Diplomatic Support and Security Act of 2022

II Calendar No. 318 117TH CONGRESS 2D SESSION S. 816 To amend the Diplomatic Security Act of 1986 to provide for improved serious security incident investigations, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 17 (legislative day, MARCH 16), 2021 Mr. RISCH introduced the following bill; which was read twice and referred to the Committee on Foreign Relations APRIL 4 (legislative day, MARCH 31), 2022 Reported by Mr. MENENDEZ, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Diplomatic Security Act of 1986 to provide for improved serious security incident investigations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Diplomatic Support 4 and Security Act of 2021’’. 5 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 816 RS SEC. 2. INVESTIGATION OF SERIOUS SECURITY INCIDENTS. 1 Section 301 of the Diplomatic Security Act of 1986 2 (22 U.S.C. 4831) is amended— 3 (1) in the section heading, by striking ‘‘AC- 4 COUNTABILITY REVIEW BOARDS’’ and inserting 5 ‘‘INVESTIGATION OF SERIOUS SECURITY INCI- 6 DENTS’’; 7 (2) in subsection (a)— 8 (A) by amending paragraph (1) to read as 9 follows: 10 ‘‘(1) CONVENING THE SERIOUS SECURITY INCI- 11 DENT INVESTIGATION PERMANENT COORDINATING 12 COMMITTEE PROCESS.— 13 ‘‘(A) IN GENERAL.—In any case of a seri- 14 ous security incident involving loss of life, seri- 15 ous injury, or significant destruction of prop- 16 erty at, or related to, a United States Govern- 17 ment (USG) diplomatic mission abroad, and in 18 any case of a serious breach of security involv- 19 ing intelligence activities of a foreign govern- 20 ment directed at a USG mission abroad, a Seri- 21 ous Security Incident Investigation (SSII) into 22 the event shall be convened by the Department 23 of State and a report produced for the Sec- 24 retary providing a full account of what oc- 25 curred, including— 26 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 816 RS ‘‘(i) whether security provisions perti- 1 nent to the incident were in place and 2 functioning; 3 ‘‘(ii) whether any malfeasance or 4 breach of duty took place that materially 5 contributed to the outcome of the incident; 6 and 7 ‘‘(iii) any recommendations of relevant 8 security improvements or follow-up meas- 9 ures. 10 ‘‘(B) EXCEPTION.—A Serious Security In- 11 cident Investigation need not be convened where 12 the Secretary determines that a case clearly in- 13 volves only causes unrelated to security.’’; 14 (B) in paragraph (2), by striking ‘‘Board’’ 15 and inserting ‘‘Serious Security Incident Inves- 16 tigation’’; and 17 (C) by striking paragraph (3); 18 (3) in subsection (b)— 19 (A) in paragraph (1)— 20 (i) by striking ‘‘Except as’’ and all 21 that follows through ‘‘Board’’ and insert- 22 ing ‘‘The Secretary of State shall convene 23 a Serious Security Incident Investigation 24 and the subsequent Permanent Coordi- 25 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 816 RS nating Committee process (SSII/PCC)’’; 1 and 2 (ii) by striking ‘‘for the convening of 3 the Board’’; and 4 (B) in paragraph (2), by striking ‘‘Board’’ 5 each place it appears and inserting ‘‘SSII/ 6 PCC’’; and 7 (4) in subsection (c)— 8 (A) by striking ‘‘Board’’ and inserting 9 ‘‘Serious Security Incident Investigation and 10 begins the SSII/PCC process’’; 11 (B) by adding ‘‘and ranking member’’ 12 after ‘‘chairman’’; and 13 (C) by striking ‘‘Speaker’’ and all that fol- 14 lows through the period at the end of para- 15 graph (3) and inserting ‘‘chairman and ranking 16 member of the Committee of Foreign Affairs of 17 the House of Representatives.’’. 18 SEC. 3. SERIOUS SECURITY INCIDENT INVESTIGATION PER- 19 MANENT COORDINATING COMMITTEE. 20 Section 302 of the Diplomatic Security Act of 1986 21 (22 U.S.C. 4832) is amended to read as follows: 22 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 816 RS ‘‘SEC. 302. SERIOUS SECURITY INCIDENT INVESTIGATION 1 PERMANENT COORDINATING COMMITTEE. 2 ‘‘(a) BUREAU OF DIPLOMATIC SECURITY RESPONSI- 3 BILITY FOR INVESTIGATIONS.—The Bureau of Diplomatic 4 Security shall be responsible for carrying out investiga- 5 tions of serious security incidents, utilizing such investiga- 6 tive personnel and other resources as may be necessary. 7 ‘‘(b) SERIOUS SECURITY INCIDENT PERMANENT CO- 8 ORDINATING COMMITTEE.— 9 ‘‘(1) IN GENERAL.—The Serious Security Inci- 10 dent Investigation Permanent Coordinating Com- 11 mittee (SSII/PCC) shall be convened to review each 12 serious security incident. The SSII/PCC shall review 13 the Report of Investigation prepared under section 14 303(b) and any other available reporting and evi- 15 dence, including video recordings, and shall prepare 16 the SSII/PCC Report under section 304(b). 17 ‘‘(2) COMPOSITION.—The SSII/PCC shall be 18 primarily composed of Assistant Secretary-level per- 19 sonnel in the Department of State, and shall at a 20 minimum include the following personnel: 21 ‘‘(A) A representative of the Under Sec- 22 retary of State for Management, who shall 23 serve as chair of the SSII/PCC. 24 ‘‘(B) The Assistant Secretary responsible 25 for the region where the incident occurred. 26 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 816 RS ‘‘(C) The Assistant Secretary for Diplo- 1 matic Security. 2 ‘‘(D) The Assistant Secretary for the Bu- 3 reau of Intelligence and Research. 4 ‘‘(E) An Assistant Secretary-level rep- 5 resentative from any involved United States 6 Government department or agency. 7 ‘‘(F) Other personnel as determined nec- 8 essary or appropriate. 9 ‘‘(3) REPORT.—The SSII/PCC shall, upon com- 10 pleting review of the Report of Investigation, submit 11 to the Secretary of State a report on the incident 12 and outcomes, including any recommendations re- 13 lated to preventing or responding to similar inci- 14 dents.’’. 15 SEC. 4. SERIOUS SECURITY INCIDENT INVESTIGATION 16 PROCESS. 17 Section 303 of the Diplomatic Security Act of 1986 18 (22 U.S.C. 4833) is amended to read as follows: 19 ‘‘SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION 20 PROCESS. 21 ‘‘(a) INVESTIGATION PROCESS.— 22 ‘‘(1) INITIATION.—The Serious Security Inci- 23 dent Investigation process begins when a United 24 States mission reports a serious security incident at 25 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 816 RS the mission, including detailed information about the 1 incident, within three days after it occurred. 2 ‘‘(2) INVESTIGATION.—The Diplomatic Security 3 Service shall assemble an investigative team to carry 4 out the investigation of an incident reported under 5 paragraph (1). The investigation shall cover the fol- 6 lowing matters: 7 ‘‘(A) An assessment of what occurred, who 8 perpetrated or is suspected of having per- 9 petrated the attack, and whether applicable se- 10 curity procedures were followed. 11 ‘‘(B) In the event the security incident was 12 an attack on a United States diplomatic com- 13 pound, motorcade, residence, or other facility, a 14 determination whether adequate security coun- 15 termeasures were in effect. 16 ‘‘(C) If the incident was an attack on an 17 individual or group of officers, employees, or 18 family members under chief of mission author- 19 ity conducting approved operations or move- 20 ments outside the United States mission, a de- 21 termination whether proper security briefings 22 and procedures were in place and whether ade- 23 quate consideration of threat and weighing of 24 risk of the operation or movement took place. 25 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 816 RS ‘‘(D) An assessment of whether any offi- 1 cials’ or employees’ failure to follow procedures 2 or perform their duties contributed to the secu- 3 rity incident. 4 ‘‘(b) REPORT OF INVESTIGATION.—The investigative 5 team shall prepare a Report of Investigation at the conclu- 6 sion of the Serious Security Incident Investigation and 7 submit the report to the Serious Security Incident Inves- 8 tigation Permanent Coordinating Committee (SSII/PCC). 9 The report shall include the following elements: 10 ‘‘(1) A detailed description of the matters set 11 forth in subparagraphs (A) through (D) of sub- 12 section (a)(2), including all related findings. 13 ‘‘(2) An accurate account of the casualties, in- 14 jured, and damage resulting from the incident. 15 ‘‘(3) A review of security procedures and direc- 16 tives in place at the time of the incident. 17 ‘‘(c) CONFIDENTIALITY.—The investigative team 18 shall adopt such procedures with respect to confidentiality 19 as determined necessary, including procedures relating to 20 the conduct of closed proceedings or the submission and 21 use of evidence in camera, to ensure in particular the pro- 22 tection of classified information relating to national de- 23 fense, foreign policy, or intelligence matters. The Director 24 of National Intelligence shall establish the level of protec- 25 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 816 RS tion required for intelligence information and for informa- 1 tion relating to intelligence personnel included in the re- 2 port under subsection (b). The SSII/PCC shall determine 3 the level of classification of the final report prepared under 4 section 304(b), but shall incorporate the same confiden- 5 tiality measures in such report to the maximum extent 6 practicable.’’. 7 SEC. 5. FINDINGS AND RECOMMENDATIONS BY THE SERI- 8 OUS SECURITY INCIDENT INVESTIGATION 9 PERMANENT COORDINATING COMMITTEE. 10 Section 304 of the Diplomatic Security Act of 1986 11 (22 U.S.C. 4834) is amended to read as follows: 12 ‘‘SEC. 304. SERIOUS SECURITY INCIDENT INVESTIGATION 13 PERMANENT COORDINATING COMMITTEE 14 FINDINGS AND REPORT. 15 ‘‘(a) FINDINGS.—The Serious Security Incident In- 16 vestigation Permanent Coordinating Committee (SSII/ 17 PCC) shall review the Report of Investigation prepared 18 under section 303(b), all other evidence, reporting, and 19 relevant information relating to a serious security incident 20 at a United States mission abroad, including an examina- 21 tion of the facts and circumstances surrounding any seri- 22 ous injuries, loss of life, or significant destruction of prop- 23 erty resulting from the incident and shall make the fol- 24 lowing written findings: 25 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 816 RS ‘‘(1) Whether the incident abroad was security 1 related and constituted a serious security incident. 2 ‘‘(2) If the incident involved a diplomatic com- 3 pound, motorcade, residence, or other mission facil- 4 ity, whether the security systems, security counter- 5 measures, and security procedures operated as in- 6 tended, and whether such systems worked to materi- 7 ally mitigate the attack or were found to be inad- 8 equate to mitigate the threat and attack. 9 ‘‘(3) If the incident involved an individual or 10 group of officers conducting an approved operation 11 outside the mission, a determination whether a valid 12 process was followed in evaluating the requested op- 13 eration and weighing the risk of the operation. Such 14 determination shall not seek to assign accountability 15 for the incident unless the SSII/PCC determines 16 that an official breached their duty. 17 ‘‘(4) An assessment of the impact of intelligence 18 and information availability, and whether the mis- 19 sion was aware of the general operating threat envi- 20 ronment or any more specific threat intelligence or 21 information and took that into account in ongoing 22 and specific operations. 23 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 816 RS ‘‘(5) Such other facts and circumstances that 1 may be relevant to the appropriate security manage- 2 ment of United States missions abroad. 3 ‘‘(b) SSII/PCC REPORT.—Not later than 30 days 4 after receiving the Report of Investigation prepared under 5 section 303(b), the SSII/PCC shall submit a report to the 6 Secretary of State including the findings under subsection 7 (a) and any related recommendations. Not later than 90 8 days after receiving the report, the Secretary of State shall 9 submit the report to the Committee on Foreign Relations 10 of the Senate and the Committee on Foreign Affairs of 11 the House of Representatives. 12 ‘‘(c) PERSONNEL RECOMMENDATIONS.—If in the 13 course of conducting an investigation under section 303, 14 the investigative team finds reasonable cause to believe 15 any individual described in section 303(a)(2)(D) has 16 breached the duty of that individual or finds lesser failures 17 on the part of an individual in the performance of his or 18 her duties related to the incident, it shall be reported to 19 the SSII/PCC. If the SSII/PCC find reasonable cause to 20 support the determination, it shall be reported to the Di- 21 rector General of the Foreign Service for appropriate ac- 22 tion.’’. 23 VerDate Sep 11 2014 00:21 Apr 05, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S816.RS S816 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 816 RS SEC. 6. RELATION TO OTHER PROCEEDINGS. 1 Section 305 of the Diplomatic Security Act of 1986 2 (22 U.S.C. 4835) is amended— 3 (1) by inserting ‘‘(a) NO EFFECT ON EXISTING 4 REMEDIES OR DEFENSES.—’’ before ‘‘Nothing in 5 this title’’; and 6 (2) by adding at the end the following new sub- 7 section: 8 ‘‘(b) FUTURE INQUIRIES.—Nothing in this title shall 9 be construed to preclude the Secretary of State from con- 10 vening a follow-up public board of inquiry to investigate 11 any security incident if the incident was of such magnitude 12 or significance that an internal process is deemed insuffi- 13 cient to understand and investigate the incident. All mate- 14 rials g [Text truncated for display. Full text available on Congress.gov.]