US Codex
Bill
Notes

Title IV — Reporting on the implementation of the Accountability Review Board recommendations

S. 1386 · 113th Congress · Jul 30, 2013 · Lineage

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

(a)
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an unclassified report, with a classified annex, on the implementation by the Department of State of the recommendations of the Accountability Review Board convened pursuant to title III of the Omnibus Diplomatic and Antiterrorism Act of 1986 (22 U.S.C. 4831 et seq.) to examine the facts and circumstances surrounding the September 11–12, 2012, killings of four United States Government personnel in Benghazi, Libya.
(b)
Content— The report required under subsection (a) shall include the following elements:
(1)
An assessment of the overall state of the Department of State’s diplomatic security to respond to the evolving global threat environment, and the broader steps the Department of State is taking to improve the security of United States diplomatic personnel in the aftermath of the Accountability Review Board Report.
(2)
A description of the specific steps taken by the Department of State to address each of the 29 recommendations contained in the Accountability Review Board Report, including—
(A)
an assessment of whether implementation of each recommendation is “complete” or is still “in progress”; and
(B)
if the Secretary of State determines not to fully implement any of the 29 recommendations in the Accountability Review Board Report, a thorough explanation as to why such a decision was made.
(3)
An enumeration and assessment of any significant challenges that have slowed or interfered with the Department of State’s implementation of the Accountability Review Board recommendations, including—
(A)
a lack of funding or resources made available to the Department of State;
(B)
restrictions imposed by current law that in the Secretary of State’s judgment should be amended; and
(C)
difficulties caused by a lack of coordination between the Department of State and other United States Government agencies.

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

(a)
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 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).
(b)
Content— For each facility determined to be “high threat, high risk” pursuant to subsection (a), the report submitted under such subsection shall also include—
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
the number of Foreign Service Officers who have received Foreign Affairs Counter Threat training;
(6)
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;
(7)
an assessment of the ability of United States personnel to respond to and survive a fire attack, including—
(A)
whether the facility has adequate fire safety and security equipment for safehavens and safe areas; and
(B)
whether the employees working at the facility have been adequately trained on the equipment available;
(8)
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
(9)
a listing of any high-threat, high-risk facilities where the Department of State and other government agencies’ facilities are not collocated including—
(A)
a rationale for the lack of collocation; and
(B)
a description of what steps, if any, are being taken to mitigate potential security vulnerabilities associated with the lack of collocation.
(c)
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—
(1)
high to critical levels of political violence or terrorism;
(2)
national or local governments with inadequate capacity or political will to provide appropriate protection; and
(3)
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—
(A)
mission physical security platforms that fall well below the Department of State’s established standards; or
(B)
security personnel levels that are insufficient for the circumstances.
(d)
Inspector general review and report— The Inspector General for the Department of State and the Broadcasting Board of Governors shall, on an annual basis—
(1)
review the determinations of the Department of State with respect to high threat, high risk facilities, including the basis for making such determinations;
(2)
review contingency planning for high threat, high risk facilities and evaluate the measures in place to respond to attacks on such facilities;
(3)
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;
(4)
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
(5)
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

(a)
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—
(1)
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
(2)
recommendations for mitigating any counterintelligence threats and for any necessary facility upgrades, including costs assessment of any recommended mitigation or upgrades so recommended.
(b)
Definitions— In this section:
(1)
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B)
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.
(2)
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

(a)
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.
(b)
Content— The report required under subsection (a) shall include—
(1)
an assessment of the progress the Department of State has made in implementing each specific recommendation of the Accountability Review Board; and
(2)
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.
(c)
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

(a)
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.
(b)
Content— The briefings required under subsection (a) shall include—
(1)
an overview of the SETL; and
(2)
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.