Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security and Personnel Protection Act of 2013 - Authorizes FY2014 appropriations to restore the capital security cost sharing program to its full capacity. Expresses the sense of Congress concerning priorities of the program and funding through interagency agreements.
Authorizes appropriations for: (1) foreign language training, especially in critical need languages including Arabic, for Department of State employees, including the Bureau of Diplomatic Security; and (2) a Foreign Affairs Security Training Center (FASTC). Expresses the sense of Congress concerning the value of a FASTC and its use of existing training synergies.
Authorizes the Secretary of State 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.
Revises provisions regarding: (1) local guard contracts abroad, and (2) computation of the death gratuity payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad.
Authorizes the Department to use a noncompetitive procurement procedure to meet emergency security requirements.
Provides 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.
Authorizes the Secretary to provide physical security enhancements at overseas educational facilities established for the children of U.S. government employees.
Makes permanent the Secretary's authority to waive the annuity termination of a temporarily reemployed annuitant in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee.
Provides special immigrant status for the surviving spouse or child of a U.S. government employee killed abroad in the line of duty, provided that the employee had performed faithful service for at least 15 years and the appropriate recommendations have been made.
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.
Directs the Secretary to: (1) report to Congress regarding the facts and circumstances surrounding the September 11-12, 2012, killings of four U.S. government personnel in Benghazi, Libya; and (2) report to Congress annually regarding overseas posts determined to be "high risk, high threat."
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 980
To provide for enhanced embassy security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2013
Mr. Menendez (for himself, Mr. Reid, Mr. Cardin, Mr. Kaine, Mrs. Boxer,
Mr. Murphy, and Mrs. Feinstein) 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 CONTENTS.
(a) Short Title.--This Act may be cited as the ``Chris Stevens,
Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security 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 contents.
TITLE I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY
Sec. 101. Capital Security Cost Sharing Program.
Sec. 102. Language training.
Sec. 103. Foreign Affairs Security Training Center.
Sec. 104. Transfer authority.
TITLE II--CONTRACTING AND OTHER MATTERS
Sec. 201. Local guard contracts abroad under diplomatic security
program.
Sec. 202. Exemptions from certain protest procedures for non-compete
contracting in exigent circumstances.
Sec. 203. Disciplinary action resulting from unsatisfactory leadership
in relation to a security incident.
Sec. 204. Security enhancements for soft targets.
Sec. 205. Death gratuity.
Sec. 206. Reemployment of annuitants.
Sec. 207. Special immigrant visas for families of foreign national
employees of United States Government
missions abroad.
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-risk, high-threat posts.
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 purpose of
restoring to its full capacity the Capital Security Cost Sharing
Program, authorized by section 604(e) of Secure Embassy Construction
and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427,
as enacted into law by section 1007(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-risk, high-threat
areas; and
(2) all United States Government agencies should pay into
the Capital Security Cost Sharing Program a percentage of total
costs determined by interagency agreements, in order to restore
the Capital Security Cost Sharing Program to its full capacity
of $2,200,000,000.
(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 1007(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.''.
SEC. 102. LANGUAGE TRAINING.
Such sums as may be necessary are authorized to be appropriated for
the acquisition, operation, and maintenance of instructional programs
to upgrade foreign language capacity, especially in critical need
languages including Arabic, among United States employees within the
Department of State, including the Bureau of Diplomatic Security.
SEC. 103. FOREIGN AFFAIRS SECURITY TRAINING CENTER.
(a) In General.--Such sums as may be necessary are authorized to be
appropriated for the acquisition, construction, and operation of a
Foreign Affairs Security Training Center.
(b) Sense of Congress on the Foreign Affairs Security Training
Center.--It is the sense of Congress that--
(1) Department of State employees and their families
deserve improved and consolidated programs and facilities for
high-threat training and risk management decision processes;
(2) improved and consolidated high-threat training at a
Foreign Affairs Security Training Center (FASTC) at Fort
Pickett, Virginia, is consistent with the Benghazi
Accountability Review Board recommendation number 17; and
(3) a FASTC 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.
SEC. 104. 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 the administration of
foreign affairs 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)(A) Any funds transferred under the authority provided in
paragraph (1) shall be merged with funds in the heading to which
transferred, and shall, except as provided in subparagraph (B), be
available subject to the same terms and conditions as the funds with
which merged.
``(B) Any funds transferred under paragraph (1) shall be available
for the same period for which such funds were originally appropriated.
``(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 one 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. EXEMPTIONS FROM CERTAIN PROTEST PROCEDURES FOR NON-COMPETE
CONTRACTING IN EXIGENT CIRCUMSTANCES.
A determination by the Department of State to use a procurement
competition exemption under section 3304 of title 41, United States
Code, in order to meet emergency security requirements shall not be
subject to challenge by protest under either sections 3551 through 3557
of title 31, United States Code, or section 1491 of title 28, United
States Code.
SEC. 203. 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.--Whenever'' 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. 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. DEATH GRATUITY.
Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C.
3973(a)), is amended in the first sentence by striking ``at the time of
death'' and inserting ``at level II of the Executive Schedule under
section 5313 of title 5, United States Code, at the time of death,
except that for employees compensated under local compensation plans
established under section 408 the amount shall be equal to the greater
of either one year's salary at the time of death, or one year's basic
salary at the highest step of the highest grade on the Local
Compensation Plan from which the employee was being paid at the time of
death''.
SEC. 206. 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,'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 207. SPECIAL IMMIGRANT VISAS FOR FAMILIES OF FOREIGN NATIONAL
EMPLOYEES OF UNITED STATES GOVERNMENT MISSIONS ABROAD.
Section 101(a)(27)(D) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(D)) is amended by inserting before ``: Provided''
the following: ``, except that the spouse and children may also qualify
if such employee is killed in the line of duty and had performed
faithful service for a minimum of 15 years, and the relevant
recommendation referenced in the following proviso is made with respect
to each such individual''.
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
diplomatic 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 the Marine Corps
security guards are appropriately deployed among
diplomatic posts 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 provide to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives 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
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives 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) 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-RISK, HIGH-THREAT POSTS.
(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 Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives a
classified report, with an unclassified summary, evaluating Department
of State overseas posts that the Secretary of State determines to be
``high risk, high threat'' in accordance with subsection (c).
(b) Content.--For each post determined to be ``high risk, high
threat'' pursuant to subsection (a), the report submitted under such
subsection shall also include--
(1) an assessment of 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 enumeration of the assignment duration and length of
government experience for each of the United States senior
security personnel assigned;
(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 post and the status of such
requests;
(7) an evaluation of the quality of surveillance cameras;
(8) an assessment of the ability of United States personnel
to respond to and survive a fire attack, including:
(A) whether the post has adequate fire safety and
security equipment for safehavens and safe areas; and
(B) whether United States Government employees and
their dependents have been adequately trained on the
equipment available;
(9) for each new post that is opened, a detailed
description of the steps taken to provide security for the new
post, including whether a dedicated support cell was
established in the Department of State to ensure proper and
timely resourcing of security; and
(10) a listing of any ``high-risk, high-threat'' posts
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-Risk, High-Threat Post.--In determining
``high-risk, high-threat posts'' under this section, the Secretary
shall take into account with respect to each country those posts
featuring--
(1) high to critical levels of political violence or
terrorism;
(2) governments with inadequate capacity or political will
to provide appropriate protection; and
(3) mission physical security platforms that fall well
below the Department of State's established standards.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3579-3580)
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Hearings held. Hearings printed: S.Hrg. 113-200.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line