,,ii #aagth ,,congress #b;d ,session ,s4 #dcbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bf1 #bjbb,mr4 ,risch introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to enhance security at ,united ,states diplomatic facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,secure ,embassy ,construction and ,counterterrorism ,act of #bjbb4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7title ,,vi of division ,a of appendix ,g of ,public ,law #ajf-aac7 was a necessary response to bombings on ,august #g1 #aiih1 at the ,united ,states embassies in ,nairobi1 ,kenya1 and in ,dar es ,salaam1 ,tanzania that were destroyed by simultaneously exploding bombs4 ,the resulting explosions killed #bbj persons and injured more than #d1jjj others4 ,twelve ,americans and #dj ,kenyan and ,tanzanian employees of the ,united ,states ,foreign ,service were killed in the attacks4 7#b7 ,those bombings1 followed by the expeditionary diplomatic efforts in ,iraq and ,afghanistan1 demonstrated the need to prioritize the security of ,united ,states posts and personnel abroad above other considerations4 7#c7 ,between #aiii and #bjbb1 the risk calculus of the ,department of ,state has swung too far toward the elimination of risk1 leading to a marked decrease in the ability of ,united ,states diplomats around the world to advance the interests of the ,united ,states through access to local populations1 leaders1 and places4 7#d7 ,america's competitors and adversaries do not have the same restrictions that ,united ,states diplomats have1 especially in critically important medium-threat and high-threat posts4 7#e7 ,the ,department of ,state's #bjba ,overseas ,security ,panel report states that-- 7,a7 the requirement for setback and collocation of diplomatic posts under paragraphs 7#b7 and 7#c7 of section #fjf7;a7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii has led to sky-rocketing costs of new embassies and consulates2 and 7,b7 the locations of such posts have become less desirable1 creating an extremely suboptimal nexus that further hinders ,united ,states diplomats who are willing to accept more risk in order to advance ,united ,states interests4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the setback and collocation requirements referred to in section #b7e77;,a71 even with available waivers1 no longer provide the security such requirements used to provide because of advancement in technologies1 such as remote controlled drones1 that can evade walls and other such static barriers2 7#b7 the ,department of ,state should focus on creating performance security standards that-- 7,a7 attempt to keep the setback requirements of diplomatic posts as limited as possible2 and 7,b7 provide diplomats access to local populations as much as possible1 while still providing a necessary level of security2 7#c7 collocation of diplomatic facilities is often not feasible or advisable1 particularly for public diplomacy spaces in countries with repressive governments1 since such spaces are required to permit the foreign public to enter and exit the space easily and openly2 7#d7 the ,bureau of ,diplomatic ,security should-- 7,a7 fully utilize the waiver process provided under paragraphs 7#b77;,b7 and 7#c77;,b7 of section #fjf7;a7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii2 and 7,b7 appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances2 7#e7 the return of great power competition requires-- 7,a7 ,united ,states diplomats to do all they can to outperform our adversaries2 and 7,b7 the ,department of ,state to better utilize taxpayer funding to advance ,united ,states national interests2 and 7#f7 this ,act will rebalance the ,department of ,state's risk and provide ,united ,states diplomats the tools they need to compete in the #bast century1 while saving ,united ,states taxpayers potentially billions of dollars in reduced property and maintenance costs at embassies and consulates abroad4 #d4 ,definition of ,united ,states diplomatic facility ,section #fjc of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7title ,,vi of division ,a of appendix ,g of ,public ,law #ajf-aac7 is amended to read as follows3 #fjc4 ,united ,states diplomatic facility defined ,in this title1 the terms ,united ,states diplomatic facility and diplomatic facility-- 7#a7 mean any chancery1 consulate1 or other office considered diplomatic or consular premises1 consistent with the ,vienna ,convention on ,diplomatic ,relations1 done at ,vienna ,april #ah1 #aifa1 and the ,vienna ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 or otherwise subject to a publicly available bilateral agreement with the host government 7contained in the records of the ,united ,states ,department of ,state7 that recognizes the official status of the ,united ,states ,government personnel present at the facility2 and 7#b7 do not include-- 7,a7 ,u4,s4 ,customs and ,border ,protection preclearance facilities1 as established pursuant to section #fbi of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afbi7 and section #ajc7;a77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc7;a77#g77 and ,open ,source ,centers2 7,b7 contractor-owned facilities2 and 7,c7 facilities at which ,united ,states ,government personnel will be present not more than #fj consecutive days and where the ,secretary determines that operational conditions1 security considerations1 and mission goals support exclusion4 4 #e4 ,security requirements for ,united ,states diplomatic facilities ,section #fjf7;a7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7title ,,vi of division ,a of appendix ,g of ,public ,law #ajf-aac7 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking the threat and inserting a range of threats1 including that2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking abroad and inserting in a high risk1 high threat post2 and 7ii7 by inserting and ,voice of ,america correspondents on official assignment after military commander2 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i71 by inserting if applicable1 after at the site12 7ii7 in clause 7ii7-- 7,i7 in subclause 7,i71 by inserting at a post designated as high risk1 high threat under section #ajd of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhjc7 before the period at the end2 and 7,,ii7 in subclause 7,,ii71 by inserting at a post designated as high risk1 high threat under such section #ajd after consulate building2 and 7iii7 in clause 7iii71 by striking waivers and inserting instances of split operations in which ,united ,states diplomatic facilities are not colocated2 and 7#c7 in paragraph 7#c7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,requirement 7i7 ,in general ,each newly acquired ,united ,states diplomatic facility shall be constructed or modified to meet the measured building blast performance standard applicable to a facility sited not less than #ajj feet from the perimeter4 7ii7 ,leased facilities ,if the ,department of ,state is required to commence or restart diplomatic operations in a country or city without a previously constructed diplomatic facility and there is insufficient time to construct a facility before such commencement1 the ,secretary of ,state-- 7,i7 shall make every effort to lease an existing facility with the maximum setback and security features that can be reasonably expected2 and 7,,ii7 shall submit a setback waiver1 with a period of #a year after leased occupancy to process the setback waiver4 2 and 7,b7 in subparagraph 7,b77ii7-- 7i7 in subclause 7,i71 by inserting at a post designated as high risk1 high threat under section #ajd of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhjc7 before the period at the end2 7ii7 in subclause 7,,ii71 by inserting at a post designated as high risk1 high threat under such section #ajd after consulate building2 and 7iii7 in subclause 7,,iii71 by striking an annual and inserting a quarterly4