Accountability Review Board Reform Act of 2013

Summary: Accountability Review Board Reform Act of 2013 - Expresses the sense of Congress that the effectiveness of Accountability Review Boards would be improved by increasing their independence from the Department of State. Amends the Omnibus Diplomatic Security and Antiterrorism Act regarding congressional notification of an Accountability Review Board's convening to include: (1) notification of the Chairman of the House Committee on Foreign Affairs; and (2) disclosure of any individual employed at a grade not lower than FS-3 or GS-14 or any political appointee who is hired, assigned, or detailed to assist the Board.  Revises the appointment of the five Board members to provide that two members shall be appointed by the Secretary, two by the Chairperson of the Council of Inspectors General of Integrity and Efficiency, and one by the Director of National Intelligence.  States that to the maximum extent practicable individuals assisting a Board shall be employees of the Department's Office of the Inspector General. Prohibits an individual who has a personal or professional relationship with someone expected to be investigated from serving as a Board member or staffer. Defines "conflict of interest" for such purposes. Authorizes a Board to accept any evidence determined by a Board member to be relevant and material to an investigation. States that the Federal Rules of Evidence shall not apply to the Board. Requires that a Board report and related recommendations be submitted to Congress, in addition to the Secretary.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability Review Board Reform 
Act of 2013''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The United States has a crucial stake in supporting the 
        presence abroad of United States Government personnel 
        representing United States interests.
            (2) United States Government personnel and missions abroad 
        are confronted by serious security risks, including the threat 
        of terrorism, which will continue for the foreseeable future.
            (3) The Accountability Review Board process was established 
        in 1986 by Congress to conduct a thorough assessment of 
        security-related incidents at or related to a United States 
        Government mission abroad.
            (4) Each assessment by a Board is expected to promote 
        strengthened security measures, and to provide for the 
        accountability of United States Government personnel with 
        security-related responsibilities.
            (5) The terrorist attack in Benghazi, Libya, on September 
        11, 2012, that took the lives of four United States Government 
        personnel has brought unprecedented attention to the work of 
        such Boards.
    (b) Sense of Congress.--It is the sense of Congress that the 
effectiveness of Accountability Review Boards would be improved by 
reconstituting such Boards to increase their independence from the 
Department of State.

SEC. 3. NOTIFICATION TO CONGRESS ABOUT CERTAIN INFORMATION RELATING TO 
              ACCOUNTABILITY REVIEW BOARDS OF THE DEPARTMENT OF STATE.

    Subsection (c) of section 301 of the Omnibus Diplomatic Security 
and Antiterrorism Act (22 U.S.C. 4831) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        the Chairman of the Committee on Foreign Affairs of the House 
        of Representatives,'' after ``the Committee on Foreign 
        Relations of the Senate''; and
            (2) in paragraph (2), by striking ``and'' at the end;
            (3) by redesignating paragraph (3) as paragraph (5); and
            (4) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) of any individual who is employed at a grade of not 
        lower than the level of FS-3 or GS-14 who is hired, assigned, 
        or detailed to assist the Board to carry out its duties;
            ``(4) of any political appointee who is hired, assigned, or 
        detailed to assist the Board to carry out its duties; and''.

SEC. 4. ACCOUNTABILITY REVIEW BOARDS.

    (a) Membership.--Subsection (a) of section 302 of the Omnibus 
Diplomatic Security and Antiterrorism Act (22 U.S.C. 4832) is amended--
            (1) by striking the first sentence and inserting the 
        following new sentence: ``A Board shall consist of five 
        members, two appointed by the Secretary of State, two appointed 
        by the Chairperson of the Council of Inspectors General on 
        Integrity and Efficiency (the CIGIE Chairperson), and one 
        appointed by the Director of National Intelligence.''; and
            (2) by striking the final two sentences and inserting the 
        following new sentences: ``Members of a Board who are not 
        Federal officers or employees shall each be paid at a rate not 
        to exceed the maximum rate of basic pay payable for level IV of 
        the Executive Schedule under section 5317 of title 5, United 
        States Code, for each day (including travel time) during which 
        such members are engaged in the actual performance of duties 
        vested in such Board. Members of the Board who are Federal 
        officers or employees shall receive no additional pay by reason 
        of such membership. Only in exceptional circumstances may a 
        member of a Board be a current Federal officer or employee.''.
    (b) Staff.--Paragraph (2) of subsection (b) of section 302 of the 
Omnibus Diplomatic Security and Antiterrorism Act is amended to read as 
follows:
            ``(2) Staff.--
                    ``(A) In general.--A Board may hire staff to assist 
                the Board, and may have any Federal Government employee 
                assigned or detailed to such Board, with or without 
                reimbursement, to assist such Board. Any such assignee 
                or detailee shall retain without interruption the 
                rights, status, and privileges of his or her regular 
                employment.
                    ``(B) Special rule.--Any individual who is hired, 
                assigned, or detailed to assist a Board under 
                subparagraph (A) shall be subject to the rule relating 
                to the avoidance of conflicts of interest under 
                subsection (a) in the same manner and to the same 
                extent as a Member of such a Board is subject to such 
                avoidance under such subsection.
                    ``(C) Office of the inspector general.--To the 
                maximum extent practicable, individuals assisting the 
                Board shall be employees of the Office of the Inspector 
                General of the Department of State.''.
    (c) Conflicts of Interest.--Section 302 of the Omnibus Diplomatic 
Security and Antiterrorism Act is amended by adding at the end the 
following new subsections:
    ``(c) Avoidance of Conflicts of Interest.--
            ``(1) In general.--The Secretary of State, the CIGIE 
        Chairperson, and the Director of National Intelligence may not 
        appoint any individual as a member of a Board if the Secretary, 
        the CIGIE Chairperson, or the Director, as the case may be, 
        determines that such individual has a conflict of interest 
        concerning a person whose performance such Board reasonably 
        could be expected to review.
            ``(2) Declining appointment.--An individual shall decline 
        appointment to membership on a Board if such individual has 
        actual knowledge of a conflict of interest concerning a person 
        whose performance such Board could reasonably be expected to 
        review.
            ``(3) Recusal from particular activities.--A member of a 
        Board shall recuse him or herself from any Board activity, 
        interview, deposition, or recommendation concerning a person 
        with whom such member has a conflict of interest. Such member 
        shall promptly notify the other members of such Board of any 
        such recusal, but need not state the basis therefor.
    ``(d) Conflict of Interest Defined.--In this section, the term 
`conflict of interest' means one of the following relationships, 
whether current or former, that would cause a reasonable person with 
knowledge of the relevant facts to question the impartiality of the 
parties to such relationship toward each other:
            ``(1) A business, contractual, or other financial 
        relationship that involves other than a routine consumer 
        transaction.
            ``(2) A familial, member of household, or other close 
        personal relationship, including a social relationship of a 
        romantic or intimate nature.
            ``(3) A direct managerial or supervisory workplace 
        relationship.''.

SEC. 5. EVIDENCE.

    Subsection (a) of section 303 of the Omnibus Diplomatic Security 
and Antiterrorism Act (22 U.S.C. 4833) is amended by adding at the end 
the following new paragraph:
            ``(4) Determination of relevancy.--The Board may accept any 
        evidence determined by a member of the Board to be relevant and 
        material to an investigation or inquiry of the Board. The 
        Federal Rules of Evidence are not applicable to the Board.''.

SEC. 6. BOARD ACTIONS.

    (a) Program Recommendations.--Subsection (b) of section 304 of the 
Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4834) is 
amended to read as follows:
    ``(b) Program Recommendations.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        later than 90 days after a Board is convened in a case, such 
        Board shall submit to the Secretary of State and Congress its 
        findings (which may be classified to the extent determined 
        necessary by the Board), together with recommendations as 
        appropriate to improve the security and efficiency of any 
        program or operation which such Board has reviewed.
            ``(2) Extension.--The 90 day period referred to in 
        paragraph (1) may be extended for up to 60 days if the 
        Chairperson of the Board referred to in such paragraph 
        determines that such additional time is necessary to complete a 
        thorough review of the program or operation at issue.
            ``(3) Dissenting views.--If a member dissents from any of 
        the findings or recommendations of the Board, such member may 
        submit dissenting views to accompany the submission of the 
        Board's findings and recommendations under paragraph (1).''.
    (b) Reports.--Paragraph (1) of subsection (d) of section 304 of the 
Omnibus Diplomatic Security and Antiterrorism Act is amended to read as 
follows:
            ``(1) Program recommendations.--Not later than 90 days 
        after the submission to the Secretary of State of the findings 
        and recommendations from any Board in accordance with 
        subsection (b), the Secretary shall submit to Congress a 
        corresponding report on the action taken with respect to each 
        such recommendation.''.

SEC. 7. REGULATIONS.

    The Secretary of State shall promulgate or update regulations, as 
the case may be, to carry out the amendments made by this Act.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to any 
case of an Accountability Review Board that is convened under section 
301 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 
4831) on or after the date of the enactment of this Act.