US Codex
Pub. L.
Notes

Title I — Embassy Security and Personnel Protection

114th Congress · Approved Dec 16, 2016 · 130 Stat. 1905 · Lineage

TITLE I Embassy Security and Personnel Protection

Subtitle A Review and Planning Requirements

SEC. 101. Designation of High Risk, High Threat Posts.

(a)
In General.— Title I of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating to diplomatic security) is amended by inserting after section 103 the following new sections:

“SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.

“(a) Initial Designation.—Not later than 30 days after the date of the enactment of this section, the Department of State shall submit to the appropriate congressional committees a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts.

“(b) Designations Before Opening or Reopening Posts.—Before opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post.

“(c) Designating Existing Posts.—The Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation.

“(d) Definitions.—In this section:

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

“(2) High risk, high threat post.—The term ‘high risk, high threat post’ means a United States diplomatic or consular post or other United States mission abroad, as determined by the Secretary, that, among other factors—

“(A) is located in a country—

“(i) with high to critical levels of political violence and terrorism; and

“(ii) the government of which lacks the ability or willingness to provide adequate security; and

“(B) has mission physical security platforms that fall below the Department of State’s established standards.

“SEC. 105. BRIEFINGS ON EMBASSY SECURITY.

“(a) Briefing.—The Secretary shall provide monthly briefings to the appropriate congressional committees on—

“(1) any plans to open or reopen a high risk, high threat post, including—

“(A) the importance and appropriateness of the objectives of the proposed post to the national security of the United States, and the type and level of security threats such post could encounter;

“(B) working plans to expedite the approval and funding for establishing and operating such post, implementing physical security measures, providing necessary security and management personnel, and the provision of necessary equipment;

“(C) security ‘tripwires’ that would determine specific action, including enhanced security measures or evacuation of such post, based on the improvement or deterioration of the local security environment; and

“(D) in coordination with the Secretary of Defense, an evaluation of available United States military assets and operational plans to respond to such posts in extremis;

“(2) personnel staffing and rotation cycles at high risk, high threat posts;

“(3) the current security posture at posts of particular concern as determined by such committees; and

“(4) the progress towards implementation of the provisions specified in title I of the Department of State Authorities Act, Fiscal Year 2017.

“(b) Congressional Notification.—

“(1) In general.—Except as provided in paragraph (2), not later than 30 days before opening or reopening a high risk, high threat post, the Secretary shall notify the appropriate congressional committees of the decision to open or reopen such post.

“(2) Emergency circumstances.—If the Secretary determines that the national security interests of the United States require the opening or reopening of a high risk, high threat post in fewer than 30 days, then as soon as possible, but not later than 48 hours before such opening or reopening, the Secretary shall transmit to the appropriate congressional committees a notification detailing the decision to open or reopen such post, the nature of the critical national security interests at stake, and the circumstances that prevented the normal 30-day notice under paragraph (1).

“(c) Appropriate Congressional Committees.—In this section, the term ‘appropriate congressional committees’ means—

“(1) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives; and

“(2) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate.”

(b)
Conforming Amendment.— The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 103 the following new items:

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

“Sec. 105. Briefings on embassy security.”.

SEC. 102. Contingency Plans for High Risk, High Threat Posts.

Subsection (a) of section 606 of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865; relating to diplomatic security) is amended—
(1)
in paragraph (1)(A), in the first sentence—
(A)
by inserting “ and from complex attacks (as such term is defined in section 416 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986),” after “ attacks from vehicles”; and
(B)
by inserting “ or such a complex attack” before the period at the end;
(2)
in paragraph (7), by inserting before the period at the end the following: “ , including at high risk, high threat posts (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986), including options for the deployment of additional military personnel or equipment to bolster security and rapid deployment of armed or surveillance assets in response to an attack”.

SEC. 103. Direct Reporting.

The Assistant Secretary for Diplomatic Security shall report directly to the Secretary, without being required to obtain the approval or concurrence of any other official of the Department, as threats and circumstances require.

SEC. 104. Accountability Review Board Recommendations Related to Unsatisfactory Leadership.

(a)
In General.— Subsection (c) of section 304 of the Diplomatic Security Act (22 U.S.C. 4834) is amended—
(1)
in the matter preceding paragraph (1)—
(A)
by striking “ Whenever” and inserting “ If”; and
(B)
by striking “ has breached the duty of that individual” and inserting “ has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a)”;
(2)
in paragraph (2), by striking “ finding” each place it appears and inserting “ findings”; and
(3)
in the matter following paragraph (3)—
(A)
by striking “ has breached a duty of that individual” and inserting “ has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual as described in this subsection”; and
(B)
by striking “ to the performance of the duties of that individual”.
(b)
Effective Date.— The amendments made by subsection (a) shall apply with respect to any Accountability Review Board that is convened under section 301 of the Diplomatic Security Act (22 U.S.C. 4831) on or after the date of the enactment of this Act.

Subtitle B Physical Security and Personnel Requirements

SEC. 111. Capital Security Cost Sharing Program.

(a)
Sense of Congress on the Capital Security Cost Sharing Program.— It is the sense of Congress that the Capital Security Cost Sharing Program should prioritize the construction of new facilities and the maintenance of existing facilities at high risk, high threat posts.
(b)
Restriction on Construction of Office Space.— Paragraph (2) of 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) is amended by adding at the end the following new sentence: “ 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 department or agency to the extent that the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required under paragraph (1), notwithstanding any authorization and appropriation of relevant funds by Congress.”.

SEC. 112. Local Guard Contracts Abroad under Diplomatic Security Program.

Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is amended by adding at the end the following new subsection:

“(h) Award of Local Guard and Protective Service Contracts.—In evaluating proposals for local guard contracts under this section, the Secretary of State may award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101) and, with respect to such contracts for posts that are not high risk, high threat posts (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating to diplomatic security)), subject to congressional notification 15-days prior to any such award.”

SEC. 113. Transfer Authority.

Section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 295) is amended by adding at the end the following new subsection:

“(j)

(1) In addition to exercising any other transfer authority available to the Secretary of State, and subject to paragraph (2), the Secretary may transfer to, and merge with, any appropriation for fiscal year 2018 under the heading ‘Diplomatic and Consular Programs’, including for Worldwide Security Protection, and under the heading ‘Embassy Security, Construction, and Maintenance’ funds appropriated under such headings if the Secretary determines such transfer is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements.

“(A) shall not exceed 20 percent of any appropriation made available for fiscal year 2018 for the Department of State under the heading ‘Administration of Foreign Affairs’, and no such appropriation shall be increased by more than 10 percent by any such transfer; and

“(B) shall be merged with funds in the heading to which transferred, and shall be available subject to the same terms and conditions as the funds with which merged.

“(2) Not later than 15 days before any transfer of funds pursuant to paragraph (1), the Secretary of State shall notify in writing the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. Any such notification shall include a description of the particular security need necessitating the transfer at issue.”

SEC. 114. Security Enhancements for Soft Targets.

Section 29 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2701) is amended, in the third sentence, by inserting “ physical security enhancements and” after “ may include”.

SEC. 115. Exemption from Certain Procurement Protest Procedures for Noncompetitive Contracting in Emergency Circumstances.

A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41, United States Code, in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31, United States Code, or section 1491 of title 28, United States Code.

SEC. 116. Sense of Congress Regarding Minimum Security Standards for Temporary United States Diplomatic and Consular Posts.

It is the sense of Congress that—
(1)
the Overseas Security Policy Board’s security standards for facilities should apply to all facilities consistent with 12 FAM 311.2; and
(2)
such facilities should comply with requirements for attaining a waiver or exception to applicable standards if it is in the national interest of the United States.

SEC. 117. Assignment of Personnel at High Risk, High Threat Posts.

The Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 401 of this Act) in order to—
(1)
establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located; and
(2)
ensure that necessary security procedures are implemented.

SEC. 118. Annual Report on Embassy Construction Costs.

(a)
In General.— Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the appropriate congressional committees a comprehensive report regarding all ongoing embassy construction projects and major embassy security upgrade projects.
(b)
Contents.— Each report required under subsection (a) shall include the following with respect to each ongoing embassy construction projects and major embassy security upgrade projects:
(1)
The initial cost estimate.
(2)
The amount expended on the project to date.
(3)
The projected timeline for completing the project.
(4)
Any cost overruns incurred by the project.
(c)
Initial Report.— The first report required under subsection (a) shall include an annex regarding all embassy construction projects and major embassy security upgrade projects completed during the 10-year period ending on the date of the enactment of this Act, including, for each such project, the following:
(1)
The initial cost estimate.
(2)
The amount actually expended on the project.
(3)
Any additional time required to complete the project beyond the initial timeline.
(4)
Any cost overruns incurred by the project.

SEC. 119. Embassy Security, Construction, and Maintenance.

Section 1 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292), is amended by adding at the end the following new subsection:

“(c) Authorization for Improvements and Construction.—The Secretary of State may improve or construct facilities overseas for other Federal departments and agencies on an advance-of-funds or reimbursable basis if such advances or reimbursements are credited to the Embassy Security, Construction, and Maintenance account and remain available until expended.”

Subtitle C Security Training

SEC. 121. Security Training for Personnel Assigned to High Risk, High Threat Posts.

(a)
In General.— Title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.; relating to diplomatic security) is amended by adding at the end the following new sections:

“SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A HIGH RISK, HIGH THREAT POST.

“(a) In General.—Individuals assigned permanently to or who are in long-term temporary duty status as designated by the Secretary of State at a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to prepare such individuals for living and working at such posts.

“(b) Security Training Described.—Security training referred to in subsection (a)—

“(1) is training to improve basic knowledge and skills; and

“(2) may include—

“(A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack;

“(B) conducting surveillance detection;

“(C) providing emergency medical care;

“(D) ability to detect the presence of improvised explosive devices;

“(E) minimal firearms familiarization; and

“(F) defensive driving maneuvers.

“(c) Effective Date.—The requirements of this section shall take effect upon the date of the enactment of this section.

“(d) Definitions.—In this section and section 417:

“(1) Complex attack.—The term ‘complex attack’ has the meaning given such term by the North Atlantic Treaty Organization, as follows: ‘An attack conducted by multiple hostile elements which employ at least two distinct classes of weapon systems (i.e., indirect fire and direct fire, improvised explosive devices, and surface to air fire).’.

“(2) High risk, high threat post.—The term ‘high risk, high threat post’ has the meaning given such term in section 104.

“SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS ASSIGNED TO A HIGH RISK, HIGH THREAT POST.

“(a) In General.—Officials described in subsection (c) who are assigned to a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to improve the ability of such officials to make security-related management decisions.

“(b) Security Training Described.—Security training referred to in subsection (a) may include—

“(1) development of skills to better evaluate threats;

“(2) effective use of security resources to mitigate such threats; and

“(3) improved familiarity of available security resources.

“(c) Officials Described.—Officials referred to in subsection (a) are the following:

“(1) Members of the Senior Foreign Service appointed under section 302(a)(1) or 303 of the Foreign Service Act of 1980 (22 U.S.C. 3942(a)(1) and 3943) or members of the Senior Executive Service (as such term is described in section 3132(a)(2) of title 5, United States Code).

“(2) Foreign Service officers appointed under section 302(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3942(a)(1)) holding a position in classes FS–1 or FS–2.

“(3) Foreign Service Specialists appointed by the Secretary under section 303 of the Foreign Service Act of 1980 (22 U.S.C. 3943) holding a position in classes FS–1 or FS–2.

“(4) Individuals holding a position in grades GS–14 or GS–15.

“(5) Personal services contractors and other contractors serving in positions or capacities similar to the officials described in paragraphs (1) through (4).

“(d) Effective Date.—The requirements of this section shall take effect beginning on the date that is 1 year after the date of the enactment of this section.”

(b)
Conforming Amendment.— The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 415 the following new items:

“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. 122. Sense of Congress Regarding Language Requirements for Diplomatic Security Personnel Assigned to High Risk, High Threat Post.

(a)
In General.— It is the sense of Congress that diplomatic security personnel assigned permanently to or who are in long-term temporary duty status as designated by the Secretary at a high risk, high threat post should receive language training described in subsection (b) in order to prepare such personnel for duty requirements at such post.
(b)
Language Training Described.— Language training referred to in subsection (a) should prepare personnel described in such subsection to—
(1)
speak the language at issue with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on subjects germane to security; and
(2)
read within an adequate range of speed and with almost complete comprehension on subjects germane to security.

Subtitle D Expansion of the Marine Corps Security Guard Detachment Program

SEC. 131. Marine Corps Security Guard Program.

(a)
In General.— Pursuant to the responsibility of the Secretary for diplomatic security under section 103 of the Diplomatic Security Act (22 U.S.C. 4802; enacted as part of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399)), the Secretary, in consultation with the Secretary of Defense, shall conduct an annual review of the Marine Corps Security Guard Program, including the following:
(1)
An evaluation of whether the size and composition of the Marine Corps Security Guard Program is adequate to meet global diplomatic security requirements.
(2)
An assessment of whether the Marine Corps security guards are appropriately deployed among United States embassies, consulates, and other diplomatic facilities to respond to evolving security developments and potential threats to United States interests abroad.
(3)
An assessment of the mission objectives of the Marine Corps Security Guard Program and the procedural rules of engagement to protect diplomatic personnel under the Program.
(b)
Reporting Requirement.— Not later than 180 days after the date of the enactment of this Act and annually thereafter for 3 years, the Secretary, in consultation with the Secretary of Defense, shall submit to the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate an unclassified report, with a classified annex as necessary, that addresses the requirements specified in subsection (a).