Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014

To authorize appropriations for the Department of State for fiscal year 2014, and for other purposes. 1. Short title This Act may be cited as the Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appropriate congressional committees defined. Title I—Authorization of appropriations Sec. 101. Administration of foreign affairs. Sec. 102. Contributions to international organizations. Sec. 103. Contributions for international peacekeeping activities. Sec. 104. International commissions. Sec. 105. National Endowment for Democracy. Sec. 106. Prohibition on use of funds relating to Federal Acquisition Regulation. Sec. 107. Prohibition on use of funds relating to security and training facility. Title II—Department of State authorities and activities Subtitle A—Basic Authorities and Activities Sec. 201. Recouping costs of international dispute arbitration. Sec. 202. Foreign Service Act of 1980. Sec. 203. Center for strategic counterterrorism communications of the Department of State. Sec. 204. Anti-piracy information sharing. Subtitle B—Consular Services and Related Matters Sec. 211. Extension of authority to assess passport surcharge. Sec. 212. Border crossing card fee for minors. Sec. 213. Authority to restrict passports. Subtitle C—Reporting Requirements Sec. 221. Reporting reform. Title III—Organization and personnel authorities Sec. 301. Suspension of foreign service members without pay. Sec. 302. Repeal of recertification requirement for senior foreign service. Sec. 303. Limited appointments in the foreign service. Sec. 304. Limitation of compensatory time off for travel. Sec. 305. Department of State organization. Sec. 306. Overseas comparability pay limitation. Title IV—Embassy Security and Personnel Protection Subtitle A—Review and Planning Requirements Sec. 411. Designation of high risk, high threat posts and working groups. Sec. 412. Contingency plans for high risk, high threat posts. Sec. 413. Strategic review of Bureau of Diplomatic Security. Sec. 414. Revision of provisions relating to personnel recommendations of Accountability Review Board. Subtitle B—Physical Security and Personnel Requirements Sec. 421. Capital security cost sharing program. Sec. 422. Local guard contracts abroad under diplomatic security program. Sec. 423. Transfer authority. Sec. 424. Security enhancements for soft targets. Sec. 425. Reemployment of annuitants. Sec. 426. Sense of Congress regarding minimum security standards for temporary United States diplomatic and consular posts. Sec. 427. Assignment of personnel at high risk, high threat posts. Sec. 428. Bureau of Diplomatic Security mobile biometric enrollment program. Subtitle C—Security Training Sec. 431. Security training for personnel assigned to high risk, high threat posts. Sec. 432. Report to Congress. Subtitle D—Expansion of the Marine Corps Security Guard Detachment Program Sec. 441. Marine Corps Security Guard Program. 3. Appropriate congressional committees defined Except as otherwise provided in this Act, the term appropriate congressional committees I Authorization of appropriations 101. Administration of foreign affairs The following amounts are authorized to be appropriated for the Department of State under Administration of Foreign Affairs (1) Diplomatic and consular programs For Diplomatic and Consular Programs (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 (3) Educational and cultural exchange programs For Educational and Cultural Exchange Programs (4) Conflict stabilization operations (A) In general For Conflict Stabilization Operations (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) Protection of foreign missions and officials For Protection of Foreign Missions and Officials (7) Emergencies in the diplomatic and consular service For Emergencies in the Diplomatic and Consular Service (8) Repatriation loans For Repatriation Loans (9) Payment to the American Institute in Taiwan (A) In general For Payment to the American Institute in Taiwan (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 22 U.S.C. 3929(a)(1) (11) International chancery center For International Chancery Center (ICC) (12) Embassy security, construction and maintenance For Embassy Security, Construction and Maintenance 102. Contributions to international organizations There are authorized to be appropriated for Contributions to International Organizations 103. Contributions for international peacekeeping activities There are authorized to be appropriated for Contributions for International Peacekeeping Activities 104. International commissions The following amounts are authorized to be appropriated under International Commissions (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 (B) for Construction (2) International boundary commission, United States and Canada For International Boundary Commission, United States and Canada (3) International joint commission For International Joint Commission (4) International fisheries commissions For International Fisheries Commissions (5) Border environment cooperation commission For Border Environment Cooperation Commission 105. National Endowment for Democracy There are authorized to be appropriated for the National Endowment for Democracy 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. 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. II Department of State authorities and activities A Basic Authorities and Activities 201. Recouping costs of international dispute arbitration Paragraph (3) of section 38(d) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2710(d) by the Department of State from another agency of the United States Government or pursuant to by the Department of State as a result of a decision of an international tribunal, from another agency of the United States Government, or pursuant to 202. Foreign Service Act of 1980 Section 501 of the Foreign Service Act of 1980 ( 22 U.S.C. 3981 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. Positions designated under this section are excepted from the competitive service. 203. Center for strategic counterterrorism communications of the Department of State (a) Statement of policy As articulated in Executive Order 13584, issued on September 9, 2011, it is the policy of the United States to actively counter the actions and ideologies of al-Qa’ida, its affiliates and adherents, other terrorist organizations, and violent extremists overseas that threaten the interests and national security of the United States. (b) Establishment of center for strategic counterterrorism communications There is authorized to be established within the Department of State, under the direction of the Secretary of State, the Center for Strategic Counterterrorism Communications (in this section referred to as the CSCC (c) Mission The CSCC may coordinate, orient, and inform Government-wide public communications activities directed at audiences abroad and targeted against violent extremists and terrorist organizations, especially al-Qa’ida and its affiliates and adherents. (d) Coordinator of the center for strategic counterterrorism communications The head of the CSCC should be the Coordinator. The Coordinator of the CSCC should— (1) report to the Under Secretary for Public Diplomacy and Public Affairs; and (2) collaborate with the Bureau of Counterterrorism of the Department of State, other Department bureaus, and other United States Government agencies. (e) Duties The CSCC may— (1) monitor and evaluate extremist narratives and events abroad that are relevant to the development of a United States strategic counterterrorism narrative designed to counter violent extremism and terrorism that threaten the interests and national security of the United States; (2) develop and promulgate for use throughout the executive branch the United States strategic counterterrorism narrative developed in accordance with paragraph (1), and public communications strategies to counter the messaging of violent extremists and terrorist organizations, especially al-Qa’ida and its affiliates and adherents; (3) identify current and emerging trends in extremist communications and communications by al-Qa’ida and its affiliates and adherents in order to coordinate and provide guidance to the United States Government regarding how best to proactively promote the United States strategic counterterrorism narrative developed in accordance with paragraph (1) and related policies, and to respond to and rebut extremist messaging and narratives when communicating to audiences outside the United States; (4) facilitate the use of a wide range of communications technologies by sharing expertise and best practices among United States Government and non-Government sources; (5) identify and request relevant information from United States Government agencies, including intelligence reporting, data, and analysis; (6) identify shortfalls in United States capabilities in any areas relevant to the CSCC’s mission, and recommend necessary enhancements or changes; and (7) establish measurable goals, performance metrics, and monitoring and evaluation plans to focus on learning, accountability, and policymaking. (f) Steering committee (1) In general The Secretary of State may establish a Steering Committee composed of senior representatives of United States Government agencies relevant to the CSCC’s mission to provide advice to the Secretary on the operations and strategic orientation of the CSCC and to ensure adequate support for the CSCC. (2) Meetings The Steering Committee should meet not less often than once every six months. (3) Leadership The Steering Committee should be chaired by the Under Secretary of State for Public Diplomacy. The Coordinator for Counterterrorism of the Department of State should serve as Vice Chair. The Coordinator of the CSCC should serve as Executive Secretary. (4) Composition (A) In general The Steering Committee may include one senior representative designated by the head of each of the following agencies: (i) The Department of Defense. (ii) The Department of Justice. (iii) The Department of Homeland Security. (iv) The Department of the Treasury. (v) The National Counterterrorism Center of the Office of the Director of National Intelligence. (vi) The Joint Chiefs of Staff. (vii) The Counterterrorism Center of the Central Intelligence Agency. (viii) The Broadcasting Board of Governors. (ix) The Agency for International Development. (B) Additional representation Representatives from United States Government agencies not specified in subparagraph (A) may be invited to participate in the Steering Committee at the discretion of the Chair. 204. Anti-piracy information sharing The Secretary of State is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). B Consular Services and Related Matters 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) 2010 2016 212. Border crossing card fee for minors Section 410(a)(1)(A) of the Department of State and Related Agencies Appropriations Act, 1999 (contained in division A of Public Law 105–277 a fee of $13 a fee equal to one-half the fee that would otherwise apply for processing a machine readable combined border crossing identification card and nonimmigrant visa 213. Authority to restrict passports (a) In general The Secretary of State is authorized to— (1) limit to one year or such period of time as the Secretary of State shall determine appropriate the period of validity of a passport issued to a sex offender; and (2) revoke the passport or passport card of an individual who has been convicted by a court of competent jurisdiction in a foreign country of a sex offense. (b) Limitation for return to United States Notwithstanding subsection (a), in no case shall a United States citizen convicted by a court of competent jurisdiction in a foreign country of a sex offense be precluded from entering the United States due to a passport revocation under such subsection. (c) Reapplication An individual whose passport or passport card was revoked pursuant to subsection (a)(2) may reapply for a passport or passport card at any time after such individual has returned to the United States. (d) Definitions For purposes of this section: (1) Sex offender The term sex offender 42 U.S.C. 16915 (2) Sex offense The term sex offense 42 U.S.C. 16915 C Reporting Requirements 221. Reporting reform (a) In general The following provisions of law are repealed: (1) Subsections (c)(4) and (c)(5) of section 601 of Public Law 96–465 (2) Section 585 of Public Law 104–208 (3) Subsections (b) and (c) of section 11 of Public Law 107–245 (4) Section 181 of Public Law 102–138 (5) Section 1012(c) of Public Law 103–337 (6) Section 527(f) of Public Law 103–236 (7) Section 304(f) of Public Law 107–173 (8) Section 4(b) of Public Law 79–264 (9) Section 3202 of Public Law 106–246 (b) Conforming amendment Section 11 of Public Law 107–245 (a) (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. III Organization and personnel authorities 301. Suspension of foreign service members without pay (a) Suspension Section 610 of the Foreign Service Act of 1980 ( 22 U.S.C. 4010 (c) (1) In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed. (2) Any member of the Foreign Service for whom a suspension is proposed in accordance with paragraph (1) shall be entitled to— (A) written notice stating the specific reasons for the proposed suspension; (B) a reasonable time to respond orally and in writing to the proposed suspension; (C) representation by an attorney or other representative; and (D) a final written decision, including the specific reasons for such decision, as soon as practicable. (3) Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter 11. (4) In the case of a grievance filed under paragraph (3)— (A) the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and (B) the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8). (5) In this subsection: (A) The term reasonable time (i) with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and (ii) with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension. (B) The term suspend suspension . (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 (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. . 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 303. Limited appointments in the foreign service Section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3949 (1) in subsection (a), by striking subsection (b) subsection (b) or (c) (2) in subsection (b)— (A) in paragraph (3)— (i) by inserting (A), if (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. (B) in paragraph (4), by striking and (C) in paragraph (5), by striking the period at the end and inserting ; 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. . 304. Limitation of compensatory time off for travel Section 5550b (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). . 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. 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 (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 IV Embassy Security and Personnel Protection A Review and Planning Requirements 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. 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 (2) High risk, high threat post The term high risk, high threat post (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. 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 (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. . 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) (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), attacks from vehicles (B) by inserting or such a complex attack (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 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. 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) (1) in the matter preceding paragraph (1)— (A) by striking Whenever If (B) by striking has breached the duty of that individual has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a) (2) in paragraph (2), by striking finding findings (3) in the matter following paragraph (3)— (A) by striking has breached a duty of that individual has unsatisfactorily performed the duties of employment of that individual (B) by inserting of employment performance of the duties (b) Effective date The amendments made by subsection (a) shall apply with respect to any case of an Accountability Review Board that is convened under section 301 of the Diplomatic Security Act ( 22 U.S.C. 4831 B Physical Security and Personnel Requirements 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 22 U.S.C. 4865 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. 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 (1) in subsection (c)— (A) in the matter preceding paragraph (1), by striking With respect Except as provided in subsection (d), with respect (B) in paragraph (3), by striking subsection (d) 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. 423. Transfer authority Section 4 of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 295 (j) In addition to exercising any other transfer authority available to the Secretary of State, and subject to subsection (k), the Secretary may transfer to, and merge with, any appropriation for embassy security, construction, and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after October 1, 2013, as the Secretary determines necessary to provide for the security of sites and buildings in foreign countries under the jurisdiction and control of the Secretary. (k) The Secretary of State shall consult with, and not later than 15 days before any transfer of funds pursuant to subsection (j) notify, the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives of such transfer. . 424. Security enhancements for soft targets Section 29 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2701 physical security enhancements and may include 425. Reemployment of annuitants Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) (1) in paragraph (1)— (A) in subparagraph (B)— (i) by striking to facilitate the Afghanistan, (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 (B) by moving subparagraph (C) two ems to the left; and (2) in paragraph (2)— (A) in subparagraph (A), by striking 2010 2018 (B) in subparagraphs (B) and (C), by striking 2009 2018 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. 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. 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. C Security Training 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. 416. Security training for personnel assigned to a high risk, high threat post (a) In general Individuals assigned permanently to or who are in long-term temporary duty status as designated by the Secretary at a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to prepare such individuals for living and working at such posts. (b) Security training described Security training referred to in subsection (a)— (1) is training to improve basic knowledge and skills; and (2) may include— (A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack; (B) conducting surveillance detection; (C) providing emergency medical care; (D) ability to detect the presence of improvised explosive devices; (E) minimal firearms proficiency; and (F) defensive driving maneuvers. (c) Effective date The requirements of this section shall take effect upon the date of the enactment of this section. (d) Definitions In this section and sections 417 and 418: (1) Complex attack The term complex attack 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 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) section 3132(a)(2) (2) Foreign Service officers appointed under section 302(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(1) (3) Foreign Service Specialists appointed by the Secretary under section 303 of the Foreign Service Act of 1980 ( 22 U.S.C. 3943 (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. 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. . 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. D Expansion of the Marine Corps Security Guard Detachment Program 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 Public Law 99–399 (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). September 25, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014 - Title I: Authorization of Appropriations - (Sec. 101) Authorizes FY2014 appropriations for: (1) diplomatic and consular programs; (2) the Capital Investment Fund; (3) educational and cultural exchange programs; (4) conflict stabilization operations; (5) representation allowances; (6) protection of foreign missions and officials; (7) diplomatic and consular service emergencies; (8) repatriation loans; (9) the American Institute in Taiwan; (10) the Office of the Inspector General; (11) the International Chancery Center; and (12) embassy security, construction, and maintenance. (Sec. 102) Authorizes FY2014 appropriations for Department of State contributions to international organizations. (Sec. 103) Authorizes FY2014 appropriations for Department international peacekeeping activities. Prohibits the use of such amounts to support any United Nations (U.N.) unmanned aerial (drone) system activities operating in U.S. airspace, including U.S. territories and possessions. (Sec. 104) Authorizes FY2014 appropriations to the Department for: (1) the International Boundary and Water Commission, United States and Mexico; (2) the International Boundary Commission, United States and Canada; (3) the International Joint Commission; (4) the International Fisheries Commissions; and (5) the Border Environment Cooperation Commission. (Sec. 105) Authorizes FY2014 appropriations for the National Endowment for Democracy. (Sec. 106) Prohibits the use of funds to contract with any offeror or principal who certifies that the offeror or principal: (1) has been convicted within a three-year period of fraud or certain criminal offenses involving public contracting, records, statements, tax laws, or the receipt of stolen property; (2) is presently indicted or charged with the commission of any such offenses; or (3) has been notified within a three-year period of delinquent federal taxes exceeding $3,000. (Sec. 107) Prohibits the authorization of appropriations under this Act for any new Department security and training facility, including the proposed Foreign Affairs Security Training Center, for which a feasibility study has not been provided to Congress verifying that safety and security training for Department personnel cannot 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) Amends the Foreign Service Act of 1980 to require that Foreign Service positions that have been vacant for more than one assignment cycle be filled on a temporary basis. (Sec. 202) Authorizes the establishment of the Center for Strategic Counterterrorism Communications to: (1) coordinate public communications activities directed at audiences abroad and targeted against violent extremists and terrorist organizations, especially al-Qa'ida; (2) develop the strategic counterterrorism narrative for executive branch use; (3) identify trends in extremist communications; and (4) identify shortfalls in relevant U.S. capabilities. (Sec. 203) Authorizes the Secretary of State to provide for U.S. participation 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. Subtitle B: Consular Services and Related Matters - (Sec. 211) Extends the passport surcharge authority through September 30, 2016. (Sec. 212) Authorizes the Secretary to: (1) limit 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 of a sex offense by a foreign court of competent jurisdiction. States that: (1) a U.S. citizen convicted of a sex offense by a foreign court of competent jurisdiction shall not be precluded from entering the United States due to a passport revocation, and (2) that person may reapply for a passport or passport card at any time after he or she has returned to the United States. Subtitle C: Reporting Requirements - (Sec. 221) Repeals specified reporting requirements. Requires the Director of the Office of Management and Budget (OMB) to report annually to Congress regarding all assessed and voluntary U.S. contributions to the U.N. and its affiliated agencies and bodies during the previous fiscal year. Title III: Organization and Personnel Authorities - (Sec. 301) Amends the Foreign Service Act of 1980 to authorize the Secretary to suspend a Foreign Service member 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. Entitles such person to: (1) written notice stating the specific reasons for the proposed suspension; (2) reasonable time to respond orally and in writing; (3) representation; (4) a final written decision, including the specific reasons for such decision; and (5) file a grievance. (Sec. 302) Repeals the recertification requirement for Senior Foreign Service members. (Sec. 303) Authorizes a limited appointment extension for: (1) a person serving in the uniformed services whose limited appointment expires during such service, (2) up to 12 months in exceptional circumstances, and (3) a non-career employee who has served five consecutive years under a limited appointment for a subsequent limited appointment provided there is a one-year break in service. (Sec. 304) Sets maximum accrual of compensatory time off at 104 hours for travel status away from the employee's official duty station. (Sec. 305) Authorizes the Secretary to transfer to other Department officials or offices 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) Extends the overseas comparability pay limitation through September 30, 2014. Title IV: Embassy Security and Personnel Protection - Subtitle A: Review and Planning Requirements - (Sec. 411) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to direct the Secretary to: (1) submit to Congress a list of high risk, high threat diplomatic and consular posts; and (2) determine if a post should be so designated before its opening or reopening. Directs the Secretary, before opening or reopening a high risk, high threat post, to establish a working group responsible for the geographic area in which such post is to be opened or reopened. (Sec. 412) Amends the Secure Embassy Construction and Counterterrorism Act of 1999 to require: (1) U.S. diplomatic mission emergency action plans to include the threat from complex attacks, and (2) rapid response procedures to include options for deployment of military resources. (Sec. 413) Directs the Secretary to complete a strategic review of the Department's Bureau of Diplomatic Security to ensure that its mission and activities are fulfilling current and projected Department needs. (Sec. 414) Requires an accountability review board to recommend investigatory or disciplinary action if an individual's misconduct or unsatisfactory performance significantly contributed to serious injury, loss of life, significant property destruction, or serious security breach at or related to a U.S. government mission abroad. Subtitle B: Physical Security and Personnel Requirements - (Sec. 421) Expresses 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. Amends the Secure Embassy Construction and Counterterrorism Act of 1999 to prohibit a project to construct a U.S. diplomatic facility from including office space or other accommodations for a federal employee if the employee's department or agency has not provided the Department with the full amount of required funding, except that a project may include office space or other accommodations for members of the U.S. Marine Corps. (Sec. 422) Revises requirements for local guard and protective services contracts abroad, including authorizing the Department to award contracts on the basis of best value rather than lowest price in high risk, high threat areas when necessary. Requires the Department to report each instance of best value contracting to Congress. (Sec. 423) Amends the Foreign Service Buildings Act, 1926 to authorize the Secretary to transfer to, and merge with, any appropriation for embassy security, construction, and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after October 1, 2013. (Sec. 424) Authorizes the Secretary to provide physical security enhancements at overseas educational facilities established for the children of U.S. government employees. (Sec. 425) Authorizes the Secretary, through October 1, 2018, to reemploy Foreign Service annuitants in emergency situations or when there is difficulty recruiting or retraining qualified personnel after an open and competitive search has failed to identify qualified, full-time persons. (Sec. 426) Expresses the sense of Congress that: (1) the Overseas Security Policy Board's security standards for U.S. diplomatic and consular posts should apply to all such posts regardless of duration of occupancy, and (2) such posts should comply with requirements for attaining a waiver or exception to applicable standards if in the U.S. national interest. (Sec. 427) Directs the Secretary to station key personnel for sustained periods of time at high risk, high threat posts in order to: (1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization with the local political and security environment, and (2) ensure that necessary security procedures are implemented. Directs the Secretary to report to Congress quarterly regarding personnel staffing and rotation cycles at high risk, high threat posts. (Sec. 428) Directs the Secretary to report to Congress regarding the Bureau of Diplomatic Security's mobile biometric enrollment program, including: (1) an overview of the program and the Department's use of biometric technologies to secure access to U.S. diplomatic and consular posts; and (2) assessments of the effectiveness and uses of such biometric technologies and of the costs, benefits, and time to extend the program to all diplomatic and consular posts. Subtitle C: Security Training - (Sec. 431) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to require that: (1) personnel and senior and mid-level officials serving in high risk, high threat posts receive specified security training; and (2) diplomatic security personnel assigned permanently to such posts, or who are in long-term temporary duty status at them, receive specified language training. (Sec. 432) Directs the Secretary to report to Congress regarding implementation of this subtitle. Subtitle D: Expansion of Marine Corps Security Guard Detachment Program - (Sec. 441) Directs the Secretary to conduct an annual review of the Marine Corps security guard program to assess: (1) whether it is adequate to meet global diplomatic security requirements, (2) whether the Marine Corps security guards are appropriately deployed, and (3) the mission objectives and procedural rules of engagement. Requires a related report to Congress every three years.