H.R. 2723 — Introduced in House

I 113th CONGRESS 1st Session H. R. 2723 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. 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. 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. 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. I Review and planning requirements 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: 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. 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. . 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. 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. II Physical security and personnel requirements 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.. 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. 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. . 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. 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). 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. 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. 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. III Security training 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: 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. 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. 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. . 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. IV Death gratuity 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. . 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: 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)). 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. . 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. 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. 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. .