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FY 2005 Department of State Appropriations Legislative and Report Language Related to Rightsizing


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Office of Rightsizing the U.S. Government (USG) Overseas Presence
Washington, DC
April 26, 2005

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P.L. 108-447: FY 2005 Department of State Appropriations

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $700,000 of this appropriation), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948; representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition by exchange or purchase of passenger motor vehicles as authorized by law; and for expenses of general administration, $3,570,000,000: Provided, That not to exceed 71 permanent positions shall be for the Bureau of Legislative Affairs: Provided further, That none of the funds made available under this heading may be used to transfer any full-time equivalent employees into or out of the Bureau of Legislative Affairs: Provided further, That, of the amount made available under this heading, not to exceed $4,000,000 may be transferred to, and merged with, funds in the 'Emergencies in the Diplomatic and Consular Service' appropriations account, to be available only for emergency evacuations and terrorism rewards: Provided further, That, of the amount made available under this heading, $319,994,000 shall be available only for public diplomacy international information programs: Provided further, That of the amount made available under this heading, $3,000,000 shall be available only for the operations of the Office on Right-Sizing the United States Government Overseas Presence: Provided further, That funds available under this heading may be available for a United States Government interagency task force to examine, coordinate and oversee United States participation in the United Nations headquarters renovation project: Provided further, That no funds may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China unless, at least 15 days in advance, the Committees on Appropriations of the House of Representatives and the Senate are notified of such proposed action: Provided further, That of the amount made available under this heading, $185,128,000 is for Near Eastern Affairs, $80,234,000 is for South Asian Affairs, and $251,706,000 is for African Affairs: Provided further, That, of the amount made available under this heading, $2,000,000 shall be available for a grant to conduct an international conference on the human rights situation in North Korea: Provided further, That of the amount made available under this heading, $200,000 is for a grant to the Center for the Study of the Presidency and $1,900,000 is for a grant to Shared Hope International to combat international sex tourism: Provided further, That the Intellectual Property Division shall be elevated to office-level status and shall be renamed the Office of International Intellectual Property Enforcement within 60 days of enactment of this Act.

GENERAL PROVISIONS--DEPARTMENT OF STATE AND RELATED AGENCY

SEC. 409. (a) The Secretary of State shall require each chief of mission to review, not less than once every 5 years, every staff element under chief of mission authority, including staff from other departments or agencies of the United States, and recommend approval or disapproval of each staff element. Each such review shall be conducted pursuant to a process established by the President for determining appropriate staffing at diplomatic missions and overseas constituent posts (commonly referred to as the 'NSDD-38 process').

(b) The Secretary of State, as part of the process established by the President referred to in subsection (a), shall take actions to carry out the recommendations made in each such review.

(c) Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary's recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State.

Conference Report Language (House Report 108-792): FY 2005 Department of State Appropriations

Right-sizing.--The conferees urge the Department to move forward expeditiously with its right-sizing plan. Right-sizing refers to the reconfiguration of overseas U.S. Government personnel to the number necessary to achieve U.S. foreign policy goals. The conferees recognize that, as the property manager for all U.S. Government properties overseas, the Department of State faces considerable pressure to accommodate ever-greater numbers of non-State Department personnel in its overseas facilities. Given the increasing security vulnerabilities of U.S. Government personnel and facilities, the conferees strongly urge the Department to use the most stringent criteria for determining overseas staffing levels. In addition, the conferees expect the staffing decision-making mechanism used for the U.S. mission in Iraq to be the model for future right-sizing efforts.

For any right-sizing framework to be effective, it must have two main components: (1) a process for determining, internally, the appropriate number of State Department personnel stationed overseas, and (2) an interagency process for determining the appropriate number of non-military U.S. government personnel stationed overseas. To this end, the conference agreement designates $3,000,000 for the Department to continue the operations of the Office on Right-Sizing the United States Overseas Presence. The conferees expect that this Office, which shall continue to report directly to the Undersecretary for Management, will lead the Department's effort to develop internal and interagency mechanisms to better coordinate, rationalize, and manage the deployment of U.S. government personnel overseas. The conferees expect the Office of Right-Sizing to report to the Committees on Appropriations each year on June 1 regarding the trends in overseas staffing, and support for Chiefs of Mission (COM) and to undertake a review of certain posts, as described in the Senate report.

As part of the overall right-sizing function, the conferees encourage the Department to review the International Cooperative Administrative Support Services (ICASS) system to ensure that the system contributes to right-sizing efforts.

The conferees commend the Department for its recent steps to strengthen internal processes for determining staffing projections for overseas personnel needs. However, more needs to be done. The conferees are not aware of any right-sizing analysis in the past several years that has resulted in a proposed reduction to a country-wide staffing presence. The conferees are supportive of the concept of regionalization. Regionalization refers to the practice of basing certain administrative functions and personnel in regional centers, or 'hubs', thereby creating efficiencies. The conferees note that the Department continues to make less than notable progress towards developing an interagency right-sizing process, but anticipates that the capital security cost sharing plan will create new right-sizing incentives to facilitate meeting the conferees' expectations. Language is included establishing and outlining the requirements of the Department's capital cost sharing plan to encourage other Federal agencies to examine more closely whether the personnel they send overseas are truly mission-critical. The conferees remind the Department that this interagency process should not supercede the authority of COMs to determine the composition of their posts, but rather, to serve as a tool and support mechanism. The post must remain at the center of the right-sizing process.



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