[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.
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