II 

113TH CONGRESS 

1ST SESSION S. 1386 

To provide for enhanced embassy security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2013 

Mr. MENENDEZ (for himself and Mr. CORKER) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To provide for enhanced embassy security, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Chris Stevens, Sean Smith, Tyrone Woods, and Glen 

6 Doherty Embassy Security, Threat Mitigation, and Per7 sonnel Protection Act of 2013’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FUNDING AUTHORIZATION AND TRANSFER AUTHORITY 


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Sec. 101. Capital Security Cost Sharing Program. 

Sec. 102. Immediate threat mitigation. 

Sec. 103. Language training. 

Sec. 104. Foreign affairs security training. 

Sec. 105. Transfer authority. 

TITLE II—CONTRACTING AND OTHER MATTERS 

Sec. 201. Local guard contracts abroad under diplomatic security program. 

Sec. 202. Disciplinary action resulting from unsatisfactory leadership in relation to a security incident. 

Sec. 203. Management and staff accountability. 

Sec. 204. Security enhancements for soft targets. 

Sec. 205. Reemployment of annuitants. 

TITLE III—EXPANSION OF THE MARINE CORPS SECURITY GUARD 

DETACHMENT PROGRAM 

Sec. 301. Marine Corps Security Guard Program. 

TITLE IV—REPORTING ON THE IMPLEMENTATION OF THE 

ACCOUNTABILITY REVIEW BOARD RECOMMENDATIONS 

Sec. 401. Department of State implementation of the recommendations provided by the Accountability Review Board convened after the 

September 11–12, 2012, attacks on United States Government 

personnel in Benghazi, Libya. 

Sec. 402. Designation and reporting for high threat, high risk facilities. 

TITLE V—ACCOUNTABILITY REVIEW BOARDS 

Sec. 501. Sense of Congress. 

Sec. 502. Provision of copies of Accountability Review Board reports to Congress. 

Sec. 503. Changes to existing law. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations 

6 of the Senate and the Committee on Foreign Affairs 

7 of the House of Representatives. 

8 (2) FACILITIES.—The term ‘‘facilities’’ encom9 passes embassies, consulates, expeditionary diplo10 matic facilities, and any other diplomatic facilities, 


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1 not in the United States, including those that are in2 tended for temporary use. 

3 TITLE I—FUNDING AUTHORIZA4 TION AND TRANSFER AU5 THORITY 

6 SEC. 101. CAPITAL SECURITY COST SHARING PROGRAM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated for fiscal year 2014 for the 

9 Department of State $1,383,000,000, to be available until 

10 expended, for the Capital Security Cost Sharing Program, 

11 authorized by section 604(e) of the Secure Embassy Con12 struction and Counterterrorism Act of 1999 (title VI of 

13 division A of H.R. 3427, as enacted into law by section 

14 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A– 

15 453; 22 U.S.C. 4865 note). 

16 (b) SENSE OF CONGRESS ON THE CAPITAL SECURITY

17 COST SHARING PROGRAM.—It is the sense of Congress 

18 that— 

19 (1) the Capital Security Cost Sharing Program 

20 should prioritize the construction of new facilities 

21 and the maintenance of existing facilities in high 

22 threat, high risk areas in addition to addressing im23 mediate threat mitigation as set forth in section 

24 102; and 


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1 (2) all United States Government agencies are 

2 required to pay into the Capital Security Cost Shar3 ing Program a percentage of total costs determined 

4 by interagency agreements, in order to address im5 mediate threat mitigation needs and increase funds 

6 for the Capital Security Cost Sharing Program for 

7 fiscal year 2014, including to address inflation and 

8 increased construction costs. 

9 (c) RESTRICTION ON CONSTRUCTION OF OFFICE

10 SPACE.—Section 604(e)(2) of the Secure Embassy Con11 struction and Counterterrorism Act of 1999 (title VI of 

12 division A of H.R. 3427, as enacted into law by section 

13 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A– 

14 453; 22 U.S.C. 4865 note) is amended by adding at the 

15 end the following: ‘‘A project to construct a diplomatic fa16 cility of the United States may not include office space 

17 or other accommodations for an employee of a Federal 

18 agency or department if the Secretary of State determines 

19 that such department or agency has not provided to the 

20 Department of State the full amount of funding required 

21 by paragraph (1), except that such project may include 

22 office space or other accommodations for members of the 

23 United States Marine Corps. Funding appropriated for 

24 Overseas Contingency Operations for Worldwide Security 

25 Upgrades shall be considered to be part of the Department 


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1 of State’s Capital Security Cost Sharing Program pay2 ment, and, subject to annual appropriations, shall be sub3 ject to the funding requirements in paragraph (1).’’. 

4 SEC. 102. IMMEDIATE THREAT MITIGATION. 

5 (a) ALLOCATION OF AUTHORIZED APPROPRIA6 TIONS.—In addition to any funds otherwise made available 

7 for such purposes, the Department of State shall, notwith8 standing any other provision of law except as provided in 

9 subsection (d), use $300,000,000 of the funding provided 

10 in section 101 for immediate threat mitigation projects, 

11 with priority given to facilities determined to be ‘‘high 

12 threat, high risk’’ pursuant to section 402. 

13 (b) ALLOCATION OF FUNDING.—In allocating fund14 ing for threat mitigation projects, the Secretary of State 

15 shall prioritize funding for— 

16 (1) the construction of safeguards that provide 

17 immediate security benefits; 

18 (2) the purchasing of additional security equip19 ment, including additional defensive weaponry; 

20 (3) the paying of expenses of additional security 

21 forces, with an emphasis on funding United States 

22 security forces where practicable; and 

23 (4) any other purposes necessary to mitigate 

24 immediate threats to United States personnel serv25 ing overseas. 


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1 (c) TRANSFER.—The Secretary may transfer and 

2 merge funds authorized under subsection (a) to any appro3 priation account of the Department of State for the pur4 pose of carrying out the threat mitigation projects de5 scribed in subsection (b). 

6 (d) USE OF FUNDS FOR OTHER PURPOSES.—Not7 withstanding the allocation requirement under subsection 

8 (a), funds subject to such requirement may be used for 

9 other authorized purposes of the Capital Security Cost 

10 Sharing Program if, not later than 15 days prior to such 

11 use, the Secretary certifies in writing to the appropriate 

12 congressional committees that— 

13 (1) high threat, high risk facilities are being se14 cured to the best of the United States Government’s 

15 ability; and 

16 (2) the Secretary of State will make funds 

17 available from the Capital Security Cost Sharing 

18 Program or other sources to address any changed 

19 security threats or risks, or new or emergent secu20 rity needs, including immediate threat mitigation. 

21 SEC. 103. LANGUAGE TRAINING. 

22 (a) IN GENERAL.—Title IV of the Omnibus Diplo23 matic Security and Antiterrorism Act of 1986 (22 U.S.C. 

24 4851 et seq.) is amended by adding at the end the fol25 lowing new section: 


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1 ‘‘SEC. 416. LANGUAGE REQUIREMENTS FOR DIPLOMATIC 

2 SECURITY PERSONNEL ASSIGNED TO HIGH 

3 THREAT, HIGH RISK POSTS. 

4 ‘‘(a) IN GENERAL.—Diplomatic security personnel 

5 assigned permanently to, or who are serving in, long-term 

6 temporary duty status as designated by the Secretary of 

7 State at a high threat, high risk post should receive lan8 guage training described in subsection (b) in order to pre9 pare such personnel for duty requirements at such post. 

10 ‘‘(b) LANGUAGE TRAINING DESCRIBED.—Language 

11 training referred to in subsection (a) should prepare per12 sonnel described in such subsection— 

13 ‘‘(1) to speak the language at issue with suffi14 cient structural accuracy and vocabulary to partici15 pate effectively in most formal and informal con16 versations on subjects germane to security; and 

17 ‘‘(2) to read within an adequate range of speed 

18 and with almost complete comprehension on subjects 

19 germane to security.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated $5,000,000 annually for fis22 cal years 2014 and 2015 to carry out this section. 

23 (c) INSPECTOR GENERAL REVIEW.—The Inspector 

24 General of the Department of State and Broadcasting 

25 Board of Governors shall, at the end of fiscal years 2014 

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1 ant to this section and make the results of such reviews 

2 available to the Secretary of State and the appropriate 

3 congressional committees. 

4 SEC. 104. FOREIGN AFFAIRS SECURITY TRAINING. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) Department of State employees and their 

8 families deserve improved and efficient programs 

9 and facilities for high threat training and training 

10 on risk management decision processes; 

11 (2) improved and efficient high threat, high risk 

12 training is consistent with the Benghazi Account13 ability Review Board (ARB) recommendation num14 ber 17; 

15 (3) improved and efficient security training 

16 should take advantage of training synergies that al17 ready exist, like training with, or in close proximity 

18 to, Fleet Antiterrorism Security Teams (FAST), 

19 special operations forces, or other appropriate mili20 tary and security assets; and 

21 (4) the Secretary of State should undertake 

22 temporary measures, including leveraging the avail23 ability of existing government and private sector 

24 training facilities, to the extent appropriate to meet 


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1 the critical security training requirements of the De2 partment of State. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Department of State 

5 $100,000,000 for improved high threat, high risk security 

6 training, including— 

7 (1) expanding existing government training fa8 cilities; and 

9 (2) utilizing other government or private sector 

10 facilities to meet critical security training require11 ments. 

12 (c) ADDITIONAL AUTHORIZATION OF APPROPRIA13 TIONS.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated $350,000,000 for the acquisition, con16 struction, and operation of a new Foreign Affairs 

17 Security Training Center, subject to the certification 

18 requirement in paragraph (2). 

19 (2) REQUIRED CERTIFICATION.—Not later than 

20 15 days prior to the obligation or expenditure of any 

21 funds authorized to be appropriated pursuant to 

22 paragraph (1), the President shall certify to the ap23 propriate congressional committees that the acquisi24 tion, construction, and operation of a new Foreign 


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1 Affairs Security Training Center is necessary to 

2 meet high threat security training requirements. 

3 (3) EFFECT OF CERTIFICATION.—If the certifi4 cation in paragraph (2) is made— 

5 (A) up to $100,000,000 of the funds au6 thorized to be appropriated under subsection 

7 (b) shall also be authorized for the purposes set 

8 forth in paragraph (1); or 

9 (B) up to $100,000,000 of funds available 

10 for the acquisition, construction, or operation of 

11 Department of State facilities may be trans12 ferred and used for the purposes set forth in 

13 paragraph (1). 

14 (d) USE OF FUNDS APPROPRIATED UNDER THE

15 AMERICAN REINVESTMENT AND RECOVERY ACT OF

16 2009.—Of the funds appropriated to the Department of 

17 State under title XI of the American Reinvestment and 

18 Recovery Act of 2009 (Public Law 111–5), $54,545,177 

19 is to remain available until September 30, 2016, for activi20 ties consistent with subsections (b) and (c). 

21 SEC. 105. TRANSFER AUTHORITY. 

22 Section 4 of the Foreign Service Buildings Act of 

23 1926 (22 U.S.C. 295) is amended by adding at the end 

24 the following new subsections: 


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1 ‘‘(j)(1) In addition to exercising any other transfer 

2 authority available to the Secretary of State, and subject 

3 to subsection (k), the Secretary may transfer to, and 

4 merge with, any appropriation for embassy security, con5 struction, and maintenance such amounts appropriated for 

6 any other purpose related to diplomatic and consular pro7 grams on or after October 1, 2013, as the Secretary deter8 mines are necessary to provide for the security of sites 

9 and buildings in foreign countries under the jurisdiction 

10 and control of the Secretary. 

11 ‘‘(2) Any funds transferred under the authority pro12 vided in paragraph (1) shall be merged with funds in the 

13 heading to which transferred, and shall be available sub14 ject to the same terms and conditions as the funds with 

15 which merged. 

16 ‘‘(k) Not later than 15 days before any transfer of 

17 funds under subsection (j), the Secretary shall notify the 

18 Committees on Foreign Relations and Appropriations of 

19 the Senate and the Committees on Foreign Affairs and 

20 Appropriations of the House of Representatives.’’. 


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1 TITLE II—CONTRACTING AND 

2 OTHER MATTERS 

3 SEC. 201. LOCAL GUARD CONTRACTS ABROAD UNDER DIP4 LOMATIC SECURITY PROGRAM. 

5 (a) IN GENERAL.—Section 136(c)(3) of the Foreign 

6 Relations Authorization Act, Fiscal Years 1990 and 1991 

7 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 

8 ‘‘(3) in evaluating proposals for such contracts, 

9 award contracts to technically acceptable firms offer10 ing the lowest evaluated price, except that— 

11 ‘‘(A) the Secretary may award contracts on 

12 the basis of best value (as determined by a cost13 technical tradeoff analysis); and 

14 ‘‘(B) proposals received from United 

15 States persons and qualified United States joint 

16 venture persons shall be evaluated by reducing 

17 the bid price by 10 percent;’’. 

18 (b) REPORT.—Not later than 1 year after the date 

19 of the enactment of this Act, the Secretary shall submit 

20 to the Committee on Foreign Relations of the Senate and 

21 the Committee on Foreign Affairs of the House of Rep22 resentatives a report that includes— 

23 (1) an explanation of the implementation of 

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1 tions Authorization Act, Fiscal Years 1990 and 

2 1991, as amended by subsection (a); and 

3 (2) for each instance in which an award is 

4 made pursuant to subparagraph (A) of such para5 graph, as so amended, a written justification and ap6 proval, providing the basis for such award and an 

7 explanation of the inability to satisfy the needs of 

8 the Department of State by technically acceptable, 

9 lowest price evaluation award. 

10 SEC. 202. DISCIPLINARY ACTION RESULTING FROM UNSAT11 ISFACTORY LEADERSHIP IN RELATION TO A 

12 SECURITY INCIDENT. 

13 Section 304(c) of the Diplomatic Security Act (22 

14 U.S.C. 4834 (c)) is amended— 

15 (1) by redesignating paragraphs (1), (2), and 

16 (3) as subparagraphs (A), (B), and (C), respectively, 

17 and moving such subparagraphs, as so redesignated, 

18 2 ems to the right; 

19 (2) by striking ‘‘RECOMMENDATIONS’’ and in20 serting the following: ‘‘RECOMMENDATIONS.— 

21 ‘‘(1) IN GENERAL.—Whenever’’; and 

22 (3) by inserting at the end the following new 

23 paragraph: 

24 ‘‘(2) CERTAIN SECURITY INCIDENTS.—Unsatis25 factory leadership by a senior official with respect to 


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1 a security incident involving loss of life, serious in2 jury, or significant destruction of property at or re3 lated to a United States Government mission abroad 

4 may be grounds for disciplinary action. If a Board 

5 finds reasonable cause to believe that a senior offi6 cial provided such unsatisfactory leadership, the 

7 Board may recommend disciplinary action subject to 

8 the procedures in paragraph (1).’’. 

9 SEC. 203. MANAGEMENT AND STAFF ACCOUNTABILITY. 

10 (a) AUTHORITY OF SECRETARY OF STATE.—Nothing 

11 in this Act or any other provision of law shall be construed 

12 to prevent the Secretary of State from using all authorities 

13 invested in the office of Secretary to take personnel action 

14 against any employee or official of the Department of 

15 State that the Secretary determines has breached the duty 

16 of that individual or has engaged in misconduct or unsatis17 factorily performed the duties of employment of that indi18 vidual, and such misconduct or unsatisfactory perform19 ance has significantly contributed to the serious injury, 

20 loss of life, or significant destruction of property, or a seri21 ous breach of security, even if such action is the subject 

22 of an Accountability Review Board’s examination under 

23 section 304(a) of the Diplomatic Security Act (22 U.S.C. 

24 4834(a)). 


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1 (b) ACCOUNTABILITY.—Section 304 of the Diplo2 matic Security Act (22 U.S.C. 4834) is amended— 

3 (1) in subsection (c), by inserting after 

4 ‘‘breached the duty of that individual’’ the following: 

5 ‘‘or has engaged in misconduct or unsatisfactorily 

6 performed the duties of employment of that indi7 vidual, and such misconduct or unsatisfactory per8 formance has significantly contributed to the serious 

9 injury, loss of life, or significant destruction of prop10 erty, or the serious breach of security that is the 

11 subject of the Board’s examination as described in 

12 subsection (a),’’; 

13 (2) by redesignating subsection (d) as sub14 section (e); and 

15 (3) by inserting after subsection (c) the fol16 lowing new subsection: 

17 ‘‘(d) MANAGEMENT ACCOUNTABILITY.—Whenever a 

18 Board determines that an individual has engaged in any 

19 conduct addressed in subsection (c), the Board shall evalu20 ate the level and effectiveness of management and over21 sight conducted by employees or officials in the manage22 ment chain of such individual.’’. 

23 SEC. 204. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

24 Section 29 of the State Department Basic Authorities 

25 Act of 1956 (22 U.S.C. 2701) is amended in the third 


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1 sentence by inserting ‘‘physical security enhancements 

2 and’’ after ‘‘Such assistance may include’’. 

3 SEC. 205. REEMPLOYMENT OF ANNUITANTS. 

4 Section 824(g) of the Foreign Service Act of 1980 

5 (22 U.S.C. 4064(g)) is amended— 

6 (1) in paragraph (1)(B), by striking ‘‘to facili7 tate the’’ and all that follows through ‘‘Afghanistan, 

8 if’’ and inserting ‘‘to facilitate the assignment of 

9 persons to high threat, high risk posts or to posts 

10 vacated by members of the Service assigned to high 

11 threat, high risk posts, if’’; 

12 (2) by amending paragraph (2) to read as fol13 lows: 

14 ‘‘(2) The Secretary shall submit to the Committee on 

15 Foreign Relations of the Senate and the Committee on 

16 Foreign Affairs of the House of Representatives a report 

17 on the incurred costs over the prior fiscal year of the total 

18 compensation and benefit payments to annuitants reem19 ployed by the Department pursuant to this section.’’; and 

20 (3) by adding after paragraph (3) the following 

21 paragraphs: 

22 ‘‘(4) In the event that an annuitant qualified for com23 pensation or payments pursuant to this subsection subse24 quently transfers to a position for which the annuitant 

25 would not qualify for a waiver under this subsection, the 


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1 Secretary may no longer waive the application of sub2 sections (a) through (d) with respect to such annuitant. 

3 ‘‘(5) The authority of the Secretary to waive the ap4 plication of subsections (a) through (d) for an annuitant 

5 pursuant to this subsection shall terminate on October 1, 

6 2019.’’. 

7 TITLE III—EXPANSION OF THE 

8 MARINE CORPS SECURITY 

9 GUARD DETACHMENT PRO10 GRAM 

11 SEC. 301. MARINE CORPS SECURITY GUARD PROGRAM. 

12 (a) IN GENERAL.—Pursuant to the responsibility of 

13 the Secretary of State for diplomatic security under sec14 tion 103 of the Diplomatic Security Act (22 U.S.C. 4802), 

15 the Secretary of State, in consultation with the Secretary 

16 of Defense, shall— 

17 (1) develop and implement a plan to incor18 porate the additional Marine Corps Security Guard 

19 personnel authorized pursuant to section 404 of the 

20 National Defense Authorization Act for Fiscal Year 

21 2013 (Public Law 112–239; 10 U.S.C. 5983 note) 

22 at United States embassies, consulates, and other 

23 facilities; and 

24 (2) conduct an annual review of the Marine 

25 Corps Security Guard Program, including— 


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1 (A) an evaluation of whether the size and 

2 composition of the Marine Corps Security 

3 Guard Program is adequate to meet global dip4 lomatic security requirements; 

5 (B) an assessment of whether Marine 

6 Corps security guards are appropriately de7 ployed among facilities to respond to evolving 

8 security developments and potential threats to 

9 United States interests abroad; and 

10 (C) an assessment of the mission objectives 

11 of the Marine Corps Security Guard Program 

12 and the procedural rules of engagement to pro13 tect diplomatic personnel under the Program. 

14 (b) REPORTING REQUIREMENT.—Not later than 180 

15 days after the date of the enactment of this Act, and annu16 ally thereafter for three years, the Secretary of State, in 

17 consultation with the Secretary of Defense, shall submit 

18 to the appropriate congressional committees an unclassi19 fied report, with a classified annex as necessary, that ad20 dresses the requirements set forth in subsection (a)(2). 


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1 TITLE IV—REPORTING ON THE 

2 IMPLEMENTATION OF THE 

3 ACCOUNTABILITY REVIEW 

4 BOARD RECOMMENDATIONS 

5 SEC. 401. DEPARTMENT OF STATE IMPLEMENTATION OF 

6 THE RECOMMENDATIONS PROVIDED BY THE 

7 ACCOUNTABILITY REVIEW BOARD CON8 VENED AFTER THE SEPTEMBER 11–12, 2012, 

9 ATTACKS ON UNITED STATES GOVERNMENT 

10 PERSONNEL IN BENGHAZI, LIBYA. 

11 (a) REPORT REQUIRED.—Not later than 90 days 

12 after the date of the enactment of this Act, the Secretary 

13 of State shall submit to the appropriate congressional 

14 committees an unclassified report, with a classified annex, 

15 on the implementation by the Department of State of the 

16 recommendations of the Accountability Review Board con17 vened pursuant to title III of the Omnibus Diplomatic and 

18 Antiterrorism Act of 1986 (22 U.S.C. 4831 et seq.) to 

19 examine the facts and circumstances surrounding the Sep20 tember 11–12, 2012, killings of four United States Gov21 ernment personnel in Benghazi, Libya. 

22 (b) CONTENT.—The report required under subsection 

23 (a) shall include the following elements: 

24 (1) An assessment of the overall state of the 

25 Department of State’s diplomatic security to respond 


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1 to the evolving global threat environment, and the 

2 broader steps the Department of State is taking to 

3 improve the security of United States diplomatic 

4 personnel in the aftermath of the Accountability Re5 view Board Report. 

6 (2) A description of the specific steps taken by 

7 the Department of State to address each of the 29 

8 recommendations contained in the Accountability 

9 Review Board Report, including— 

10 (A) an assessment of whether implementa11 tion of each recommendation is ‘‘complete’’ or 

12 is still ‘‘in progress’’; and 

13 (B) if the Secretary of State determines 

14 not to fully implement any of the 29 rec15 ommendations in the Accountability Review 

16 Board Report, a thorough explanation as to 

17 why such a decision was made. 

18 (3) An enumeration and assessment of any sig19 nificant challenges that have slowed or interfered 

20 with the Department of State’s implementation of 

21 the Accountability Review Board recommendations, 

22 including— 

23 (A) a lack of funding or resources made 

24 available to the Department of State; 


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1 (B) restrictions imposed by current law 

2 that in the Secretary of State’s judgment 

3 should be amended; and 

4 (C) difficulties caused by a lack of coordi5 nation between the Department of State and 

6 other United States Government agencies. 

7 SEC. 402. DESIGNATION AND REPORTING FOR HIGH 

8 THREAT, HIGH RISK FACILITIES. 

9 (a) REPORT REQUIRED.—Not later than 90 days 

10 after the date of the enactment of this Act, and annually 

11 thereafter, the Secretary of State shall submit to the ap12 propriate congressional committees a classified report, 

13 with an unclassified summary, evaluating Department of 

14 State facilities that the Secretary of State determines to 

15 be ‘‘high threat, high risk’’ in accordance with subsection 

16 (c). 

17 (b) CONTENT.—For each facility determined to be 

18 ‘‘high threat, high risk’’ pursuant to subsection (a), the 

19 report submitted under such subsection shall also in20 clude— 

21 (1) a narrative assessment describing the secu22 rity threats and risks facing posts overseas and the 

23 overall threat level to United States personnel under 

24 chief of mission authority; 


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1 (2) the number of diplomatic security per2 sonnel, Marine Corps security guards, and other De3 partment of State personnel dedicated to providing 

4 security for United States personnel, information, 

5 and facilities; 

6 (3) an assessment of host nation willingness 

7 and capability to provide protection in the event of 

8 a security threat or incident, pursuant to the obliga9 tions of the United States under the Vienna Conven10 tion on Consular Relations, done at Vienna April 24, 

11 1963, and the 1961 Vienna Convention on Diplo12 matic Relations, done at Vienna April 18, 1961; 

13 (4) an assessment of the quality and experience 

14 level of the team of United States senior security 

15 personnel assigned to the facility, considering collec16 tively the assignment durations and lengths of gov17 ernment experience; 

18 (5) the number of Foreign Service Officers who 

19 have received Foreign Affairs Counter Threat train20 ing; 

21 (6) a summary of the requests made during the 

22 previous calendar year for additional resources, 

23 equipment, or personnel related to the security of 

24 the facility and the status of such requests; 


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1 (7) an assessment of the ability of United 

2 States personnel to respond to and survive a fire at3 tack, including— 

4 (A) whether the facility has adequate fire 

5 safety and security equipment for safehavens 

6 and safe areas; and 

7 (B) whether the employees working at the 

8 facility have been adequately trained on the 

9 equipment available; 

10 (8) for each new facility that is opened, a de11 tailed description of the steps taken to provide secu12 rity for the new facility, including whether a dedi13 cated support cell was established in the Department 

14 of State to ensure proper and timely resourcing of 

15 security; and 

16 (9) a listing of any ‘‘high-threat, high-risk’’ fa17 cilities where the Department of State and other 

18 government agencies’ facilities are not collocated in19 cluding— 

20 (A) a rationale for the lack of collocation; 

21 and 

22 (B) a description of what steps, if any, are 

23 being taken to mitigate potential security 

24 vulnerabilities associated with the lack of col25 location. 


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1 (c) DETERMINATION OF HIGH THREAT, HIGH RISK

2 FACILITY.—In determining what facilities constitute 

3 ‘‘high threat, high risk facilities’’ under this section, the 

4 Secretary shall take into account with respect to each fa5 cility whether there are— 

6 (1) high to critical levels of political violence or 

7 terrorism; 

8 (2) national or local governments with inad9 equate capacity or political will to provide appro10 priate protection; and 

11 (3) in locations where there are high to critical 

12 levels of political violence or terrorism or national or 

13 local governments lack the capacity or political will 

14 to provide appropriate protection— 

15 (A) mission physical security platforms 

16 that fall well below the Department of State’s 

17 established standards; or 

18 (B) security personnel levels that are in19 sufficient for the circumstances. 

20 (d) INSPECTOR GENERAL REVIEW AND REPORT.— 

21 The Inspector General for the Department of State and 

22 the Broadcasting Board of Governors shall, on an annual 

23 basis— 

24 (1) review the determinations of the Depart25 ment of State with respect to high threat, high risk 


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1 facilities, including the basis for making such deter2 minations; 

3 (2) review contingency planning for high threat, 

4 high risk facilities and evaluate the measures in 

5 place to respond to attacks on such facilities; 

6 (3) review the risk mitigation measures in place 

7 at high threat, high risk facilities to determine how 

8 the Department of State evaluates risk and whether 

9 the measures put in place sufficiently address the 

10 relevant risks; 

11 (4) review early warning systems in place at 

12 high threat, high risk facilities and evaluate the 

13 measures being taken to preempt and disrupt 

14 threats to such facilities; and 

15 (5) provide to the appropriate congressional 

16 committees an assessment of the determinations of 

17 the Department of State with respect to high threat, 

18 high risk facilities, including recommendations for 

19 additions or changes to the list of such facilities, and 

20 a report regarding the reviews and evaluations un21 dertaken pursuant to paragraphs (1) through (4) 

22 and this paragraph. 


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1 TITLE V—ACCOUNTABILITY 

2 REVIEW BOARDS 

3 SEC. 501. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the Accountability Review Board mechanism 

6 as outlined in section 302 of the Omnibus Diplo7 matic Security and Antiterrorism Act (22 U.S.C. 

8 4832) is an effective tool to collect information 

9 about and evaluate adverse incidents that occur in a 

10 world that is increasingly complex and dangerous for 

11 United States diplomatic personnel; and 

12 (2) the Accountability Review Board should 

13 provide information and analysis that will assist the 

14 Secretary, the President, and Congress in deter15 mining what contributed to an adverse incident as 

16 well as what new measures are necessary in order to 

17 prevent the recurrence of such incidents. 

18 SEC. 502. PROVISION OF COPIES OF ACCOUNTABILITY RE19 VIEW BOARD REPORTS TO CONGRESS. 

20 Not later than 2 days after an Accountability Review 

21 Board provides its report to the Secretary of State in ac22 cordance with title III of the Omnibus Diplomatic and 

23 Antiterrorism Act of 1986 (22 U.S.C. 4831 et seq.), the 

24 Secretary shall provide copies of the report to the approVerDate Mar 15 2010 23:38 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 priate congressional committees for retention and review 

2 by those committees. 

3 SEC. 503. CHANGES TO EXISTING LAW. 

4 (a) MEMBERSHIP.—Section 302(a) of the Omnibus 

5 Diplomatic Security and Antiterrorism Act (22 U.S.C. 

6 4832(a)) is amended by inserting ‘‘one of which shall be 

7 the Inspector General of the Department of State and the 

8 Broadcasting Board of Governors,’’ after ‘‘4 appointed by 

9 the Secretary of State,’’. 

10 (b) STAFF.—Section 302(b)(2) of the Omnibus Dip11 lomatic Security and Antiterrorism Act (22 U.S.C. 

12 4832(b)(2)) is amended by adding at the end the fol13 lowing: ‘‘Such persons shall be drawn from bureaus or 

14 other agency sub-units that are not impacted by the inci15 dent that is the subject of the Board’s review.’’. 

Æ 


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