[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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