S 816 — Diplomatic Support and Security Act of 2022

4835) is amended--</DELETED> <DELETED> (1) by inserting ``(a) No Effect on Existing Remedies or Defenses.--'' before ``Nothing in this title'';

and</DELETED> <DELETED> (2) by adding at the end the following new subsection:</DELETED> <DELETED> ``(b) Future Inquiries.--Nothing in this title shall be construed to preclude the Secretary of State from convening a follow-up public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident.

All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary.''.</DELETED> SECTION 1.

This Act may be cited as the ``Diplomatic Support and Security Act of 2021''.2022''.

INVESTIGATIONFINDINGS. OF SERIOUS SECURITY INCIDENTS.

SectionCongress 301makes of the Diplomaticfollowing Securityfindings: Act of 1986 (22 U.S.C.

4831)(1) A robust overseas diplomatic presence is amended--part (1)of inan theeffective sectionforeign heading,policy, byparticularly strikingin ``accountabilityvolatile reviewenvironments boards''where a flexible and insertingtimely ``investigationdiplomatic ofresponse seriouscan securitybe incidents'';decisive in preventing and addressing conflict.

(2) inDiplomats subsectionroutinely (a)--put (A)themselves byand amendingtheir paragraphfamilies (1)at great personal risk to readserve astheir follows:country overseas where they face threats related to international terrorism, violent conflict, and public health, among others.

``(1)(3) ConveningThe theDepartment seriousof securityState incidenthas investigation permanent coordinating committee process.-- ``(A) In general.--In any case of a seriousremarkable securityrecord incident involving loss of life,protecting seriouspersonnel injury,while orenabling significantan destructionenormous amount of propertyglobal at, or related to, a United States Government (USG) diplomatic missionactivity, abroad,often and in anyunsecure caseand ofremote aplaces serious breach of security involving intelligence activities of a foreign government directed at a USG mission abroad, a Serious Security Incident Investigation (SSII) into the event shall be convened by the Department of State and afacing report produced for the Secretary providing a fullvariety account of whatevolving occurred,risks including-- ``(i) whether security provisions pertinent to the incident were in place and functioning;threats.

``(ii)With whethersupport anyfrom malfeasanceCongress, orthe breachDepartment of dutyState tookhas placerevised thatpolicy, materiallyimproved contributedphysical tosecurity thethrough outcomeretrofitting ofand replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and facilities, including the incident;new Foreign Affairs Security Training Center in Blackstone, Virginia.

(4) Diplomatic missions rely on robust staffing and ``(iii)ambitious anyexternal recommendationsengagement to advance United States interests as diverse as competing with China's malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of relevantmarginalized securitygroups, improvementsaddressing orclimate follow-upchange, measures.and preventing pandemic disease.

``(B)(5) Exception.--AHowever, Seriousefforts Securityto Incidentprotect Investigationpersonnel needoverseas nothave beoften convenedresulted wherein theinhibiting Secretarydiplomatic determinesactivity thatand alimiting caseengagement clearlybetween involvesembassy onlypersonnel causesand unrelatedlocal togovernments security.'';and populations.

(B)(6) Given that Congress currently provides annual appropriations in paragraphexcess (2),of by$1,900,000,000 strikingfor ``Board''embassy security, construction, and insertingmaintenance, ``Seriousthe SecurityDepartment Incidentof Investigation'';State should be able ensure a robust overseas presence without inhibiting the ability of diplomats to-- (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities;

(B) understand and (C)report byon strikingforeign paragraphpolitical, (3);social, and economic conditions through meeting and interacting with community officials outside of United States facilities;

(3)(C) inprovide subsectionUnited (b)--States (A)citizen inservices; paragraph (1)-- (i) by striking ``Except as'' and all that follows through ``Board'' and inserting ``The Secretary of State shall convene a Serious Security Incident Investigation and the subsequent Permanent Coordinating Committee process (SSII/PCC)'';

and (ii)(D) bycollaborate strikingand, ``forat times, compete with other diplomatic missions, particularly those, such as the conveningPeople's Republic of theChina, Board'';that do not restrictions on meeting locations.

(7) Given these stakes, Congress has a responsibility to empower, support, and (B)hold inthe paragraphDepartment (2),of byState strikingaccountable ``Board''for eachimplementing placean itaggressive appearsstrategy to ensure a robust overseas presence that mitigates potential risks and insertingadequately ``SSII/PCC'';considers the myriad direct and indirect consequences of a lack of diplomatic presence.

and (4) in subsection (c)-- (A) by striking ``Board'' and inserting ``Serious Security Incident Investigation and begins the SSII/PCC process'';

(B) by adding ``and ranking member'' after ``chairman'';

and (C) by striking ``Speaker'' and all that follows through the period at the end of paragraph (3) and inserting ``chairman and ranking member of the Committee of Foreign Affairs of the House of Representatives.''.

SERIOUSENCOURAGING SECURITYEXPEDITIONARY INCIDENTDIPLOMACY. INVESTIGATION PERMANENT COORDINATING COMMITTEE.

Section(a) 302Purpose.--Subsection (b) of section 102 of the Diplomatic Security Act of 1986 (22 U.S.C.

4832)4801(b)) is amendedamended-- (1) by amending paragraph (3) to read as follows:

``SEC.``(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities;'';

302.(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;

SERIOUSand SECURITY(3) INCIDENTby INVESTIGATIONinserting PERMANENTafter COORDINATINGparagraph COMMITTEE.(3) the following new paragraph:

``(a)``(4) Bureauto support a culture of Diplomaticrisk Securitymanagement, Responsibilityinstead forof Investigations.--Therisk Bureauavoidance, that enables the Department of DiplomaticState Securityto shallpursue beits responsiblevital forgoals carryingwith outfull investigationsknowledge ofthat seriousit securityis incidents,not utilizingdesirable suchnor investigativepossible personnelfor andthe otherDepartment resourcesto asavoid mayall necessary.risks;''.

``(b)(b) SeriousBriefings Securityon IncidentEmbassy PermanentSecurity.--Section Coordinating105(a) Committee.--of ``(1)the InDiplomatic general.--The Serious Security IncidentAct Investigation(22 PermanentU.S.C. Coordinating Committee (SSII/PCC) shall be convened to review each serious security incident.

The4804(a)) SSII/is PCCamended shallin reviewparagraph the(1)-- Report(1) ofby Investigationstriking prepared``any underplans sectionto 303(b)open andor anyreopen othera availablehigh reportingrisk, high threat post'' and evidence,inserting including``progress videotowards recordings,opening or reopening high risk, high threat post, and shallthe preparerisk to national security of the SSII/PCCcontinued Reportclosure underor sectionany 304(b).suspension of operations and remaining barriers to doing so'';

``(2)(2) Composition.--Thein SSII/PCCsubparagraph shall(A), beby primarilyinserting composed``the ofrisk Assistantto Secretary-levelUnited personnelStates innational security of the Departmentpost's ofcontinued State,closure andor shallsuspension atof aoperations,'' minimumafter include``national security of the followingUnited personnel:States,'';

``(A)and A(3) representativein ofsubparagraph the(C), Underby Secretaryinserting of``the Statetype forand Management,level whoof shallsecurity servethreats assuch chairpost ofcould theencounter, SSII/PCC.and'' before ``security `tripwires'''.

SEC.

4.

SECURITY REVIEW COMMITTEES.

(a) In General.--Section 301 of the Diplomatic Security Act of 1986 (22 U.S.C.

4831) is amended-- (1) in the section heading, by striking ``accountability review boards'' and inserting ``security review committees'';

(2) in subsection (a)-- (A) by amending paragraph (1) to read as follows:

``(1) Convening the security review committee.--In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (a `Serious Security Incident'), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee (SRC), which shall issue a report providing a full account of what occurred, consistent with section 304.'';

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

(C) by inserting after paragraph (1) the following new paragraph:

``(2) Committee composition.--The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the SRC.

Members of the SRC shall, at a minimum, include the following personnel:

``(A) The Director of the Office of Management Strategy and Solutions (M/SS).

``(F) Other personnel as determined necessary or appropriate.appropriate.'';

``(3)(D) Report.--Thein SSII/PCCparagraph shall,(3), uponas completingredesignated reviewby ofsubparagraph the(B)-- Report(i) ofin Investigation, submit to the Secretaryparagraph ofheading, Stateby astriking report``Department onof thedefense incidentfacilities and outcomes,personnel'' includingand anyinserting recommendations``Exceptions related to preventingconvening oran respondingsrc''; to similar incidents.''.

(ii) by striking ``The Secretary of State'' and all that follows through ``convene a Board in the case'' and inserting the following:

``(A) In general.--The Secretary of State is not required to convene an SRC-- ``(i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State's security responsibility as defined in section 103;

``(ii) in a case where operational control of overseas security functions has been delegated to another agency consistent with section 106;

``(iii) if the incident is a cybersecurity incident and is covered by other review mechanisms;

or ``(iv) in the case'';

and (iii) by striking ``In any such case'' and inserting the following:

``(B) Department of defense investigations.--In the case of an incident described in subparagraph (A)(iv)'';

and (E) by adding at the end the following new paragraph:

``(5) Regulations.--The Secretary of State shall promulgate regulations defining the membership and operating procedures for the SRC and provide such guidance to the Chairmen and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.'';

(3) in subsection (b)-- (A) in the subsection heading, by striking ``Boards'' and inserting ``SRCs'';

and (B) by amending paragraph (1) to read as follows:

``(1) In general.--The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary.'';

and (4) in subsection (c)-- (A) by striking ``convenes a Board'' and inserting ``convenes an SRC'';

(B) by inserting ``and ranking member'' after ``chairman'';

and (C) by striking ``Speaker'' and all that follows through the period at the end of paragraph (3) and inserting ``chairman and ranking member of the Committee of Foreign Affairs of the House of Representatives.''.

(b) Technical and Conforming Amendments.--Section 302 of the Diplomatic Security Act (22 U.S.C.

4832) is amended-- (1) in the section heading, by striking ``accountability review board'' and inserting ``security review committee'';

and (2) by striking ``a Board'' each place it appears and inserting ``an SRC''.

4.5.

``(a) Investigation Process.-- ``(1) Initiation.--TheInitiation upon reported incident.--An investigation of a Serious Security IncidentIncident, Investigationas processdescribed beginsin section 301(a)(1), shall begin when a United States mission reports a seriousSerious securitySecurity incidentIncident at the mission,mission. including detailed information about the incident, within three days after it occurred.

``(2)Such Investigation.--Thea Diplomaticreport Security Service shall assembleinclude an investigativeinitial teamreport toof carrythe outincident theand investigationshall ofbe anmade incidentwithin reportedthree underdays paragraphof (1).the incident, when feasible.

The``(2) investigationInvestigation.--Not later than 10 days following a report under paragraph (1), the Secretary shall coverdirect the followingDiplomatic matters:Security Service to assemble an investigative team to investigate the incident and independently establish what occurred.

The investigation shall cover-- ``(A) Anan assessment of what occurred, who perpetrated or is suspected of having perpetrated the attack,serious security incident, and whether applicable security procedures were followed.followed;

``(B) Inin the event the securitySerious incidentSecurity wasIncident aninvolved attack on a United States diplomatic compound, motorcade, residence, or other facility, aan determinationassessment of whether adequate security countermeasures were in effect.effect based on known threat at the time of the incident;

``(C) Ifif the incident wasinvolved an attack on an individual or group of officers, employees, or family members under chief of mission authoritysecurity responsibility conducting approved operations or movements outside the United States mission, aan determinationassessment of whether proper security briefings and procedures were in place and whether adequate consideration of threat and weighing of risk of the operation or movement took place.place;

and ``(D) Anan assessment of whether the failure of any officials'officials or employees'employees failure to follow procedures or perform their duties contributed to the security incident.

``(b)``(3) ReportInvestigative ofteam.--The Investigation.--The investigative team shall prepareconsist a Report of Investigationindividuals atfrom the conclusionDiplomatic ofSecurity theService Seriouswho Securityshall Incidentprovide Investigationan andindependent submitexamination of the reportfacts tosurrounding the Seriousincident Securityand Incidentwhat Investigationoccurred. Permanent Coordinating Committee (SSII/ PCC).

The Secretary or the Secretary's designee shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome.

``(b) Report of Investigation.--The investigative team shall prepare a Report of Investigation at the conclusion of the investigation and submit the report to the SRC no later than 90 days after the occurrence of a Serious Security Incident.

``(2) AnA complete and an accurate account of the casualties, injured,injuries, and damage resulting from the incident.

The SSII/PCCSRC shall determine the level of classification of the final report prepared under section 304(b), but shall incorporate the same confidentiality measures in such report to the maximum extent practicable.''.

5.6.

FINDINGS AND RECOMMENDATIONS BY THE SERIOUS SECURITY INCIDENTREVIEW INVESTIGATION PERMANENT COORDINATING COMMITTEE.

SERIOUS SECURITY INCIDENTREVIEW INVESTIGATION PERMANENT COORDINATING COMMITTEE FINDINGS AND REPORT.

``(a) Findings.--The Serious Security IncidentReview Investigation Permanent Coordinating Committee (SSII/PCC) shall review the Report of Investigation prepared under section 303(b), all other evidence, reporting, and relevant information relating to a serious security incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident and shall make the following written findings:

``(1) Whether the incident abroad was security related and constituted a serious security incident.

Such determination shall not seek to assign accountability for the incident unless the SSII/PCCSRC determines that an official breached their duty.

``(b) SSII/PCCSRC Report.--Not later than 3060 days after receiving the Report of Investigation prepared under section 303(b), the SSII/PCCSRC shall submit a report to the Secretary of State including the findings under subsection (a) and any related recommendations.

``(c) Personnel Recommendations.--If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SSII/PCC.SRC.

If the SSII/PCCSRC find reasonable cause to support the determination, it shall be reported to the DirectorSecretary General of the Foreign Service for appropriate action.''.

6.7.

<all>Calendar No.

318 117th CONGRESS 2d Session S.

816 _______________________________________________________________________ A BILL To amend the Diplomatic Security Act of 1986 to provide for improved serious security incident investigations, and for other purposes.

_______________________________________________________________________ April 4 (legislative day, March 31), 2022 Reported with an amendment