US Codex
Bill
Notes

Title II — Physical security and personnel requirements

H.R. 2723 · 113th Congress · Jul 18, 2013 · Lineage

II Physical security and personnel requirements

Sec. 201 Capital Security Cost Sharing Program

(a)
Authorization of appropriations— There is authorized to be appropriated for fiscal year 2014 for the Department of State $1,383,000,000, to be available until expended, for the Capital Security Cost Sharing Program, authorized by section 604(e) of 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).
(b)
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.
(c)
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. 202 Local guard contracts abroad under diplomatic security program

(a)
In general— Section 136(c)(3) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)(3)) is amended to read as follows:

“(3) in evaluating proposals for such contracts, award contracts to technically acceptable firms offering the lowest evaluated price, except that—

“(A) the Secretary may award contracts on the basis of best value (as determined by a cost-technical tradeoff analysis); and

“(B) proposals received from United States persons and qualified United States joint venture persons shall be evaluated by reducing the bid price by 10 percent;”

(b)
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes—
(1)
an explanation of the implementation of paragraph (3) of section 136(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, as amended by subsection (a); and
(2)
for each instance in which an award is made pursuant to subparagraph (A) of such paragraph, as so amended, a written justification and approval, 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. 203 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 subsections:

“(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) Not later than 15 days before any transfer of funds pursuant to subsection (j), the Secretary of State shall 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.”

Sec. 204 Physical security of certain 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. 205 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), by striking “to facilitate the” and all that follows through “Afghanistan,”; and
(B)
by aligning the margins of subparagraph (C) with the margins of subparagraph (B);
(2)
by striking paragraph (2); and
(3)
by redesignating paragraph (3) as paragraph (2).

Sec. 206 Exemptions from certain protest procedures for non-compete contracting in exigent circumstances

A determination by the Department of State to use a procurement competition exemption under section 3304 of title 41, United States Code, in order to meet emergency security requirements shall not be subject to challenge by protest under either sections 3551 through 3557 of title 31, United States Code, or section 1491 of title 28, United States Code.

Sec. 207 Sense of Congress on 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 facilities should apply to all facilities regardless of the duration of their occupancy; and
(2)
such facilities should comply with requirements for attaining a waiver or exception to applicable standards if it is in the national interest of the United States.

Sec. 208 Sense of Congress on assignment of personnel at high risk, high threat posts

It is the sense of Congress that the Secretary of State should 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 of the local political and security environment; and
(2)
ensure that necessary security steps are implemented.