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port to the Congress on each such recommendation and the action taken with respect to that recommendation.

(2) PERSONNEL RECOMMENDATIONS.—In any case in which a Board transmits a finding of reasonable cause under subsection (c), the head of the Federal agency or instrumentality receiving the information shall review the evidence and recommendations and shall, not later than 30 days after the receipt of that finding, transmit to the Congress a report specifying

(A) the nature of the case and a summary of the evidence transmitted by the Board; and

(B) the decision by the Federal agency or instrumentality, to take disciplinary or other appropriate action against that individual or the reasons for deciding not to take dis

ciplinary or other action with respect to that individual. SEC. 305.28 RELATION TO OTHER PROCEEDINGS.

Nothing in this title shall be construed to create administrative or judicial review remedies or rights of action not otherwise available by law, nor shall any provision of this title be construed to deprive any person of any right or legal defense which would otherwise be available to that person under any law, rule, or regulation.

TITLE IV-DIPLOMATIC SECURITY PROGRAM SEC. 401.2 AUTHORIZATION. (a) DIPLOMATIC SECURITY PROGRAM.—

(1) IN GENERAL.-In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated for fiscal years 1986 and 1987, for the Department of State to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year for "Administration of Foreign Affairs," as follows:

(A) For “Salaries and Expenses,” $308,104,000.

(B) For “Acquisition and Maintenance of Buildings Abroad,” $857,806,000.

(C) For "Counterterrorism Research and Development," $15,000,000. (2) ANTITERRORISM ASSISTANCE.— * * *

(3) 30 CAPITAL CONSTRUCTION, FISCAL YEARS 1988 THROUGH 1990.-—There is authorized to be appropriated for the Department of State for “Acquisition and Maintenance of Buildings Abroad” for each of the fiscal years 1988 through 1990,31 $417,962,000 to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program. Authorizations of appropriations under this paragraph shall remain available until the appropriations are made.32

28 22 U.S.C. 4835.

20 22 U.S.C. 4851. Sec. 302 of the Department of State Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207; 22 U.S.C. 4851 note), provided the following:

"The Secretary of State shall report to the appropriate committees of the Congress on the obligation of funds provided for diplomatic security and related expenses every month.".

30 Sec. 101(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 388), will repeal para. (3), effective October 1, 1995.

31 The Department of State Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat 1761), provided the following:

"ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD "For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the Diplomatic Security Construction Program as authorized by title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851), $421,760,000 to remain available until expended as authorized by 22 U.S.C. 2696(c): Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture and furnishings and generators for other departments and agencies, or the funds made available in this paragraph not to exceed $117,864,000 shall be available for Maintenance of Buildings and Facility Rehabilitation.".

(4) ALLOCATION OF AMOUNTS AUTHORIZED TO BE APPROPRIATED.-Amounts authorized to be appropriated by this subsection, and by the amendment made by paragraph (2), shall be allocated as provided in the table entitled “Diplomatic Security Program” relating to this section which appears in the Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986). (b) NOTIFICATION TO AUTHORIZING COMMITTEES OF REQUESTS FOR APPROPRIATIONS.—In any fiscal year, whenever the Secretary of State submits to the Congress a request for appropriations to carry out the program described in subsection (a), the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such request, together with a justification of each item listed in such request.

(c) 33 * * * (Repealed-1994)

(d) PROHIBITION ON REALLOCATIONS OF AUTHORIZATIONS.—Section 24(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2692(d)) shall not apply with respect to any amounts authorized to be appropriated under this section.

(e) SECURITY REQUIREMENTS OF OTHER FOREIGN AFFAIRS AGENCIES.-Based solely on security requirements and within the total amount of funds available for security, the Secretary of State shall ensure that an equitable level of funding is provided for the security requirements of other foreign affairs agencies.

(f) INSUFFICIENCY OF FUNDS. - In the event that sufficient funds are not available in any fiscal year for all of the diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program, as justified to the Congress for such fiscal year, the Secretary of State shall report to the Congress the effect that the insufficiency of funds will have with respect to the Department of State and each of the other foreign affairs agencies.

(g) ALLOCATION OF FUNDS FOR CERTAIN SECURITY PROGRAMS.Of the amount of funds authorized to be appropriated by subsection (aX1)(A), $34,537,000 shall be available to the Secretary of State only for the protection of classified office equipment, the expansion of information systems security, and the hiring of American systems managers and operators for computers at high threat locations. (h) 34 FURNITURE, FURNISHINGS, AND EQUIPMENT.

The final sentence of subsec. (3) was added by sec. 101(c) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Slat. 1336).

33 Sec. 122(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 392), repealed subsec. (c). Subsec. (c) formerly read as follows:

"(c) REPROGRAMMING TREATMENT.--Amounts made available for capital projects pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State De. partment Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.". a Para. (2) of this subsec. amended sec. 9 of the Foreign Service Buildings Act of 1926. Sec. 122(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103 236; 108 Stat. 392), repealed para. (3), which read as follows:

(1) USE OF EXISTING FURNITURE, FURNISHINGS, AND EQUIPMENT.-If physically possible, facilities constructed or acquired pursuant to subsection (a) shall be furnished and equipped with the furniture, furnishings, and equipment that were being used in the facilities being replaced, rather than with newly ac

quired furniture, furnishings, and equipment. SEC. 402.4 DIPLOMATIC CONSTRUCTION PROGRAM.

(a) 36 PREFERENCE FOR UNITED STATES CONTRACTORS.-Notwithstanding section 11 of the Foreign Service Buildings Act, 1926, and where adequate competition exists, only United States persons and qualified United States joint venture persons may

(1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $10,000,000; 37 and

(2) 38 bid on a diplomatic construction or design project which involves technical security, unless the project involves low-level

technology, as determined by the Secretary of State. (b) EXCEPTION.Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to 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 what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the “Foreign Missions Act”).

(c) DEFINITIONS.—For the purposes of this section

"3) REPROGRAMMING TREATMENT.-Amounts made available for furniture, furnishings, and equipment pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.".

36 22 U.S.C. 4852.

30 Sec. 125 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 27) provided that “Section 402(a) of the Diplomatic Security Act (22 U.S.C. 4852(a)) shall not apply to the construction or renovation of the United States Embassy in Ottawa, Canada.".

37 Sec. 131(1) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 662), struck out "$5,000,000" and inserted in lieu thereof "$10,000,000.".

38 Sec. 131(2) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138: 105 Stat. 662), amended and restated par. (2). It had previously been rewritten by sec. 132 of Public Law 101-246 (104 Stat. 32). Subsequently, sec. 162(gX10) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407). struck out "Assistant Secretary for Diplomatic Security and inserted in lieu thereof "Secretary of State" at the close of the sentence.

The Secretary of State delegated functions authorized under this subsection to the Assistant Secretary for Diplomatic Security (Department of State Public Notice 2086; sec. 8 of Delegation of Authority No. 214; 59 F.R. 50790).

(1) the term "adequate competition" means with respect to a construction or design project, the presence of two or more qualified bidders submitting responsive bids for that project; (2) the term “United States person” means a person which

(A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws;

(B) has its principal place of business in the United States;

(C) has been incorporated or legally organized in the United States

(i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and

(ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection

(aX2); (D) has performed within the United States administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid;

(E) with respect to a construction project under subsection (aX1), has achieved total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C)(i);

(F)(i) employs United State citizens in at least 80 percent of its principal management positions in the United States,

(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States, and

(iii) will employ United States citizens in at least 80 percent of the supervisory positions on the foreign buildings office project site; and

(G) has the existing technical and financial resources in the United States to perform the contract; and (3) the term “qualified United States joint venture person" means a joint venture in which a United States person or per

sons owns at least 51 percent of the assets of the joint venture. (d) AMERICAN MINORITY CONTRACTORS.-Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors.

(e) AMERICAN SMALL BUSINESS CONTRACTORS.-Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors.

(f) LMTATION ON SUBCONTRACTING.-With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project. SEC. 483. SECTRITY REQUTREMENTS FOR CONTRACTORS

Xot later than 90 days after the date of enactment of this Act, the Secretary of State shall issue regulations to

(1) strengthen the security procedures applicable to contractors and subcontractors involved in any way with any diplomatic construction or design project, and

(2) permit a contractor or subcontractor to have access to any design or blueprint reading to such a project only in accord

ance with those procedures. SEC. 404 QUALIFICATIONS OP PERSONS HIRED FOR THE DIPLO

MATIC CONSTRUCTION PROGRAM. In carrying out the diplomatie construction program referred to in section 401 ai, the Secretary of State shall employ as professional staff by appointment, contract, or otherwise, only those persons with a demonstrated specialized background in the fields of construction law, or contract management. In fi. ing such positions, the Secretary shal actively recruit women and members of minority groups. SEC. 405.4 COST OVERRUNS.

Any amount required to complete any capital project described in the Department of State's Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year, which is in excess of the amount made avai. abie for that project pursuant to section 40; a (llor (31 shall be treated as a reprogramming of funds under section 34 of the State Department Basie Authorties Act of 1956 (22 US.C. 2700) and shall not be available for obligation or expenditure except in compliance with the procedures appricable to such reprogrammings. SEC. 406. & EFFICIENCY IN CONTRACTING.

(a) BONTSES AND PENALTIES. –The Director of the Office of Foreign Buildings shall provide for a contract system of bonuses and penalties for the diplomatie construction program funded pursuant to the authorizations of appropriations provided in this title. Not later than 3 months after the date of enactment of this Act, the Director shall submit a report to the Congress on the implementation of this section.

bi SURETY BONDS AND GUARANTEES.–The Director of the Office of Foreign Buildings shall require each person awarded a contract for work under the diplomatic construction program to post a surety bond or guarantee, in such amount as the Director may determine, to assure performance under such contract.

(c) DISQUALIFICATION OF CONTRACTORS.No person doing business with Libya may be eligibie for any contract awarded pursuant to this Act.

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