,,ii #aacth ,,congress #ast ,session ,s4 #ihj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjac ,mr4 ,menendez 7for himself1 ,mr4 ,reid1 ,mr4 ,cardin1 ,mr4 ,kaine1 ,mrs4 ,boxer1 ,mr4 ,murphy1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide for enhanced embassy security1 and for other purposes4 #a4 ,short title2 table contents 7a7 ,short title ,this ,act may be cited as the ,chris ,stevens1 ,sean ,smith1 ,tyrone ,woods1 and ,glen ,doherty ,embassy ,security and ,personnel ,protection ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table contents4 ,,title ,i--,funding authorization and transfer authority ,sec4 #aja4 ,capital ,security ,cost ,sharing ,program4 ,sec4 #ajb4 ,language training4 ,sec4 #ajc4 ,foreign ,affairs ,security ,training ,center4 ,sec4 #ajd4 ,transfer authority4 ,,title ,,ii--,contracting and other matters ,sec4 #bja4 ,local guard contracts abroad under diplomatic security program4 ,sec4 #bjb4 ,exemptions from certain protest procedures for non-compete contracting in exigent circumstances4 ,sec4 #bjc4 ,disciplinary action resulting from unsatisfactory leadership in relation to a security incident4 ,sec4 #bjd4 ,security enhancements for soft targets4 ,sec4 #bje4 ,death gratuity4 ,sec4 #bjf4 ,reemployment of annuitants4 ,sec4 #bjg4 ,special immigrant visas for families of foreign national employees of ,united ,states ,government missions abroad4 ,,title ,,iii--,expansion of the ,marine ,corps security guard detachment program ,sec4 #cja4 ,marine ,corps ,security ,guard ,program4 ,,title ,,iv--,reporting on the implementation of the accountability review board recommendations ,sec4 #dja4 ,department of ,state implementation of the recommendations provided by the ,accountability ,review ,board convened after the ,september #aa-ab1 #bjab1 attacks on ,united ,states ,government personnel in ,benghazi1 ,libya4 ,sec4 #djb4 ,designation and reporting for high-risk1 high-threat posts4 ,i ,funding authorization and transfer authority #aja4 ,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 purpose of restoring to its full capacity 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 #ajjg7;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-- 7#a7 the ,capital ,security ,cost ,sharing ,program should prioritize the construction of new facilities and the maintenance of existing facilities in high-risk1 high-threat areas2 and 7#b7 all ,united ,states ,government agencies should pay into the ,capital ,security ,cost ,sharing ,program a percentage of total costs determined by interagency agreements1 in order to restore the ,capital ,security ,cost ,sharing ,program to its full capacity of #b1bjj1jjj1jjj4 7c7 ,restriction on construction of office space ,section #fjd 7e77#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 #ajjg7;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 following3 ,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 7#a71 except that such project may include office space or other accommodations for members of the ,united ,states ,marine ,corps44 #ajb4 ,language training ,such sums as may be necessary are authorized to be appropriated for the acquisition1 operation1 and maintenance of instructional programs to upgrade foreign language capacity1 especially in critical need languages including ,arabic1 among ,united ,states employees within the ,department of ,state1 including the ,bureau of ,diplomatic ,security4 #ajc4 ,foreign ,affairs ,security ,training ,center 7a7 ,in general ,such sums as may be necessary are authorized to be appropriated for the acquisition1 construction1 and operation of a ,foreign ,affairs ,security ,training ,center4 7b7 ,sense of congress on the foreign affairs security training center ,it is the sense of ,congress that-- 7#a7 ,department of ,state employees and their families deserve improved and consolidated programs and facilities for high-threat training and risk management decision processes2 7#b7 improved and consolidated high-threat training at a ,foreign ,affairs ,security ,training ,center 7,,fastc7 at ,fort ,pickett1 ,virginia1 is consistent with the ,benghazi ,accountability ,review ,board recommendation number #ag2 and 7#c7 a ,,fastc should take advantage of training synergies that already exist1 like training with1 or in close proximity to1 ,fleet ,antiterrorism ,security ,teams 7,,fast71 special operations forces1 or other appropriate military and security assets4 #ajd4 ,transfer authority ,section #d of the ,foreign ,service ,buildings ,act of #aibf 7#bb ,u4,s4,c4 #bie7 is amended by adding at the end the following new subsections3 7j7 7#a7 ,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 are necessary to provide for the security of sites and buildings in foreign countries under the jurisdiction and control of the ,secretary4 7#b7 7,a7 ,any funds transferred under the authority provided in paragraph 7#a7 shall be merged with funds in the heading to which transferred1 and shall1 except as provided in subparagraph 7,b71 be available subject to the same terms and conditions as the funds with which merged4 7,b7 ,any funds transferred under paragraph 7#a7 shall be available for the same period for which such funds were originally appropriated4 7k7 ,not later than #ae days before any transfer of funds under subsection 7j71 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 ,representatives4 4 ,,ii ,contracting and other matters #bja4 ,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 one year after the date of the enactment of this ,act1 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-- 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 #bjb4 ,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 #bjc4 ,disciplinary action resulting from unsatisfactory leadership in relation to a security incident ,section #cjd7;c7 of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhcd7;c77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and moving such subparagraphs1 as so redesignated1 #b ems to the right2 7#b7 by striking recommendations4--,whenever and inserting the following3 8,recommendations4-- 7#a7 ,in general ,whenever 2 and 7#c7 by inserting at the end the following new paragraph3 7#b7 ,certain security incidents ,unsatisfactory leadership by a senior official with respect to a security incident involving loss of life1 serious injury1 or significant destruction of property at or related to a ,united ,states ,government mission abroad may be grounds for disciplinary action4 ,if a ,board finds reasonable cause to believe that a senior official provided such unsatisfactory leadership1 the ,board may recommend disciplinary action subject to the procedures in paragraph 7#a74 4 #bjd4 ,security enhancements for soft targets ,section #bi of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgja7 is amended in the third sentence by inserting physical security enhancements and after ,such assistance may include4 #bje4 ,death gratuity ,section #dac7;a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cigc7;a771 is amended in the first sentence 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 at the time of death1 except that for employees compensated under local compensation plans established under section #djh 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 death4 #bjf4 ,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#a77;,b71 by striking to facilitate the and all that follows through ,afghanistan12 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating paragraph 7#c7 as paragraph 7#b74 #bjg4 ,special immigrant visas for families of foreign national employees of ,united ,states ,government missions abroad ,section #aja7;a77#bg77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,d77 is amended by inserting before 3 ,provided the following3 1 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 #ae years1 and the relevant recommendation referenced in the following proviso is made with respect to each such individual4 ,,iii ,expansion of the ,marine ,corps security guard detachment program #cja4 ,marine ,corps ,security ,guard ,program 7a7 ,in general ,pursuant to the responsibility of the ,secretary of ,state for diplomatic security under section #ajc of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhjb71 the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 shall-- 7#a7 develop and implement a plan to incorporate the additional ,marine ,corps ,security ,guard personnel authorized pursuant to section #djd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #aj ,u4,s4,c4 #eihc note7 at ,united ,states embassies1 consulates1 and other diplomatic facilities2 and 7#b7 conduct an annual review of the ,marine ,corps ,security ,guard ,program1 including-- 7,a7 an evaluation of whether the size and composition of the ,marine ,corps ,security ,guard ,program is adequate to meet global diplomatic security requirements2 7,b7 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 abroad2 and 7,c7 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 ,program4 7b7 ,reporting requirement ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter for three years1 the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 shall provide to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives an unclassified report1 with a classified annex as necessary1 that addresses the requirements set forth in subsection 7a77#b74 ,,iv ,reporting on the implementation of the accountability review board recommendations #dja4 ,department of ,state implementation of the recommendations provided by the ,accountability ,review ,board convened after the ,september #aa-ab1 #bjab1 attacks on ,united ,states ,government personnel in ,benghazi1 ,libya 7a7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 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 report1 with a classified annex1 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 #aihf 7#bb ,u4,s4,c4 #dhca7 to examine the facts and circumstances surrounding the ,september #aa-ab1 #bjab1 killings of four ,united ,states ,government personnel in ,benghazi1 ,libya4 7b7 ,content ,the report required under subsection 7a7 shall include the following elements3 7#a7 ,an assessment of the overall state of the ,department of ,state's diplomatic security to respond to the evolving global threat environment1 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 ,report4 7#b7 ,a description of the specific steps taken by the ,department of ,state to address each of the #bi recommendations contained in the ,accountability ,review ,board ,report1 including-- 7,a7 an assessment of whether implementation of each recommendation is complete or is still in progress2 and 7,b7 if the ,secretary of ,state determines not to fully implement any of the #bi recommendations in the ,accountability ,review ,board ,report1 a thorough explanation as to why such a decision was made4 7#c7 ,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 recommendations1 including-- 7,a7 a lack of funding or resources made available to the ,department of ,state2 7,b7 restrictions imposed by current law that in the ,secretary of ,state's judgment should be amended2 and 7,c7 difficulties caused by a lack of coordination between the ,department of ,state and other ,united ,states ,government agencies4 #djb4 ,designation and reporting for high-risk1 high-threat posts 7a7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 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 report1 with an unclassified summary1 evaluating ,department of ,state overseas posts that the ,secretary of ,state determines to be high risk1 high threat in accordance with subsection 7c74 7b7 ,content ,for each post determined to be high risk1 high threat pursuant to subsection 7a71 the report submitted under such subsection shall also include-- 7#a7 an assessment of the overall threat level to ,united ,states personnel under chief of mission authority2 7#b7 the number of diplomatic security personnel1 ,marine ,corps security guards1 and other ,department of ,state personnel dedicated to providing security for ,united ,states personnel1 information1 and facilities2 7#c7 an assessment of host nation willingness and capability to provide protection in the event of a security threat or incident1 pursuant to the obligations of the ,united ,states under the ,vienna ,convention on ,consular ,relations1 done at ,vienna1 ,april #bd1 #aifc1 and the #aifa ,vienna ,convention on ,diplomatic ,relations1 done at ,vienna1 ,april #ah1 #aifa2 7#d7 an enumeration of the assignment duration and length of government experience for each of the ,united ,states senior security personnel assigned2 7#e7 the number of ,foreign ,service ,officers who have received ,foreign ,affairs ,counter ,threat training2 7#f7 a summary of the requests made during the previous calendar year for additional resources1 equipment1 or personnel related to the security of the post and the status of such requests2 7#g7 an evaluation of the quality of surveillance cameras2 7#h7 an assessment of the ability of ,united ,states personnel to respond to and survive a fire attack1 including3 7,a7 whether the post has adequate fire safety and security equipment for safehavens and safe areas2 and 7,b7 whether ,united ,states ,government employees and their dependents have been adequately trained on the equipment available2 7#i7 for each new post that is opened1 a detailed description of the steps taken to provide security for the new post1 including whether a dedicated support cell was established in the ,department of ,state to ensure proper and timely resourcing of security2 and 7#aj7 a listing of any high-risk1 high-threat posts where the ,department of ,state and other government agencies' facilities are not collocated including-- 7,a7 a rationale for the lack of collocation2 and 7,b7 a description of what steps1 if any1 are being taken to mitigate potential security vulnerabilities associated with the lack of collocation4 7c7 ,determination of high-,risk1 high-,threat post ,in determining high-risk1 high-threat posts under this section1 the ,secretary shall take into account with respect to each country those posts featuring-- 7#a7 high to critical levels of political violence or terrorism2 7#b7 governments with inadequate capacity or political will to provide appropriate protection2 and 7#c7 mission physical security platforms that fall well below the ,department of ,state's established standards4