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

<DOC>





                                                       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 Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. INVESTIGATION OF SERIOUS SECURITY INCIDENTS.</DELETED>

<DELETED>    Section 301 of the Diplomatic Security Act of 1986 (22 
U.S.C. 4831) is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking 
        ``accountability review boards'' and inserting ``investigation 
        of serious security incidents'';</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) by amending paragraph (1) to read as 
                follows:</DELETED>
        <DELETED>    ``(1) Convening the serious security incident 
        investigation permanent coordinating committee process.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) whether security provisions 
                        pertinent to the incident were in place and 
                        functioning;</DELETED>
                        <DELETED>    ``(ii) whether any malfeasance or 
                        breach of duty took place that materially 
                        contributed to the outcome of the incident; 
                        and</DELETED>
                        <DELETED>    ``(iii) any recommendations of 
                        relevant security improvements or follow-up 
                        measures.</DELETED>
                <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``Board'' and inserting ``Serious Security Incident 
                Investigation''; and</DELETED>
                <DELETED>    (C) by striking paragraph (3);</DELETED>
        <DELETED>    (3) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) by striking ``for the 
                        convening of the Board''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``Board'' each place it appears and inserting ``SSII/
                PCC''; and</DELETED>
        <DELETED>    (4) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking ``Board'' and inserting 
                ``Serious Security Incident Investigation and begins 
                the SSII/PCC process'';</DELETED>
                <DELETED>    (B) by adding ``and ranking member'' after 
                ``chairman''; and</DELETED>
                <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 3. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT 
              COORDINATING COMMITTEE.</DELETED>

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

<DELETED>``SEC. 302. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT 
              COORDINATING COMMITTEE.</DELETED>

<DELETED>    ``(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 be 
necessary.</DELETED>
<DELETED>    ``(b) Serious Security Incident Permanent Coordinating 
Committee.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) A representative of the Under 
                Secretary of State for Management, who shall serve as 
                chair of the SSII/PCC.</DELETED>
                <DELETED>    ``(B) The Assistant Secretary responsible 
                for the region where the incident occurred.</DELETED>
                <DELETED>    ``(C) The Assistant Secretary for 
                Diplomatic Security.</DELETED>
                <DELETED>    ``(D) The Assistant Secretary for the 
                Bureau of Intelligence and Research.</DELETED>
                <DELETED>    ``(E) An Assistant Secretary-level 
                representative from any involved United States 
                Government department or agency.</DELETED>
                <DELETED>    ``(F) Other personnel as determined 
                necessary or appropriate.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. SERIOUS SECURITY INCIDENT INVESTIGATION 
              PROCESS.</DELETED>

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

<DELETED>``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION 
              PROCESS.</DELETED>

<DELETED>    ``(a) Investigation Process.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) An assessment of what occurred, who 
                perpetrated or is suspected of having perpetrated the 
                attack, and whether applicable security procedures were 
                followed.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) An assessment of whether any 
                officials' or employees' failure to follow procedures 
                or perform their duties contributed to the security 
                incident.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) A detailed description of the matters set 
        forth in subparagraphs (A) through (D) of subsection (a)(2), 
        including all related findings.</DELETED>
        <DELETED>    ``(2) An accurate account of the casualties, 
        injured, and damage resulting from the incident.</DELETED>
        <DELETED>    ``(3) A review of security procedures and 
        directives in place at the time of the incident.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. FINDINGS AND RECOMMENDATIONS BY THE SERIOUS SECURITY 
              INCIDENT INVESTIGATION PERMANENT COORDINATING 
              COMMITTEE.</DELETED>

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

<DELETED>``SEC. 304. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT 
              COORDINATING COMMITTEE FINDINGS AND REPORT.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Whether the incident abroad was security 
        related and constituted a serious security incident.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Such other facts and circumstances that may 
        be relevant to the appropriate security management of United 
        States missions abroad.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 6. RELATION TO OTHER PROCEEDINGS.</DELETED>

<DELETED>    Section 305 of the Diplomatic Security Act of 1986 (22 
U.S.C. 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. SHORT TITLE.

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

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) A robust overseas diplomatic presence is part of an 
        effective foreign policy, particularly in volatile environments 
        where a flexible and timely diplomatic response can be decisive 
        in preventing and addressing conflict.
            (2) Diplomats routinely put themselves and their families 
        at great personal risk to serve their country overseas where 
        they face threats related to international terrorism, violent 
        conflict, and public health, among others.
            (3) The Department of State has a remarkable record of 
        protecting personnel while enabling an enormous amount of 
        global diplomatic activity, often in unsecure and remote places 
        and facing a variety of evolving risks and threats. With 
        support from Congress, the Department of State has revised 
        policy, improved physical security through retrofitting and 
        replacing old facilities, deployed additional security 
        personnel and armored vehicles, and greatly enhanced training 
        requirements and facilities, including the new Foreign Affairs 
        Security Training Center in Blackstone, Virginia.
            (4) Diplomatic missions rely on robust staffing and 
        ambitious external engagement 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 marginalized groups, addressing 
        climate change, and preventing pandemic disease.
            (5) However, efforts to protect personnel overseas have 
        often resulted in inhibiting diplomatic activity and limiting 
        engagement between embassy personnel and local governments and 
        populations.
            (6) Given that Congress currently provides annual 
        appropriations in excess of $1,900,000,000 for embassy 
        security, construction, and maintenance, the Department of 
        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 report on foreign political, 
                social, and economic conditions through meeting and 
                interacting with community officials outside of United 
                States facilities;
                    (C) provide United States citizen services; and
                    (D) collaborate and, at times, compete with other 
                diplomatic missions, particularly those, such as the 
                People's Republic of China, that do not restrictions on 
                meeting locations.
            (7) Given these stakes, Congress has a responsibility to 
        empower, support, and hold the Department of State accountable 
        for implementing an aggressive strategy to ensure a robust 
        overseas presence that mitigates potential risks and adequately 
        considers the myriad direct and indirect consequences of a lack 
        of diplomatic presence.

SEC. 3. ENCOURAGING EXPEDITIONARY DIPLOMACY.

    (a) Purpose.--Subsection (b) of section 102 of the Diplomatic 
Security Act (22 U.S.C. 4801(b)) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(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;'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) to support a culture of risk management, instead of 
        risk avoidance, that enables the Department of State to pursue 
        its vital goals with full knowledge that it is not desirable 
        nor possible for the Department to avoid all risks;''.
    (b) Briefings on Embassy Security.--Section 105(a) of the 
Diplomatic Security Act (22 U.S.C. 4804(a)) is amended in paragraph 
(1)--
            (1) by striking ``any plans to open or reopen a high risk, 
        high threat post'' and inserting ``progress towards opening or 
        reopening high risk, high threat post, and the risk to national 
        security of the continued closure or any suspension of 
        operations and remaining barriers to doing so'';
            (2) in subparagraph (A), by inserting ``the risk to United 
        States national security of the post's continued closure or 
        suspension of operations,'' after ``national security of the 
        United States,''; and
            (3) in subparagraph (C), by inserting ``the type and level 
        of security threats such post could encounter, 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).
                    ``(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.'';
                    (D) in paragraph (3), as redesignated by 
                subparagraph (B)--
                            (i) in the paragraph heading, by striking 
                        ``Department of defense facilities and 
                        personnel'' and inserting ``Exceptions to 
                        convening an src'';
                            (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''.

SEC. 5. 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 upon reported incident.--An investigation 
        of a Serious Security Incident, as described in section 
        301(a)(1), shall begin when a United States mission reports a 
        Serious Security Incident at the mission. Such a report shall 
        include an initial report of the incident and shall be made 
        within three days of the incident, when feasible.
            ``(2) Investigation.--Not later than 10 days following a 
        report under paragraph (1), the Secretary shall direct the 
        Diplomatic Security Service to assemble an investigative team 
        to investigate the incident and independently establish what 
        occurred. The investigation shall cover--
                    ``(A) an assessment of what occurred, who 
                perpetrated or is suspected of having perpetrated the 
                serious security incident, and whether applicable 
                security procedures were followed;
                    ``(B) in the event the Serious Security Incident 
                involved a United States diplomatic compound, 
                motorcade, residence, or other facility, an assessment 
                of whether adequate security countermeasures were in 
                effect based on known threat at the time of the 
                incident;
                    ``(C) if the incident involved an individual or 
                group of officers, employees, or family members under 
                chief of mission security responsibility conducting 
                approved operations or movements outside the United 
                States mission, an assessment of whether proper 
                security briefings and procedures were in place and 
                weighing of risk of the operation or movement took 
                place; and
                    ``(D) an assessment of whether the failure of any 
                officials or employees to follow procedures or perform 
                their duties contributed to the security incident.
            ``(3) Investigative team.--The investigative team shall 
        consist of individuals from the Diplomatic Security Service who 
        shall provide an independent examination of the facts 
        surrounding the incident and what occurred. 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. 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) A complete and an accurate account of the casualties, 
        injuries, 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 SRC 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. 6. FINDINGS AND RECOMMENDATIONS BY THE SECURITY REVIEW COMMITTEE.

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

``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.

    ``(a) Findings.--The Security Review Committee 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 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 SRC 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) SRC Report.--Not later than 60 days after receiving the 
Report of Investigation prepared under section 303(b), the SRC 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 SRC. If the 
SRC find reasonable cause to support the determination, it shall be 
reported to the Secretary for appropriate action.''.

SEC. 7. 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.''.
                                                       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