II 

Calendar No. 257 

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, Mr. CORKER, and Mrs. FEINSTEIN) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

DECEMBER 9, 2013 

Reported by Mr. MENENDEZ, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1386 RS

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FUNDING AUTHORIZATION AND TRANSFER AUTHORITY 

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. 

Sec. 403. Designation and reporting for high-risk counterintelligence threat posts. 

Sec. 404. Comptroller General report on implementation of Benghazi Accountability Review Board recommendations. 

Sec. 405. Security Environment Threat List briefings. 

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. 

TITLE VI—OTHER MATTERS 

Sec. 601. Enhanced qualifications for Deputy Assistant Secretary of State for 

High Threat, High Risk Posts. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1386 RS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Relations 

4 of the Senate and the Committee on Foreign Affairs 

5 of the House of Representatives. 

6 (2) FACILITIES.—The term ‘‘facilities’’ encom7 passes embassies, consulates, expeditionary diplo8 matic facilities, and any other diplomatic facilities, 

9 not in the United States, including those that are in10 tended for temporary use. 

11 TITLE I—FUNDING AUTHORIZA12 TION AND TRANSFER AU13 THORITY 

14 SEC. 101. CAPITAL SECURITY COST SHARING PROGRAM. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated for fiscal year 2014 for the 

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

18 expended, for the Capital Security Cost Sharing Program, 

19 authorized by section 604(e) of the Secure Embassy Con20 struction and Counterterrorism Act of 1999 (title VI of 

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

22 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A– 

23 453; 22 U.S.C. 4865 note). 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 1386 RS

1 (b) SENSE OF CONGRESS ON THE CAPITAL SECURITY

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

3 that— 

4 (1) the Capital Security Cost Sharing Program 

5 should prioritize the construction of new facilities 

6 and the maintenance of existing facilities in high 

7 threat, high risk areas in addition to addressing im8 mediate threat mitigation as set forth in section 

9 102, and should take into consideration the priorities 

10 of other government agencies that are contributing to 

11 the Capital Security Cost Sharing Program when re12 placing or upgrading diplomatic facilities; and 

13 (2) all United States Government agencies are 

14 required to pay into the Capital Security Cost Shar15 ing Program a percentage of total costs determined 

16 by interagency agreements, in order to address im17 mediate threat mitigation needs and increase funds 

18 for the Capital Security Cost Sharing Program for 

19 fiscal year 2014, including to address inflation and 

20 increased construction costs. 

21 (c) RESTRICTION ON CONSTRUCTION OF OFFICE

22 SPACE.—Section 604(e)(2) of the Secure Embassy Con23 struction and Counterterrorism Act of 1999 (title VI of 

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

25 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A– 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 1386 RS

1 453; 22 U.S.C. 4865 note) is amended by adding at the 

2 end the following: ‘‘A project to construct a diplomatic fa3 cility of the United States may not include office space 

4 or other accommodations for an employee of a Federal 

5 agency or department if the Secretary of State determines 

6 that such department or agency has not provided to the 

7 Department of State the full amount of funding required 

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

9 office space or other accommodations for members of the 

10 United States Marine Corps. Funding appropriated for 

11 Overseas Contingency Operations for Worldwide Security 

12 Upgrades shall be considered to be part of the Department 

13 of State’s Capital Security Cost Sharing Program pay14 ment, and, subject to annual appropriations, shall be sub15 ject to the funding requirements in paragraph (1).’’. 

16 SEC. 102. IMMEDIATE THREAT MITIGATION. 

17 (a) ALLOCATION OF AUTHORIZED APPROPRIA18 TIONS.—In addition to any funds otherwise made available 

19 for such purposes, the Department of State shall, notwith20 standing any other provision of law except as provided in 

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

22 in section 101 for immediate threat mitigation projects, 

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

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


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 1386 RS

1 (b) ALLOCATION OF FUNDING.—In allocating fund2 ing for threat mitigation projects, the Secretary of State 

3 shall prioritize funding for— 

4 (1) the construction of safeguards that provide 

5 immediate security benefits; 

6 (2) the purchasing of additional security equip7 ment, including additional defensive weaponry; 

8 (3) the paying of expenses of additional security 

9 forces, with an emphasis on funding United States 

10 security forces where practicable; and 

11 (4) any other purposes necessary to mitigate 

12 immediate threats to United States personnel serv13 ing overseas. 

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

15 merge funds authorized under subsection (a) to any appro16 priation account of the Department of State for the pur17 pose of carrying out the threat mitigation projects de18 scribed in subsection (b). 

19 (d) USE OF FUNDS FOR OTHER PURPOSES.—Not20 withstanding the allocation requirement under subsection 

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

22 other authorized purposes of the Capital Security Cost 

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

24 use, the Secretary certifies in writing to the appropriate 

25 congressional committees that— 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 1386 RS

1 (1) high threat, high risk facilities are being se2 cured to the best of the United States Government’s 

3 ability; and 

4 (2) the Secretary of State will make funds 

5 available from the Capital Security Cost Sharing 

6 Program or other sources to address any changed 

7 security threats or risks, or new or emergent secu8 rity needs, including immediate threat mitigation. 

9 SEC. 103. LANGUAGE TRAINING. 

10 (a) IN GENERAL.—Title IV of the Omnibus Diplo11 matic Security and Antiterrorism Act of 1986 (22 U.S.C. 

12 4851 et seq.) is amended by adding at the end the fol13 lowing new section: 

14 ‘‘SEC. 416. LANGUAGE REQUIREMENTS FOR DIPLOMATIC 

15 SECURITY PERSONNEL ASSIGNED TO HIGH 

16 THREAT, HIGH RISK POSTS. 

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

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

19 temporary duty status as designated by the Secretary of 

20 State at a high threat, high risk post should receive lan21 guage training described in subsection (b) in order to pre22 pare such personnel for duty requirements at such post. 

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

24 training referred to in subsection (a) should prepare per25 sonnel described in such subsection— 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 1386 RS

1 ‘‘(1) to speak the language at issue with suffi2 cient structural accuracy and vocabulary to partici3 pate effectively in most formal and informal con4 versations on subjects germane to security; and 

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

6 and with almost complete comprehension on subjects 

7 germane to security.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated $5,000,000 annually for fis10 cal years 2014 and 2015 to carry out this section. 

11 (c) INSPECTOR GENERAL REVIEW.—The Inspector 

12 General of the Department of State and Broadcasting 

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

14 and 2015, review the language training conducted pursu15 ant to this section and make the results of such reviews 

16 available to the Secretary of State and the appropriate 

17 congressional committees. 

18 SEC. 104. FOREIGN AFFAIRS SECURITY TRAINING. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) Department of State employees and their 

22 families deserve improved and efficient programs 

23 and facilities for high threat training and training 

24 on risk management decision processes; 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 1386 RS

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

2 training is consistent with the Benghazi Account3 ability Review Board (ARB) recommendation num4 ber 17; 

5 (3) improved and efficient security training 

6 should take advantage of training synergies that al7 ready exist, like training with, or in close proximity 

8 to, Fleet Antiterrorism Security Teams (FAST), 

9 special operations forces, or other appropriate mili10 tary and security assets; and 

11 (4) the Secretary of State should undertake 

12 temporary measures, including leveraging the avail13 ability of existing government and private sector 

14 training facilities, to the extent appropriate to meet 

15 the critical security training requirements of the De16 partment of State. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated for the Department of State 

19 $100,000,000 for improved high threat, high risk security 

20 training, including— 

21 (1) expanding existing government training fa22 cilities; and 

23 (2) utilizing other government or private sector 

24 facilities to meet critical security training require25 ments. 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 1386 RS

1 (c) ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS.— 

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

4 appropriated $350,000,000 for the acquisition, con5 struction, and operation of a new Foreign Affairs 

6 Security Training Center, subject to the certification 

7 requirement in paragraph (2). 

8 (2) REQUIRED CERTIFICATION.—Not later than 

9 15 days prior to the obligation or expenditure of any 

10 funds authorized to be appropriated pursuant to 

11 paragraph (1), the President shall certify to the ap12 propriate congressional committees that the acquisi13 tion, construction, and operation of a new Foreign 

14 Affairs Security Training Center is necessary to 

15 meet high threat security training requirements. 

16 (3) EFFECT OF CERTIFICATION.—If the certifi17 cation in paragraph (2) is made— 

18 (A) up to $100,000,000 of the funds au19 thorized to be appropriated under subsection 

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

21 forth in paragraph (1); or 

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

23 for the acquisition, construction, or operation of 

24 Department of State facilities may be transVerDate Mar 15 2010 23:36 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1386.RS S1386

smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 1386 RS

1 ferred and used for the purposes set forth in 

2 paragraph (1). 

3 (d) USE OF FUNDS APPROPRIATED UNDER THE

4 AMERICAN REINVESTMENT AND RECOVERY ACT OF

5 2009.—Of the funds appropriated to the Department of 

6 State under title XI of the American Reinvestment and 

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

8 is to remain available until September 30, 2016, for activi9 ties consistent with subsections (b) and (c). 

10 SEC. 104. FOREIGN AFFAIRS SECURITY TRAINING. 

11 (a) SENSE OF CONGRESS.—It is the sense of Congress 

12 that— 

13 (1) Department of State employees and their 

14 families deserve improved and efficient programs and 

15 facilities for high threat training and training on 

16 risk management decision processes; 

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

18 training is consistent with the Benghazi Account19 ability Review Board (ARB) recommendation number 

20 17; 

21 (3) improved and efficient security training 

22 should take advantage of training synergies that al23 ready exist, like training with, or in close proximity 

24 to, Fleet Antiterrorism Security Teams (FAST), speVerDate Mar 15 2010 23:36 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1386.RS S1386

smartinez on DSK6TPTVN1PROD with BILLS
12 

•S 1386 RS

1 cial operations forces, or other appropriate military 

2 and security assets; and 

3 (4) the Secretary of State should undertake tem4 porary measures, including leveraging the avail5 ability of existing government and private sector 

6 training facilities, to the extent appropriate to meet 

7 the critical security training requirements of the De8 partment of State. 

9 (b) AUTHORIZATION OF APPROPRIATIONS FOR IMME10 DIATE SECURITY TRAINING FOR HIGH THREAT, HIGH

11 RISK ENVIRONMENTS.—There is authorized to be appro12 priated for the Department of State $100,000,000 for im13 proved immediate security training for high threat, high 

14 risk security environments, including through the utiliza15 tion of government or private sector facilities to meet crit16 ical security training requirements. 

17 (c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS

18 FOR LONG-TERM SECURITY TRAINING FOR HIGH THREAT, 

19 HIGH RISK ENVIRONMENTS.— 

20 (1) IN GENERAL.—There is authorized to be ap21 propriated $350,000,000 for the acquisition, construc22 tion, and operation of a new Foreign Affairs Security 

23 Training Center or expanding existing government 

24 training facilities, subject to the certification require25 ment in paragraph (2). 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•S 1386 RS

1 (2) REQUIRED CERTIFICATION.—Not later than 

2 15 days prior to the obligation or expenditure of any 

3 funds authorized to be appropriated pursuant to 

4 paragraph (1), the President shall certify to the ap5 propriate congressional committees that the acquisi6 tion, construction, and operation of a new Foreign 

7 Affairs Security Training Center, or the expansion of 

8 existing government training facilities, is necessary to 

9 meet long-term security training requirements for 

10 high threat, high risk environments. 

11 (3) EFFECT OF CERTIFICATION.—If the certifi12 cation in paragraph (2) is made— 

13 (A) up to $100,000,000 of the funds author14 ized to be appropriated under subsection (b) 

15 shall also be authorized for the purposes set forth 

16 in paragraph (1); or 

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

18 for the acquisition, construction, or operation of 

19 Department of State facilities may be transferred 

20 and used for the purposes set forth in paragraph 

21 (1). 

22 (d) USE OF FUNDS APPROPRIATED UNDER THE

23 AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009.— 

24 Of the funds appropriated to the Department of State under 

25 title XI of the American Reinvestment and Recovery Act 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•S 1386 RS

1 of 2009 (Public Law 111–5), $54,545,177 is to remain 

2 available until September 30, 2016, for activities consistent 

3 with subsections (b) and (c). 

4 SEC. 105. TRANSFER AUTHORITY. 

5 Section 4 of the Foreign Service Buildings Act of 

6 1926 (22 U.S.C. 295) is amended by adding at the end 

7 the following new subsections: 

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

9 authority available to the Secretary of State, and subject 

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

11 merge with, any appropriation for embassy security, con12 struction, and maintenance such amounts appropriated for 

13 any other purpose related to diplomatic and consular pro14 grams on or after October 1, 2013, as the Secretary deter15 mines are necessary to provide for the security of sites 

16 and buildings in foreign countries under the jurisdiction 

17 and control of the Secretary. 

18 ‘‘(2) Any funds transferred under the authority pro19 vided in paragraph (1) shall be merged with funds in the 

20 heading to which transferred, and shall be available sub21 ject to the same terms and conditions as the funds with 

22 which merged. 

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

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

25 Committees on Foreign Relations and Appropriations of 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•S 1386 RS

1 the Senate and the Committees on Foreign Affairs and 

2 Appropriations of the House of Representatives.’’. 

3 TITLE II—CONTRACTING AND 

4 OTHER MATTERS 

5 SEC. 201. LOCAL GUARD CONTRACTS ABROAD UNDER DIP6 LOMATIC SECURITY PROGRAM. 

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

8 Relations Authorization Act, Fiscal Years 1990 and 1991 

9 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 

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

11 award contracts to technically acceptable firms offer12 ing the lowest evaluated price, except that— 

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

14 the basis of best value (as determined by a cost15 technical tradeoff analysis); and 

16 ‘‘(B) proposals received from United 

17 States persons and qualified United States joint 

18 venture persons shall be evaluated by reducing 

19 the bid price by 10 percent;’’. 

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

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

22 to the Committee on Foreign Relations of the Senate and 

23 the Committee on Foreign Affairs of the House of Rep24 resentatives a report that includes— 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•S 1386 RS

1 (1) an explanation of the implementation of 

2 paragraph (3) of section 136(c) of the Foreign Rela3 tions Authorization Act, Fiscal Years 1990 and 

4 1991, as amended by subsection (a); and 

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

6 made pursuant to subparagraph (A) of such para7 graph, as so amended, a written justification and ap8 proval, providing the basis for such award and an 

9 explanation of the inability to satisfy the needs of 

10 the Department of State by technically acceptable, 

11 lowest price evaluation award. 

12 SEC. 202. DISCIPLINARY ACTION RESULTING FROM UNSAT13 ISFACTORY LEADERSHIP IN RELATION TO A 

14 SECURITY INCIDENT. 

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

16 U.S.C. 4834 (c)) is amended— 

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

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

19 and moving such subparagraphs, as so redesignated, 

20 2 ems to the right; 

21 (2) by striking ‘‘RECOMMENDATIONS’’ and in22 serting the following: ‘‘RECOMMENDATIONS.— 

23 ‘‘(1) IN GENERAL.—Whenever’’; and 

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

25 paragraph: 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•S 1386 RS

1 ‘‘(2) CERTAIN SECURITY INCIDENTS.—Unsatis2 factory leadership by a senior official with respect to 

3 a security incident involving loss of life, serious in4 jury, or significant destruction of property at or re5 lated to a United States Government mission abroad 

6 may be grounds for disciplinary action. If a Board 

7 finds reasonable cause to believe that a senior offi8 cial provided such unsatisfactory leadership, the 

9 Board may recommend disciplinary action subject to 

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

11 SEC. 203. MANAGEMENT AND STAFF ACCOUNTABILITY. 

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

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

14 to prevent the Secretary of State from using all authorities 

15 invested in the office of Secretary to take personnel action 

16 against any employee or official of the Department of 

17 State that the Secretary determines has breached the duty 

18 of that individual or has engaged in misconduct or unsatis19 factorily performed the duties of employment of that indi20 vidual, and such misconduct or unsatisfactory perform21 ance has significantly contributed to the serious injury, 

22 loss of life, or significant destruction of property, or a seri23 ous breach of security, even if such action is the subject 

24 of an Accountability Review Board’s examination under 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•S 1386 RS

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

2 4834(a)). 

3 (b) ACCOUNTABILITY.—Section 304 of the Diplo4 matic Security Act (22 U.S.C. 4834) is amended— 

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

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

7 ‘‘or has engaged in misconduct or unsatisfactorily 

8 performed the duties of employment of that indi9 vidual, and such misconduct or unsatisfactory per10 formance has significantly contributed to the serious 

11 injury, loss of life, or significant destruction of prop12 erty, or the serious breach of security that is the 

13 subject of the Board’s examination as described in 

14 subsection (a),’’; 

15 (2) by redesignating subsection (d) as sub16 section (e); and 

17 (3) by inserting after subsection (c) the fol18 lowing new subsection: 

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

20 Board determines that an individual has engaged in any 

21 conduct addressed in subsection (c), the Board shall evalu22 ate the level and effectiveness of management and over23 sight conducted by employees or officials in the manage24 ment chain of such individual.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•S 1386 RS

1 SEC. 204. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

2 Section 29 of the State Department Basic Authorities 

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

4 sentence by inserting ‘‘physical security enhancements 

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

6 SEC. 205. REEMPLOYMENT OF ANNUITANTS. 

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

8 (22 U.S.C. 4064(g)) is amended— 

9 (1) in paragraph (1)(B), by striking ‘‘to facili10 tate the’’ and all that follows through ‘‘Afghanistan, 

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

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

13 vacated by members of the Service assigned to high 

14 threat, high risk posts, if’’; 

15 (2) by amending paragraph (2) to read as fol16 lows: 

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

18 Foreign Relations of the Senate and the Committee on 

19 Foreign Affairs of the House of Representatives a report 

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

21 compensation and benefit payments to annuitants reem22 ployed by the Department pursuant to this section.’’; and 

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

24 paragraphs: 

25 ‘‘(4) In the event that an annuitant qualified for com26 pensation or payments pursuant to this subsection subseVerDate Mar 15 2010 23:36 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.RS S1386

smartinez on DSK6TPTVN1PROD with BILLS
20 

•S 1386 RS

1 quently transfers to a position for which the annuitant 

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

3 Secretary may no longer waive the application of sub4 sections (a) through (d) with respect to such annuitant. 

5 ‘‘(5) The authority of the Secretary to waive the ap6 plication of subsections (a) through (d) for an annuitant 

7 pursuant to this subsection shall terminate on October 1, 

8 2019.’’. 

9 TITLE III—EXPANSION OF THE 

10 MARINE CORPS SECURITY 

11 GUARD DETACHMENT PRO12 GRAM 

13 SEC. 301. MARINE CORPS SECURITY GUARD PROGRAM. 

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

15 the Secretary of State for diplomatic security under sec16 tion 103 of the Diplomatic Security Act (22 U.S.C. 4802), 

17 the Secretary of State, in consultation with the Secretary 

18 of Defense, shall— 

19 (1) develop and implement a plan to incor20 porate the additional Marine Corps Security Guard 

21 personnel authorized pursuant to section 404 of the 

22 National Defense Authorization Act for Fiscal Year 

23 2013 (Public Law 112–239; 10 U.S.C. 5983 note) 

24 at United States embassies, consulates, and other 

25 facilities; and 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•S 1386 RS

1 (2) conduct an annual review of the Marine 

2 Corps Security Guard Program, including— 

3 (A) an evaluation of whether the size and 

4 composition of the Marine Corps Security 

5 Guard Program is adequate to meet global dip6 lomatic security requirements; 

7 (B) an assessment of whether Marine 

8 Corps security guards are appropriately de9 ployed among facilities to respond to evolving 

10 security developments and potential threats to 

11 United States interests abroad; and 

12 (C) an assessment of the mission objectives 

13 of the Marine Corps Security Guard Program 

14 and the procedural rules of engagement to pro15 tect diplomatic personnel under the Program. 

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

17 days after the date of the enactment of this Act, and annu18 ally thereafter for three years, the Secretary of State, in 

19 consultation with the Secretary of Defense, shall submit 

20 to the appropriate congressional committees an unclassi21 fied report, with a classified annex as necessary, that ad22 dresses the requirements set forth in subsection (a)(2). 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•S 1386 RS

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 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•S 1386 RS

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; 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•S 1386 RS

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 Secretary of State, in 

13 consultation with the Director of National Intelligence and 

14 the Secretary of Defense, shall submit to the Committee on 

15 Foreign Relations, the Select Committee on Intelligence, 

16 and the Committee on Armed Services of the Senate and 

17 the Committee on Foreign Affairs, the Permanent Select 

18 Committee on Intelligence, and the Committee on Armed 

19 Services of the House of Representatives a classified report, 

20 with an unclassified summary, evaluating Department of 

21 State facilities that the Secretary of State determines to 

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

23 (c). 

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

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


smartinez on DSK6TPTVN1PROD with BILLS
25 

•S 1386 RS

1 report submitted under such subsection shall also in2 clude— 

3 (1) a narrative assessment describing the secu4 rity threats and risks facing posts overseas and the 

5 overall threat level to United States personnel under 

6 chief of mission authority; 

7 (2) the number of diplomatic security per8 sonnel, Marine Corps security guards, and other De9 partment of State personnel dedicated to providing 

10 security for United States personnel, information, 

11 and facilities; 

12 (3) an assessment of host nation willingness 

13 and capability to provide protection in the event of 

14 a security threat or incident, pursuant to the obliga15 tions of the United States under the Vienna Conven16 tion on Consular Relations, done at Vienna April 24, 

17 1963, and the 1961 Vienna Convention on Diplo18 matic Relations, done at Vienna April 18, 1961; 

19 (4) an assessment of the quality and experience 

20 level of the team of United States senior security 

21 personnel assigned to the facility, considering collec22 tively the assignment durations and lengths of gov23 ernment experience; 


smartinez on DSK6TPTVN1PROD with BILLS
26 

•S 1386 RS

1 (5) the number of Foreign Service Officers who 

2 have received Foreign Affairs Counter Threat train3 ing; 

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

5 previous calendar year for additional resources, 

6 equipment, or personnel related to the security of 

7 the facility and the status of such requests; 

8 (7) an assessment of the ability of United 

9 States personnel to respond to and survive a fire at10 tack, including— 

11 (A) whether the facility has adequate fire 

12 safety and security equipment for safehavens 

13 and safe areas; and 

14 (B) whether the employees working at the 

15 facility have been adequately trained on the 

16 equipment available; 

17 (8) for each new facility that is opened, a de18 tailed description of the steps taken to provide secu19 rity for the new facility, including whether a dedi20 cated support cell was established in the Department 

21 of State to ensure proper and timely resourcing of 

22 security; and 

23 (9) a listing of any ‘‘high-threat, high-risk’’ fa24 cilities where the Department of State and other 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•S 1386 RS

1 government agencies’ facilities are not collocated in2 cluding— 

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

4 and 

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

6 being taken to mitigate potential security 

7 vulnerabilities associated with the lack of col8 location. 

9 (c) DETERMINATION OF HIGH THREAT, HIGH RISK

10 FACILITY.—In determining what facilities constitute 

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

12 Secretary shall take into account with respect to each fa13 cility whether there are— 

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

15 terrorism; 

16 (2) national or local governments with inad17 equate capacity or political will to provide appro18 priate protection; and 

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

20 levels of political violence or terrorism or national or 

21 local governments lack the capacity or political will 

22 to provide appropriate protection— 

23 (A) mission physical security platforms 

24 that fall well below the Department of State’s 

25 established standards; or 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•S 1386 RS

1 (B) security personnel levels that are in2 sufficient for the circumstances. 

3 (d) INSPECTOR GENERAL REVIEW AND REPORT.— 

4 The Inspector General for the Department of State and 

5 the Broadcasting Board of Governors shall, on an annual 

6 basis— 

7 (1) review the determinations of the Depart8 ment of State with respect to high threat, high risk 

9 facilities, including the basis for making such deter10 minations; 

11 (2) review contingency planning for high threat, 

12 high risk facilities and evaluate the measures in 

13 place to respond to attacks on such facilities; 

14 (3) review the risk mitigation measures in place 

15 at high threat, high risk facilities to determine how 

16 the Department of State evaluates risk and whether 

17 the measures put in place sufficiently address the 

18 relevant risks; 

19 (4) review early warning systems in place at 

20 high threat, high risk facilities and evaluate the 

21 measures being taken to preempt and disrupt 

22 threats to such facilities; and 

23 (5) provide to the appropriate congressional 

24 committees an assessment of the determinations of 

25 the Department of State with respect to high threat, 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•S 1386 RS

1 high risk facilities, including recommendations for 

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

3 a report regarding the reviews and evaluations un4 dertaken pursuant to paragraphs (1) through (4) 

5 and this paragraph. 

6 SEC. 403. DESIGNATION AND REPORTING FOR HIGH-RISK 

7 COUNTERINTELLIGENCE THREAT POSTS. 

8 (a) REPORT REQUIRED.—Not later than 180 days 

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

10 of State, in conjunction with appropriate officials in the 

11 intelligence community and the Secretary of Defense, shall 

12 submit to the appropriate committees of Congress a report 

13 assessing the counterintelligence threat to United States 

14 diplomatic facilities in Priority 1 Counterintelligence 

15 Threat Nations, including— 

16 (1) an assessment of the use of locally employed 

17 staff and guard forces and a listing of diplomatic fa18 cilities in Priority 1 Counterintelligence Threat Na19 tions without controlled access areas; and 

20 (2) recommendations for mitigating any counter21 intelligence threats and for any necessary facility up22 grades, including costs assessment of any rec23 ommended mitigation or upgrades so recommended. 

24 (b) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•S 1386 RS

1 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

2 The term ‘‘appropriate committees of Congress’’ 

3 means— 

4 (A) the Committee on Foreign Relations, the 

5 Select Committee on Intelligence, the Committee 

6 on Armed Services, and the Committee on Ap7 propriations of the Senate; and 

8 (B) the Committee on Foreign Affairs, the 

9 Permanent Select Committee on Intelligence, the 

10 Committee on Armed Services, and the Com11 mittee on Appropriations of the House of Rep12 resentatives. 

13 (2) PRIORITY 1 COUNTERINTELLIGENCE THREAT

14 NATION.—The term ‘‘Priority 1 Counterintelligence 

15 Threat Nation’’ means a country designated as such 

16 by the October 2012 National Intelligence Priorities 

17 Framework (NIPF). 

18 SEC. 404. COMPTROLLER GENERAL REPORT ON IMPLEMEN19 TATION OF BENGHAZI ACCOUNTABILITY RE20 VIEW BOARD RECOMMENDATIONS. 

21 (a) IN GENERAL.—Not later than 120 days after the 

22 date of the enactment of this Act, the Comptroller General 

23 of the United States shall submit to the Committee on For24 eign Relations of the Senate and the Committee on Foreign 

25 Affairs of the House of Representatives a report on the 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•S 1386 RS

1 progress of the Department of State in implementing the 

2 recommendations of the Benghazi Accountability Review 

3 Board. 

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

5 (a) shall include— 

6 (1) an assessment of the progress the Department 

7 of State has made in implementing each specific rec8 ommendation of the Accountability Review Board; 

9 and 

10 (2) a description of any impediments to rec11 ommended reforms, such as budget constraints, bu12 reaucratic obstacles within the Department or in the 

13 broader interagency community, or limitations under 

14 current law. 

15 (c) FORM.—The report required under subsection (a) 

16 shall be submitted in unclassified form but may contain 

17 a classified annex. 

18 SEC. 405. SECURITY ENVIRONMENT THREAT LIST BRIEF19 INGS. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, and upon each subsequent 

22 update of the Security Environment Threat List (SETL), 

23 the Bureau of Diplomatic Security shall provide classified 

24 briefings to the appropriate congressional committees on the 

25 SETL. 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•S 1386 RS

1 (b) CONTENT.—The briefings required under sub2 section (a) shall include— 

3 (1) an overview of the SETL; and 

4 (2) a summary assessment of the security posture 

5 of those facilities where the SETL assesses the threat 

6 environment to be most acute, including factors that 

7 informed such assessment. 

8 TITLE V—ACCOUNTABILITY 

9 REVIEW BOARDS 

10 SEC. 501. SENSE OF CONGRESS. 

11 It is the sense of Congress that— 

12 (1) the Accountability Review Board mechanism 

13 as outlined in section 302 of the Omnibus Diplo14 matic Security and Antiterrorism Act (22 U.S.C. 

15 4832) is an effective tool to collect information 

16 about and evaluate adverse incidents that occur in a 

17 world that is increasingly complex and dangerous for 

18 United States diplomatic personnel; and 

19 (2) the Accountability Review Board should 

20 provide information and analysis that will assist the 

21 Secretary, the President, and Congress in deter22 mining what contributed to an adverse incident as 

23 well as what new measures are necessary in order to 

24 prevent the recurrence of such incidents. 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•S 1386 RS

1 SEC. 502. PROVISION OF COPIES OF ACCOUNTABILITY RE2 VIEW BOARD REPORTS TO CONGRESS. 

3 Not later than 2 days after an Accountability Review 

4 Board provides its report to the Secretary of State in ac5 cordance with title III of the Omnibus Diplomatic and 

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

7 Secretary shall provide copies of the report to the appro8 priate congressional committees for retention and review 

9 by those committees. 

10 SEC. 503. CHANGES TO EXISTING LAW. 

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

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

13 4832(a)) is amended by inserting ‘‘one of which shall be 

14 the Inspector General of the Department of State and the 

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

16 the Secretary of State,’’. 

17 (b) STAFF.—Section 302(b)(2) of the Omnibus Dip18 lomatic Security and Antiterrorism Act (22 U.S.C. 

19 4832(b)(2)) is amended by adding at the end the fol20 lowing: ‘‘Such persons shall be drawn from bureaus or 

21 other agency sub-units that are not impacted by the inci22 dent that is the subject of the Board’s review.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•S 1386 RS

1 TITLE VI—OTHER MATTERS 

2 SEC. 601. ENHANCED QUALIFICATIONS FOR DEPUTY AS3 SISTANT SECRETARY OF STATE FOR HIGH 

4 THREAT, HIGH RISK POSTS. 

5 The Omnibus Diplomatic Security and Antiterrorism 

6 Act of 1986 is amended by inserting after section 206 (22 

7 U.S.C. 4824) the following new section: 

8 ‘‘SEC. 207. DEPUTY ASSISTANT SECRETARY OF STATE FOR 

9 HIGH THREAT, HIGH RISK POSTS. 

10 ‘‘The individual serving as Deputy Assistant Secretary 

11 of State for High Threat, High Risk Posts shall have one 

12 or more of the following qualifications: 

13 ‘‘(1) Service during the last six years at one or 

14 more posts designated as High Threat, High Risk by 

15 the Department of State at the time of service. 

16 ‘‘(2) Previous service as the office director or 

17 deputy director of one or more of the following De18 partment of State offices or successor entities carrying 

19 out substantively equivalent functions: 

20 ‘‘(A) The Office of Mobile Security Deploy21 ments. 

22 ‘‘(B) The Office of Special Programs and 

23 Coordination. 

24 ‘‘(C) The Office of Overseas Protective Oper25 ations. 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•S 1386 RS

1 ‘‘(D) The Office of Physical Security Pro2 grams. 

3 ‘‘(E) The Office of Intelligence and Threat 

4 Analysis. 

5 ‘‘(3) Previous service as the Regional Security 

6 Officer at two or more overseas posts. 

7 ‘‘(4) Other government or private sector experi8 ence substantially equivalent to service in the posi9 tions listed in paragraphs (1) through (3).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
Calendar No. 257 

113TH CONGRESS 

1ST SESSION S. 1386 

A BILL 

To provide for enhanced embassy security, and for 

other purposes. 

DECEMBER 9, 2013 

Reported with amendments 


smartinez on DSK6TPTVN1PROD with BILLS