[Congressional Record Volume 159, Number 131 (Saturday, September 28, 2013)]
[House]
[Pages H5965-H5975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE OPERATIONS AND EMBASSY SECURITY AUTHORIZATION ACT,
FISCAL YEAR 2014
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2848) to authorize appropriations for the Department of State for
fiscal year 2014, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2848
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.
[[Page H5966]]
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
[[Page H5967]]
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,
[[Page H5968]]
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
[[Page H5969]]
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.
[[Page H5970]]
``(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
[[Page H5971]]
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that Members may have
5 legislative days in which to revise and extend their remarks and
place any extraneous material into the Record on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Department of State Operations and Embassy Security
Authorization Act is a measure to provide our diplomats with the tools
that they need to do the job effectively, as efficiently as possible,
as safely as possible, and it has been over 10 years now since the last
Department of State authorization bill was passed into law. Now in the
interim, our ability to exercise oversight and push for reform within
the Department has been eroded. That is why it is so essential that we
get this authorization into law--because it is not good for Congress;
it is not good for the Department; it is not good for the taxpayer.
Authorizing these programs is going to increase our oversight ability.
It will improve Members' ability to legislate new programs. It will
save money. It will reform old programs. And when we do not authorize,
as you know, departments are less accountable; they can drift.
As Members know, the Department's failings on security were laid bare
in Benghazi, Libya. The Accountability Review Board, looking into
Benghazi, found:
Systemic failures and leadership and management
deficiencies at senior levels within two bureaus of the State
Department resulted in a special mission security posture
that was inadequate for Benghazi and grossly inadequate to
deal with the attack that took place.
That was the finding; the local guard force in place to protect
Benghazi was inadequate.
The closure of 21 U.S. embassies in August and the recent closure of
our embassy in Beirut demonstrate the continued threat to our
facilities and personnel overseas. Indeed, this week, the Department
renewed its global terrorism alert for U.S. citizens. This is why this
bill authorizes full funding for embassy security.
One of the principal functions of the Department is to protect our
facilities and personnel that are stationed overseas. The other body,
our colleagues in the Senate, have also introduced legislation on
embassy security, and we have been in consultation with them because we
intend to have this signed into law.
This legislation carries much of the same language, including:
One, language requirements for diplomatic security personnel in line
with the ARB report recommendations. We need the security personnel to
be able to speak that local dialect.
Two, implementation of the expanded marine security guard program,
including a plan to deploy these additional personnel and station them
appropriately. We need the marines at the gate. We need to be able to
guard the gate. It needs to be reinforced.
Three, authority to protect soft targets overseas.
Four, regulations for the reemployment of personnel to fill staffing
gaps at high-risk, high-threat posts. We need that personnel to be able
to get that retraining to speak the local dialect in order to help
protect that facility.
Importantly, this bill contains a provision, championed by committee
members Mr. Radel and Ms. Frankel, which will award local security
guard contracts now on the basis of best value rather than lowest cost.
For our highest threat posts, we need only the highest quality security
personnel, not personnel that's going to flee in the face of a threat.
This bill also requires the Department to develop contingency plans
for increasing security at high-threat posts. These plans must include
options for employing additional military personnel and equipment to
bolster security in response to a threat, as well as plans for a rapid
deployment of assets in response to an attack. We need a rapid response
force to be stood up so that they can be called into action if there's
a threat in this part of the world to our consulates and to our
embassies.
The strong emphasis on embassy security in this legislation, H.R.
2848, and the legislation that's over in the Senate is timely and
responsive to urgent needs. Working in a bipartisan manner, this bill
was able to authorize full funding for embassy security while still
producing a fiscally responsible product.
Overall, this bill is a 9 percent cut from the fiscal year 2012
level, and this includes a cut of nearly 22 percent, that's $2.4
billion, in Department administration costs. Further savings to the
taxpayer have been achieved by placing a cap on pay for those personnel
stationed overseas by closing a bureaucratic loophole that allowed
personnel to draw both a pension and a salary, except in the most
extenuating of circumstances, by capping the amount of paid time off
for employees and authorizing current employees to fill staffing
vacancies. By doing it that way, we negate the need to hire more
Foreign Service Officers.
So this bill also reforms some of the core management functions of
the Department by prohibiting those convicted of fraud or embezzlement
or theft or other offenses from receiving government contracts in the
future. The bill also prohibits funding for the proposed Foreign
Affairs Security Training Center unless there's an independent
feasibility study that's completed and presented to the appropriate
congressional committee.
This bill also has strong bipartisan support. When I say ``strong,''
Mr. Engel and myself have worked with Members on both sides of the
aisle. We took some 11 amendments. We've worked out the differences. We
got bipartisan support in the committee, and I urge my colleagues to
vote for this legislation so it can be promptly sent to the Senate and
then on to the President for his signature, thereby ensuring that our
embassies and personnel stationed abroad are protected at a time of
their greatest need.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I rise in strong support of H.R. 2848, the
Department of State Operations and Embassy Security Authorization Act,
and I yield myself such time as I may consume.
I want to say once again, it has been a pleasure to work with
Chairman Royce once again in a bipartisan fashion. I am very proud of
what we have done on the Foreign Affairs Committee this year in a
bipartisan fashion, and this is just another example of it. Everybody
had input. All sides had corrections. We incorporated many, many
different things together, and I think we have a very, very good
product.
This important legislation authorizes the resources necessary to
protect our dedicated diplomats and provides basic authorities to the
State Department to advance United States interests and values around
the world. The funds authorized in this bill support all of the State
Department's global operations for less than 3 percent of the Defense
Department's total budget. To me, that's a very, very wise investment
in U.S. national security.
{time} 1445
As all of us know, our diplomats and aid workers face unprecedented
threats
[[Page H5972]]
in the Middle East, South Asia, North Africa, and other volatile
regions of the world. The attack on our consulate in Herat,
Afghanistan, 2 weeks ago, is a stark reminder of these very real
dangers.
The bill before us today fully funds the President's request for
diplomatic security. This will allow the State Department to construct
six new secure embassies, support 151 new diplomatic security personnel
and build facilities for 26 additional Marine Security Guard
detachments.
This legislation also includes a number of other provisions to better
protect our men and women serving abroad, including many that were
included in an embassy security bill that I introduced earlier this
year. Among other things, H.R. 2848 would enhance the coordination
between the State and Defense Departments in times of emergency,
require security and language training for State Department employees
before they deploy to dangerous locations, and improve the process by
which the State Department makes security-related decisions.
In addition, this legislation includes elements of a bipartisan bill
introduced by Representatives Radel and Frankel that gives the State
Department flexibility to award local guard contracts at high-threat
posts on the basis of best value rather than on who had the lowest bid.
In the past, having to accept the lowest bids sometimes resulted in
poorly trained local security forces that endangered the safety of our
diplomats and development experts.
Finally, this legislation includes another bipartisan provision,
drafted by Representatives Perry and Meng, that provides additional
accountability for State Department officials when their job
performance is unsatisfactory.
Mr. Speaker, I'd like to point out that we haven't had a State
Department authorization bill signed into law since 2002. The chairman
and I are both convinced that this is something that needs to be
changed. That's another reason we're doing this very, very important
bill.
In order for Congress to properly oversee the State Department's
operations and activities, we need to resume the practice of passing
our authorization bill on a regular basis and encourage our Senate
colleagues to do the same.
Again, I want to commend Chairman Royce for his hard work on this
legislation, and I look forward to working with him to further improve
the bill as it moves through the legislative process, again, in a
bipartisan manner.
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 3 minutes to the gentleman from New
Jersey (Mr. Smith), chairman of the Foreign Affairs Subcommittee on
Africa, Global Health, Global Human Rights, and International
Organizations and, I would add, Mr. Speaker, the author of important
State authorization and embassy security laws in past Congresses.
Mr. SMITH of New Jersey. Mr. Speaker, I want to thank, first of all,
Chairman Royce and Ranking Member Eliot Engel for drafting this
extraordinarily timely and important legislation. This is an essential
bill, and it must be passed and signed into law.
Mr. Speaker, on Tuesday of this week, my subcommittee staff director,
Greg Simpkins, and I returned from a 4-day trip to Nigeria, including
the city of Jos, the scene of recent fire bombings of Christian
churches by Boko Haram, a terrorist organization that has killed
thousands of Nigerian Christians and some Muslims as well. Boko Haram--
like al-Shabaab, the cowards who slaughtered Kenyans in a shopping
center in Nairobi last week--poses serious and escalating threats to
indigenous Africans and American personnel overseas.
The Embassy Security Act, like the Secure Embassy Construction and
Counterterrorism Act of 1999, a law that I authored, is designed to
significantly enhance protection at our missions abroad. Significantly,
more than a dozen years ago that law came to the floor on the heels of
al Qaeda bombings in Nairobi and Dar es Salaam at our embassies in
1998.
I chaired the hearings following that tragic loss of life. Admiral
Crowe, who led the Accountability Review Boards at that time,
testified. But it is clear that the promised action following those
earlier attacks has not been fully implemented. There are serious,
significant security gaps that must be remedied more than a decade
later. The Royce bill does that. We seem not to have adequately learned
the lessons from the terror attacks against our distinguished
ambassador and three extraordinarily brave individuals in Benghazi.
The Royce-Engel bill before us today contains a number of significant
provisions, including necessary security upgrades for our embassies and
consulates abroad. Our embassy in Abuja, Nigeria, was constructed with
the upgrades recommended by earlier legislation. Greg and I saw that
firsthand this week. But so many older facilities do not meet those
high standards, including lifesaving setbacks from roads and
thoroughfares. Chairman Royce's bill will address those gaps in
essential security features at our overseas posts.
I'm especially appreciative that the Foreign Affairs committee
accepted my amendment that originally passed as a provision of my
International Megan's Law 3 years ago--it passed the House, never got
through the Senate, we all know that drill--which limits to 1 year or
such time as the Secretary of State shall determine appropriate the
period of validity of a passport issued to a convicted sex offender.
In 2008, the General Accountability Office found that some 4,500
convicted pedophiles got passports. That's every year. That's almost
50,000 over a 10-year period--the life of a passport. And the evidence
suggests some may travel to places with impunity in Bangkok and all
over the world and abuse children. Poverty worldwide has made this
exploitation even more prevalent--more kids now are at risk. This
provision will empower the Secretary of State and the President to
mitigate their travel to abuse children.
This is an excellent bill. Again, I commend Chairman Royce and Eliot
Engel for working in such a constructive, bipartisan way.
Mr. ENGEL. Mr. Speaker, I yield 3 minutes to the gentleman from New
York (Mr. Meeks), a very senior and important member of the Foreign
Affairs Committee.
Mr. MEEKS. Mr. Speaker, first, let me thank Chairman Royce and
Ranking Member Engel for providing leadership and working together to
get this bill done in a bipartisan manner.
This is a bill where everybody had their input and everybody gave
some and everybody said what was involved, and we were able to come up
with a bill that is a compromise bill that's in the best interest of
all of us, especially the men and women who serve us in the State
Department abroad.
There's generally two groups of individuals that we have a huge
responsibility for. They are our men and women on the battlefield, who
are in the military. We need to make sure that they have everything
that they need for their protection and their success in their mission.
Likewise, the men and women who serve as our diplomats, what huge and
important jobs they have. We have an absolute responsibility to make
sure that we give them everything that they need to make sure that
they're secure so their missions can be successful.
That's what this bill does. It looks at the security issue in a
manner to make sure that our embassies are safe and secure. For
example, it establishes working groups to ensure that new or reopening
posts are provided the necessary security measures and funding. We had
some before that had to be closed. We want to make sure we look at it
and focus so that they get what they need.
It requires a strategic review of the Bureau of Diplomatic Security
to ensure that its missions and activities are meeting current and
projected needs. That's tremendously important. And it authorizes the
State to utilize best value rather than lowest cost for security guard
contracts at high-risk and high-threat posts.
Furthermore--which I think is absolutely key--it gives full
authorization for the National Endowment for Democracy, of which I once
sat as a board member, to support the work of the four affiliated core
institutes, including the National Democratic Institute and the
American Center for International Labor Solidarity, to develop
[[Page H5973]]
independent media, human rights protections, and other democratic
institutions, values, and processes around the world. This is great
work. This is work that will help democracy flourish throughout this
place that we call Earth, making it a more peaceful and better place
for us all to get along.
As we've seen recently, we've come a long way in the last 4 weeks in
moving diplomatically and trying to resolve issues together. If we give
our diplomats the kind of protection they need, then I believe that we
can make sure that this place we call Earth is much safer tomorrow than
it is today.
I thank, again, the chairman and the ranking member for the manner in
which they have worked to resolve and bring this bill to the floor, and
urge my colleagues to vote for it.
Mr. ROYCE. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Forbes).
Mr. FORBES. Mr. Speaker, first of all, I want to compliment the
chairman and the ranking member for their hard work on this bill and
for the arguments that have been presented in favor of the bill today.
But it's because of those arguments that I have to rise today in grave
opposition to this bill because of a provision in this bill that could
seriously undercut our Nation's ability to protect its embassies.
It's been over a year since terrorists attacked our diplomatic
mission in Benghazi, leaving four Americans dead. In the wake of the
attack, the State Department's investigation board questioned the
``grossly inadequate'' security at the mission and recommended that
staff at high-threat posts undergo extensive security training at a
State Department center.
The independent, nonpartisan Government Accountability Office,
however, has called current training facilities ``inadequate'' and has
said that they pose a ``critical challenge.''
The State Department has long recognized this serious deficiency and
has been looking for a dedicated training site for over 3 years. In
testimony before Congress this year, Assistant Secretary Gregory Starr
said:
The capacity of the current facility . . . cannot meet our
training needs . . . doesn't even meet our highest threat-
level requirement and . . . at some point may not be
available to us.
And yet this bill on the floor of the House today specifically
prohibits the Department of State from developing the center it so
critically needs for diplomatic security.
Make no mistake about it: it's not because of cost. It's not because
of efficiency. It's because of a protection for those inadequate
facilities because of the districts they're in.
This is an urgent need that must be accomplished in a fiscally
responsible manner, but is one that this body cannot or must not delay
with more bureaucracy. And that is exactly what this bill will do.
America has an obligation that we have adequately trained those
responsible for the protection of our diplomats and their families
around the world. It's absolutely unconscionable that we are
prohibiting the State Department from moving forward on the facility
they need to prevent another Benghazi attack.
I urge my colleagues to vote against this bill. A ``no'' vote might
not stop it, but it'll send a message to the Senate to fix it in
conference.
Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
I want to assure the gentleman from Virginia, and all Members here,
Mr. Speaker, that this committee has been highly attentive to the
Benghazi attack. Indeed, that's one of the reasons we're here on this
bill.
To the gentleman from Virginia who spoke earlier, I would just note
that if standing up a new Foreign Affairs Training Center in his
district, as has been proposed, is a good use of our limited fiscal
resources, then he has nothing to fear from this bill.
While there have been proposals to completely prohibit such an
expenditure, they are not included in this legislation. But what our
bill does do is it requires an independent feasibility study first, to
assess whether current facilities are inadequate, before we spend the
better part of a billion dollars on a completely new facility.
If the gentleman from Virginia is suggesting he's opposed to this
legislation, then I would point out that initial estimates by the
Department of State are that this new facility could cost up to $950
million--and at least $450 million.
{time} 1500
I would also call attention to the Members of this body that Congress
has not received a copy of any feasibility studies related to the
proposed new Foreign Assistance Training Center--FAST-C, as it's
called.
There are valid concerns that the FAST-C center is not needed and the
same functions could be achieved by collaborating with the Department
of Homeland Security Federal Law Enforcement Training Facility.
Further, I would point out that the Federal Law Enforcement Training
Facility has quoted a price nearly 50 percent lower than what it would
cost to build the new FAST-C facility.
Now, before State moves forward, the Congress needs more information,
and the Department of State needs to demonstrate more due diligence on
this endeavor, especially in light of the recent facility construction
debacles that we've seen around the world, including in Afghanistan.
I would further point out that in July, the State Department noted
``ongoing serious fiscal challenges'' and the need for ``additional due
diligence in determining how to move forward with the FAST-C facility
at Fort Pickett.''
Lastly, Mr. Speaker, there are serious questions about whether the
existing DHS facility in Glynco, Georgia, could be used at a much lower
cost to the American taxpayer.
We all understand the responsibility to represent our districts, but
it should not come at the cost of blocking legislation that will answer
the need, in terms of security, for our personnel overseas. Again, I
would point out that this does not prohibit such an expenditure. It
merely requires an independent feasibility study to assess whether or
not it is appropriate.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, at this time I yield 3 minutes to the
gentlelady from New York (Ms. Meng), a very valuable member of the
Foreign Affairs Committee, whose provision will hold the State
Department more accountable, and her provision was incorporated into
this bill.
Ms. MENG. Mr. Speaker, I rise today in strong support of H.R. 2848,
the Fiscal Year 2014 Department of State Operations and Embassy
Security Act. This bill authorizes funds for the State Department to
advance U.S. interests around the world and strengthen our national
security.
The bill fully funds the President's request for diplomatic security,
as I have long urged that it should. Importantly, it also makes several
important changes to how we protect our diplomats and embassies abroad
and how we ensure accountability at the State Department.
Mr. Speaker, this past December, an accountability review board, or
ARB, was convened to assess the State Department's policies and
response to the attack in Benghazi. However, under the current
authorizing statute, an ARB can only recommend disciplinary action
against a State Department employee where there has been a ``breach of
duty,'' a standard which is both very high and very hard to understand.
As a result, the Benghazi ARB was unable to recommend disciplinary
action against even a single State Department employee.
On this point, Mr. Speaker, I refer you to section 414 of the bill
before us today. It is entitled the ``Revision of Provisions Relating
to Personnel Recommendation of the ARB.'' The section was drafted and
inserted by me and my esteemed colleague from Pennsylvania (Mr. Perry).
By making it easier for future ARBs to recommend disciplinary
actions, section 414 will ensure greater accountability and
responsibility at the State Department in the years to come and help
prevent future Benghazis.
This effort on the part of myself and Mr. Perry is representative of
the bipartisan nature of this bill--the first such bill that would pass
Congress in over a decade.
On a variety of issues, including the crucial maintenance and
strengthening of Iran's sanctions, the committee has worked effectively
and constructively as our country needs it to. This is in large part
due to the stellar leadership
[[Page H5974]]
of Chairman Royce and Ranking Member Engel, and I thank them so much
for their mentorship.
It is ironic that our committee stands on the verge of a significant
bipartisan breakthrough at this time. Perhaps our work can inspire some
much-needed reasonableness and compromise in these Halls in the hours,
days, and weeks to come.
Mr. ROYCE. Mr. Speaker, I continue to reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I mentioned before Ms. Frankel had worked
very hard, and we incorporated some of her work into this bill as well.
So I yield 2 minutes to the gentlewoman from Florida (Ms. Frankel).
Ms. FRANKEL of Florida. Mr. Speaker, this is a very good example of
what happens when colleagues work together. I want to thank Mr. Royce
and Mr. Engel very much for including in this legislation language from
a bipartisan bill sponsored by myself and my colleague, Mr. Trey Radel,
also from Florida.
This particular provision would authorize the State Department to use
the ``best value'' contracting award method in high-risk, high-threat
areas around the world, ensuring the safety of American men and women
serving our country abroad.
With this bipartisan effort, the State Department will be allowed to
consider factors beyond only price in making security contracts, giving
the State Department the flexibility and tools they need to keep those
who serve us abroad safe from harm and ensure taxpayer money is being
used effectively.
Mr. Speaker, the attack on our embassy in Benghazi was a tragic
reminder of the security environment in which many of our diplomats
serve. And it is our responsibility here in Congress to do everything
in our power to protect Americans and our embassies overseas.
Again, I thank Mr. Royce and Mr. Engel for their good work.
Mr. ROYCE. Mr. Speaker, I continue to reserve the balance of my time.
Mr. ENGEL. It is my pleasure now to yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee), a former member of our
committee.
Ms. JACKSON LEE. I want to thank the chairman and the ranking member
for the great work on an issue that so many of us have noted and
advocated for over the years.
As a former member of this committee during the time of the
Democratic majority, I still continue to have a great sense of the
importance of the work. Having traveled to a number of countries and
engaged with our diplomatic staff and the State Department, let me put
on the record the crucial work that our diplomatic corps--our diplomat
staff, the staff at the State Department, the Secretary of State--does
and is engaged in for the safety and security of the American people.
Their work is vital. They are partners with the defense; but more
importantly, they are partners for reconciliation and coming together.
It is evident by their great work of where we are in Syria, along with
the President, and of course, most recently, some of the outreach that
has gone on with Iran.
But my main point for speaking today is, having physically visited a
number of the diplomatic sites in high-risk and high-threat posts, I am
ecstatic about this legislation that provides a matrix, along with
working groups for security measures and funding, along with the review
of a diplomatic security, with the support of the National Endowment
for Democracy, which, when I went to oversee the Algerian election,
they were very much involved, as they are and as they were in Egypt,
and as they were in many other places where there are difficult
circumstances. And then of course to be able to enhance security for
the diplomatic staff and security, to protect the civilian, but also
the military. Our marines are very able, as those who are there at
posts; they provide enhanced security for those particular posts.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ENGEL. I yield the gentlelady 1 minute.
Ms. JACKSON LEE. One of the things that I am most excited about--and
I thank the author of the amendment--and that is the issue of best
value for security. That is a crucial bipartisan agreement that makes
common sense; that on the security of our men and women who leave these
shores to be instruments of peace, diplomatic engagement, and be the
face of the American people in very difficult posts--whether it's Iraq,
Afghanistan, or whether it may be Egypt, whether it may be Pakistan,
and other places beyond--that it is our duty to ensure that the posts
that they are in have the highest level of security quality, both from
technology and also from the physical bricks and mortar.
So I rise today because I wanted to first acknowledge the valiant
service of all of those who have served. I also want to make note of
those who we have lost, who have served in the diplomatic corps in
places far beyond our borders, and to thank them and thank those who
serve in the State Department and who are serving as we speak; and the
United States Marines, who across the world secure these very valiant
public servants.
I support the legislation.
Mr. ROYCE. Mr. Speaker, I reserve the balance of my time to close.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume to
conclude.
I again would like to thank Chairman Royce for his efforts in putting
this bill together.
I have a copy of the bill in front of me. It is H.R. 2848. It says:
In the House of Representatives, July 30, 2013, Mr. Royce,
for himself and Mr. Engel, introduced the following bill;
which was referred to the Committee on Foreign Affairs.
I read that because I think, again, it highlights, as so many of our
colleagues have said, that this bill is really Congress at its best and
the committee at its best. People had concerns; we worked together, and
we thrashed them out. We put together a product that those people who
were most concerned with this were able to agree. I hope that that will
be infectious, and perhaps we can take it out of our committee and move
it to the Congress on other things that we're not having so much
agreement with these days. But I again want to thank Chairman Royce.
The State authorization, an embassy security bill, is a very, very
important part of our oversight of the State Department. The bill will
bolster the State Department's security efforts, and who really can
oppose that.
So I urge its passage. I thank the chairman again, and I yield back
the balance of my time.
Mr. ROYCE. I thank Mr. Engel, and I yield myself the balance of my
time.
Mr. Speaker, I would point out again that, in the past, State
Department authorization bills that have passed the House--even under
suspension--have failed due to inaction in the other body. Now, because
of the strong bicameral interest in embassy security, we have an
opportunity to break this bad habit and return to our core
responsibility.
Congressman Engel from New York and myself have discussed these
issues not only with our Members, but with Members of the Senate. If
enacted, this bill of course will only be the fourth time in the last
17 years that Congress has passed a State Department authorization.
We need to seize this opportunity to move meaningful legislation at a
time when Members of this body and in the Senate understand that this
is a chance to direct this issue of embassy security and provide that
additional security.
I very much want to express my appreciation for the collaboration
I've had with Mr. Engel, our ranking member, on this piece of
legislation. This is a bipartisan bill, as he shared with you.
Together, we have worked to incorporate the ideas of the members of our
committee. A large number of those committee members have offered
amendments that are in this legislation.
So to conclude, I would point out that H.R. 2848 is a strongly
bipartisan measure. It is fiscally responsible; it is constructive in
its reforms; and it is deliberate in its efforts to keep our personnel
stationed overseas as safe as we can keep them.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 2848, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
[[Page H5975]]
Mr. FORBES. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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