Title II — S. 980 (Introduced in Senate)

201. 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 one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 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.

202. 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.

203. Disciplinary action resulting from unsatisfactory leadership in relation to a security incident

Section 304(c) of the Diplomatic Security Act (22 U.S.C. 4834(c)) is amended—

(1)

by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right;

(2)

by striking “recommendations.—Whenever” and inserting the following: “Recommendations.—

“(1) In general—Whenever”

(3)

by inserting at the end the following new paragraph:

“(2) Certain security incidents—Unsatisfactory leadership by a senior official with respect to a security incident involving loss of life, serious injury, or significant destruction of property at or related to a United States Government mission abroad may be grounds for disciplinary action. If a Board finds reasonable cause to believe that a senior official provided such unsatisfactory leadership, the Board may recommend disciplinary action subject to the procedures in paragraph (1).”

204. 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 “Such assistance may include”.

205. Death gratuity

Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. 3973(a)), is amended in the first sentence by striking “at the time of death” and inserting “at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death, except that for employees compensated under local compensation plans established under section 408 the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the Local Compensation Plan from which the employee was being paid at the time of death”.

206. 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)(B), by striking “to facilitate the” and all that follows through “Afghanistan,”;

(2)

by striking paragraph (2); and

(3)

by redesignating paragraph (3) as paragraph (2).

207. Special immigrant visas for families of foreign national employees of United States Government missions abroad

Section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended by inserting before “: Provided” the following: “, except that the spouse and children may also qualify if such employee is killed in the line of duty and had performed faithful service for a minimum of 15 years, and the relevant recommendation referenced in the following proviso is made with respect to each such individual”.

Title II — Contracting and other matters

II Contracting and other matters