I 

113TH CONGRESS 

1ST SESSION H. R. 2723 

To enhance security for facilities and personnel at United States diplomatic 

and consular posts abroad, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2013 

Mr. ENGEL (for himself, Mr. FALEOMAVAEGA, Mr. SHERMAN, Mr. MEEKS, 

Mr. SIRES, Mr. CONNOLLY, Mr. DEUTCH, Mr. HIGGINS, Ms. BASS, Mr. 

KEATING, Mr. CICILLINE, Mr. GRAYSON, Mr. VARGAS, Mr. SCHNEIDER, 

Mr. KENNEDY, Mr. BERA of California, Mr. LOWENTHAL, Ms. MENG, 

Ms. FRANKEL of Florida, Ms. GABBARD, and Mr. CASTRO of Texas) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance security for facilities and personnel at United 

States diplomatic and consular posts abroad, 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 AND TABLE OF CONTENTS. 

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

5 ‘‘Embassy Security and Enhancement Act of 2013’’. 


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

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—REVIEW AND PLANNING REQUIREMENTS 

Sec. 101. Designation of high risk, high threat posts and working groups. 

Sec. 102. Contingency plans for high risk, high threat posts. 

Sec. 103. Sense of Congress regarding strategic review of Bureau of Diplomatic 

Security. 

TITLE II—PHYSICAL SECURITY AND PERSONNEL REQUIREMENTS 

Sec. 201. Capital Security Cost Sharing Program. 

Sec. 202. Local guard contracts abroad under diplomatic security program. 

Sec. 203. Transfer authority. 

Sec. 204. Physical security of certain soft targets. 

Sec. 205. Reemployment of annuitants. 

Sec. 206. Exemptions from certain protest procedures for non-compete contracting in exigent circumstances. 

Sec. 207. Sense of Congress on minimum security standards for temporary 

United States diplomatic and consular posts. 

Sec. 208. Sense of Congress on assignment of personnel at high risk, high 

threat posts. 

TITLE III—SECURITY TRAINING 

Sec. 301. Security training for personnel assigned to high risk, high threat 

posts. 

Sec. 302. Report to Congress. 

TITLE IV—DEATH GRATUITY 

Sec. 401. Death gratuity. 

Sec. 402. Increased group life insurance and survivors’ educational benefits applicable to those killed in terrorist attacks. 

Sec. 403. Retroactive payment. 

Sec. 404. Authorization of appropriations. 

Sec. 405. Conforming amendment. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) On September 11 and 12, 2012, terrorists 

6 attacked the United States Special Mission com7 pound and Annex in Benghazi, Libya. 


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1 (2) The attacks resulted in the deaths of Am2 bassador John Christopher Stevens, Sean Smith, 

3 Tyrone Woods, and Glen Doherty, in addition to se4 verely wounding other United States personnel and 

5 Libyan guards. 

6 (3) The United States personnel in Benghazi 

7 performed bravely in protecting their colleagues de8 spite the scale and intensity of the attacks. 

9 (4) An Accountability Review Board chaired 

10 ably by Ambassador Thomas R. Pickering and vice11 chaired by Admiral Michael Mullen, former Chair12 man of the Joint Chiefs of Staff, was subsequently 

13 convened to examine security failures leading to the 

14 attacks. 

15 (5) The Board found, in particular, the fol16 lowing: 

17 (A) Systemic failures in leadership and 

18 management at the Department of State led to 

19 inadequate security and unclear lines of respon20 sibility for security considerations in Benghazi. 

21 (B) Physical security at the site was inad22 equate and local Libyan responders failed to 

23 adequately respond to the sudden penetration of 

24 the mission. 


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1 (C) There were no immediate, specific tac2 tical warnings of an attack although officials 

3 were aware of intelligence gaps on militia activ4 ity in Libya and the threat such activity posed 

5 to United States interests. 

6 (6) The Board made 29 recommendations for 

7 the Department of State, including— 

8 (A) enhancing security in high risk, high 

9 threat posts and reviewing the balance between 

10 the risk and benefits of a particular post; 

11 (B) reexamining organization and manage12 ment with a focus on security planning in the 

13 Bureau of Diplomatic Security; 

14 (C) establishing minimum security stand15 ards for temporary facilities, such as Benghazi, 

16 in high risk, high threat environments; and 

17 (D) improving training for personnel serv18 ing in high risk, high threat posts. 

19 (7) Former Secretary of State Hillary Clinton 

20 accepted all of the Board’s recommendations and di21 rected that they be implemented. 

22 (8) United States public servants work in dan23 gerous places around the world to advance United 

24 States interests and values, and it is not possible to 


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1 conduct robust diplomatic and development efforts 

2 without inherent risk. 

3 (9) The dedicated men and women of the for4 eign and civil service are worthy of a serious and 

5 sustained commitment to enhancing security and 

6 better protecting them when they serve in hostile en7 vironments. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on Foreign Affairs of 

13 the House of Representatives and the Committee on 

14 Foreign Relations of the Senate. 

15 (2) HIGH RISK, HIGH THREAT POST.—The term 

16 ‘‘high risk, high threat post’’ means a United States 

17 diplomatic or consular post, as determined by the 

18 Secretary of State, that, among other factors, is— 

19 (A) located in a country— 

20 (i) with high to critical levels of polit21 ical violence and terrorism; and 

22 (ii) the government of which lacks the 

23 capacity or willingness to provide adequate 

24 security; and 


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1 (B) with mission physical security plat2 forms that fall below the Department of State’s 

3 established standards. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of State. 

6 TITLE I—REVIEW AND 

7 PLANNING REQUIREMENTS 

8 SEC. 101. DESIGNATION OF HIGH RISK, HIGH THREAT 

9 POSTS AND WORKING GROUPS. 

10 (a) IN GENERAL.—Title I of the Omnibus Diplomatic 

11 Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 

12 et seq.; relating to diplomatic security) is amended by in13 serting after section 103 the following new sections: 

14 ‘‘SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT 

15 POSTS. 

16 ‘‘(a) INITIAL DESIGNATION.—Not later than 30 days 

17 after the date of the enactment of this section, the Sec18 retary shall submit to the appropriate congressional com19 mittees a report, in classified form, that contains an initial 

20 list of diplomatic and consular posts designated as high 

21 risk, high threat posts. 

22 ‘‘(b) DESIGNATIONS BEFORE OPENING OR REOPEN23 ING POSTS.—Before opening or reopening a diplomatic or 

24 consular post, the Secretary shall determine if such post 

25 should be designated as a high risk, high threat post. 


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1 ‘‘(c) DESIGNATING EXISTING POSTS.—The Secretary 

2 shall regularly review existing diplomatic and consular 

3 posts to determine if any such post should be designated 

4 as a high risk, high threat post if conditions at such post 

5 or the surrounding security environment require such a 

6 designation. 

7 ‘‘(d) DEFINITIONS.—In this section and section 105: 

8 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘appropriate congressional com10 mittees’ means the Committee on Foreign Affairs of 

11 the House of Representatives and the Committee on 

12 Foreign Relations of the Senate. 

13 ‘‘(2) HIGH RISK, HIGH THREAT POST.—The 

14 term ‘high risk, high threat post’ means a United 

15 States diplomatic or consular post, as determined by 

16 the Secretary, that, among other factors, is— 

17 ‘‘(A) located in a country— 

18 ‘‘(i) with high to critical levels of po19 litical violence and terrorism; and 

20 ‘‘(ii) the government of which lacks 

21 the ability or willingness to provide ade22 quate security; and 

23 ‘‘(B) with mission physical security plat24 forms that fall below the Department of State’s 

25 established standards. 


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1 ‘‘SEC. 105. WORKING GROUPS FOR HIGH RISK, HIGH 

2 THREAT POSTS. 

3 ‘‘(a) ESTABLISHMENT.—Before opening or reopening 

4 a high risk, high threat post, the Secretary shall establish 

5 a working group that is responsible for the geographic 

6 area in which such post is to be opened or reopened. 

7 ‘‘(b) DUTIES.—The duties of the working group es8 tablished in accordance with subsection (a) shall include— 

9 ‘‘(1) evaluating the importance of the objectives 

10 of the proposed post to the national security of the 

11 United States, and the type and level of security 

12 threats such post could encounter; 

13 ‘‘(2) completing working plans to expedite the 

14 approval and funding for establishing and operating 

15 such post, implementing physical security measures, 

16 providing necessary security and management per17 sonnel, and the provision of necessary equipment; 

18 and 

19 ‘‘(3) establishing security benchmarks that 

20 would determine specific action, including enhanced 

21 security measures or evacuation of such post, based 

22 on the improvement or deterioration of the local se23 curity environment. 

24 ‘‘(c) COMPOSITION.—The working group may be 

25 composed of representatives of the— 

26 ‘‘(1) appropriate regional bureau; 


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1 ‘‘(2) Bureau of Diplomatic Security; 

2 ‘‘(3) Bureau of Overseas Building Operations; 

3 ‘‘(4) Bureau of Intelligence and Research; and 

4 ‘‘(5) other bureaus or offices as determined by 

5 the Secretary. 

6 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Not less than 

7 15 days before opening or reopening a high risk, high 

8 threat post, the Secretary shall notify the appropriate con9 gressional committees in classified form of— 

10 ‘‘(1) the decision to open or reopen such post; 

11 and 

12 ‘‘(2) the results of the working group under 

13 subsection (b).’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents of the Omnibus Diplomatic Security and 

16 Antiterrorism Act of 1986 is amended by inserting after 

17 the item relating to section 103 the following new items: 

‘‘Sec. 104. Designation of high risk, high threat posts. 

‘‘Sec. 105. Working groups for high risk, high threat posts.’’. 

18 SEC. 102. CONTINGENCY PLANS FOR HIGH RISK, HIGH 

19 THREAT POSTS. 

20 Section 606(a) of the Secure Embassy Construction 

21 and Counterterrorism Act of 1999 (22 U.S.C. 4865(a); 

22 relating to diplomatic security) is amended— 

23 (1) in paragraph (1)(A)— 


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1 (A) by inserting ‘‘and from complex at2 tacks’’ after ‘‘attacks from vehicles’’; and 

3 (B) by inserting ‘‘or such a complex at4 tack’’ before the period at the end; 

5 (2) in paragraph (7), by inserting before the pe6 riod at the end the following: ‘‘, including at high 

7 risk, high threat posts (as such term is defined in 

8 section 104 of the Omnibus Diplomatic Security and 

9 Antiterrorism Act of 1986), including options for the 

10 deployment of additional military personnel or equip11 ment to bolster security and rapid deployment of 

12 armed or surveillance assets in response to an at13 tack’’. 

14 SEC. 103. SENSE OF CONGRESS REGARDING STRATEGIC RE15 VIEW OF BUREAU OF DIPLOMATIC SECURITY. 

16 (a) IN GENERAL.—It is the sense of Congress that 

17 the Secretary of State should complete a strategic review 

18 of the Bureau of Diplomatic Security of the Department 

19 of State to ensure that the mission and activities of the 

20 Bureau are fulfilling the current and projected needs of 

21 the Department of State. 

22 (b) CONTENTS OF REVIEW.—The strategic review de23 scribed in subsection (a) should include assessments of— 

24 (1) staffing needs for both domestic and inter25 national operations; 


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1 (2) facilities under chief of mission authority 

2 adhering to security standards; 

3 (3) security personnel with the necessary lan4 guage skills for assignment to overseas posts; 

5 (4) programs being carried out by personnel 

6 with the necessary experience and at commensurate 

7 grade levels; 

8 (5) necessary security training provided to per9 sonnel under chief of mission authority for expected 

10 assignments and objectives; 

11 (6) balancing security needs with an ability to 

12 carry out the diplomatic mission of the Department 

13 of State; and 

14 (7) the budgetary implications of balancing 

15 multiple missions. 

16 TITLE II—PHYSICAL SECURITY 

17 AND PERSONNEL REQUIRE18 MENTS 

19 SEC. 201. CAPITAL SECURITY COST SHARING PROGRAM. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated for fiscal year 2014 for the 

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

23 expended, for the Capital Security Cost Sharing Program, 

24 authorized by section 604(e) of Secure Embassy Construc25 tion and Counterterrorism Act of 1999 (title VI of division 


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1 A of H.R. 3427, as enacted into law by section 1000(a)(7) 

2 of 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 the Capital Security Cost Sharing Program should 

7 prioritize the construction of new facilities and the mainte8 nance of existing facilities at high risk, high threat posts. 

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 new sentence: ‘‘A project to construct 

16 a diplomatic facility of the United States may not include 

17 office space or other accommodations for an employee of 

18 a Federal department or agency if the Secretary of State 

19 determines that such department or agency has not pro20 vided to the Department of State the full amount of fund21 ing required by paragraph (1), except that such project 

22 may include office space or other accommodations for 

23 members of the United States Marine Corps.’’. 


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1 SEC. 202. LOCAL GUARD CONTRACTS ABROAD UNDER DIP2 LOMATIC SECURITY PROGRAM. 

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

4 Relations Authorization Act, Fiscal Years 1990 and 1991 

5 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 

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

7 award contracts to technically acceptable firms offer8 ing the lowest evaluated price, except that— 

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

10 the basis of best value (as determined by a cost11 technical tradeoff analysis); and 

12 ‘‘(B) proposals received from United 

13 States persons and qualified United States joint 

14 venture persons shall be evaluated by reducing 

15 the bid price by 10 percent;’’. 

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

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

18 to the appropriate congressional committees a report that 

19 includes— 

20 (1) an explanation of the implementation of 

21 paragraph (3) of section 136(c) of the Foreign Rela22 tions Authorization Act, Fiscal Years 1990 and 

23 1991, as amended by subsection (a); and 

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

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1 proval, providing the basis for such award and an 

2 explanation of the inability to satisfy the needs of 

3 the Department of State by technically acceptable, 

4 lowest price evaluation award. 

5 SEC. 203. TRANSFER AUTHORITY. 

6 Section 4 of the Foreign Service Buildings Act, 1926 

7 (22 U.S.C. 295) is amended by adding at the end the fol8 lowing new subsections: 

9 ‘‘(j) In addition to exercising any other transfer au10 thority available to the Secretary of State, and subject to 

11 subsection (k), the Secretary may transfer to, and merge 

12 with, any appropriation for embassy security, construc13 tion, and maintenance such amounts appropriated for any 

14 other purpose related to the administration of foreign af15 fairs on or after October 1, 2013, as the Secretary deter16 mines necessary to provide for the security of sites and 

17 buildings in foreign countries under the jurisdiction and 

18 control of the Secretary. 

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

20 funds pursuant to subsection (j), the Secretary of State 

21 shall notify the Committees on Foreign Relations and Ap22 propriations of the Senate and the Committees on Foreign 

23 Affairs and Appropriations of the House of Representa24 tives of such transfer.’’. 


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1 SEC. 204. PHYSICAL SECURITY OF CERTAIN 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 ‘‘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)— 

10 (A) in subparagraph (B), by striking ‘‘to 

11 facilitate the’’ and all that follows through ‘‘Af12 ghanistan,’’; and 

13 (B) by aligning the margins of subpara14 graph (C) with the margins of subparagraph 

15 (B); 

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

17 (3) by redesignating paragraph (3) as para18 graph (2). 

19 SEC. 206. EXEMPTIONS FROM CERTAIN PROTEST PROCE20 DURES FOR NON-COMPETE CONTRACTING IN 

21 EXIGENT CIRCUMSTANCES. 

22 A determination by the Department of State to use 

23 a procurement competition exemption under section 3304 

24 of title 41, United States Code, in order to meet emer25 gency security requirements shall not be subject to chal26 lenge by protest under either sections 3551 through 3557 


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

2 28, United States Code. 

3 SEC. 207. SENSE OF CONGRESS ON MINIMUM SECURITY 

4 STANDARDS FOR TEMPORARY UNITED 

5 STATES DIPLOMATIC AND CONSULAR POSTS. 

6 It is the sense of Congress that— 

7 (1) the Overseas Security Policy Board’s secu8 rity standards for facilities should apply to all facili9 ties regardless of the duration of their occupancy; 

10 and 

11 (2) such facilities should comply with require12 ments for attaining a waiver or exception to applica13 ble standards if it is in the national interest of the 

14 United States. 

15 SEC. 208. SENSE OF CONGRESS ON ASSIGNMENT OF PER16 SONNEL AT HIGH RISK, HIGH THREAT POSTS. 

17 It is the sense of Congress that the Secretary of State 

18 should station key personnel for sustained periods of time 

19 at high risk, high threat posts in order to— 

20 (1) establish institutional knowledge and situa21 tional awareness that would allow for a fuller famil22 iarization of the local political and security environ23 ment; and 

24 (2) ensure that necessary security steps are im25 plemented. 


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1 TITLE III—SECURITY TRAINING 

2 SEC. 301. SECURITY TRAINING FOR PERSONNEL ASSIGNED 

3 TO HIGH RISK, HIGH THREAT POSTS. 

4 (a) IN GENERAL.—Title IV of the Omnibus Diplo5 matic Security and Antiterrorism Act of 1986 (22 U.S.C. 

6 4851 et seq.; relating to diplomatic security) is amended 

7 by adding at the end the following new sections: 

8 ‘‘SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED 

9 TO A HIGH RISK, HIGH THREAT POST. 

10 ‘‘(a) IN GENERAL.—Individuals assigned perma11 nently to or who are in long-term temporary duty status 

12 as designated by the Secretary at a high risk, high threat 

13 post shall receive security training described in subsection 

14 (b) on a mandatory basis in order to prepare such individ15 uals for living and working at such posts. 

16 ‘‘(b) SECURITY TRAINING DESCRIBED.—Security 

17 training referred to in subsection (a)— 

18 ‘‘(1) is training to improve basic knowledge and 

19 skills; and 

20 ‘‘(2) may include— 

21 ‘‘(A) an ability to recognize, avoid, and re22 spond to potential terrorist situations, including 

23 a complex attack; 

24 ‘‘(B) conducting surveillance detection; 

25 ‘‘(C) providing emergency medical care; 


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1 ‘‘(D) awareness of improvised explosive de2 vices; 

3 ‘‘(E) firearms familiarization; and 

4 ‘‘(F) defensive driving maneuvers. 

5 ‘‘(c) EFFECTIVE DATE.—The requirements of this 

6 section shall take effect beginning on the date that is one 

7 year after the date of the enactment of this section. 

8 ‘‘(d) DEFINITION.—In this section and sections 417 

9 and 418, the term ‘high risk, high threat post’ has the 

10 meaning given such term in section 104. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated such sums as may be nec13 essary to carry out this section. 

14 ‘‘SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFI15 CIALS ASSIGNED TO A HIGH RISK, HIGH 

16 THREAT POST. 

17 ‘‘(a) IN GENERAL.—Officials described in subsection 

18 (c) who are assigned to a high risk, high threat post shall 

19 receive security training described in subsection (b) on a 

20 mandatory basis in order to improve the ability of such 

21 officials to make security-related management decisions. 

22 ‘‘(b) SECURITY TRAINING DESCRIBED.—Security 

23 training referred to in subsection (a) may include— 

24 ‘‘(1) development of skills to better evaluate 

25 threats; 


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1 ‘‘(2) effective use of security resources to miti2 gate such threats; and 

3 ‘‘(3) improved familiarity of available security 

4 resources. 

5 ‘‘(c) OFFICIALS DESCRIBED.—Officials referred to in 

6 subsection (a) are— 

7 ‘‘(1) members of the Senior Foreign Service ap8 pointed under section 302(a)(1) or 303 of the For9 eign Service Act of 1980 (22 U.S.C. 3942(a)(1) and 

10 3943) or members of the Senior Executive Service 

11 (as such term is described in section 3132(a)(2) of 

12 title 5, United States Code); 

13 ‘‘(2) Foreign Service officers appointed under 

14 section 302(a)(1) of the Foreign Service Act of 1980 

15 (22 U.S.C. 3942(a)(1)) holding a position in classes 

16 FS–1, FS–2, or FS–3; and 

17 ‘‘(3) individuals holding a position in grades 

18 GS–13, GS–14, or GS–15. 

19 ‘‘(d) EFFECTIVE DATE.—The requirements of this 

20 section shall take effect beginning on the date that is 1 

21 year after the date of the enactment of this section. 

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to carry out this section 

24 such sums as may be necessary. 


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1 ‘‘SEC. 418. LANGUAGE REQUIREMENTS FOR DIPLOMATIC 

2 SECURITY PERSONNEL ASSIGNED TO HIGH 

3 RISK, HIGH THREAT POST. 

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

5 assigned permanently to or who are in long-term tem6 porary duty status as designated by the Secretary at a 

7 high risk, high threat post should receive language train8 ing described in subsection (b) in order to prepare such 

9 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 to— 

13 ‘‘(1) speak the language at issue with sufficient 

14 structural accuracy and vocabulary to participate ef15 fectively in most formal and informal conversations; 

16 and 

17 ‘‘(2) read within a normal range of speed and 

18 with almost complete comprehension. 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 such sums as may be necessary.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents of the Omnibus Diplomatic Security and 

24 Antiterrorism Act of 1986 is amended by inserting after 

25 the item relating to section 415 the following new items: 


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‘‘Sec. 416. Security training for personnel assigned to a high risk, high threat 

post. 

‘‘Sec. 417. Security management training for officials assigned to a high risk, 

high threat post. 

‘‘Sec. 418. Language requirements for diplomatic security personnel assigned to 

high risk, high threat post.’’. 

1 SEC. 302. REPORT TO CONGRESS. 

2 Not later than 18 months after the date of the enact3 ment of this Act, the Secretary shall submit to the appro4 priate congressional committees a report on the implemen5 tation of this title. 

6 TITLE IV—DEATH GRATUITY 

7 SEC. 401. DEATH GRATUITY. 

8 Section 413 of the Foreign Service Act of 1980 (22 

9 U.S.C. 3973) is amended— 

10 (1) in subsection (a), by striking ‘‘at the time 

11 of death’’ and inserting ‘‘at level II of the Executive 

12 Schedule under section 5313 of title 5, United 

13 States Code, as in effect at the time of death, except 

14 that for employees compensated under local com15 pensation plans established under section 408, the 

16 amount shall be equal to the greater of either one 

17 year’s salary at the time of death, or one year’s 

18 basic salary at the highest step of the highest grade 

19 on the local compensation plan from which the em20 ployee was being paid at the time of death’’; 

21 (2) in subsection (b), by adding at the end the 

22 following: ‘‘The Secretary may waive the requireVerDate Mar 15 2010 03:06 Jul 20, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723

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1 ment that the survivor be entitled to elect monthly 

2 compensation under section 8133 of title 5, United 

3 States Code, if the survivor would otherwise be enti4 tled to payment under this section and the Secretary 

5 determines such waiver is appropriate under the cir6 cumstances.’’; 

7 (3) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) ORDER OF PAYMENT.—A death gratuity pay10 ment under this section shall be made as follows: 

11 ‘‘(1) First, to the widow or widower. 

12 ‘‘(2) Second, to the familial designee, if there is 

13 no widow or widower. 

14 ‘‘(3) Third, to the child, or children in equal 

15 shares, if there is no widow, widower, or familial 

16 designee. 

17 ‘‘(4) Fourth, to the parent, or parents in equal 

18 shares, if there is no widow, widower, familial des19 ignee, or child. 

20 If there is no survivor entitled to payment under this sub21 section, no payment shall be made.’’; 

22 (4) in subsection (d)— 

23 (A) in paragraph (1), by striking ‘‘and’’ 

24 after the semicolon; 


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1 (B) in paragraph (2), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) adding at the end the following: 

4 ‘‘(3) the term ‘familial designee’ means the eli5 gible family member whom the decedent has des6 ignated as the recipient of this benefit under regula7 tions of the Department of State’’; 

8 (5) by redesignating subsections (b), (c), and 

9 (d) as subsections (d), (e), and (f); and 

10 (6) by inserting after subsection (a) the fol11 lowing new subsections: 

12 ‘‘(b) PAYMENT TO SURVIVORS OF EMPLOYEES OF

13 AGENCIES.—The head of an executive agency shall, with 

14 the concurrence of the Secretary of State, make a death 

15 gratuity payment authorized by this section to the sur16 vivors, as set forth in subsection (e), of any employee of 

17 that agency who dies as a result of injuries sustained in 

18 the performance of duty abroad while subject to the au19 thority of the chief of mission under section 207. 

20 ‘‘(c) PAYMENT TO SURVIVORS OF INTERNS.—The 

21 Secretary may make a death gratuity payment of up to 

22 $500,000 to the survivors, as set forth in subsection (e), 

23 of an intern serving at a United States diplomatic or con24 sular mission abroad without a regular salary who dies 

25 as a result of injuries sustained because of an act of terVerDate Mar 15 2010 03:06 Jul 20, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723

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1 rorism occurring while on duty abroad, and who is not 

2 otherwise compensated under this section.’’. 

3 SEC. 402. INCREASED GROUP LIFE INSURANCE AND SUR4 VIVORS’ EDUCATIONAL BENEFITS APPLICA5 BLE TO THOSE KILLED IN TERRORIST AT6 TACKS. 

7 (a) IN GENERAL.—Chapter 4 of the Foreign Service 

8 Act of 1980 (22 U.S.C. 3961 et seq.) is amended by add9 ing at the end the following new sections: 

10 ‘‘SEC. 415. GROUP LIFE INSURANCE SUPPLEMENT FOR 

11 THOSE KILLED IN TERRORIST ATTACKS. 

12 ‘‘(a) FOREIGN SERVICE EMPLOYEES.—Notwith13 standing the amounts specified in chapter 87 of title 5, 

14 United States Code, a Foreign Service employee who dies 

15 while on duty abroad as a result of injuries sustained be16 cause of an act of terrorism occurring while on duty 

17 abroad shall be eligible, at the Secretary’s discretion, for 

18 an additional payment from the United States in an 

19 amount equal to the difference between that employee’s 

20 employer-provided group life insurance policy coverage (if 

21 any) and $400,000, except that for employees com22 pensated under local compensation plans established 

23 under section 408, the amount shall be determined by reg24 ulations implemented by the Secretary and shall be no 

25 greater than $400,000. This payment shall be made to 


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1 the beneficiary designated under the employee’s employer2 provided group life insurance policy. If no beneficiary is 

3 named, the payment shall be made according to the order 

4 of precedence specified by the Office of Personnel Manage5 ment under section 870.801 of title 5, Code of Federal 

6 Regulations (or successor regulation). 

7 ‘‘(b) EMPLOYEES OF OTHER AGENCIES.—The head 

8 of an executive agency shall, with the concurrence of the 

9 Secretary of State, provide the additional payment author10 ized by this section, consistent with the provisions set 

11 forth in section (a), with respect to any employee of that 

12 agency who dies as a result of injuries sustained because 

13 of an act of terrorism occurring while on duty abroad and 

14 while subject to the authority of a chief of mission under 

15 section 207. 

16 ‘‘(c) TERRORISM DEFINED.—In this section and sec17 tion 416, the term ‘terrorism’ has the meaning given that 

18 term in section 140(d) of the Foreign Relations Authoriza19 tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

20 2656f(d)). 

21 ‘‘SEC. 416. EDUCATIONAL ASSISTANCE FOR SURVIVORS 

22 AND DEPENDENTS. 

23 ‘‘(a) SURVIVORS OF FOREIGN SERVICE EMPLOY24 EES.—The Secretary shall provide educational assistance 

25 to a widow, widower, familial designee, or child(ren) of any 


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1 United States national Foreign Service employee who dies 

2 while on duty abroad as a result of injuries sustained be3 cause of an act of terrorism occurring while on duty 

4 abroad, to meet, in whole or in part, the expenses incurred 

5 by that widow, widower, familial designee, or child(ren) 

6 in pursuing a program of education at an educational in7 stitution, including subsistence, tuition, fees, supplies, 

8 books, equipment, and other educational costs. 

9 ‘‘(b) SURVIVORS OF EMPLOYEES OF OTHER AGEN10 CIES.—The head of an executive agency shall, with the 

11 concurrence of the Secretary of State, provide educational 

12 assistance authorized by this section to a widow, widower, 

13 familial designee, or child(ren) of any employee of that 

14 agency who dies as a result of injuries sustained because 

15 of an act of terrorism occurring while on duty abroad and 

16 while subject to the authority of a chief of mission under 

17 section 207. 

18 ‘‘(c) LIMITATION ON AMOUNT OF ASSISTANCE.— 

19 Educational assistance under this section may be made 

20 available up to the amounts provided for in section 3532 

21 of title 38, United States Code, as adjusted by section 

22 3564 of title 38, United States Code, and for an aggregate 

23 period of not more than 45 months. 

24 ‘‘(d) DEFINITIONS.—For purposes of this section, the 

25 terms ‘program of education’ and ‘educational institution’ 


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1 have the meanings given those terms in section 3501 of 

2 title 38, United States Code.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 2 of the Foreign Service Act of 1980 is amended 

5 by inserting after the item relating to section 414 the fol6 lowing new items: 

‘‘Section 415. Group life insurance supplement for those killed in terrorist attacks. 

‘‘Section 416. Educational assistance for survivors and dependents.’’. 

7 SEC. 403. RETROACTIVE PAYMENT. 

8 At the discretion of the Secretary of State, and not9 withstanding any other provision of law, sections 413, 

10 415, and 416 of the Foreign Service Act of 1980 may 

11 apply in the case of a Foreign Service employee, executive 

12 branch employee subject to the authority of the chief of 

13 mission under section 207 of the Foreign Service Act of 

14 1980, or intern serving at a United States diplomatic or 

15 consular mission abroad without a regular salary, who 

16 died on or after April 18, 1983, and before the date of 

17 the enactment of this Act, as a result of injuries sustained 

18 because of an act of terrorism, as defined in section 140(d) 

19 of the Foreign Relations Authorization Act, Fiscal Years 

20 1988 and 1989 (22 U.S.C. 2656f(d)). Any retroactive pay21 ments made under this section shall be reduced by the 

22 amount of any death gratuity or employer-provided group 

23 life insurance payment previously provided by the United 


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1 States to any widow, widower, familial designee, 

2 child(ren), or other beneficiary based on the same death. 

3 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) FUNDING FROM AGENCY ACCOUNTS.—Any ben5 efit or payment made available under this Act by an agen6 cy of the United States shall be paid from available funds 

7 of that agency. 

8 (b) DEPARTMENT OF STATE FUNDS.—(1) Amounts 

9 made available to the Department of State pursuant to 

10 the sixth proviso under the heading ‘‘Department of 

11 State–Administration of Foreign Affairs–Diplomatic and 

12 Consular Programs’’ in title I of the Department of State, 

13 Foreign Operations, and Related Programs Appropria14 tions Act, 2008 (division J of Public Law 110–161) are 

15 authorized to be used by the Department of State to pay 

16 benefits or payments made available under this Act. 

17 (2) To pay benefits or payments made available 

18 under this Act, the Secretary of State may merge with 

19 the funds described in paragraph (1) unobligated balances 

20 of funds appropriated under the heading ‘‘Department of 

21 State–Administration of Foreign Affairs–Diplomatic and 

22 Consular Programs’’ in an appropriations Act for fiscal 

23 year 2013 or for any fiscal year hereafter, until not later 

24 than the end of the fifth fiscal year after the fiscal year 


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1 for which such funds were first appropriated or otherwise 

2 made available. 

3 SEC. 405. CONFORMING AMENDMENT. 

4 The table of contents of the Foreign Service Act of 

5 1980 is amended by inserting after the item relating to 

6 section 414 the following new items: 

‘‘Sec. 415. Group life insurance supplement for those killed in terrorist attacks. 

‘‘Sec. 416. Educational assistance for survivors and dependents.’’. 

Æ 


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