II 

113TH CONGRESS 

1ST SESSION S. 980 

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

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2013 

Mr. MENENDEZ (for himself, Mr. REID, Mr. CARDIN, Mr. KAINE, Mrs. 

BOXER, Mr. MURPHY, and Mrs. FEINSTEIN) 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 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 and Personnel Protection Act 

7 of 2013’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table contents. 

TITLE I—FUNDING AUTHORIZATION AND TRANSFER AUTHORITY 


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Sec. 101. Capital Security Cost Sharing Program. 

Sec. 102. Language training. 

Sec. 103. Foreign Affairs Security Training Center. 

Sec. 104. Transfer authority. 

TITLE II—CONTRACTING AND OTHER MATTERS 

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

Sec. 202. Exemptions from certain protest procedures for non-compete contracting in exigent circumstances. 

Sec. 203. Disciplinary action resulting from unsatisfactory leadership in relation to a security incident. 

Sec. 204. Security enhancements for soft targets. 

Sec. 205. Death gratuity. 

Sec. 206. Reemployment of annuitants. 

Sec. 207. Special immigrant visas for families of foreign national employees of 

United States Government missions abroad. 

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-risk, high-threat posts. 

1 TITLE I—FUNDING AUTHORIZA2 TION AND TRANSFER AU3 THORITY 

4 SEC. 101. CAPITAL SECURITY COST SHARING PROGRAM. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated for fiscal year 2014 for the 

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

8 expended, for the purpose of restoring to its full capacity 

9 the Capital Security Cost Sharing Program, authorized by 

10 section 604(e) of Secure Embassy Construction and 

11 Counterterrorism Act of 1999 (title VI of division A of 


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1 H.R. 3427, as enacted into law by section 1007(a)(7) of 

2 Public Law 106–113; 113 Stat. 1501A–453; 22 U.S.C. 

3 4865 note). 

4 (b) SENSE OF CONGRESS ON THE CAPITAL SECURITY

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

6 that— 

7 (1) the Capital Security Cost Sharing Program 

8 should prioritize the construction of new facilities 

9 and the maintenance of existing facilities in high10 risk, high-threat areas; and 

11 (2) all United States Government agencies 

12 should pay into the Capital Security Cost Sharing 

13 Program a percentage of total costs determined by 

14 interagency agreements, in order to restore the Cap15 ital Security Cost Sharing Program to its full capac16 ity of $2,200,000,000. 

17 (c) RESTRICTION ON CONSTRUCTION OF OFFICE

18 SPACE.—Section 604 (e)(2) of the Secure Embassy Con19 struction and Counterterrorism Act of 1999 (title VI of 

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

21 1007(a)(7) of Public Law 106–113; 113 Stat. 1501A– 

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

23 end the following: ‘‘A project to construct a diplomatic fa24 cility of the United States may not include office space 

25 or other accommodations for an employee of a Federal 


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1 agency or department if the Secretary of State determines 

2 that such department or agency has not provided to the 

3 Department of State the full amount of funding required 

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

5 office space or other accommodations for members of the 

6 United States Marine Corps.’’. 

7 SEC. 102. LANGUAGE TRAINING. 

8 Such sums as may be necessary are authorized to be 

9 appropriated for the acquisition, operation, and mainte10 nance of instructional programs to upgrade foreign lan11 guage capacity, especially in critical need languages in12 cluding Arabic, among United States employees within the 

13 Department of State, including the Bureau of Diplomatic 

14 Security. 

15 SEC. 103. FOREIGN AFFAIRS SECURITY TRAINING CENTER. 

16 (a) IN GENERAL.—Such sums as may be necessary 

17 are authorized to be appropriated for the acquisition, con18 struction, and operation of a Foreign Affairs Security 

19 Training Center. 

20 (b) SENSE OF CONGRESS ON THE FOREIGN AFFAIRS

21 SECURITY TRAINING CENTER.—It is the sense of Con22 gress that— 

23 (1) Department of State employees and their 

24 families deserve improved and consolidated programs 


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1 and facilities for high-threat training and risk man2 agement decision processes; 

3 (2) improved and consolidated high-threat 

4 training at a Foreign Affairs Security Training Cen5 ter (FASTC) at Fort Pickett, Virginia, is consistent 

6 with the Benghazi Accountability Review Board rec7 ommendation number 17; and 

8 (3) a FASTC should take advantage of training 

9 synergies that already exist, like training with, or in 

10 close proximity to, Fleet Antiterrorism Security 

11 Teams (FAST), special operations forces, or other 

12 appropriate military and security assets. 

13 SEC. 104. TRANSFER AUTHORITY. 

14 Section 4 of the Foreign Service Buildings Act of 

15 1926 (22 U.S.C. 295) is amended by adding at the end 

16 the following new subsections: 

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

18 authority available to the Secretary of State, and subject 

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

20 merge with, any appropriation for embassy security, con21 struction, and maintenance such amounts appropriated for 

22 any other purpose related to the administration of foreign 

23 affairs on or after October 1, 2013, as the Secretary deter24 mines are necessary to provide for the security of sites 


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1 and buildings in foreign countries under the jurisdiction 

2 and control of the Secretary. 

3 ‘‘(2)(A) Any funds transferred under the authority 

4 provided in paragraph (1) shall be merged with funds in 

5 the heading to which transferred, and shall, except as pro6 vided in subparagraph (B), be available subject to the 

7 same terms and conditions as the funds with which 

8 merged. 

9 ‘‘(B) Any funds transferred under paragraph (1) 

10 shall be available for the same period for which such funds 

11 were originally appropriated. 

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

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

14 Committees on Foreign Relations and Appropriations of 

15 the Senate and the Committees on Foreign Affairs and 

16 Appropriations of the House of Representatives.’’. 

17 TITLE II—CONTRACTING AND 

18 OTHER MATTERS 

19 SEC. 201. LOCAL GUARD CONTRACTS ABROAD UNDER DIP20 LOMATIC SECURITY PROGRAM. 

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

22 Relations Authorization Act, Fiscal Years 1990 and 1991 

23 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 


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

2 award contracts to technically acceptable firms offer3 ing the lowest evaluated price, except that— 

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

5 the basis of best value (as determined by a cost6 technical tradeoff analysis); and 

7 ‘‘(B) proposals received from United 

8 States persons and qualified United States joint 

9 venture persons shall be evaluated by reducing 

10 the bid price by 10 percent;’’. 

11 (b) REPORT.—Not later than one year after the date 

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

13 to the Committee on Foreign Relations of the Senate and 

14 the Committee on Foreign Affairs of the House of Rep15 resentatives a report that includes— 

16 (1) an explanation of the implementation of 

17 paragraph (3) of section 136(c) of the Foreign Rela18 tions Authorization Act, Fiscal Years 1990 and 

19 1991, as amended by subsection (a); and 

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

21 made pursuant to subparagraph (A) of such para22 graph, as so amended, a written justification and ap23 proval, providing the basis for such award and an 

24 explanation of the inability to satisfy the needs of 


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1 the Department of State by technically acceptable, 

2 lowest price evaluation award. 

3 SEC. 202. EXEMPTIONS FROM CERTAIN PROTEST PROCE4 DURES FOR NON-COMPETE CONTRACTING IN 

5 EXIGENT CIRCUMSTANCES. 

6 A determination by the Department of State to use 

7 a procurement competition exemption under section 3304 

8 of title 41, United States Code, in order to meet emer9 gency security requirements shall not be subject to chal10 lenge by protest under either sections 3551 through 3557 

11 of title 31, United States Code, or section 1491 of title 

12 28, United States Code. 

13 SEC. 203. DISCIPLINARY ACTION RESULTING FROM UNSAT14 ISFACTORY LEADERSHIP IN RELATION TO A 

15 SECURITY INCIDENT. 

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

17 U.S.C. 4834(c)) is amended— 

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

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

20 and moving such subparagraphs, as so redesignated, 

21 2 ems to the right; 

22 (2) by striking ‘‘RECOMMENDATIONS.—When23 ever’’ and inserting the following: ‘‘RECOMMENDA24 TIONS.— 

25 ‘‘(1) IN GENERAL.—Whenever’’; and 


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

2 paragraph: 

3 ‘‘(2) CERTAIN SECURITY INCIDENTS.—Unsatis4 factory leadership by a senior official with respect to 

5 a security incident involving loss of life, serious in6 jury, or significant destruction of property at or re7 lated to a United States Government mission abroad 

8 may be grounds for disciplinary action. If a Board 

9 finds reasonable cause to believe that a senior offi10 cial provided such unsatisfactory leadership, the 

11 Board may recommend disciplinary action subject to 

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

13 SEC. 204. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

14 Section 29 of the State Department Basic Authorities 

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

16 sentence by inserting ‘‘physical security enhancements 

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

18 SEC. 205. DEATH GRATUITY. 

19 Section 413(a) of the Foreign Service Act of 1980 

20 (22 U.S.C. 3973(a)), is amended in the first sentence by 

21 striking ‘‘at the time of death’’ and inserting ‘‘at level II 

22 of the Executive Schedule under section 5313 of title 5, 

23 United States Code, at the time of death, except that for 

24 employees compensated under local compensation plans 

25 established under section 408 the amount shall be equal 


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1 to the greater of either one year’s salary at the time of 

2 death, or one year’s basic salary at the highest step of 

3 the highest grade on the Local Compensation Plan from 

4 which the employee was being paid at the time of death’’. 

5 SEC. 206. REEMPLOYMENT OF ANNUITANTS. 

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

7 (22 U.S.C. 4064(g)) is amended— 

8 (1) in paragraph (1)(B), by striking ‘‘to facili9 tate the’’ and all that follows through ‘‘Afghani10 stan,’’; 

11 (2) by striking paragraph (2); and 

12 (3) by redesignating paragraph (3) as para13 graph (2). 

14 SEC. 207. SPECIAL IMMIGRANT VISAS FOR FAMILIES OF 

15 FOREIGN NATIONAL EMPLOYEES OF UNITED 

16 STATES GOVERNMENT MISSIONS ABROAD. 

17 Section 101(a)(27)(D) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(27)(D)) is amended by in19 serting before ‘‘: Provided’’ the following: ‘‘, except that 

20 the spouse and children may also qualify if such employee 

21 is killed in the line of duty and had performed faithful 

22 service for a minimum of 15 years, and the relevant rec23 ommendation referenced in the following proviso is made 

24 with respect to each such individual’’. 


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1 TITLE III—EXPANSION OF THE 

2 MARINE CORPS SECURITY 

3 GUARD DETACHMENT PRO4 GRAM 

5 SEC. 301. MARINE CORPS SECURITY GUARD PROGRAM. 

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

7 the Secretary of State for diplomatic security under sec8 tion 103 of the Diplomatic Security Act (22 U.S.C. 4802), 

9 the Secretary of State, in consultation with the Secretary 

10 of Defense, shall— 

11 (1) develop and implement a plan to incor12 porate the additional Marine Corps Security Guard 

13 personnel authorized pursuant to section 404 of the 

14 National Defense Authorization Act for Fiscal Year 

15 2013 (Public Law 112–239; 10 U.S.C. 5983 note) 

16 at United States embassies, consulates, and other 

17 diplomatic facilities; and 

18 (2) conduct an annual review of the Marine 

19 Corps Security Guard Program, including— 

20 (A) an evaluation of whether the size and 

21 composition of the Marine Corps Security 

22 Guard Program is adequate to meet global dip23 lomatic security requirements; 

24 (B) an assessment of whether the Marine 

25 Corps security guards are appropriately deVerDate Mar 15 2010 23:46 May 22, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S980.IS S980

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1 ployed among diplomatic posts to respond to 

2 evolving security developments and potential 

3 threats to United States interests abroad; and 

4 (C) an assessment of the mission objectives 

5 of the Marine Corps Security Guard Program 

6 and the procedural rules of engagement to pro7 tect diplomatic personnel under the Program. 

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

9 days after the date of the enactment of this Act and annu10 ally thereafter for three years, the Secretary of State, in 

11 consultation with the Secretary of Defense, shall provide 

12 to the Committee on Foreign Relations of the Senate and 

13 the Committee on Foreign Affairs of the House of Rep14 resentatives an unclassified report, with a classified annex 

15 as necessary, that addresses the requirements set forth in 

16 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 Committee on Foreign Rela14 tions of the Senate and the Committee on Foreign Affairs 

15 of the House of Representatives an unclassified report, 

16 with a classified annex, on the implementation by the De17 partment of State of the recommendations of the Account18 ability Review Board convened pursuant to title III of the 

19 Omnibus Diplomatic and Antiterrorism Act of 1986 (22 

20 U.S.C. 4831) to examine the facts and circumstances sur21 rounding the September 11–12, 2012, killings of four 

22 United States Government personnel in Benghazi, Libya. 

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

24 (a) shall include the following elements: 


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

2 Department of State’s diplomatic security to respond 

3 to the evolving global threat environment, and the 

4 broader steps the Department of State is taking to 

5 improve the security of United States diplomatic 

6 personnel in the aftermath of the Accountability Re7 view Board Report. 

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

9 the Department of State to address each of the 29 

10 recommendations contained in the Accountability 

11 Review Board Report, including— 

12 (A) an assessment of whether implementa13 tion of each recommendation is ‘‘complete’’ or 

14 is still ‘‘in progress’’; and 

15 (B) if the Secretary of State determines 

16 not to fully implement any of the 29 rec17 ommendations in the Accountability Review 

18 Board Report, a thorough explanation as to 

19 why such a decision was made. 

20 (3) An enumeration and assessment of any sig21 nificant challenges that have slowed or interfered 

22 with the Department of State’s implementation of 

23 the Accountability Review Board recommendations, 

24 including— 


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1 (A) a lack of funding or resources made 

2 available to the Department of State; 

3 (B) restrictions imposed by current law 

4 that in the Secretary of State’s judgment 

5 should be amended; and 

6 (C) difficulties caused by a lack of coordi7 nation between the Department of State and 

8 other United States Government agencies. 

9 SEC. 402. DESIGNATION AND REPORTING FOR HIGH-RISK, 

10 HIGH-THREAT POSTS. 

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

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

13 thereafter, the Secretary of State shall submit to the Com14 mittee on Foreign Relations of the Senate and the Com15 mittee on Foreign Affairs of the House of Representatives 

16 a classified report, with an unclassified summary, evalu17 ating Department of State overseas posts that the Sec18 retary of State determines to be ‘‘high risk, high threat’’ 

19 in accordance with subsection (c). 

20 (b) CONTENT.—For each post determined to be 

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

22 report submitted under such subsection shall also in23 clude— 


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1 (1) an assessment of the overall threat level to 

2 United States personnel under chief of mission au3 thority; 

4 (2) the number of diplomatic security per5 sonnel, Marine Corps security guards, and other De6 partment of State personnel dedicated to providing 

7 security for United States personnel, information, 

8 and facilities; 

9 (3) an assessment of host nation willingness 

10 and capability to provide protection in the event of 

11 a security threat or incident, pursuant to the obliga12 tions of the United States under the Vienna Conven13 tion on Consular Relations, done at Vienna, April 

14 24, 1963, and the 1961 Vienna Convention on Dip15 lomatic Relations, done at Vienna, April 18, 1961; 

16 (4) an enumeration of the assignment duration 

17 and length of government experience for each of the 

18 United States senior security personnel assigned; 

19 (5) the number of Foreign Service Officers who 

20 have received Foreign Affairs Counter Threat train21 ing; 

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

23 previous calendar year for additional resources, 

24 equipment, or personnel related to the security of 

25 the post and the status of such requests; 


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1 (7) an evaluation of the quality of surveillance 

2 cameras; 

3 (8) an assessment of the ability of United 

4 States personnel to respond to and survive a fire at5 tack, including: 

6 (A) whether the post has adequate fire 

7 safety and security equipment for safehavens 

8 and safe areas; and 

9 (B) whether United States Government 

10 employees and their dependents have been ade11 quately trained on the equipment available; 

12 (9) for each new post that is opened, a detailed 

13 description of the steps taken to provide security for 

14 the new post, including whether a dedicated support 

15 cell was established in the Department of State to 

16 ensure proper and timely resourcing of security; and 

17 (10) a listing of any ‘‘high-risk, high-threat’’ 

18 posts where the Department of State and other gov19 ernment agencies’ facilities are not collocated includ20 ing— 

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

22 and 

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

24 being taken to mitigate potential security 


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1 vulnerabilities associated with the lack of col2 location. 

3 (c) DETERMINATION OF HIGH-RISK, HIGH-THREAT

4 POST.—In determining ‘‘high-risk, high-threat posts’’ 

5 under this section, the Secretary shall take into account 

6 with respect to each country those posts featuring— 

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

8 terrorism; 

9 (2) governments with inadequate capacity or 

10 political will to provide appropriate protection; and 

11 (3) mission physical security platforms that fall 

12 well below the Department of State’s established 

13 standards. 

Æ 


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