Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security, Threat Mitigation, and Personnel Protection Act of 2013 - Title I: Funding Authorization and Transfer Authority - (Sec. 101) Authorizes FY2014 appropriations for the capital security cost sharing program.
Expresses the sense of Congress that: (1) the capital security cost sharing program should prioritize the construction of new facilities and the maintenance of existing facilities in high threat, high risk areas in addition to addressing immediate threat mitigation; and (2) all U.S. government agencies are required to pay into the program a percentage of total costs determined by interagency agreements in order to address immediate threat mitigation needs and increase FY2014 program funds.
Amends the Secure Embassy Construction and Counterterrorism Act of 1999 to prohibit a project to construct a U.S. diplomatic facility from including office space or other accommodations for any federal employee whose department or agency has not provided the Department of State (Department) with the full amount of required funding, except that a project may include office space or other accommodations for members of the U.S. Marine Corps.
(Sec. 102) Allocates amounts from such authorization for immediate threat mitigation projects.
Authorizes the Secretary of State to transfer and merge such funds to any Department appropriation account for the purpose of carrying out threat mitigation projects.
(Sec. 103) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to urge that language training be provided for diplomatic security personnel assigned to permanent or long-term temporary duty at high threat, high risk posts.Authorizes FY2014-FY2015 appropriations.
(Sec. 104) Expresses the sense of Congress that: (1) Department employees and their families deserve improved programs and facilities for high threat training and training on risk management decision processes; (2) improved high threat, high risk training is consistent with the Benghazi Accountability Review Board Recommendation 17; (3) improved security training should take advantage of existing training synergies such as military and security assets; and (4) the Secretary should undertake temporary measures to meet critical security training requirements.
Authorizes FY2014-FY2015 appropriations for: (1) security training; and (2) acquisition, construction, and operation of a new Foreign Affairs Security Training Center or expansion of existing training facilities.
(Sec. 105) Amends the Foreign Service Buildings Act of 1926 to authorize the Secretary to transfer to, and merge with, any appropriation for embassy security, construction, and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after October 1, 2013.
Title II: Contracting and Other Matters - (Sec. 201) Revises requirements for local guard contracts abroad.
(Sec. 202) Amends the Diplomatic Security Act to declare that unsatisfactory leadership by a senior official regarding a security incident involving loss of life, serious injury, or significant destruction of property at or related to a U.S. government mission abroad may be grounds for disciplinary action.
(Sec. 203) Declares that nothing in this Act or any other provision of law shall be construed to prevent the Secretary from taking personnel action against any Department employee or official who has breached his or her duty or has engaged in misconduct or unsatisfactorily performed such duties in a manner that has significantly contributed to the serious injury, loss of life, or significant destruction of property, or a serious breach of security.
(Sec. 204) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to provide physical security enhancements at overseas educational facilities established for the children of U.S. government employees.
(Sec. 205) Amends the Foreign Service Act of 1980 to extend through October 1, 2019, the Secretary's authority to waive the annuity termination of a temporarily reemployed annuitant to facilitate the assignment or replacement of persons to high threat, high risk posts.
Title III: Expansion of the Marine Corps Security Guard Detachment Program - (Sec. 301) Directs the Secretary to: (1) implement a plan to incorporate the additional Marine Corps Security Guard personnel at U.S. diplomatic facilities, and (2) conduct an annual review of the Marine Corps Security Guard Program.
Title IV: Reporting on the Implementation of the Accountability Review Board Recommendations - (Sec. 401) Directs the Secretary to report to Congress regarding the facts and circumstances surrounding the September 11-12, 2012, killings of four U.S. government personnel in Benghazi, Libya.
(Sec. 402) Directs the Secretary to report to Congress annually regarding high risk, high threat overseas posts.
(Sec. 403) Directs the Secretary to assess for Congress the counterintelligence threat to U.S. diplomatic facilities in Priority 1 Counterintelligence Threat Nations (countries designated as such by the October 2012 National Intelligence Priorities Framework).
(Sec. 404) Directs the Comptroller General (GAO) to report to Congress on the Department's progress in implementing the recommendations of the Benghazi Accountability Review Board.
(Sec. 405) Directs the Bureau of Diplomatic Security to provide classified briefings and updates to Congress regarding the Security Environment Threat List.
Title V: Accountability Review Boards - (Sec. 501) Expresses the sense of Congress that the Accountability Review Board mechanism: (1) is an effective tool to collect information about and evaluate adverse incidents affecting U.S. diplomatic personnel; and (2) should assist the Secretary, the President, and Congress in determining what contributed to an adverse incident as well as what new measures are necessary to prevent the recurrence of such incidents.
(Sec. 502) Requires the Secretary to give Congress copies of any Board reports.
(Sec. 503) Amends the Omnibus Diplomatic Security and Antiterrorism Act to revise Board membership and staff requirements.
Title VI: Other Matters - (Sec. 601) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to require that the Deputy Assistant Secretary of State for High Threat, High Risk Posts have one or more of the following qualifications: (1) service during the last six years at one or more high threat, high risk posts; (2) previous service as the office director or deputy director at the Department's Office of Mobile Security Deployments, Office of Special Programs and Coordination, Office of Overseas Protective Operations, Office of Physical Security Programs, or Office of Intelligence and Threat Analysis; (3) previous service as the Regional Security Officer at two or more overseas posts; or (4) other similar government or private sector experience.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1386 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1386
To provide for enhanced embassy security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2013
Mr. Menendez (for himself and Mr. Corker) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To provide for enhanced embassy security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Chris Stevens,
Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security, Threat
Mitigation, and Personnel Protection Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY
Sec. 101. Capital Security Cost Sharing Program.
Sec. 102. Immediate threat mitigation.
Sec. 103. Language training.
Sec. 104. Foreign affairs security training.
Sec. 105. Transfer authority.
TITLE II--CONTRACTING AND OTHER MATTERS
Sec. 201. Local guard contracts abroad under diplomatic security
program.
Sec. 202. Disciplinary action resulting from unsatisfactory leadership
in relation to a security incident.
Sec. 203. Management and staff accountability.
Sec. 204. Security enhancements for soft targets.
Sec. 205. Reemployment of annuitants.
TITLE III--EXPANSION OF THE MARINE CORPS SECURITY GUARD DETACHMENT
PROGRAM
Sec. 301. Marine Corps Security Guard Program.
TITLE IV--REPORTING ON THE IMPLEMENTATION OF THE ACCOUNTABILITY REVIEW
BOARD RECOMMENDATIONS
Sec. 401. Department of State implementation of the recommendations
provided by the Accountability Review Board
convened after the September 11-12, 2012,
attacks on United States Government
personnel in Benghazi, Libya.
Sec. 402. Designation and reporting for high threat, high risk
facilities.
TITLE V--ACCOUNTABILITY REVIEW BOARDS
Sec. 501. Sense of Congress.
Sec. 502. Provision of copies of Accountability Review Board reports to
Congress.
Sec. 503. Changes to existing law.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Facilities.--The term ``facilities'' encompasses
embassies, consulates, expeditionary diplomatic facilities, and
any other diplomatic facilities, not in the United States,
including those that are intended for temporary use.
TITLE I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY
SEC. 101. CAPITAL SECURITY COST SHARING PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2014 for the Department of State
$1,383,000,000, to be available until expended, for the Capital
Security Cost Sharing Program, authorized by section 604(e) of the
Secure Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 note).
(b) Sense of Congress on the Capital Security Cost Sharing
Program.--It is the sense of Congress that--
(1) the Capital Security Cost Sharing Program should
prioritize the construction of new facilities and the
maintenance of existing facilities in high threat, high risk
areas in addition to addressing immediate threat mitigation as
set forth in section 102; and
(2) all United States Government agencies are required to
pay into the Capital Security Cost Sharing Program a percentage
of total costs determined by interagency agreements, in order
to address immediate threat mitigation needs and increase funds
for the Capital Security Cost Sharing Program for fiscal year
2014, including to address inflation and increased construction
costs.
(c) Restriction on Construction of Office Space.--Section 604(e)(2)
of the Secure Embassy Construction and Counterterrorism Act of 1999
(title VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865
note) is amended by adding at the end the following: ``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 paragraph (1), except that such
project may include office space or other accommodations for members of
the United States Marine Corps. Funding appropriated for Overseas
Contingency Operations for Worldwide Security Upgrades shall be
considered to be part of the Department of State's Capital Security
Cost Sharing Program payment, and, subject to annual appropriations,
shall be subject to the funding requirements in paragraph (1).''.
SEC. 102. IMMEDIATE THREAT MITIGATION.
(a) Allocation of Authorized Appropriations.--In addition to any
funds otherwise made available for such purposes, the Department of
State shall, notwithstanding any other provision of law except as
provided in subsection (d), use $300,000,000 of the funding provided in
section 101 for immediate threat mitigation projects, with priority
given to facilities determined to be ``high threat, high risk''
pursuant to section 402.
(b) Allocation of Funding.--In allocating funding for threat
mitigation projects, the Secretary of State shall prioritize funding
for--
(1) the construction of safeguards that provide immediate
security benefits;
(2) the purchasing of additional security equipment,
including additional defensive weaponry;
(3) the paying of expenses of additional security forces,
with an emphasis on funding United States security forces where
practicable; and
(4) any other purposes necessary to mitigate immediate
threats to United States personnel serving overseas.
(c) Transfer.--The Secretary may transfer and merge funds
authorized under subsection (a) to any appropriation account of the
Department of State for the purpose of carrying out the threat
mitigation projects described in subsection (b).
(d) Use of Funds for Other Purposes.--Notwithstanding the
allocation requirement under subsection (a), funds subject to such
requirement may be used for other authorized purposes of the Capital
Security Cost Sharing Program if, not later than 15 days prior to such
use, the Secretary certifies in writing to the appropriate
congressional committees that--
(1) high threat, high risk facilities are being secured to
the best of the United States Government's ability; and
(2) the Secretary of State will make funds available from
the Capital Security Cost Sharing Program or other sources to
address any changed security threats or risks, or new or
emergent security needs, including immediate threat mitigation.
SEC. 103. LANGUAGE TRAINING.
(a) In General.--Title IV of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.) is amended by adding
at the end the following new section:
``SEC. 416. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY PERSONNEL
ASSIGNED TO HIGH THREAT, HIGH RISK POSTS.
``(a) In General.--Diplomatic security personnel assigned
permanently to, or who are serving in, long-term temporary duty status
as designated by the Secretary of State at a high threat, high risk
post should receive language training described in subsection (b) in
order to prepare such personnel for duty requirements at such post.
``(b) Language Training Described.--Language training referred to
in subsection (a) should prepare personnel described in such
subsection--
``(1) to speak the language at issue with sufficient
structural accuracy and vocabulary to participate effectively
in most formal and informal conversations on subjects germane
to security; and
``(2) to read within an adequate range of speed and with
almost complete comprehension on subjects germane to
security.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 annually for fiscal years 2014 and 2015 to
carry out this section.
(c) Inspector General Review.--The Inspector General of the
Department of State and Broadcasting Board of Governors shall, at the
end of fiscal years 2014 and 2015, review the language training
conducted pursuant to this section and make the results of such reviews
available to the Secretary of State and the appropriate congressional
committees.
SEC. 104. FOREIGN AFFAIRS SECURITY TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Department of State employees and their families
deserve improved and efficient programs and facilities for high
threat training and training on risk management decision
processes;
(2) improved and efficient high threat, high risk training
is consistent with the Benghazi Accountability Review Board
(ARB) recommendation number 17;
(3) improved and efficient security training should take
advantage of training synergies that already exist, like
training with, or in close proximity to, Fleet Antiterrorism
Security Teams (FAST), special operations forces, or other
appropriate military and security assets; and
(4) the Secretary of State should undertake temporary
measures, including leveraging the availability of existing
government and private sector training facilities, to the
extent appropriate to meet the critical security training
requirements of the Department of State.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of State $100,000,000 for improved high
threat, high risk security training, including--
(1) expanding existing government training facilities; and
(2) utilizing other government or private sector facilities
to meet critical security training requirements.
(c) Additional Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$350,000,000 for the acquisition, construction, and operation
of a new Foreign Affairs Security Training Center, subject to
the certification requirement in paragraph (2).
(2) Required certification.--Not later than 15 days prior
to the obligation or expenditure of any funds authorized to be
appropriated pursuant to paragraph (1), the President shall
certify to the appropriate congressional committees that the
acquisition, construction, and operation of a new Foreign
Affairs Security Training Center is necessary to meet high
threat security training requirements.
(3) Effect of certification.--If the certification in
paragraph (2) is made--
(A) up to $100,000,000 of the funds authorized to
be appropriated under subsection (b) shall also be
authorized for the purposes set forth in paragraph (1);
or
(B) up to $100,000,000 of funds available for the
acquisition, construction, or operation of Department
of State facilities may be transferred and used for the
purposes set forth in paragraph (1).
(d) Use of Funds Appropriated Under the American Reinvestment and
Recovery Act of 2009.--Of the funds appropriated to the Department of
State under title XI of the American Reinvestment and Recovery Act of
2009 (Public Law 111-5), $54,545,177 is to remain available until
September 30, 2016, for activities consistent with subsections (b) and
(c).
SEC. 105. TRANSFER AUTHORITY.
Section 4 of the Foreign Service Buildings Act of 1926 (22 U.S.C.
295) is amended by adding at the end the following new subsections:
``(j)(1) In addition to exercising any other transfer authority
available to the Secretary of State, and subject to subsection (k), the
Secretary may transfer to, and merge with, any appropriation for
embassy security, construction, and maintenance such amounts
appropriated for any other purpose related to diplomatic and consular
programs on or after October 1, 2013, as the Secretary determines are
necessary to provide for the security of sites and buildings in foreign
countries under the jurisdiction and control of the Secretary.
``(2) Any funds transferred under the authority provided in
paragraph (1) shall be merged with funds in the heading to which
transferred, and shall be available subject to the same terms and
conditions as the funds with which merged.
``(k) Not later than 15 days before any transfer of funds under
subsection (j), the Secretary shall notify the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on
Foreign Affairs and Appropriations of the House of Representatives.''.
TITLE II--CONTRACTING AND OTHER MATTERS
SEC. 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 1 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.
SEC. 202. 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'' and inserting the
following: ``recommendations.--
``(1) In general.--Whenever''; and
(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).''.
SEC. 203. MANAGEMENT AND STAFF ACCOUNTABILITY.
(a) Authority of Secretary of State.--Nothing in this Act or any
other provision of law shall be construed to prevent the Secretary of
State from using all authorities invested in the office of Secretary to
take personnel action against any employee or official of the
Department of State that the Secretary determines has breached the duty
of that individual or has engaged in misconduct or unsatisfactorily
performed the duties of employment of that individual, and such
misconduct or unsatisfactory performance has significantly contributed
to the serious injury, loss of life, or significant destruction of
property, or a serious breach of security, even if such action is the
subject of an Accountability Review Board's examination under section
304(a) of the Diplomatic Security Act (22 U.S.C. 4834(a)).
(b) Accountability.--Section 304 of the Diplomatic Security Act (22
U.S.C. 4834) is amended--
(1) in subsection (c), by inserting after ``breached the
duty of that individual'' the following: ``or has engaged in
misconduct or unsatisfactorily performed the duties of
employment of that individual, and such misconduct or
unsatisfactory performance has significantly contributed to the
serious injury, loss of life, or significant destruction of
property, or the serious breach of security that is the subject
of the Board's examination as described in subsection (a),'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Management Accountability.--Whenever a Board determines that
an individual has engaged in any conduct addressed in subsection (c),
the Board shall evaluate the level and effectiveness of management and
oversight conducted by employees or officials in the management chain
of such individual.''.
SEC. 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''.
SEC. 205. 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, if'' and inserting
``to facilitate the assignment of persons to high threat, high
risk posts or to posts vacated by members of the Service
assigned to high threat, high risk posts, if'';
(2) by amending paragraph (2) to read as follows:
``(2) 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 on the incurred costs over the prior
fiscal year of the total compensation and benefit payments to
annuitants reemployed by the Department pursuant to this section.'';
and
(3) by adding after paragraph (3) the following paragraphs:
``(4) In the event that an annuitant qualified for compensation or
payments pursuant to this subsection subsequently transfers to a
position for which the annuitant would not qualify for a waiver under
this subsection, the Secretary may no longer waive the application of
subsections (a) through (d) with respect to such annuitant.
``(5) The authority of the Secretary to waive the application of
subsections (a) through (d) for an annuitant pursuant to this
subsection shall terminate on October 1, 2019.''.
TITLE III--EXPANSION OF THE MARINE CORPS SECURITY GUARD DETACHMENT
PROGRAM
SEC. 301. MARINE CORPS SECURITY GUARD PROGRAM.
(a) In General.--Pursuant to the responsibility of the Secretary of
State for diplomatic security under section 103 of the Diplomatic
Security Act (22 U.S.C. 4802), the Secretary of State, in consultation
with the Secretary of Defense, shall--
(1) develop and implement a plan to incorporate the
additional Marine Corps Security Guard personnel authorized
pursuant to section 404 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 5983
note) at United States embassies, consulates, and other
facilities; and
(2) conduct an annual review of the Marine Corps Security
Guard Program, including--
(A) an evaluation of whether the size and
composition of the Marine Corps Security Guard Program
is adequate to meet global diplomatic security
requirements;
(B) an assessment of whether Marine Corps security
guards are appropriately deployed among facilities to
respond to evolving security developments and potential
threats to United States interests abroad; and
(C) an assessment of the mission objectives of the
Marine Corps Security Guard Program and the procedural
rules of engagement to protect diplomatic personnel
under the Program.
(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for three years,
the Secretary of State, in consultation with the Secretary of Defense,
shall submit to the appropriate congressional committees an
unclassified report, with a classified annex as necessary, that
addresses the requirements set forth in subsection (a)(2).
TITLE IV--REPORTING ON THE IMPLEMENTATION OF THE ACCOUNTABILITY REVIEW
BOARD RECOMMENDATIONS
SEC. 401. DEPARTMENT OF STATE IMPLEMENTATION OF THE RECOMMENDATIONS
PROVIDED BY THE ACCOUNTABILITY REVIEW BOARD CONVENED
AFTER THE SEPTEMBER 11-12, 2012, ATTACKS ON UNITED STATES
GOVERNMENT PERSONNEL IN BENGHAZI, LIBYA.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees an unclassified report, with a
classified annex, on the implementation by the Department of State of
the recommendations of the Accountability Review Board convened
pursuant to title III of the Omnibus Diplomatic and Antiterrorism Act
of 1986 (22 U.S.C. 4831 et seq.) to examine the facts and circumstances
surrounding the September 11-12, 2012, killings of four United States
Government personnel in Benghazi, Libya.
(b) Content.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of the overall state of the Department of
State's diplomatic security to respond to the evolving global
threat environment, and the broader steps the Department of
State is taking to improve the security of United States
diplomatic personnel in the aftermath of the Accountability
Review Board Report.
(2) A description of the specific steps taken by the
Department of State to address each of the 29 recommendations
contained in the Accountability Review Board Report,
including--
(A) an assessment of whether implementation of each
recommendation is ``complete'' or is still ``in
progress''; and
(B) if the Secretary of State determines not to
fully implement any of the 29 recommendations in the
Accountability Review Board Report, a thorough
explanation as to why such a decision was made.
(3) An enumeration and assessment of any significant
challenges that have slowed or interfered with the Department
of State's implementation of the Accountability Review Board
recommendations, including--
(A) a lack of funding or resources made available
to the Department of State;
(B) restrictions imposed by current law that in the
Secretary of State's judgment should be amended; and
(C) difficulties caused by a lack of coordination
between the Department of State and other United States
Government agencies.
SEC. 402. DESIGNATION AND REPORTING FOR HIGH THREAT, HIGH RISK
FACILITIES.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a classified
report, with an unclassified summary, evaluating Department of State
facilities that the Secretary of State determines to be ``high threat,
high risk'' in accordance with subsection (c).
(b) Content.--For each facility determined to be ``high threat,
high risk'' pursuant to subsection (a), the report submitted under such
subsection shall also include--
(1) a narrative assessment describing the security threats
and risks facing posts overseas and the overall threat level to
United States personnel under chief of mission authority;
(2) the number of diplomatic security personnel, Marine
Corps security guards, and other Department of State personnel
dedicated to providing security for United States personnel,
information, and facilities;
(3) an assessment of host nation willingness and capability
to provide protection in the event of a security threat or
incident, pursuant to the obligations of the United States
under the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, and the 1961 Vienna Convention on
Diplomatic Relations, done at Vienna April 18, 1961;
(4) an assessment of the quality and experience level of
the team of United States senior security personnel assigned to
the facility, considering collectively the assignment durations
and lengths of government experience;
(5) the number of Foreign Service Officers who have
received Foreign Affairs Counter Threat training;
(6) a summary of the requests made during the previous
calendar year for additional resources, equipment, or personnel
related to the security of the facility and the status of such
requests;
(7) an assessment of the ability of United States personnel
to respond to and survive a fire attack, including--
(A) whether the facility has adequate fire safety
and security equipment for safehavens and safe areas;
and
(B) whether the employees working at the facility
have been adequately trained on the equipment
available;
(8) for each new facility that is opened, a detailed
description of the steps taken to provide security for the new
facility, including whether a dedicated support cell was
established in the Department of State to ensure proper and
timely resourcing of security; and
(9) a listing of any ``high-threat, high-risk'' facilities
where the Department of State and other government agencies'
facilities are not collocated including--
(A) a rationale for the lack of collocation; and
(B) a description of what steps, if any, are being
taken to mitigate potential security vulnerabilities
associated with the lack of collocation.
(c) Determination of High Threat, High Risk Facility.--In
determining what facilities constitute ``high threat, high risk
facilities'' under this section, the Secretary shall take into account
with respect to each facility whether there are--
(1) high to critical levels of political violence or
terrorism;
(2) national or local governments with inadequate capacity
or political will to provide appropriate protection; and
(3) in locations where there are high to critical levels of
political violence or terrorism or national or local
governments lack the capacity or political will to provide
appropriate protection--
(A) mission physical security platforms that fall
well below the Department of State's established
standards; or
(B) security personnel levels that are insufficient
for the circumstances.
(d) Inspector General Review and Report.--The Inspector General for
the Department of State and the Broadcasting Board of Governors shall,
on an annual basis--
(1) review the determinations of the Department of State
with respect to high threat, high risk facilities, including
the basis for making such determinations;
(2) review contingency planning for high threat, high risk
facilities and evaluate the measures in place to respond to
attacks on such facilities;
(3) review the risk mitigation measures in place at high
threat, high risk facilities to determine how the Department of
State evaluates risk and whether the measures put in place
sufficiently address the relevant risks;
(4) review early warning systems in place at high threat,
high risk facilities and evaluate the measures being taken to
preempt and disrupt threats to such facilities; and
(5) provide to the appropriate congressional committees an
assessment of the determinations of the Department of State
with respect to high threat, high risk facilities, including
recommendations for additions or changes to the list of such
facilities, and a report regarding the reviews and evaluations
undertaken pursuant to paragraphs (1) through (4) and this
paragraph.
TITLE V--ACCOUNTABILITY REVIEW BOARDS
SEC. 501. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Accountability Review Board mechanism as outlined
in section 302 of the Omnibus Diplomatic Security and
Antiterrorism Act (22 U.S.C. 4832) is an effective tool to
collect information about and evaluate adverse incidents that
occur in a world that is increasingly complex and dangerous for
United States diplomatic personnel; and
(2) the Accountability Review Board should provide
information and analysis that will assist the Secretary, the
President, and Congress in determining what contributed to an
adverse incident as well as what new measures are necessary in
order to prevent the recurrence of such incidents.
SEC. 502. PROVISION OF COPIES OF ACCOUNTABILITY REVIEW BOARD REPORTS TO
CONGRESS.
Not later than 2 days after an Accountability Review Board provides
its report to the Secretary of State in accordance with title III of
the Omnibus Diplomatic and Antiterrorism Act of 1986 (22 U.S.C. 4831 et
seq.), the Secretary shall provide copies of the report to the
appropriate congressional committees for retention and review by those
committees.
SEC. 503. CHANGES TO EXISTING LAW.
(a) Membership.--Section 302(a) of the Omnibus Diplomatic Security
and Antiterrorism Act (22 U.S.C. 4832(a)) is amended by inserting ``one
of which shall be the Inspector General of the Department of State and
the Broadcasting Board of Governors,'' after ``4 appointed by the
Secretary of State,''.
(b) Staff.--Section 302(b)(2) of the Omnibus Diplomatic Security
and Antiterrorism Act (22 U.S.C. 4832(b)(2)) is amended by adding at
the end the following: ``Such persons shall be drawn from bureaus or
other agency sub-units that are not impacted by the incident that is
the subject of the Board's review.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with amendments favorably.
Committee on Foreign Relations. Reported by Senator Menendez with amendments. Without written report.
Committee on Foreign Relations. Reported by Senator Menendez with amendments. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 257.
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