,i #aacth ,,congress #ast ,session ,h4 ,r4 #bgbc ,,in ,,the ,,house ,,of ,,representatives ,july #ah1 #bjac ,mr4 ,engel 7for himself1 ,mr4 ,faleomavaega1 ,mr4 ,sherman1 ,mr4 ,meeks1 ,mr4 ,sires1 ,mr4 ,connolly1 ,mr4 ,deutch1 ,mr4 ,higgins1 ,ms4 ,bass1 ,mr4 ,keating1 ,mr4 ,cicilline1 ,mr4 ,grayson1 ,mr4 ,vargas1 ,mr4 ,schneider1 ,mr4 ,kennedy1 ,mr4 ,bera of ,california1 ,mr4 ,lowenthal1 ,ms4 ,meng1 ,ms4 ,frankel of ,florida1 ,ms4 ,gabbard1 and ,mr4 ,castro of ,texas7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 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 abroad1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,embassy ,security and ,enhancement ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,title ,i--,review and planning requirements ,sec4 #aja4 ,designation of high risk1 high threat posts and working groups4 ,sec4 #ajb4 ,contingency plans for high risk1 high threat posts4 ,sec4 #ajc4 ,sense of ,congress regarding strategic review of ,bureau of ,diplomatic ,security4 ,title ,,ii--,physical security and personnel requirements ,sec4 #bja4 ,capital ,security ,cost ,sharing ,program4 ,sec4 #bjb4 ,local guard contracts abroad under diplomatic security program4 ,sec4 #bjc4 ,transfer authority4 ,sec4 #bjd4 ,physical security of certain soft targets4 ,sec4 #bje4 ,reemployment of annuitants4 ,sec4 #bjf4 ,exemptions from certain protest procedures for non-compete contracting in exigent circumstances4 ,sec4 #bjg4 ,sense of ,congress on minimum security standards for temporary ,united ,states diplomatic and consular posts4 ,sec4 #bjh4 ,sense of ,congress on assignment of personnel at high risk1 high threat posts4 ,title ,,iii--,security training ,sec4 #cja4 ,security training for personnel assigned to high risk1 high threat posts4 ,sec4 #cjb4 ,report to ,congress4 ,title ,,iv--,death gratuity ,sec4 #dja4 ,death gratuity4 ,sec4 #djb4 ,increased group life insurance and survivors' educational benefits applicable to those killed in terrorist attacks4 ,sec4 #djc4 ,retroactive payment4 ,sec4 #djd4 ,authorization of appropriations4 ,sec4 #dje4 ,conforming amendment4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,september #aa and #ab1 #bjab1 terrorists attacked the ,united ,states ,special ,mission compound and ,annex in ,benghazi1 ,libya4 7#b7 ,the attacks resulted in the deaths of ,ambassador ,john ,christopher ,stevens1 ,sean ,smith1 ,tyrone ,woods1 and ,glen ,doherty1 in addition to severely wounding other ,united ,states personnel and ,libyan guards4 7#c7 ,the ,united ,states personnel in ,benghazi performed bravely in protecting their colleagues despite the scale and intensity of the attacks4 7#d7 ,an ,accountability ,review ,board chaired ably by ,ambassador ,thomas ,r4 ,pickering and vice-chaired by ,admiral ,michael ,mullen1 former ,chairman of the ,joint ,chiefs of ,staff1 was subsequently convened to examine security failures leading to the attacks4 7#e7 ,the ,board found1 in particular1 the following3 7,a7 ,systemic failures in leadership and management at the ,department of ,state led to inadequate security and unclear lines of responsibility for security considerations in ,benghazi4 7,b7 ,physical security at the site was inadequate and local ,libyan responders failed to adequately respond to the sudden penetration of the mission4 7,c7 ,there were no immediate1 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 interests4 7#f7 ,the ,board made #bi recommendations for the ,department of ,state1 including-- 7,a7 enhancing security in high risk1 high threat posts and reviewing the balance between the risk and benefits of a particular post2 7,b7 reexamining organization and management with a focus on security planning in the ,bureau of ,diplomatic ,security2 7,c7 establishing minimum security standards for temporary facilities1 such as ,benghazi1 in high risk1 high threat environments2 and 7,d7 improving training for personnel serving in high risk1 high threat posts4 7#g7 ,former ,secretary of ,state ,hillary ,clinton accepted all of the ,board's recommendations and directed that they be implemented4 7#h7 ,united ,states public servants work in dangerous places around the world to advance ,united ,states interests and values1 and it is not possible to conduct robust diplomatic and development efforts without inherent risk4 7#i7 ,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 environments4 #c4 ,definitions ,in this ,act3 7#a7 ,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 ,senate4 7#b7 ,high risk1 high threat post ,the term high risk1 high threat post means a ,united ,states diplomatic or consular post1 as determined by the ,secretary of ,state1 that1 among other factors1 is-- 7,a7 located in a country-- 7i7 with high to critical levels of political violence and terrorism2 and 7ii7 the government of which lacks the capacity or willingness to provide adequate security2 and 7,b7 with mission physical security platforms that fall below the ,department of ,state's established standards4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,state4 ,i ,review and planning requirements #aja4 ,designation of high risk1 high threat posts and working groups 7a7 ,in general ,title ,i of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhja et seq42 relating to diplomatic security7 is amended by inserting after section #ajc the following new sections3 #ajd4 ,designation of high risk1 high threat posts 7a7 ,initial designation ,not later than #cj days after the date of the enactment of this section1 the ,secretary shall submit to the appropriate congressional committees a report1 in classified form1 that contains an initial list of diplomatic and consular posts designated as high risk1 high threat posts4 7b7 ,designations before opening or reopening posts ,before opening or reopening a diplomatic or consular post1 the ,secretary shall determine if such post should be designated as a high risk1 high threat post4 7c7 ,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 risk1 high threat post if conditions at such post or the surrounding security environment require such a designation4 7d7 ,definitions ,in this section and section #aje3 7#a7 ,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 ,senate4 7#b7 ,high risk1 high threat post ,the term high risk1 high threat post means a ,united ,states diplomatic or consular post1 as determined by the ,secretary1 that1 among other factors1 is-- 7,a7 located in a country-- 7i7 with high to critical levels of political violence and terrorism2 and 7ii7 the government of which lacks the ability or willingness to provide adequate security2 and 7,b7 with mission physical security platforms that fall below the ,department of ,state's established standards4 #aje4 ,working groups for high risk1 high threat posts 7a7 ,establishment ,before opening or reopening a high risk1 high threat post1 the ,secretary shall establish a working group that is responsible for the geographic area in which such post is to be opened or reopened4 7b7 ,duties ,the duties of the working group established in accordance with subsection 7a7 shall include-- 7#a7 evaluating the importance of the objectives of the proposed post to the national security of the ,united ,states1 and the type and level of security threats such post could encounter2 7#b7 completing working plans to expedite the approval and funding for establishing and operating such post1 implementing physical security measures1 providing necessary security and management personnel1 and the provision of necessary equipment2 and 7#c7 establishing security benchmarks that would determine specific action1 including enhanced security measures or evacuation of such post1 based on the improvement or deterioration of the local security environment4 7c7 ,composition ,the working group may be composed of representatives of the-- 7#a7 appropriate regional bureau2 7#b7 ,bureau of ,diplomatic ,security2 7#c7 ,bureau of ,overseas ,building ,operations2 7#d7 ,bureau of ,intelligence and ,research2 and 7#e7 other bureaus or offices as determined by the ,secretary4 7d7 ,congressional notification ,not less than #ae days before opening or reopening a high risk1 high threat post1 the ,secretary shall notify the appropriate congressional committees in classified form of-- 7#a7 the decision to open or reopen such post2 and 7#b7 the results of the working group under subsection 7b74 4 7b7 ,conforming amendment ,the table of contents of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf is amended by inserting after the item relating to section #ajc the following new items3 ,sec4 #ajd4 ,designation of high risk1 high threat posts4 ,sec4 #aje4 ,working groups for high risk1 high threat posts4 4 #ajb4 ,contingency plans for high risk1 high threat posts ,section #fjf7;a7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7#bb ,u4,s4,c4 #dhfe7;a72 relating to diplomatic security7 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by inserting and from complex attacks after attacks from vehicles2 and 7,b7 by inserting or such a complex attack before the period at the end2 7#b7 in paragraph 7#g71 by inserting before the period at the end the following3 1 including at high risk1 high threat posts 7as such term is defined in section #ajd of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf71 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 attack4 #ajc4 ,sense of ,congress regarding strategic review of ,bureau of ,diplomatic ,security 7a7 ,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 ,state4 7b7 ,contents of review ,the strategic review described in subsection 7a7 should include assessments of-- 7#a7 staffing needs for both domestic and international operations2 7#b7 facilities under chief of mission authority adhering to security standards2 7#c7 security personnel with the necessary language skills for assignment to overseas posts2 7#d7 programs being carried out by personnel with the necessary experience and at commensurate grade levels2 7#e7 necessary security training provided to personnel under chief of mission authority for expected assignments and objectives2 7#f7 balancing security needs with an ability to carry out the diplomatic mission of the ,department of ,state2 and 7#g7 the budgetary implications of balancing multiple missions4 ,,ii ,physical security and personnel requirements #bja4 ,capital ,security ,cost ,sharing ,program 7a7 ,authorization of appropriations ,there is authorized to be appropriated for fiscal year #bjad for the ,department of ,state #a1chc1jjj1jjj1 to be available until expended1 for the ,capital ,security ,cost ,sharing ,program1 authorized by section #fjd7;e7 of ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7title ,,vi of division ,a of ,h4,r4 #cdbg1 as enacted into law by section #ajjj7;a77#g7 of ,public ,law #ajf-aac2 #aac ,stat4 #aeja;,a-#dec2 #bb ,u4,s4,c4 #dhfe note74 7b7 ,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 risk1 high threat posts4 7c7 ,restriction on construction of office space ,section #fjd7;e77#b7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7title ,,vi of division ,a of ,h4,r4 #cdbg1 as enacted into law by section #ajjj7;a77#g7 of ,public ,law #ajf-aac2 #aac ,stat4 #aeja;,a-#dec2 #bb ,u4,s4,c4 #dhfe note7 is amended by adding at the end the following new sentence3 ,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 7#a71 except that such project may include office space or other accommodations for members of the ,united ,states ,marine ,corps44 #bjb4 ,local guard contracts abroad under diplomatic security program 7a7 ,in general ,section #acf7;c77#c7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7#bb ,u4,s4,c4 #dhfd7;c77#c77 is amended to read as follows3 7#c7 in evaluating proposals for such contracts1 award contracts to technically acceptable firms offering the lowest evaluated price1 except that-- 7,a7 the ,secretary may award contracts on the basis of best value 7as determined by a cost-technical tradeoff analysis72 and 7,b7 proposals received from ,united ,states persons and qualified ,united ,states joint venture persons shall be evaluated by reducing the bid price by #aj percent2 4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a report that includes-- 7#a7 an explanation of the implementation of paragraph 7#c7 of section #acf7;c7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia1 as amended by subsection 7a72 and 7#b7 for each instance in which an award is made pursuant to subparagraph 7,a7 of such paragraph1 as so amended1 a written justification and approval1 providing the basis for such award and an explanation of the inability to satisfy the needs of the ,department of ,state by technically acceptable1 lowest price evaluation award4 #bjc4 ,transfer authority ,section #d of the ,foreign ,service ,buildings ,act1 #aibf 7#bb ,u4,s4,c4 #bie7 is amended by adding at the end the following new subsections3 7j7 ,in addition to exercising any other transfer authority available to the ,secretary of ,state1 and subject to subsection 7k71 the ,secretary may transfer to1 and merge with1 any appropriation for embassy security1 construction1 and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after ,october #a1 #bjac1 as the ,secretary determines necessary to provide for the security of sites and buildings in foreign countries under the jurisdiction and control of the ,secretary4 7k7 ,not later than #ae days before any transfer of funds pursuant to subsection 7j71 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 transfer4 4 #bjd4 ,physical security of certain soft targets ,section #bi of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgja7 is amended1 in the third sentence1 by inserting physical security enhancements and after may include4 #bje4 ,reemployment of annuitants ,section #hbd7;g7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djfd7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking to facilitate the and all that follows through ,afghanistan12 and 7,b7 by aligning the margins of subparagraph 7,c7 with the margins of subparagraph 7,b72 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating paragraph 7#c7 as paragraph 7#b74 #bjf4 ,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 #ccjd of title #da1 ,united ,states ,code1 in order to meet emergency security requirements shall not be subject to challenge by protest under either sections #ceea through #ceeg of title #ca1 ,united ,states ,code1 or section #adia of title #bh1 ,united ,states ,code4 #bjg4 ,sense of ,congress on minimum security standards for temporary ,united ,states diplomatic and consular posts ,it is the sense of ,congress that-- 7#a7 the ,overseas ,security ,policy ,board's security standards for facilities should apply to all facilities regardless of the duration of their occupancy2 and 7#b7 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 ,states4 #bjh4 ,sense of ,congress on assignment of personnel at high risk1 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 risk1 high threat posts in order to-- 7#a7 establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment2 and 7#b7 ensure that necessary security steps are implemented4 ,,iii ,security training #cja4 ,security training for personnel assigned to high risk1 high threat posts 7a7 ,in general ,title ,,iv of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhea et seq42 relating to diplomatic security7 is amended by adding at the end the following new sections3 #daf4 ,security training for personnel assigned to a high risk1 high threat post 7a7 ,in general ,individuals assigned permanently to or who are in long-term temporary duty status as designated by the ,secretary at a high risk1 high threat post shall receive security training described in subsection 7b7 on a mandatory basis in order to prepare such individuals for living and working at such posts4 7b7 ,security training described ,security training referred to in subsection 7a7-- 7#a7 is training to improve basic knowledge and skills2 and 7#b7 may include-- 7,a7 an ability to recognize1 avoid1 and respond to potential terrorist situations1 including a complex attack2 7,b7 conducting surveillance detection2 7,c7 providing emergency medical care2 7,d7 awareness of improvised explosive devices2 7,e7 firearms familiarization2 and 7,f7 defensive driving maneuvers4 7c7 ,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 section4 7d7 ,definition ,in this section and sections #dag and #dah1 the term high risk1 high threat post has the meaning given such term in section #ajd4 7e7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #dag4 ,security management training for officials assigned to a high risk1 high threat post 7a7 ,in general ,officials described in subsection 7c7 who are assigned to a high risk1 high threat post shall receive security training described in subsection 7b7 on a mandatory basis in order to improve the ability of such officials to make security-related management decisions4 7b7 ,security training described ,security training referred to in subsection 7a7 may include-- 7#a7 development of skills to better evaluate threats2 7#b7 effective use of security resources to mitigate such threats2 and 7#c7 improved familiarity of available security resources4 7c7 ,officials described ,officials referred to in subsection 7a7 are-- 7#a7 members of the ,senior ,foreign ,service appointed under section #cjb7;a77#a7 or #cjc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidb7;a77#a7 and #cidc7 or members of the ,senior ,executive ,service 7as such term is described in section #cacb7;a77#b7 of title #e1 ,united ,states ,code72 7#b7 ,foreign ,service officers appointed under section #cjb7;a77#a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidb7;a77#a77 holding a position in classes ,,fs-#a1 ,,fs-#b1 or ,,fs-#c2 and 7#c7 individuals holding a position in grades ,,gs-#ac1 ,,gs-#ad1 or ,,gs-#ae4 7d7 ,effective date ,the requirements of this section shall take effect beginning on the date that is #a year after the date of the enactment of this section4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary4 #dah4 ,language requirements for diplomatic security personnel assigned to high risk1 high threat post 7a7 ,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 risk1 high threat post should receive language training described in subsection 7b7 in order to prepare such personnel for duty requirements at such post4 7b7 ,language training described ,language training referred to in subsection 7a7 should prepare personnel described in such subsection to-- 7#a7 speak the language at issue with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations2 and 7#b7 read within a normal range of speed and with almost complete comprehension4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary4 4 7b7 ,conforming amendment ,the table of contents of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf is amended by inserting after the item relating to section #dae the following new items3 ,sec4 #daf4 ,security training for personnel assigned to a high risk1 high threat post4 ,sec4 #dag4 ,security management training for officials assigned to a high risk1 high threat post4 ,sec4 #dah4 ,language requirements for diplomatic security personnel assigned to high risk1 high threat post4 4 #cjb4 ,report to ,congress ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a report on the implementation of this title4 ,,iv ,death gratuity #dja4 ,death gratuity ,section #dac of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cigc7 is amended-- 7#a7 in subsection 7a71 by striking at the time of death and inserting at level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code1 as in effect at the time of death1 except that for employees compensated under local compensation plans established under section #djh1 the amount shall be equal to the greater of either one year's salary at the time of death1 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 death2 7#b7 in subsection 7b71 by adding at the end the following3 ,the ,secretary may waive the requirement that the survivor be entitled to elect monthly compensation under section #hacc of title #e1 ,united ,states ,code1 if the survivor would otherwise be entitled to payment under this section and the ,secretary determines such waiver is appropriate under the circumstances42 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,order of payment ,a death gratuity payment under this section shall be made as follows3 7#a7 ,first1 to the widow or widower4 7#b7 ,second1 to the familial designee1 if there is no widow or widower4 7#c7 ,third1 to the child1 or children in equal shares1 if there is no widow1 widower1 or familial designee4 7#d7 ,fourth1 to the parent1 or parents in equal shares1 if there is no widow1 widower1 familial designee1 or child4 ,if there is no survivor entitled to payment under this subsection1 no payment shall be made4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking and after the semicolon2 7,b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7,c7 adding at the end the following3 7#c7 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 2 7#e7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7d71 7e71 and 7f72 and 7#f7 by inserting after subsection 7a7 the following new subsections3 7b7 ,payment to survivors of employees of agencies ,the head of an executive agency shall1 with the concurrence of the ,secretary of ,state1 make a death gratuity payment authorized by this section to the survivors1 as set forth in subsection 7e71 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 #bjg4 7c7 ,payment to survivors of interns ,the ,secretary may make a death gratuity payment of up to #ejj1jjj to the survivors1 as set forth in subsection 7e71 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 abroad1 and who is not otherwise compensated under this section4 4 #djb4 ,increased group life insurance and survivors' educational benefits applicable to those killed in terrorist attacks 7a7 ,in general ,chapter #d of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cifa et seq47 is amended by adding at the end the following new sections3 #dae4 ,group life insurance supplement for those killed in terrorist attacks 7a7 ,foreign ,service employees ,notwithstanding the amounts specified in chapter #hg of title #e1 ,united ,states ,code1 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 eligible1 at the ,secretary's discretion1 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 7if any7 and #djj1jjj1 except that for employees compensated under local compensation plans established under section #djh1 the amount shall be determined by regulations implemented by the ,secretary and shall be no greater than #djj1jjj4 ,this payment shall be made to the beneficiary designated under the employee's employer-provided group life insurance policy4 ,if no beneficiary is named1 the payment shall be made according to the order of precedence specified by the ,office of ,personnel ,management under section #hgj4hja of title #e1 ,code of ,federal ,regulations 7or successor regulation74 7b7 ,employees of other agencies ,the head of an executive agency shall1 with the concurrence of the ,secretary of ,state1 provide the additional payment authorized by this section1 consistent with the provisions set forth in section 7a71 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 #bjg4 7c7 ,terrorism defined ,in this section and section #daf1 the term terrorism has the meaning given that term in section #adj7;d7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi 7#bb ,u4,s4,c4 #bfef;f7d774 #daf4 ,educational assistance for survivors and dependents 7a7 ,survivors of ,foreign ,service employees ,the ,secretary shall provide educational assistance to a widow1 widower1 familial designee1 or child7ren7 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 abroad1 to meet1 in whole or in part1 the expenses incurred by that widow1 widower1 familial designee1 or child7ren7 in pursuing a program of education at an educational institution1 including subsistence1 tuition1 fees1 supplies1 books1 equipment1 and other educational costs4 7b7 ,survivors of employees of other agencies ,the head of an executive agency shall1 with the concurrence of the ,secretary of ,state1 provide educational assistance authorized by this section to a widow1 widower1 familial designee1 or child7ren7 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 #bjg4 7c7 ,limitation on amount of assistance ,educational assistance under this section may be made available up to the amounts provided for in section #cecb of title #ch1 ,united ,states ,code1 as adjusted by section #cefd of title #ch1 ,united ,states ,code1 and for an aggregate period of not more than #de months4 7d7 ,definitions ,for purposes of this section1 the terms program of education and educational institution have the meanings given those terms in section #ceja of title #ch1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of contents in section #b of the ,foreign ,service ,act of #aihj is amended by inserting after the item relating to section #dad the following new items3 ,section #dae4 ,group life insurance supplement for those killed in terrorist attacks4 ,section #daf4 ,educational assistance for survivors and dependents4 4 #djc4 ,retroactive payment ,at the discretion of the ,secretary of ,state1 and notwithstanding any other provision of law1 sections #dac1 #dae1 and #daf of the ,foreign ,service ,act of #aihj may apply in the case of a ,foreign ,service employee1 executive branch employee subject to the authority of the chief of mission under section #bjg of the ,foreign ,service ,act of #aihj1 or intern serving at a ,united ,states diplomatic or consular mission abroad without a regular salary1 who died on or after ,april #ah1 #aihc1 and before the date of the enactment of this ,act1 as a result of injuries sustained because of an act of terrorism1 as defined in section #adj7;d7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi 7#bb ,u4,s4,c4 #bfef;f7d774 ,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 widow1 widower1 familial designee1 child7ren71 or other beneficiary based on the same death4 #djd4 ,authorization of appropriations 7a7 ,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 agency4 7b7 ,department of ,state funds 7#a7 ,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 ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjjh 7division ,j of ,public ,law #aaj-afa7 are authorized to be used by the ,department of ,state to pay benefits or payments made available under this ,act4 7#b7 ,to pay benefits or payments made available under this ,act1 the ,secretary of ,state may merge with the funds described in paragraph 7#a7 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 #bjac or for any fiscal year hereafter1 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 available4 #dje4 ,conforming amendment ,the table of contents of the ,foreign ,service ,act of #aihj is amended by inserting after the item relating to section #dad the following new items3 ,sec4 #dae4 ,group life insurance supplement for those killed in terrorist attacks4 ,sec4 #daf4 ,educational assistance for survivors and dependents4 4