[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2723 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2723

   To enhance security for facilities and personnel at United States 
     diplomatic and consular posts abroad, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2013

 Mr. Engel (for himself, Mr. Faleomavaega, Mr. Sherman, Mr. Meeks, Mr. 
 Sires, Mr. Connolly, Mr. Deutch, Mr. Higgins, Ms. Bass, Mr. Keating, 
Mr. Cicilline, Mr. Grayson, Mr. Vargas, Mr. Schneider, Mr. Kennedy, Mr. 
 Bera of California, Mr. Lowenthal, Ms. Meng, Ms. Frankel of Florida, 
 Ms. Gabbard, and Mr. Castro of Texas) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committee on Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To enhance security for facilities and personnel at United States 
     diplomatic and consular posts abroad, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Embassy Security 
and Enhancement Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
               TITLE I--REVIEW AND PLANNING REQUIREMENTS

Sec. 101. Designation of high risk, high threat posts and working 
                            groups.
Sec. 102. Contingency plans for high risk, high threat posts.
Sec. 103. Sense of Congress regarding strategic review of Bureau of 
                            Diplomatic Security.
         TITLE II--PHYSICAL SECURITY AND PERSONNEL REQUIREMENTS

Sec. 201. Capital Security Cost Sharing Program.
Sec. 202. Local guard contracts abroad under diplomatic security 
                            program.
Sec. 203. Transfer authority.
Sec. 204. Physical security of certain soft targets.
Sec. 205. Reemployment of annuitants.
Sec. 206. Exemptions from certain protest procedures for non-compete 
                            contracting in exigent circumstances.
Sec. 207. Sense of Congress on minimum security standards for temporary 
                            United States diplomatic and consular 
                            posts.
Sec. 208. Sense of Congress on assignment of personnel at high risk, 
                            high threat posts.
                      TITLE III--SECURITY TRAINING

Sec. 301. Security training for personnel assigned to high risk, high 
                            threat posts.
Sec. 302. Report to Congress.
                        TITLE IV--DEATH GRATUITY

Sec. 401. Death gratuity.
Sec. 402. Increased group life insurance and survivors' educational 
                            benefits applicable to those killed in 
                            terrorist attacks.
Sec. 403. Retroactive payment.
Sec. 404. Authorization of appropriations.
Sec. 405. Conforming amendment.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On September 11 and 12, 2012, terrorists attacked the 
        United States Special Mission compound and Annex in Benghazi, 
        Libya.
            (2) The attacks resulted in the deaths of Ambassador John 
        Christopher Stevens, Sean Smith, Tyrone Woods, and Glen 
        Doherty, in addition to severely wounding other United States 
        personnel and Libyan guards.
            (3) The United States personnel in Benghazi performed 
        bravely in protecting their colleagues despite the scale and 
        intensity of the attacks.
            (4) An Accountability Review Board chaired ably by 
        Ambassador Thomas R. Pickering and vice-chaired by Admiral 
        Michael Mullen, former Chairman of the Joint Chiefs of Staff, 
        was subsequently convened to examine security failures leading 
        to the attacks.
            (5) The Board found, in particular, the following:
                    (A) Systemic failures in leadership and management 
                at the Department of State led to inadequate security 
                and unclear lines of responsibility for security 
                considerations in Benghazi.
                    (B) Physical security at the site was inadequate 
                and local Libyan responders failed to adequately 
                respond to the sudden penetration of the mission.
                    (C) There were no immediate, specific tactical 
                warnings of an attack although officials were aware of 
                intelligence gaps on militia activity in Libya and the 
                threat such activity posed to United States interests.
            (6) The Board made 29 recommendations for the Department of 
        State, including--
                    (A) enhancing security in high risk, high threat 
                posts and reviewing the balance between the risk and 
                benefits of a particular post;
                    (B) reexamining organization and management with a 
                focus on security planning in the Bureau of Diplomatic 
                Security;
                    (C) establishing minimum security standards for 
                temporary facilities, such as Benghazi, in high risk, 
                high threat environments; and
                    (D) improving training for personnel serving in 
                high risk, high threat posts.
            (7) Former Secretary of State Hillary Clinton accepted all 
        of the Board's recommendations and directed that they be 
        implemented.
            (8) United States public servants work in dangerous places 
        around the world to advance United States interests and values, 
        and it is not possible to conduct robust diplomatic and 
        development efforts without inherent risk.
            (9) The dedicated men and women of the foreign and civil 
        service are worthy of a serious and sustained commitment to 
        enhancing security and better protecting them when they serve 
        in hostile environments.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) High risk, high threat post.--The term ``high risk, 
        high threat post'' means a United States diplomatic or consular 
        post, as determined by the Secretary of State, that, among 
        other factors, is--
                    (A) located in a country--
                            (i) with high to critical levels of 
                        political violence and terrorism; and
                            (ii) the government of which lacks the 
                        capacity or willingness to provide adequate 
                        security; and
                    (B) with mission physical security platforms that 
                fall below the Department of State's established 
                standards.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

               TITLE I--REVIEW AND PLANNING REQUIREMENTS

SEC. 101. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS AND WORKING 
              GROUPS.

    (a) In General.--Title I of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating to 
diplomatic security) is amended by inserting after section 103 the 
following new sections:

``SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.

    ``(a) Initial Designation.--Not later than 30 days after the date 
of the enactment of this section, the Secretary shall submit to the 
appropriate congressional committees a report, in classified form, that 
contains an initial list of diplomatic and consular posts designated as 
high risk, high threat posts.
    ``(b) Designations Before Opening or Reopening Posts.--Before 
opening or reopening a diplomatic or consular post, the Secretary shall 
determine if such post should be designated as a high risk, high threat 
post.
    ``(c) Designating Existing Posts.--The Secretary shall regularly 
review existing diplomatic and consular posts to determine if any such 
post should be designated as a high risk, high threat post if 
conditions at such post or the surrounding security environment require 
such a designation.
    ``(d) Definitions.--In this section and section 105:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            ``(2) High risk, high threat post.--The term `high risk, 
        high threat post' means a United States diplomatic or consular 
        post, as determined by the Secretary, that, among other 
        factors, is--
                    ``(A) located in a country--
                            ``(i) with high to critical levels of 
                        political violence and terrorism; and
                            ``(ii) the government of which lacks the 
                        ability or willingness to provide adequate 
                        security; and
                    ``(B) with mission physical security platforms that 
                fall below the Department of State's established 
                standards.

``SEC. 105. WORKING GROUPS FOR HIGH RISK, HIGH THREAT POSTS.

    ``(a) Establishment.--Before opening or reopening a high risk, high 
threat post, the Secretary shall establish a working group that is 
responsible for the geographic area in which such post is to be opened 
or reopened.
    ``(b) Duties.--The duties of the working group established in 
accordance with subsection (a) shall include--
            ``(1) evaluating the importance of the objectives of the 
        proposed post to the national security of the United States, 
        and the type and level of security threats such post could 
        encounter;
            ``(2) completing working plans to expedite the approval and 
        funding for establishing and operating such post, implementing 
        physical security measures, providing necessary security and 
        management personnel, and the provision of necessary equipment; 
        and
            ``(3) establishing security benchmarks that would determine 
        specific action, including enhanced security measures or 
        evacuation of such post, based on the improvement or 
        deterioration of the local security environment.
    ``(c) Composition.--The working group may be composed of 
representatives of the--
            ``(1) appropriate regional bureau;
            ``(2) Bureau of Diplomatic Security;
            ``(3) Bureau of Overseas Building Operations;
            ``(4) Bureau of Intelligence and Research; and
            ``(5) other bureaus or offices as determined by the 
        Secretary.
    ``(d) Congressional Notification.--Not less than 15 days before 
opening or reopening a high risk, high threat post, the Secretary shall 
notify the appropriate congressional committees in classified form of--
            ``(1) the decision to open or reopen such post; and
            ``(2) the results of the working group under subsection 
        (b).''.
    (b) Conforming Amendment.--The table of contents of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 is amended by 
inserting after the item relating to section 103 the following new 
items:

``Sec. 104. Designation of high risk, high threat posts.
``Sec. 105. Working groups for high risk, high threat posts.''.

SEC. 102. CONTINGENCY PLANS FOR HIGH RISK, HIGH THREAT POSTS.

    Section 606(a) of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (22 U.S.C. 4865(a); relating to diplomatic 
security) is amended--
            (1) in paragraph (1)(A)--
                    (A) by inserting ``and from complex attacks'' after 
                ``attacks from vehicles''; and
                    (B) by inserting ``or such a complex attack'' 
                before the period at the end;
            (2) in paragraph (7), by inserting before the period at the 
        end the following: ``, including at high risk, high threat 
        posts (as such term is defined in section 104 of the Omnibus 
        Diplomatic Security and Antiterrorism Act of 1986), including 
        options for the deployment of additional military personnel or 
        equipment to bolster security and rapid deployment of armed or 
        surveillance assets in response to an attack''.

SEC. 103. SENSE OF CONGRESS REGARDING STRATEGIC REVIEW OF BUREAU OF 
              DIPLOMATIC SECURITY.

    (a) In General.--It is the sense of Congress that the Secretary of 
State should complete a strategic review of the Bureau of Diplomatic 
Security of the Department of State to ensure that the mission and 
activities of the Bureau are fulfilling the current and projected needs 
of the Department of State.
    (b) Contents of Review.--The strategic review described in 
subsection (a) should include assessments of--
            (1) staffing needs for both domestic and international 
        operations;
            (2) facilities under chief of mission authority adhering to 
        security standards;
            (3) security personnel with the necessary language skills 
        for assignment to overseas posts;
            (4) programs being carried out by personnel with the 
        necessary experience and at commensurate grade levels;
            (5) necessary security training provided to personnel under 
        chief of mission authority for expected assignments and 
        objectives;
            (6) balancing security needs with an ability to carry out 
        the diplomatic mission of the Department of State; and
            (7) the budgetary implications of balancing multiple 
        missions.

         TITLE II--PHYSICAL SECURITY AND PERSONNEL REQUIREMENTS

SEC. 201. 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 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 the Capital Security Cost 
Sharing Program should prioritize the construction of new facilities 
and the maintenance of existing facilities at high risk, high threat 
posts.
    (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 new sentence: ``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 department or agency 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. 202. 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 appropriate 
congressional committees 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. 203. TRANSFER AUTHORITY.

    Section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 
295) is amended by adding at the end the following new subsections:
    ``(j) 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 necessary to provide for the security of sites and buildings 
in foreign countries under the jurisdiction and control of the 
Secretary.
    ``(k) Not later than 15 days before any transfer of funds pursuant 
to subsection (j), the Secretary of State 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 of such transfer.''.

SEC. 204. PHYSICAL SECURITY OF CERTAIN 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 ``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)--
                    (A) in subparagraph (B), by striking ``to 
                facilitate the'' and all that follows through 
                ``Afghanistan,''; and
                    (B) by aligning the margins of subparagraph (C) 
                with the margins of subparagraph (B);
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

SEC. 206. 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. 207. SENSE OF CONGRESS ON MINIMUM SECURITY STANDARDS FOR TEMPORARY 
              UNITED STATES DIPLOMATIC AND CONSULAR POSTS.

    It is the sense of Congress that--
            (1) the Overseas Security Policy Board's security standards 
        for facilities should apply to all facilities regardless of the 
        duration of their occupancy; and
            (2) such facilities should comply with requirements for 
        attaining a waiver or exception to applicable standards if it 
        is in the national interest of the United States.

SEC. 208. SENSE OF CONGRESS ON ASSIGNMENT OF PERSONNEL AT HIGH RISK, 
              HIGH THREAT POSTS.

    It is the sense of Congress that the Secretary of State should 
station key personnel for sustained periods of time at high risk, high 
threat posts in order to--
            (1) establish institutional knowledge and situational 
        awareness that would allow for a fuller familiarization of the 
        local political and security environment; and
            (2) ensure that necessary security steps are implemented.

                      TITLE III--SECURITY TRAINING

SEC. 301. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO HIGH RISK, HIGH 
              THREAT POSTS.

    (a) In General.--Title IV of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.; relating to 
diplomatic security) is amended by adding at the end the following new 
sections:

``SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A HIGH RISK, 
              HIGH THREAT POST.

    ``(a) In General.--Individuals assigned permanently to or who are 
in long-term temporary duty status as designated by the Secretary at a 
high risk, high threat post shall receive security training described 
in subsection (b) on a mandatory basis in order to prepare such 
individuals for living and working at such posts.
    ``(b) Security Training Described.--Security training referred to 
in subsection (a)--
            ``(1) is training to improve basic knowledge and skills; 
        and
            ``(2) may include--
                    ``(A) an ability to recognize, avoid, and respond 
                to potential terrorist situations, including a complex 
                attack;
                    ``(B) conducting surveillance detection;
                    ``(C) providing emergency medical care;
                    ``(D) awareness of improvised explosive devices;
                    ``(E) firearms familiarization; and
                    ``(F) defensive driving maneuvers.
    ``(c) Effective Date.--The requirements of this section shall take 
effect beginning on the date that is one year after the date of the 
enactment of this section.
    ``(d) Definition.--In this section and sections 417 and 418, the 
term `high risk, high threat post' has the meaning given such term in 
section 104.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

``SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS ASSIGNED TO A 
              HIGH RISK, HIGH THREAT POST.

    ``(a) In General.--Officials described in subsection (c) who are 
assigned to a high risk, high threat post shall receive security 
training described in subsection (b) on a mandatory basis in order to 
improve the ability of such officials to make security-related 
management decisions.
    ``(b) Security Training Described.--Security training referred to 
in subsection (a) may include--
            ``(1) development of skills to better evaluate threats;
            ``(2) effective use of security resources to mitigate such 
        threats; and
            ``(3) improved familiarity of available security resources.
    ``(c) Officials Described.--Officials referred to in subsection (a) 
are--
            ``(1) members of the Senior Foreign Service appointed under 
        section 302(a)(1) or 303 of the Foreign Service Act of 1980 (22 
        U.S.C. 3942(a)(1) and 3943) or members of the Senior Executive 
        Service (as such term is described in section 3132(a)(2) of 
        title 5, United States Code);
            ``(2) Foreign Service officers appointed under section 
        302(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
        3942(a)(1)) holding a position in classes FS-1, FS-2, or FS-3; 
        and
            ``(3) individuals holding a position in grades GS-13, GS-
        14, or GS-15.
    ``(d) Effective Date.--The requirements of this section shall take 
effect beginning on the date that is 1 year after the date of the 
enactment of this section.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary.

``SEC. 418. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY PERSONNEL 
              ASSIGNED TO HIGH RISK, HIGH THREAT POST.

    ``(a) In General.--Diplomatic security personnel assigned 
permanently to or who are in long-term temporary duty status as 
designated by the Secretary at a high risk, high threat 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 
to--
            ``(1) speak the language at issue with sufficient 
        structural accuracy and vocabulary to participate effectively 
        in most formal and informal conversations; and
            ``(2) read within a normal range of speed and with almost 
        complete comprehension.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be 
necessary.''.
    (b) Conforming Amendment.--The table of contents of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 is amended by 
inserting after the item relating to section 415 the following new 
items:

``Sec. 416. Security training for personnel assigned to a high risk, 
                            high threat post.
``Sec. 417. Security management training for officials assigned to a 
                            high risk, high threat post.
``Sec. 418. Language requirements for diplomatic security personnel 
                            assigned to high risk, high threat post.''.

SEC. 302. REPORT TO CONGRESS.

    Not later than 18 months after the date of the enactment of this 
Act, the Secretary shall submit to the appropriate congressional 
committees a report on the implementation of this title.

                        TITLE IV--DEATH GRATUITY

SEC. 401. DEATH GRATUITY.

    Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is 
amended--
            (1) in subsection (a), 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, as in effect 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'';
            (2) in subsection (b), by adding at the end the following: 
        ``The Secretary may waive the requirement that the survivor be 
        entitled to elect monthly compensation under section 8133 of 
        title 5, United States Code, if the survivor would otherwise be 
        entitled to payment under this section and the Secretary 
        determines such waiver is appropriate under the 
        circumstances.'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Order of Payment.--A death gratuity payment under this 
section shall be made as follows:
            ``(1) First, to the widow or widower.
            ``(2) Second, to the familial designee, if there is no 
        widow or widower.
            ``(3) Third, to the child, or children in equal shares, if 
        there is no widow, widower, or familial designee.
            ``(4) Fourth, to the parent, or parents in equal shares, if 
        there is no widow, widower, familial designee, or child.
If there is no survivor entitled to payment under this subsection, no 
payment shall be made.'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2), by striking the period and 
                inserting ``; and''; and
                    (C) adding at the end the following:
            ``(3) the term `familial designee' means the eligible 
        family member whom the decedent has designated as the recipient 
        of this benefit under regulations of the Department of State'';
            (5) by redesignating subsections (b), (c), and (d) as 
        subsections (d), (e), and (f); and
            (6) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Payment to Survivors of Employees of Agencies.--The head of 
an executive agency shall, with the concurrence of the Secretary of 
State, make a death gratuity payment authorized by this section to the 
survivors, as set forth in subsection (e), of any employee of that 
agency who dies as a result of injuries sustained in the performance of 
duty abroad while subject to the authority of the chief of mission 
under section 207.
    ``(c) Payment to Survivors of Interns.--The Secretary may make a 
death gratuity payment of up to $500,000 to the survivors, as set forth 
in subsection (e), of an intern serving at a United States diplomatic 
or consular mission abroad without a regular salary who dies as a 
result of injuries sustained because of an act of terrorism occurring 
while on duty abroad, and who is not otherwise compensated under this 
section.''.

SEC. 402. INCREASED GROUP LIFE INSURANCE AND SURVIVORS' EDUCATIONAL 
              BENEFITS APPLICABLE TO THOSE KILLED IN TERRORIST ATTACKS.

    (a) In General.--Chapter 4 of the Foreign Service Act of 1980 (22 
U.S.C. 3961 et seq.) is amended by adding at the end the following new 
sections:

``SEC. 415. GROUP LIFE INSURANCE SUPPLEMENT FOR THOSE KILLED IN 
              TERRORIST ATTACKS.

    ``(a) Foreign Service Employees.--Notwithstanding the amounts 
specified in chapter 87 of title 5, United States Code, a Foreign 
Service employee who dies while on duty abroad as a result of injuries 
sustained because of an act of terrorism occurring while on duty abroad 
shall be eligible, at the Secretary's discretion, for an additional 
payment from the United States in an amount equal to the difference 
between that employee's employer-provided group life insurance policy 
coverage (if any) and $400,000, except that for employees compensated 
under local compensation plans established under section 408, the 
amount shall be determined by regulations implemented by the Secretary 
and shall be no greater than $400,000. This payment shall be made to 
the beneficiary designated under the employee's employer-provided group 
life insurance policy. If no beneficiary is named, the payment shall be 
made according to the order of precedence specified by the Office of 
Personnel Management under section 870.801 of title 5, Code of Federal 
Regulations (or successor regulation).
    ``(b) Employees of Other Agencies.--The head of an executive agency 
shall, with the concurrence of the Secretary of State, provide the 
additional payment authorized by this section, consistent with the 
provisions set forth in section (a), with respect to any employee of 
that agency who dies as a result of injuries sustained because of an 
act of terrorism occurring while on duty abroad and while subject to 
the authority of a chief of mission under section 207.
    ``(c) Terrorism Defined.--In this section and section 416, the term 
`terrorism' has the meaning given that term in section 140(d) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 
U.S.C. 2656f(d)).

``SEC. 416. EDUCATIONAL ASSISTANCE FOR SURVIVORS AND DEPENDENTS.

    ``(a) Survivors of Foreign Service Employees.--The Secretary shall 
provide educational assistance to a widow, widower, familial designee, 
or child(ren) of any United States national Foreign Service employee 
who dies while on duty abroad as a result of injuries sustained because 
of an act of terrorism occurring while on duty abroad, to meet, in 
whole or in part, the expenses incurred by that widow, widower, 
familial designee, or child(ren) in pursuing a program of education at 
an educational institution, including subsistence, tuition, fees, 
supplies, books, equipment, and other educational costs.
    ``(b) Survivors of Employees of Other Agencies.--The head of an 
executive agency shall, with the concurrence of the Secretary of State, 
provide educational assistance authorized by this section to a widow, 
widower, familial designee, or child(ren) of any employee of that 
agency who dies as a result of injuries sustained because of an act of 
terrorism occurring while on duty abroad and while subject to the 
authority of a chief of mission under section 207.
    ``(c) Limitation on Amount of Assistance.--Educational assistance 
under this section may be made available up to the amounts provided for 
in section 3532 of title 38, United States Code, as adjusted by section 
3564 of title 38, United States Code, and for an aggregate period of 
not more than 45 months.
    ``(d) Definitions.--For purposes of this section, the terms 
`program of education' and `educational institution' have the meanings 
given those terms in section 3501 of title 38, United States Code.''.
    (b) Clerical Amendment.--The table of contents in section 2 of the 
Foreign Service Act of 1980 is amended by inserting after the item 
relating to section 414 the following new items:

``Section 415. Group life insurance supplement for those killed in 
                            terrorist attacks.
``Section 416. Educational assistance for survivors and dependents.''.

SEC. 403. RETROACTIVE PAYMENT.

    At the discretion of the Secretary of State, and notwithstanding 
any other provision of law, sections 413, 415, and 416 of the Foreign 
Service Act of 1980 may apply in the case of a Foreign Service 
employee, executive branch employee subject to the authority of the 
chief of mission under section 207 of the Foreign Service Act of 1980, 
or intern serving at a United States diplomatic or consular mission 
abroad without a regular salary, who died on or after April 18, 1983, 
and before the date of the enactment of this Act, as a result of 
injuries sustained because of an act of terrorism, as defined in 
section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 
1988 and 1989 (22 U.S.C. 2656f(d)). Any retroactive payments made under 
this section shall be reduced by the amount of any death gratuity or 
employer-provided group life insurance payment previously provided by 
the United States to any widow, widower, familial designee, child(ren), 
or other beneficiary based on the same death.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    (a) Funding From Agency Accounts.--Any benefit or payment made 
available under this Act by an agency of the United States shall be 
paid from available funds of that agency.
    (b) Department of State Funds.--(1) Amounts made available to the 
Department of State pursuant to the sixth proviso under the heading 
``Department of State-Administration of Foreign Affairs-Diplomatic and 
Consular Programs'' in title I of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2008 (division J 
of Public Law 110-161) are authorized to be used by the Department of 
State to pay benefits or payments made available under this Act.
    (2) To pay benefits or payments made available under this Act, the 
Secretary of State may merge with the funds described in paragraph (1) 
unobligated balances of funds appropriated under the heading 
``Department of State-Administration of Foreign Affairs-Diplomatic and 
Consular Programs'' in an appropriations Act for fiscal year 2013 or 
for any fiscal year hereafter, until not later than the end of the 
fifth fiscal year after the fiscal year for which such funds were first 
appropriated or otherwise made available.

SEC. 405. CONFORMING AMENDMENT.

    The table of contents of the Foreign Service Act of 1980 is amended 
by inserting after the item relating to section 414 the following new 
items:

``Sec. 415. Group life insurance supplement for those killed in 
                            terrorist attacks.
``Sec. 416. Educational assistance for survivors and dependents.''.
                                 <all>