[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 816 Introduced in Senate (IS)]

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117th CONGRESS
  1st 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

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. INVESTIGATION OF SERIOUS SECURITY INCIDENTS.

    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 ``investigation of serious 
        security incidents'';
            (2) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Convening the serious security incident investigation 
        permanent coordinating committee process.--
                    ``(A) In general.--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 (USG) diplomatic 
                mission abroad, and in any case of a 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 a 
                report produced for the Secretary providing a full 
                account of what occurred, including--
                            ``(i) whether security provisions pertinent 
                        to the incident were in place and functioning;
                            ``(ii) whether any malfeasance or breach of 
                        duty took place that materially contributed to 
                        the outcome of the incident; and
                            ``(iii) any recommendations of relevant 
                        security improvements or follow-up measures.
                    ``(B) Exception.--A Serious Security Incident 
                Investigation need not be convened where the Secretary 
                determines that a case clearly involves only causes 
                unrelated to security.'';
                    (B) in paragraph (2), by striking ``Board'' and 
                inserting ``Serious Security Incident Investigation''; 
                and
                    (C) by striking paragraph (3);
            (3) in subsection (b)--
                    (A) in 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) by striking ``for the convening of the 
                        Board''; and
                    (B) in paragraph (2), by striking ``Board'' each 
                place it appears and inserting ``SSII/PCC''; 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.''.

SEC. 3. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT COORDINATING 
              COMMITTEE.

    Section 302 of the Diplomatic Security Act of 1986 (22 U.S.C. 4832) 
is amended to read as follows:

``SEC. 302. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT 
              COORDINATING COMMITTEE.

    ``(a) Bureau of Diplomatic Security Responsibility for 
Investigations.--The Bureau of Diplomatic Security shall be responsible 
for carrying out investigations of serious security incidents, 
utilizing such investigative personnel and other resources as may 
necessary.
    ``(b) Serious Security Incident Permanent Coordinating Committee.--
            ``(1) In general.--The Serious Security Incident 
        Investigation Permanent Coordinating Committee (SSII/PCC) shall 
        be convened to review each serious security incident. The SSII/
        PCC shall review the Report of Investigation prepared under 
        section 303(b) and any other available reporting and evidence, 
        including video recordings, and shall prepare the SSII/PCC 
        Report under section 304(b).
            ``(2) Composition.--The SSII/PCC shall be primarily 
        composed of Assistant Secretary-level personnel in the 
        Department of State, and shall at a minimum include the 
        following personnel:
                    ``(A) A representative of the Under Secretary of 
                State for Management, who shall serve as chair of the 
                SSII/PCC.
                    ``(B) The Assistant Secretary responsible for the 
                region where the incident occurred.
                    ``(C) The Assistant Secretary for Diplomatic 
                Security.
                    ``(D) The Assistant Secretary for the Bureau of 
                Intelligence and Research.
                    ``(E) An Assistant Secretary-level representative 
                from any involved United States Government department 
                or agency.
                    ``(F) Other personnel as determined necessary or 
                appropriate.
            ``(3) Report.--The SSII/PCC shall, upon completing review 
        of the Report of Investigation, submit to the Secretary of 
        State a report on the incident and outcomes, including any 
        recommendations related to preventing or responding to similar 
        incidents.''.

SEC. 4. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

    Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) 
is amended to read as follows:

``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

    ``(a) Investigation Process.--
            ``(1) Initiation.--The Serious Security Incident 
        Investigation process begins when a United States mission 
        reports a serious security incident at the mission, including 
        detailed information about the incident, within three days 
        after it occurred.
            ``(2) Investigation.--The Diplomatic Security Service shall 
        assemble an investigative team to carry out the investigation 
        of an incident reported under paragraph (1). The investigation 
        shall cover the following matters:
                    ``(A) An assessment of what occurred, who 
                perpetrated or is suspected of having perpetrated the 
                attack, and whether applicable security procedures were 
                followed.
                    ``(B) In the event the security incident was an 
                attack on a United States diplomatic compound, 
                motorcade, residence, or other facility, a 
                determination whether adequate security countermeasures 
                were in effect.
                    ``(C) If the incident was an attack on an 
                individual or group of officers, employees, or family 
                members under chief of mission authority conducting 
                approved operations or movements outside the United 
                States mission, a determination 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.
                    ``(D) An assessment of whether any officials' or 
                employees' failure to follow procedures or perform 
                their duties contributed to the security incident.
    ``(b) Report of Investigation.--The investigative team shall 
prepare a Report of Investigation at the conclusion of the Serious 
Security Incident Investigation and submit the report to the Serious 
Security Incident Investigation Permanent Coordinating Committee (SSII/
PCC). The report shall include the following elements:
            ``(1) A detailed description of the matters set forth in 
        subparagraphs (A) through (D) of subsection (a)(2), including 
        all related findings.
            ``(2) An accurate account of the casualties, injured, and 
        damage resulting from the incident.
            ``(3) A review of security procedures and directives in 
        place at the time of the incident.
    ``(c) Confidentiality.--The investigative team shall adopt such 
procedures with respect to confidentiality as determined necessary, 
including procedures relating to the conduct of closed proceedings or 
the submission and use of evidence in camera, to ensure in particular 
the protection of classified information relating to national defense, 
foreign policy, or intelligence matters. The Director of National 
Intelligence shall establish the level of protection required for 
intelligence information and for information relating to intelligence 
personnel included in the report under subsection (b). The SSII/PCC 
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.''.

SEC. 5. FINDINGS AND RECOMMENDATIONS BY THE SERIOUS SECURITY INCIDENT 
              INVESTIGATION PERMANENT COORDINATING COMMITTEE.

    Section 304 of the Diplomatic Security Act of 1986 (22 U.S.C. 4834) 
is amended to read as follows:

``SEC. 304. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT 
              COORDINATING COMMITTEE FINDINGS AND REPORT.

    ``(a) Findings.--The Serious Security Incident 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.
            ``(2) If the incident involved a diplomatic compound, 
        motorcade, residence, or other mission facility, whether the 
        security systems, security countermeasures, and security 
        procedures operated as intended, and whether such systems 
        worked to materially mitigate the attack or were found to be 
        inadequate to mitigate the threat and attack.
            ``(3) If the incident involved an individual or group of 
        officers conducting an approved operation outside the mission, 
        a determination whether a valid process was followed in 
        evaluating the requested operation and weighing the risk of the 
        operation. Such determination shall not seek to assign 
        accountability for the incident unless the SSII/PCC determines 
        that an official breached their duty.
            ``(4) An assessment of the impact of intelligence and 
        information availability, and whether the mission was aware of 
        the general operating threat environment or any more specific 
        threat intelligence or information and took that into account 
        in ongoing and specific operations.
            ``(5) Such other facts and circumstances that may be 
        relevant to the appropriate security management of United 
        States missions abroad.
    ``(b) SSII/PCC Report.--Not later than 30 days after receiving the 
Report of Investigation prepared under section 303(b), the SSII/PCC 
shall submit a report to the Secretary of State including the findings 
under subsection (a) and any related recommendations. Not later than 90 
days after receiving the report, the Secretary of State shall submit 
the report to the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives.
    ``(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. 
If the SSII/PCC find reasonable cause to support the determination, it 
shall be reported to the Director General of the Foreign Service for 
appropriate action.''.

SEC. 6. RELATION TO OTHER PROCEEDINGS.

    Section 305 of the Diplomatic Security Act of 1986 (22 U.S.C. 4835) 
is amended--
            (1) by inserting ``(a) No Effect on Existing Remedies or 
        Defenses.--'' before ``Nothing in this title''; and
            (2) by adding at the end the following new subsection:
    ``(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.''.
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