H.R. 2848 — what changed
Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014
From Introduced in House to Reported in House. 7 sections amended and 5 added between Introduced in House and Reported in House.
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:
Diplomatic and consular programs— For “Diplomatic and Consular Programs”, $8,481,854,000 for fiscal year 2014.
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.
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.
Capital investment fund— For “Capital Investment Fund”, $76,900,000 for fiscal year 2014.
changed
Educational and cultural exchange programs— For “Educational and Cultural Exchange Programs”, $535,000,000 for fiscal year 2014.2014, 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.
Conflict stabilization operations—
In general— For “Conflict Stabilization Operations”, $45,207,000 for fiscal year 2014.
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.
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.
Representation allowances— For “Representation Allowances”, $6,933,000 for fiscal year 2014.
Protection of foreign missions and officials— For “Protection of Foreign Missions and Officials”, $27,750,000 for fiscal year 2014.
Emergencies in the diplomatic and consular service— For “Emergencies in the Diplomatic and Consular Service”, $9,073,000 for fiscal year 2014.
Repatriation loans— For “Repatriation Loans”, $1,374,000 for fiscal year 2014.
Payment to the American Institute in Taiwan—
In general— For “Payment to the American Institute in Taiwan”, $21,778,000 for fiscal year 2014.
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.
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.
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.
International chancery center— For “International Chancery Center (ICC)”, $5,450,000 for fiscal year 2014.
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
changed
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.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
changed
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.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. 106 Prohibition on use of funds relating to Federal Acquisition Regulation
addedadded No funds under this Act are authorized to be appropriated to enter into a contract with any offeror or any of its principals if the offeror certifies, pursuant to the Federal Acquisition Regulation, that the offeror or any of its principals—
added
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
added
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
added
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
addedadded 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.
Sec. 202 Foreign Service Act of 1980
changed
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 filled, as appropriate, on a temporary basis, in accordance with section 303 or 309, as appropriate, of the Foreign Service Act of 1980 (22 U.S.C. 3943 and 3949).” 309.” after “Positions designated under this section are excepted from the competitive service.”.
Sec. 213 Authority to restrict passports
added
added
In general— The Secretary of State is authorized to—
added
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
added
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.
added
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.
added
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.
added
Definitions— For purposes of this section:
added
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).
added
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).
Sec. 221 Reporting reform
In general— The following provisions of law are repealed:
Subsections (c)(4) and (c)(5) of section 601 of Public Law 96–465.
Section 585 of Public Law 104–208.
Subsections (b) and (c) of section 11 of Public Law 107–245.
Section 181 of Public Law 102–138.
Section 1012(c) of Public Law 103–337.
Section 527(f) of Public Law 103–236.
Section 304(f) of Public Law 107–173.
Section 4(b) of Public Law 79–264.
changed
Sections Section 3202 and 3204(f) of Public Law 106–246.
Conforming amendment— Section 11 of Public Law 107–245 is amended by striking “(a) In general.—”.
Report on United States contributions to the United Nations—
In general— Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.
Content— Each report required under subsection (a) shall include the following elements:
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.
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.
For each such United States Government contribution—
the amount of the contribution;
a description of the contribution (including whether assessed or voluntary);
the department or agency of the United States Government responsible for the contribution;
the purpose of the contribution; and
the United Nations or its affiliated agency or related body receiving the contribution.
added
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.
added
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.
removed
Scope of initial report— The first report required under subsection (a) shall include the information required under this section for the previous three fiscal years.
removed
Public availability of information— Not later than 14 days after submitting a report under subsection (a), 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.
Sec. 414 Revision of provisions relating to personnel recommendations of Accountability Review Board
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added
In general— Section 304(c) of the Diplomatic Security Act (22 U.S.C. 4834(c)) is amended—
added
in the matter preceding paragraph (1)—
added
by striking “Whenever” and inserting “If”; and
added
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)”;
added
in paragraph (2), by striking “finding” each place it appears and inserting “findings”; and
added
in the matter following paragraph (3)—
added
by striking “has breached a duty of that individual” and inserting “has unsatisfactorily performed the duties of employment of that individual”; and
added
by inserting “of employment” after “performance of the duties”.
added
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.
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 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.
changed
“(k) Not The Secretary of State shall consult with, and not later than 15 days before any transfer of funds pursuant to subsection (j), the Secretary of State shall notify (j) notify, the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives of such transfer.”
Sec. 425 Reemployment of annuitants
changed
Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by section 306 of this Act, 4064(g)) is further amended—
in paragraph (1)—
in subparagraph (B)—
by striking “to facilitate the” and all that follows through “Afghanistan,”; and
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
by moving subparagraph (C) two ems to the left; and
in paragraph (2)—
in subparagraph (A), by striking “2010” and inserting “2018”; and
in subparagraphs (B) and (C), by striking “2009” and inserting “2018” each place it appears.
Sec. 428 Bureau of Diplomatic Security mobile biometric enrollment program
addedadded 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:
added
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.
added
An assessment of the effectiveness and uses of such biometric technologies.
added
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.