Sec. 7004.
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Of funds provided under title I of this Act, except as provided in subsection (b), 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 agency or department 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 subsection
(e)of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005. Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps. For the purposes of calculating the fiscal year 2016 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the Department of State’s contribution for this purpose. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas diplomatic facilities during fiscal year 2016, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: , That any such notification for a new diplomatic facility justified to the Committees on Appropriations in Appendix I of the Congressional Budget Justification, Department of State, Diplomatic Engagement, Fiscal Year 2016, or not previously justified to such Committees, shall include confirmation that the Department of State has completed the requisite value engineering studies required pursuant to OMB Circular A–131, Value Engineering December 31, 2013 and the Bureau of Overseas Building Operations Policy and Procedure Directive, P&PD, PE/DE 03; Value Engineering, May 26, 2004. Provided Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance may be made available to address security vulnerabilities at expeditionary, interim, and temporary facilities abroad, including physical security upgrades and local guard staffing, except that the amount of funds made available for such purposes from this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be a minimum of $25,000,000: , That the uses of such funds should be the responsibility of the Assistant Secretary of State for the Bureau of Diplomatic Security and Foreign Missions, in consultation with the Director of the Bureau of Overseas Buildings Operations: Provided , That such funds shall be subject to prior consultation with the Committees on Appropriations. Provided further Notwithstanding any other provision of law, the opening, closure, or any significant modification to an expeditionary, interim, or temporary diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. Not later than 60 days after enactment of this Act, the Department of State shall document standard operating procedures and best practices associated with the delivery, construction, and protection of temporary structures in high threat and conflict environments: , That the Secretary of State shall notify the Committees on Appropriations after completing such documentation. Provided None of the funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be obligated for design, site preparation or construction of a Foreign Affairs Security Training Center (FASTC) at Fort Pickett, Virginia, until each of the following occurs: The Secretary of State submits to the appropriate congressional committees, the Comptroller General of the United States, and the Director of the Office of Management and Budget a comprehensive cost-benefit analysis of the construction of FASTC at Fort Pickett, Virginia that includes, at a minimum, the following: a life-cycle cost estimate of construction, maintenance, and sustainment of FASTC; an estimate of the effect of FASTC on the total cost associated with conducting security training for Department of State personnel and dependents, as appropriate; and a detailed analysis that quantifies the impact of FASTC on the training capacity and operational effectiveness of Bureau of Diplomatic Security, Department of State; The Comptroller General submits an assessment of the analysis required by subparagraph
(A)to the appropriate congressional committees on the methodology, analysis and conclusions of the report submitted by the Secretary of State; and The Secretary of State, in consultation with the Director of the Office of Management and Budget, reviews the report required under subparagraph
(A)and the assessment required under subparagraph (B), and certifies to the appropriate congressional committees that the construction of FASTC at Fort Pickett, Virginia would provide efficiencies and increases in the training capacity and operational effectiveness of the Bureau of Diplomatic Security commensurate with the estimated life-cycle costs of constructing, maintaining, and sustaining FASTC. Not later than 180 days after the enactment of this Act, the Secretary of State shall submit the report required subparagraph (A), and not later than 180 days after receiving such report, the Comptroller General shall submit the assessment required under subparagraph (B). Not later than 30 days after enactment of this Act, the Secretary of State shall determine and report to the appropriate congressional committees the extent to which the Government of the People's Republic of China
(PRC)has taken action to interfere with the repair and renovation of United States diplomatic facilities in the PRC during the past calendar year, including any action taken in contravention of the Vienna Convention on Diplomatic Relations, 1961. Funds appropriated under the heading Diplomatic and Consular Programs , including for Worldwide Security Protection, and under the heading Embassy Security, Construction, and Maintenance in titles I and VIII of this Act may be transferred to, and merged with, funds appropriated by such titles under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: , That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law. Provided
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- Pub. L. 106-113
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