I 

113TH CONGRESS 

1ST SESSION H. R. 731 

To amend the Foreign Relations Authorization Act, Fiscal Years 1990 and 

1991 to allow the Department of State to use a best-value contracting 

method in awarding local guard or protective service contracts in high 

risk areas abroad under the diplomatic security program. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2013 

Mr. RADEL (for himself, Ms. FRANKEL of Florida, Mr. WEBER of Texas, Mr. 

COTTON, and Mr. MESSER) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To amend the Foreign Relations Authorization Act, Fiscal 

Years 1990 and 1991 to allow the Department of State 

to use a best-value contracting method in awarding local 

guard or protective service contracts in high risk areas 

abroad under the diplomatic security program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Americans 

5 Abroad Act’’. 


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1 SEC. 2. DIPLOMATIC SECURITY PROGRAM CONTRACTING. 

2 Section 136 of the Foreign Relations Authorization 

3 Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is 

4 amended— 

5 (1) in subsection (c)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘With respect’’ and inserting ‘‘Ex8 cept as provided in subsection (d), with re9 spect’’; and 

10 (B) in paragraph (3), by striking ‘‘sub11 section (d)’’ and inserting ‘‘subsection (e)’’; 

12 (2) by redesignating subsections (d), (e), (f), 

13 and (g) as subsections (e), (f), (g), and (h), respec14 tively; 

15 (3) by inserting after subsection (c) the fol16 lowing new subsection: 

17 ‘‘(d) AWARD OF LOCAL GUARD AND PROTECTIVE

18 SERVICE CONTRACTS IN HIGH RISK AREAS.—With re19 spect to any local guard contract for a Foreign Service 

20 building located in a high risk area that is entered into 

21 after the date of the enactment of this subsection, the Sec22 retary of State— 

23 ‘‘(1) shall comply with paragraphs (1), (2), (4), 

24 (5), and (6) of subsection (c) in the award of the 

25 contract; 


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1 ‘‘(2) after evaluating proposals for the contract, 

2 may award the contract to the firm representing the 

3 best value to the Government in accordance with the 

4 best value tradeoff process described in subpart 15.1 

5 of the Federal Acquisition Regulation (48 C.F.R. 

6 15.101–1); and 

7 ‘‘(3) shall ensure that contractor personnel 

8 under the contract providing local guard or protec9 tive services are classified— 

10 ‘‘(A) as employees of the contractor; 

11 ‘‘(B) if the contractor is a joint venture, as 

12 employees of one of the persons or parties con13 stituting the joint venture; or 

14 ‘‘(C) as employees of a subcontractor to 

15 the contractor, and not as independent contrac16 tors to the contractor or any other entity per17 forming under such contracts.’’; and 

18 (4) in subsection (e), as redesignated by para19 graph (2) of this section— 

20 (A) in paragraph (3), by striking ‘‘and’’ at 

21 the end; 

22 (B) in paragraph (4), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(5) the term ‘high risk area’ means an area 

2 determined by the Assistant Secretary of Diplomatic 

3 Security to present an increased threat of serious 

4 damage or harm to United States diplomatic facili5 ties or personnel.’’. 

Æ 


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