H.R. 2848 — what changed

changed Paragraph (3) of section 38(d) Section 501 of the State Department Basic Authorities Foreign Service Act of 1956 1980 (22 U.S.C. 2710(d)) 3981) is amended by striking “by the Department of State from another agency of the United States Government or pursuant to” and inserting “by the Department of State as “If a result of position designated under this section is unfilled for more than one single assignment cycle, such position shall be filled, as appropriate, on a decision of an international tribunal, temporary basis, in accordance with section 303 or 309.” after “Positions designated under this section are excepted from another agency of the United States Government, or pursuant to”.competitive service.”.

removed 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.”.

added 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).

removed Section 410(a)(1)(A) of the Department of State and Related Agencies Appropriations Act, 1999 (contained in division A of Public Law 105–277) is amended by striking “a fee of $13” and inserting “a fee equal to one-half the fee that would otherwise apply for processing a machine readable combined border crossing identification card and nonimmigrant visa”.

“(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;

changed “(B) a reasonable time 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;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:

changed “(A) The term reasonable time means—cause to believe a member has committed a crime means the member has been indicted by a grand jury.

removed “(i) with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and

removed “(ii) with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.

“(B) The term suspend or suspension means the placing of a member of the Foreign Service in a temporary status without duties and pay.”

changed 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:subsection:

changed “(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.“(j)

changed “(k) The “(1) In addition to exercising any other transfer authority available to the Secretary of State shall consult State, and subject to paragraphs (2) and (3), the Secretary may transfer to, and merge with, any appropriation for embassy security, construction, and not later than 15 days before maintenance such amounts appropriated for fiscal year 2014 for any transfer of funds pursuant other purpose related to subsection (j) notify, the Committees on Foreign Relations and Appropriations administration of foreign affairs on or after October 1, 2013, if the Senate Secretary determines such transfer is necessary to provide for the security of sites and buildings in foreign countries under the Committees on Foreign Affairs jurisdiction and Appropriations control of the House of Representatives of such transfer.”Secretary.

added “(2) Any funds transferred pursuant to paragraph (1)—

added “(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

added “(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.

added “(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.”

“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;

changed “(E) minimal firearms proficiency; 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:

changed “(1) Complex attack—The term “complex attack” 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.

“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.

“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.”