S. 1386 — what changed
Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security, Threat Mitigation, and Personnel Protection Act of 2013
From Introduced in Senate to Reported in Senate. 3 sections amended and 4 added between Introduced in Senate and Reported in Senate.
Sec. 101 Capital Security Cost Sharing Program
Authorization of appropriations— There is authorized to be appropriated for fiscal year 2014 for the Department of State $1,383,000,000, to be available until expended, for the Capital Security Cost Sharing Program, authorized by section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–453; 22 U.S.C. 4865 note).
Sense of congress on the capital security cost sharing program— It is the sense of Congress that—
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the Capital Security Cost Sharing Program should prioritize the construction of new facilities and the maintenance of existing facilities in high threat, high risk areas in addition to addressing immediate threat mitigation as set forth in section 102; 102, and should take into consideration the priorities of other government agencies that are contributing to the Capital Security Cost Sharing Program when replacing or upgrading diplomatic facilities; and
all United States Government agencies are required to pay into the Capital Security Cost Sharing Program a percentage of total costs determined by interagency agreements, in order to address immediate threat mitigation needs and increase funds for the Capital Security Cost Sharing Program for fiscal year 2014, including to address inflation and increased construction costs.
Restriction on construction of office space— Section 604(e)(2) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–453; 22 U.S.C. 4865 note) is amended by adding at the end the following: “A project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by paragraph (1), except that such project may include office space or other accommodations for members of the United States Marine Corps. Funding appropriated for Overseas Contingency Operations for Worldwide Security Upgrades shall be considered to be part of the Department of State’s Capital Security Cost Sharing Program payment, and, subject to annual appropriations, shall be subject to the funding requirements in paragraph (1).”.
Sec. 104 Foreign affairs security training
Sense of congress— It is the sense of Congress that—
Department of State employees and their families deserve improved and efficient programs and facilities for high threat training and training on risk management decision processes;
improved and efficient high threat, high risk training is consistent with the Benghazi Accountability Review Board (ARB) recommendation number 17;
improved and efficient security training should take advantage of training synergies that already exist, like training with, or in close proximity to, Fleet Antiterrorism Security Teams (FAST), special operations forces, or other appropriate military and security assets; and
the Secretary of State should undertake temporary measures, including leveraging the availability of existing government and private sector training facilities, to the extent appropriate to meet the critical security training requirements of the Department of State.
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Authorization of appropriations—appropriations for immediate security training for high threat, high risk environments— There is authorized to be appropriated for the Department of State $100,000,000 for improved immediate security training for high threat, high risk security training, including—environments, including through the utilization of government or private sector facilities to meet critical security training requirements.
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expanding existing government training facilities; and
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utilizing other government or private sector facilities to meet critical security training requirements.
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Additional authorization of appropriations—appropriations for long-term security training for high threat, high risk environments—
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In general— There is authorized to be appropriated $350,000,000 for the acquisition, construction, and operation of a new Foreign Affairs Security Training Center, Center or expanding existing government training facilities, subject to the certification requirement in paragraph (2).
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Required certification— Not later than 15 days prior to the obligation or expenditure of any funds authorized to be appropriated pursuant to paragraph (1), the President shall certify to the appropriate congressional committees that the acquisition, construction, and operation of a new Foreign Affairs Security Training Center Center, or the expansion of existing government training facilities, is necessary to meet high threat long-term security training requirements.requirements for high threat, high risk environments.
Effect of certification— If the certification in paragraph (2) is made—
up to $100,000,000 of the funds authorized to be appropriated under subsection (b) shall also be authorized for the purposes set forth in paragraph (1); or
up to $100,000,000 of funds available for the acquisition, construction, or operation of Department of State facilities may be transferred and used for the purposes set forth in paragraph (1).
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Use of funds appropriated under the American Reinvestment american reinvestment and Recovery Act recovery act of 2009— Of the funds appropriated to the Department of State under title XI of the American Reinvestment and Recovery Act of 2009 (Public Law 111–5), $54,545,177 is to remain available until September 30, 2016, for activities consistent with subsections (b) and (c).
Sec. 402 Designation and reporting for high threat, high risk facilities
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Report required— Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees committeesSecretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, shall submit to the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives a classified report, with an unclassified summary, evaluating Department of State facilities that the Secretary of State determines to be high threat, high risk in accordance with subsection (c).
Content— For each facility determined to be “high threat, high risk” pursuant to subsection (a), the report submitted under such subsection shall also include—
a narrative assessment describing the security threats and risks facing posts overseas and the overall threat level to United States personnel under chief of mission authority;
the number of diplomatic security personnel, Marine Corps security guards, and other Department of State personnel dedicated to providing security for United States personnel, information, and facilities;
an assessment of host nation willingness and capability to provide protection in the event of a security threat or incident, pursuant to the obligations of the United States under the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and the 1961 Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961;
an assessment of the quality and experience level of the team of United States senior security personnel assigned to the facility, considering collectively the assignment durations and lengths of government experience;
the number of Foreign Service Officers who have received Foreign Affairs Counter Threat training;
a summary of the requests made during the previous calendar year for additional resources, equipment, or personnel related to the security of the facility and the status of such requests;
an assessment of the ability of United States personnel to respond to and survive a fire attack, including—
whether the facility has adequate fire safety and security equipment for safehavens and safe areas; and
whether the employees working at the facility have been adequately trained on the equipment available;
for each new facility that is opened, a detailed description of the steps taken to provide security for the new facility, including whether a dedicated support cell was established in the Department of State to ensure proper and timely resourcing of security; and
a listing of any high-threat, high-risk facilities where the Department of State and other government agencies’ facilities are not collocated including—
a rationale for the lack of collocation; and
a description of what steps, if any, are being taken to mitigate potential security vulnerabilities associated with the lack of collocation.
Determination of high threat, high risk facility— In determining what facilities constitute high threat, high risk facilities under this section, the Secretary shall take into account with respect to each facility whether there are—
high to critical levels of political violence or terrorism;
national or local governments with inadequate capacity or political will to provide appropriate protection; and
in locations where there are high to critical levels of political violence or terrorism or national or local governments lack the capacity or political will to provide appropriate protection—
mission physical security platforms that fall well below the Department of State’s established standards; or
security personnel levels that are insufficient for the circumstances.
Inspector general review and report— The Inspector General for the Department of State and the Broadcasting Board of Governors shall, on an annual basis—
review the determinations of the Department of State with respect to high threat, high risk facilities, including the basis for making such determinations;
review contingency planning for high threat, high risk facilities and evaluate the measures in place to respond to attacks on such facilities;
review the risk mitigation measures in place at high threat, high risk facilities to determine how the Department of State evaluates risk and whether the measures put in place sufficiently address the relevant risks;
review early warning systems in place at high threat, high risk facilities and evaluate the measures being taken to preempt and disrupt threats to such facilities; and
provide to the appropriate congressional committees an assessment of the determinations of the Department of State with respect to high threat, high risk facilities, including recommendations for additions or changes to the list of such facilities, and a report regarding the reviews and evaluations undertaken pursuant to paragraphs (1) through (4) and this paragraph.
Sec. 403 Designation and reporting for high-risk counterintelligence threat posts
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Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in conjunction with appropriate officials in the intelligence community and the Secretary of Defense, shall submit to the appropriate committees of Congress a report assessing the counterintelligence threat to United States diplomatic facilities in Priority 1 Counterintelligence Threat Nations, including—
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an assessment of the use of locally employed staff and guard forces and a listing of diplomatic facilities in Priority 1 Counterintelligence Threat Nations without controlled access areas; and
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recommendations for mitigating any counterintelligence threats and for any necessary facility upgrades, including costs assessment of any recommended mitigation or upgrades so recommended.
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Definitions— In this section:
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Appropriate committees of Congress— The term appropriate committees of Congress means—
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the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
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the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
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Priority 1 Counterintelligence Threat Nation— The term Priority 1 Counterintelligence Threat Nation means a country designated as such by the October 2012 National Intelligence Priorities Framework (NIPF).
Sec. 404 Comptroller General report on implementation of Benghazi Accountability Review Board recommendations
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In general— Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the progress of the Department of State in implementing the recommendations of the Benghazi Accountability Review Board.
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Content— The report required under subsection (a) shall include—
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an assessment of the progress the Department of State has made in implementing each specific recommendation of the Accountability Review Board; and
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a description of any impediments to recommended reforms, such as budget constraints, bureaucratic obstacles within the Department or in the broader interagency community, or limitations under current law.
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Form— The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Sec. 405 Security Environment Threat List briefings
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In general— Not later than 90 days after the date of the enactment of this Act, and upon each subsequent update of the Security Environment Threat List (SETL), the Bureau of Diplomatic Security shall provide classified briefings to the appropriate congressional committees on the SETL.
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Content— The briefings required under subsection (a) shall include—
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an overview of the SETL; and
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a summary assessment of the security posture of those facilities where the SETL assesses the threat environment to be most acute, including factors that informed such assessment.
Sec. 601 Enhanced qualifications for Deputy Assistant Secretary of State for High Threat, High Risk Posts
addedadded The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after section 206 (22 U.S.C. 4824) the following new section:
added “207. Deputy Assistant Secretary of State for High Threat, High Risk Posts
added “The individual serving as Deputy Assistant Secretary of State for High Threat, High Risk Posts shall have one or more of the following qualifications:
added “(1) Service during the last six years at one or more posts designated as High Threat, High Risk by the Department of State at the time of service.
added “(2) Previous service as the office director or deputy director of one or more of the following Department of State offices or successor entities carrying out substantively equivalent functions:
added “(A) The Office of Mobile Security Deployments.
added “(B) The Office of Special Programs and Coordination.
added “(C) The Office of Overseas Protective Operations.
added “(D) The Office of Physical Security Programs.
added “(E) The Office of Intelligence and Threat Analysis.
added “(3) Previous service as the Regional Security Officer at two or more overseas posts.
added “(4) Other government or private sector experience substantially equivalent to service in the positions listed in paragraphs (1) through (3).”