[Congressional Record (Bound Edition), Volume 159 (2013), Part 1]
[Senate]
[Pages 888-889]
[From the U.S. Government Publishing Office, www.gpo.gov]




              EMBASSY SECURITY FUNDS TRANSFER ACT OF 2013

  Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the 
Senate proceed to the consideration of S. 227, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 227) to authorize the transfer of certain funds 
     to improve security at United States embassies and other 
     diplomatic facilities worldwide, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.

                                 S. 227

  Mr. LEAHY. Today I am pleased the Senate will pass the bipartisan 
Embassy Security Funds Transfer Act of 2013. This commonsense 
legislation will enact a provision similar to one passed overwhelmingly 
by the Senate last December as part of the Sandy Supplemental but that 
was stripped out by House Republicans.
  This bill simply provides authority to the State Department to 
transfer up to $1.1 billion in overseas contingency operations funds 
appropriated in Fiscal Year 2012 for operations in Iraq, which are no 
longer needed due to reduced State operations there, to be used for 
increased security at U.S. embassies and other overseas posts 
identified in the Department's security review after the terrorist 
attack in Benghazi.
  Making such resources available for these purposes is one of the 
recommendations of the Accountability Review Board chaired by 
Ambassador Pickering and Admiral Mullen. The bill permits the transfer 
of funds between the diplomatic and consular programs and embassy 
security construction and maintenance accounts. Such transfers would 
otherwise be precluded due to percentage limitations.
  To be clear, this legislation appropriates no additional funds. It 
costs the taxpayers no additional money. It has no scoring impact. It 
merely allows for the transfer of existing, appropriated funds for this 
critical purpose. There is nothing controversial about this bill.
  We all want to do what we can to prevent another tragedy like what 
occurred in Benghazi. The State Department has done a review, and these 
funds will be used to expedite construction of Marine security guard 
posts at overseas facilities and for the construction of other secure 
embassies. While it is impossible to guarantee the safety of our 
diplomats and aid workers, many of whom risk their lives daily in 
dangerous places, we should protect them as best we can so they can 
carry out their duties as safely as possible.
  As I mentioned, the Senate approved a similar provision last 
December, overwhelmingly, by voice vote. I thank Chairwoman Mikulski, 
Senator Graham, and the other cosponsors for supporting this bill and 
for helping to expedite its consideration. I am confident that the 
chairwoman and ranking member of the House State and Foreign Operations 
Subcommittee share our view that this is an appropriate use of these 
funds. I hope the House will act quickly to send this bill to the 
President.
  Mr. PAUL. Mr. President, as a cosponsor of this important 
legislation, I am pleased the Senate will pass this bill and once again 
provide for stronger security at our diplomatic facilities.
  Numerous reports have documented the security failures that resulted 
in the tragic deaths of four Americans at the consulate in Benghazi. 
Both the Administrative Review Board and the report of the Senate 
Homeland Security Committee found that inexcusable failures of judgment 
led State Department decisionmakers to ignore the rising threat levels 
in Benghazi and the repeated requests for enhanced security at the 
site. Marine Security

[[Page 889]]

Guards were not on site to protect our consulate in one of the most 
dangerous and unstable regions in the world. The failures of management 
that led to these decisions are reprehensible; the lapses in judgment 
indefensible. It is beyond my comprehension why the individuals whose 
poor decisionmaking directly resulted in the deaths of four Americans 
remain employed by the State Department, and compensated by the U.S. 
taxpayers.
  One of the most troubling aspects of the Benghazi attack is the 
complete disregard that State Department leadership gave to the 
repeated requests for enhanced security from Ambassador Christopher 
Stevens. Should funding have been an issue, the State Department always 
has the option available to come to Congress for approval to transfer 
funds within accounts. In fact, this is what S. 227 accomplishes--it 
provides the State Department transfer authority to prioritize 
diplomatic security in our embassies around the world. It is a sad, but 
necessary postscript to this tragic event--and a step that, if taken 
earlier by the State Department, may have saved the lives lost in 
Benghazi.
  It is my hope that the Senate takes into consideration my repeated 
calls for increased Marine security at our embassies in high threat 
areas of the world. In the two budgets I have authored during my Senate 
tenure, I not only called for increased funding for military 
protection, but also for reducing the presence of embassies in the most 
dangerous areas of the globe. The safety of our men and women in 
diplomatic service must be prioritized. This means placing more 
emphasis on involvement in security by the Defense Department, but it 
also means assessing whether our diplomacy in the most dangerous areas 
of the world is better done from afar.
  Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the bill 
be read three times and passed, and the motion to reconsider be laid 
upon the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 227) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:


                                 S. 228

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Embassy Security Funds 
     Transfer Act of 2013''.

     SEC. 2. TRANSFER OF CERTAIN FUNDS FOR IMPROVEMENT OF SECURITY 
                   AT UNITED STATES EMBASSIES AND OTHER DIPLOMATIC 
                   FACILITIES WORLDWIDE.

       (a) Transfer Authority.--Funds appropriated by title VIII 
     of the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act of 2012 (division I of Public Law 
     112-74; 125 Stat. 1265) under the headings ``Diplomatic and 
     Consular Programs'' and ``Embassy Security, Construction, and 
     Maintenance'' may be transferred between such headings.
       (b) Availability.--
       (1) In general.--Any funds transferred to a heading under 
     subsection (a) shall be merged with funds in the heading to 
     which transferred, and shall, except as provided in paragraph 
     (2), be available subject to the same terms and conditions as 
     the funds with which merged.
       (2) Duration of availability.--Any funds transferred under 
     subsection (a) shall be available for the same period for 
     which such funds were originally appropriated.
       (c) Notification Procedures.--Any transfer of funds under 
     subsection (a) shall be subject to the regular notification 
     procedures of the Committees on Appropriations of the Senate 
     and the House of Representatives.

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