importance and appropriateness of the 
        objectives of the proposed post to the national security of the 
        United States, and the type and level of security threats such 
        post could encounter;
            ``(2) completing working plans to expedite the approval and 
        funding for establishing and operating such post, implementing 
        physical security measures, providing necessary security and 
        management personnel, and the provision of necessary equipment;
            ``(3) establishing security `tripwires' that would 
        determine specific action, including enhanced security measures 
        or evacuation of such post, based on the improvement or 
        deterioration of the local security environment; and
            ``(4) identifying and reporting any costs that may be 
        associated with opening or reopening such post.
    ``(c) Composition.--The working group should be composed of 
representatives of the--
            ``(1) appropriate regional bureau;
            ``(2) Bureau of Diplomatic Security;
            ``(3) Bureau of Overseas Building Operations;
            ``(4) Bureau of Intelligence and Research; and
            ``(5) other bureaus or offices as determined by the 
        Secretary.
    ``(d) Congressional Notification.--Not less than 30 days before 
opening or reopening a high risk, high threat post, the Secretary shall 
notify the appropriate congressional committees in classified form of--
            ``(1) the decision to open or reopen such post; and
            ``(2) the results of the working group under subsection 
        (b).''.
    (b) Conforming Amendment.--The table of contents of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 is amended by 
inserting after the item relating to section 103 the following new 
items:

``Sec. 104. Designation of high risk, high threat posts.
``Sec. 105. Working groups for high risk, high threat posts.''.

SEC. 412. CONTINGENCY PLANS FOR HIGH RISK, HIGH THREAT POSTS.

    Section 606(a) of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (22 U.S.C. 4865(a); relating to diplomatic 
security) is amended--
            (1) in paragraph (1)(A)--
                    (A) by inserting ``and from complex attacks (as 
                such term is defined in section 416 of the Omnibus 
                Diplomatic Security and Antiterrorism Act of 1986),'' 
                after ``attacks from vehicles''; and
                    (B) by inserting ``or such a complex attack'' 
                before the period at the end;
            (2) in paragraph (7), by inserting before the period at the 
        end the following: ``, including at high risk, high threat 
        posts (as such term is defined in section 104 of the Omnibus 
        Diplomatic Security and Antiterrorism Act of 1986), including 
        options for the deployment of additional military personnel or 
        equipment to bolster security and rapid deployment of armed or 
        surveillance assets in response to an attack''.

SEC. 413. STRATEGIC REVIEW OF BUREAU OF DIPLOMATIC SECURITY.

    (a) In General.--The Secretary of State shall complete a strategic 
review of the Bureau of Diplomatic Security of the Department of State 
to ensure that the mission and activities of the Bureau are fulfilling 
the current and projected needs of the Department of State.
    (b) Contents of Review.--The strategic review described in 
subsection (a) shall include assessments of--
            (1) staffing needs for both domestic and international 
        operations;
            (2) facilities under chief of mission authority adhering to 
        security standards;
            (3) security personnel with the necessary language skills 
        for assignment to overseas posts;
            (4) programs being carried out by personnel with the 
        necessary experience and at commensurate grade levels;
            (5) necessary security training provided to personnel under 
        chief of mission authority for expected assignments and 
        objectives;
            (6) balancing security needs with an ability to carry out 
        the diplomatic mission of the Department of State;
            (7) the budgetary implications of balancing multiple 
        missions; and
            (8) how to resolve any identified deficiencies in the 
        mission or activities of the Bureau.

SEC. 414. REVISION OF PROVISIONS RELATING TO PERSONNEL RECOMMENDATIONS 
              OF ACCOUNTABILITY REVIEW BOARD.

    (a) In General.--Section 304(c) of the Diplomatic Security Act (22 
U.S.C. 4834(c)) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``Whenever'' and inserting ``If''; 
                and
                    (B) by striking ``has breached the duty of that 
                individual'' and inserting ``has engaged in misconduct 
                or unsatisfactorily performed the duties of employment 
                of that individual, and such misconduct or 
                unsatisfactory performance has significantly 
                contributed to the serious injury, loss of life, or 
                significant destruction of property, or the serious 
                breach of security that is the subject of the Board's 
                examination as described in subsection (a)'';
            (2) in paragraph (2), by striking ``finding'' each place it 
        appears and inserting ``findings''; and
            (3) in the matter following paragraph (3)--
                    (A) by striking ``has breached a duty of that 
                individual'' and inserting ``has engaged in misconduct 
                or unsatisfactorily performed the duties of employment 
                of that individual''; and
                    (B) by striking ``to the performance of the duties 
                of that individual''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to any case of an Accountability Review Board that 
is convened under section 301 of the Diplomatic Security Act (22 U.S.C. 
4831) on or after the date of the enactment of this Act.

        Subtitle B--Physical Security and Personnel Requirements

SEC. 421. CAPITAL SECURITY COST SHARING PROGRAM.

    (a) Sense of Congress on the Capital Security Cost Sharing 
Program.--It is the sense of Congress that the Capital Security Cost 
Sharing Program should prioritize the construction of new facilities 
and the maintenance of existing facilities at high risk, high threat 
posts.
    (b) Restriction on Construction of Office Space.--Section 604(e)(2) 
of the Secure Embassy Construction and Counterterrorism Act of 1999 
(title VI of division A of H.R. 3427, as enacted into law by section 
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 
note) is amended by adding at the end the following new sentence: ``A 
project to construct a diplomatic facility of the United States may not 
include office space or other accommodations for an employee of a 
Federal department or agency if the Secretary of State determines that 
such department or agency has not provided to the Department of State 
the full amount of funding required by paragraph (1), except that such 
project may include office space or other accommodations for members of 
the United States Marine Corps.''.

SEC. 422. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC SECURITY 
              PROGRAM.

    (a) In General.--Section 136 of the Foreign Relations Authorization 
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``With respect'' and inserting ``Except as 
                provided in subsection (d), with respect''; and
                    (B) in paragraph (3), by striking ``subsection 
                (d)'' and inserting ``subsection (e)'';
            (2) by redesignating subsections (d), (e), (f), and (g) as 
        subsections (e), (f), (g), and (h), respectively; and
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Award of Local Guard and Protective Service Contracts for 
High Risk, High Threat Posts.--With respect to any local guard contract 
for a high risk, high threat post (as such term is defined in section 
104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986) 
that is entered into after the date of the enactment of this 
subsection, the Secretary of State--
            ``(1) shall comply with paragraphs (1), (2), (4), (5), and 
        (6) of subsection (c) in the award of such contract;
            ``(2) after evaluating proposals for such contract, may 
        award such contract to the firm representing the best value to 
        the Government in accordance with the best value tradeoff 
        process described in subpart 15.1 of the Federal Acquisition 
        Regulation (48 C.F.R. 6 15.101-1); and
            ``(3) shall ensure that contractor personnel under such 
        contract providing local guard or protective services are 
        classified--
                    ``(A) as employees of the contractor;
                    ``(B) if the contractor is a joint venture, as 
                employees of one of the persons or parties constituting 
                the joint venture; or
                    ``(C) as employees of a subcontractor to the 
                contractor, and not as independent contractors to the 
                contractor or any other entity performing under such 
                contracts.''.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report that includes--
            (1) an explanation of the implementation of subsection (d) 
        of section 136 of the Foreign Relations Authorization Act, 
        Fiscal Years 1990 and 1991, as amended by subsection (a)(3) of 
        this section; and
            (2) for each instance in which an award is made pursuant to 
        such subsection (d) of such section 136, a written 
        justification providing the basis for such award and an 
        explanation of the inability to satisfy the needs of the 
        Department of State by technically acceptable, lowest price 
        evaluation award.

SEC. 423. TRANSFER AUTHORITY.

    Section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 
295) is amended by adding at the end the following new subsection:
    ``(j)(1) In addition to exercising any other transfer authority 
available to the Secretary of State, and subject to paragraphs (2) and 
(3), the Secretary may transfer to, and merge with, any appropriation 
for embassy security, construction, and maintenance such amounts 
appropriated for fiscal year 2014 for any other purpose related to the 
administration of foreign affairs on or after October 1, 2013, if the 
Secretary determines such transfer is necessary to provide for the 
security of sites and buildings in foreign countries under the 
jurisdiction and control of the Secretary.
    ``(2) Any funds transferred pursuant to paragraph (1)--
            ``(A) shall not exceed 20 percent of any appropriation made 
        available for fiscal year 2014 for the Department of State 
        under the heading `Administration of Foreign Affairs', and no 
        such appropriation shall be increased by more than 10 percent 
        by any such transfer; and
            ``(B) shall be merged with funds in the heading to which 
        transferred, and shall be available subject to the same terms 
        and conditions as the funds with which merged.
    ``(3) Not later than 15 days before any transfer of funds pursuant 
to paragraph (1), the Secretary of State shall notify in writing the 
Committees on Foreign Relations and Appropriations of the Senate and 
the Committees on Foreign Affairs and Appropriations of the House of 
Representatives. Any such notification shall include a description of 
the particular security need necessitating the transfer at issue.''.

SEC. 424. SECURITY ENHANCEMENTS FOR SOFT TARGETS.

    Section 29 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2701) is amended, in the third sentence, by inserting 
``physical security enhancements and'' after ``may include''.

SEC. 425. REEMPLOYMENT OF ANNUITANTS.

    Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 
4064(g)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) by striking ``to facilitate the'' and 
                        all that follows through ``Afghanistan,''; and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``and, when after an 
                        exhaustive, open, and competitive search, no 
                        qualified, full-time, current employees 
                        (including members of the Civil Service) of the 
                        Department of State have been identified''; and
                    (B) by moving subparagraph (C) two ems to the left; 
                and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``2010'' and 
                inserting ``2018''; and
                    (B) in subparagraphs (B) and (C), by striking 
                ``2009'' and inserting ``2018'' each place it appears.

SEC. 426. SENSE OF CONGRESS REGARDING MINIMUM SECURITY STANDARDS FOR 
              TEMPORARY UNITED STATES DIPLOMATIC AND CONSULAR POSTS.

    It is the sense of Congress that--
            (1) the Overseas Security Policy Board's security standards 
        for United States diplomatic and consular posts should apply to 
        all such posts regardless of the duration of their occupancy; 
        and
            (2) such posts should comply with requirements for 
        attaining a waiver or exception to applicable standards if it 
        is in the national interest of the United States as determined 
        by the Secretary of State.

SEC. 427. ASSIGNMENT OF PERSONNEL AT HIGH RISK, HIGH THREAT POSTS.

    (a) In General.--The Secretary of State shall station key personnel 
for sustained periods of time at high risk, high threat posts (as such 
term is defined in section 104 of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986, as added by section 411 of this Act) in 
order to--
            (1) establish institutional knowledge and situational 
        awareness that would allow for a fuller familiarization of the 
        local political and security environment in which such posts 
        are located; and
            (2) ensure that necessary security procedures are 
        implemented.
    (b) Quarterly Briefings.--The Secretary of State shall quarterly 
brief the appropriate congressional committees on the personnel 
staffing and rotation cycles at high risk, high threat posts.

SEC. 428. BUREAU OF DIPLOMATIC SECURITY MOBILE BIOMETRIC ENROLLMENT 
              PROGRAM.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall brief the appropriate congressional 
committees regarding the mobile biometric enrollment program of the 
Bureau of Diplomatic Security that includes the following:
            (1) An overview of the mobile biometric enrollment program 
        and the Department of State's use of biometric technologies to 
        secure access to United States diplomatic and consular posts.
            (2) An assessment of the effectiveness and uses of such 
        biometric technologies.
            (3) An assessment of the costs, benefits, and 
        implementation time that would be involved in extending the 
        mobile biometric enrollment program initially to all high risk, 
        high threat posts (as such term is defined in section 104 of 
        the Omnibus Diplomatic Security and Antiterrorism Act of 1986, 
        as added by section 411 of this Act), and then to all remaining 
        diplomatic and consular posts.

                     Subtitle C--Security Training

SEC. 431. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO HIGH RISK, HIGH 
              THREAT POSTS.

    (a) In General.--Title IV of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.; relating to 
diplomatic security) is amended by adding at the end the following new 
sections:

``SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A HIGH RISK, 
              HIGH THREAT POST.

    ``(a) In General.--Individuals assigned permanently to or who are 
in long-term temporary duty status as designated by the Secretary at a 
high risk, high threat post shall receive security training described 
in subsection (b) on a mandatory basis in order to prepare such 
individuals for living and working at such posts.
    ``(b) Security Training Described.--Security training referred to 
in subsection (a)--
            ``(1) is training to improve basic knowledge and skills; 
        and
            ``(2) may include--
                    ``(A) an ability to recognize, avoid, and respond 
                to potential terrorist situations, including a complex 
                attack;
                    ``(B) conducting surveillance detection;
                    ``(C) providing emergency medical care;
                    ``(D) ability to detect the presence of improvised 
                explosive devices;
                    ``(E) minimal firearms familiarization; and
                    ``(F) defensive driving maneuvers.
    ``(c) Effective Date.--The requirements of this section shall take 
effect upon the date of the enactment of this section.
    ``(d) Definitions.--In this section and sections 417 and 418:
            ``(1) Complex attack.--The term `complex attack' has the 
        meaning given such term by the North Atlantic Treaty 
        Organization as follows: `An attack conducted by multiple 
        hostile elements which employ at least two distinct classes of 
        weapon systems (i.e., indirect fire and direct fire, improvised 
        explosive devices, and surface to air fire).'.
            ``(2) High risk, high threat post.--The term `high risk, 
        high threat post' has the meaning given such term in section 
        104.

``SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS ASSIGNED TO A 
              HIGH RISK, HIGH THREAT POST.

    ``(a) In General.--Officials described in subsection (c) who are 
assigned to a high risk, high threat post shall receive security 
training described in subsection (b) on a mandatory basis in order to 
improve the ability of such officials to make security-related 
management decisions.
    ``(b) Security Training Described.--Security training referred to 
in subsection (a) may include--
            ``(1) development of skills to better evaluate threats;
            ``(2) effective use of security resources to mitigate such 
        threats; and
            ``(3) improved familiarity of available security resources.
    ``(c) Officials Described.--Officials referred to in subsection (a) 
are--
            ``(1) members of the Senior Foreign Service appointed under 
        section 302(a)(1) or 303 of the Foreign Service Act of 1980 (22 
        U.S.C. 3942(a)(1) and 3943) or members of the Senior Executive 
        Service (as such term is described in section 3132(a)(2) of 
        title 5, United States Code);
            ``(2) Foreign Service officers appointed under section 
        302(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
        3942(a)(1)) holding a position in classes FS-1, FS-2, or FS-3;
            ``(3) Foreign Service Specialists appointed by the 
        Secretary under section 303 of the Foreign Service Act of 1980 
        (22 U.S.C. 3943) holding a position in classes FS-1, FS-2, or 
        FS-3; and
            ``(4) individuals holding a position in grades GS-13, GS-
        14, or GS-15.
    ``(d) Effective Date.--The requirements of this section shall take 
effect beginning on the date that is one year after the date of the 
enactment of this section.

``SEC. 418. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY PERSONNEL 
              ASSIGNED TO HIGH RISK, HIGH THREAT POST.

    ``(a) In General.--Diplomatic security personnel assigned 
permanently to or who are in long-term temporary duty status as 
designated by the Secretary at a high risk, high threat post should 
receive language training described in subsection (b) in order to 
prepare such personnel for duty requirements at such post.
    ``(b) Language Training Described.--Language training referred to 
in subsection (a) should prepare personnel described in such subsection 
to--
            ``(1) speak the language at issue with sufficient 
        structural accuracy and vocabulary to participate effectively 
        in most formal and informal conversations on subjects germane 
        to security; and
            ``(2) read within an adequate range of speed and with 
        almost complete comprehension on subjects germane to 
        security.''.
    (b) Conforming Amendment.--The table of contents of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 is amended by 
inserting after the item relating to section 415 the following new 
items:

``Sec. 416. Security training for personnel assigned to a high risk, 
                            high threat post.
``Sec. 417. Security management training for officials assigned to a 
                            high risk, high threat post.
``Sec. 418. Language requirements for diplomatic security personnel 
                            assigned to high risk, high threat post.''.

SEC. 432. REPORT TO CONGRESS.

    Not later than 18 months after the date of the enactment of this 
Act, the Secretary of State shall submit to the appropriate 
congressional committees a report on the implementation of this 
subtitle.

  Subtitle D--Expansion of the Marine Corps Security Guard Detachment 
                                Program

SEC. 441. MARINE CORPS SECURITY GUARD PROGRAM.

    (a) In General.--Pursuant to the responsibility of the Secretary of 
State for diplomatic security under section 103 of the Diplomatic 
Security Act (22 U.S.C. 4802; enacted as part of the Omnibus Diplomatic 
Security and Antiterrorism Act of 1986 (Public Law 99-399)), the 
Secretary of State, in consultation with the Secretary of Defense, 
shall conduct an annual review of the Marine Corps Security Guard 
Program, including--
            (1) an evaluation of whether the size and composition of 
        the Marine Corps Security Guard Program is adequate to meet 
        global diplomatic security requirements;
            (2) an assessment of whether the Marine Corps security 
        guards are appropriately deployed among United States 
        embassies, consulates, and other diplomatic facilities to 
        respond to evolving security developments and potential threats 
        to United States interests abroad; and
            (3) an assessment of the mission objectives of the Marine 
        Corps Security Guard Program and the procedural rules of 
        engagement to protect diplomatic personnel under the Program.
    (b) Reporting Requirement.--Not later than 180 days after the date 
of the enactment of this Act and annually thereafter for three years, 
the Secretary of State, in consultation with the Secretary of Defense, 
shall submit to the appropriate congressional committees an 
unclassified report, with a classified annex as necessary, that 
addresses the requirements specified in subsection (a).

            Passed the House of Representatives September 29 
      (legislative day September 28), 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 2848

_______________________________________________________________________

                                 AN ACT

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