HR 2848 RFS 
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 sec-
tion 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 mainte-
nance of existing facilities at high risk, high threat posts. 
(b) RESTRICTION
ON CONSTRUCTION
OF OFFICE 
SPACE.—Section 604(e)(2) of the Secure Embassy Con-
struction 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 
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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 pro-
vided to the Department of State the full amount of fund-
ing 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 DIP-
LOMATIC SECURITY PROGRAM. 
(a) IN GENERAL.—Section 136 of the Foreign Rela-
tions 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 ‘‘Ex-
cept as provided in subsection (d), with re-
spect’’; and 
(B) in paragraph (3), by striking ‘‘sub-
section (d)’’ and inserting ‘‘subsection (e)’’; 
(2) by redesignating subsections (d), (e), (f), 
and (g) as subsections (e), (f), (g), and (h), respec-
tively; and 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
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‘‘(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 sec-
tion 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 con-
tract, may award such contract to the firm rep-
resenting the best value to the Government in ac-
cordance with the best value tradeoff process de-
scribed 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 protec-
tive 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 con-
stituting the joint venture; or 
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‘‘(C) as employees of a subcontractor to 
the contractor, and not as independent contrac-
tors to the contractor or any other entity per-
forming 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 re-
port that includes— 
(1) an explanation of the implementation of 
subsection (d) of section 136 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1990 and 
1991, as amended by subsection (a)(3) of this sec-
tion; and 
(2) for each instance in which an award is 
made pursuant to such subsection (d) of such sec-
tion 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 fol-
lowing new subsection: 
‘‘(j)(1) In addition to exercising any other transfer 
authority available to the Secretary of State, and subject 
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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 nec-
essary 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 appro-
priation made available for fiscal year 2014 for the 
Department of State under the heading ‘Administra-
tion 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 Rela-
tions and Appropriations of the Senate and the Commit-
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