[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3820 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3820

       To modernize diplomatic security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2024

 Mr. Rubio (for himself and Mr. Kaine) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
       To modernize diplomatic security, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Diplomatic 
Security Modernization Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
   TITLE I--BUREAU OF DIPLOMATIC SECURITY ORGANIZATION AND MANAGEMENT

Sec. 101. Report on the Bureau of Diplomatic Security direct reporting 
                            structure to Deputy Secretary of State for 
                            Management and Resources.
Sec. 102. Expansion of counter-intelligence personnel security program 
                            to include non-security staff.
Sec. 103. Counter-intelligence training for certain Diplomatic Security 
                            special agents.
Sec. 104. Role of Regional Security Officers as principal security and 
                            lead law enforcement representatives at 
                            overseas missions.
                         TITLE II--AUTHORITIES

Sec. 201. Delegation of preapproval relating to interception of wire, 
                            oral, and electronic communications.
Sec. 202. Administrative subpoena authority.
Sec. 203. Investigation of cyber crimes.
Sec. 204. Authority to provide direct assistance to crime victims.
Sec. 205. Authority to investigate transnational human trafficking.
Sec. 206. Revision of certain license exception under Export 
                            Administration Regulations to apply with 
                            respect to security contractors of 
                            Department of State.
Sec. 207. Expansion of Rewards for Justice Program.
Sec. 208. Exemption of Department of State from the Secure Federal 
                            LEASEs Act.
                     TITLE III--PERSONNEL POLICIES

Sec. 301. Modernization of timekeeping process.
Sec. 302. Availability for work credit for purposes of calculating 
                            unscheduled duty hours.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Diplomatic security special agent.--The term 
        ``Diplomatic Security special agent'' means a special agent of 
        the Department of State or the Foreign Service under section 37 
        of the State Department Basic Authorities Act of 1956 (22 
        U.S.C. 2709).

   TITLE I--BUREAU OF DIPLOMATIC SECURITY ORGANIZATION AND MANAGEMENT

SEC. 101. REPORT ON THE BUREAU OF DIPLOMATIC SECURITY ORGANIZATIONAL 
              REPORTING STRUCTURE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State shall submit a report to Congress that--
            (1) assesses and justifies keeping the Assistant Secretary 
        of State for Diplomatic Security under the supervision of the 
        Under Secretary of State for Management; and
            (2) explains how requiring the Assistant Secretary of State 
        for Diplomatic Security to report directly to the Deputy 
        Secretary of State for Management and Resources would enhance 
        or detract from the ability of the Bureau of Diplomatic 
        Security to meets its obligations of providing a safe and 
        secure environment for the conduct of diplomacy.

SEC. 102. EXPANSION OF COUNTER-INTELLIGENCE PERSONNEL SECURITY PROGRAM 
              TO INCLUDE NONSECURITY STAFF.

    (a) In General.--Section 155(a) of the Foreign Relations 
Authorization Act, 1988 and 1989 (Public Law 100-204; 22 U.S.C. 4802 
note) is amended by striking ``high intelligence threat countries who 
are responsible for security at those posts'' and inserting ``critical 
human intelligence threat countries and countries designated by the 
Under Secretary of State for Management''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State shall submit a report 
to the appropriate congressional committees that describes the 
implementation of the expanded special personnel security program 
required under section 155(a) of the Foreign Relations Authorization 
Act, 1988 and 1989, as amended by subsection (a).

SEC. 103. COUNTER-INTELLIGENCE TRAINING FOR CERTAIN DIPLOMATIC SECURITY 
              SPECIAL AGENTS.

    (a) In General.--Title IV of the Omnibus Diplomatic Security an 
Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.) is amended by adding 
at the end the following:

``SEC. 418. COUNTER-INTELLIGENCE TRAINING FOR CERTAIN DIPLOMATIC 
              SECURITY SPECIAL AGENTS.

    ``Diplomatic Security special agents who are assigned to positions 
with a primary counterintelligence role or a diplomatic post rated as 
High or Critical for Human Intelligence on the Department of State's 
Security Environment Threat List shall receive specific and substantive 
mandatory Counter-Intelligence training.''.
    (b) Clerical Amendment.--The table of contents of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399) 
is amended by inserting after the item relating to section 417 the 
following:

``418. Counter-intelligence training for certain Diplomatic Security 
                            special agents.''.

SEC. 104. ROLE OF REGIONAL SECURITY OFFICERS AS PRINCIPAL SECURITY AND 
              LEAD LAW ENFORCEMENT REPRESENTATIVES AT OVERSEAS 
              MISSIONS.

    Section 103(a)(1)(A) of the Omnibus Diplomatic and Security 
Antiterrorism Act of 1986 (22 U.S.C. 4802(a)(1)(A)) is amended by 
inserting ``, including by acting through appropriate personnel, such 
as Diplomatic Security special agents assigned as Regional Security 
Officers, as the principal security and lead law enforcement 
representatives to Chiefs of Mission and the Secretary of State for 
purposes of directing executive branch personnel assigned overseas 
under Chief of Mission authority'' before the semicolon at the end.

                         TITLE II--AUTHORITIES

SEC. 201. DELEGATION OF PREAPPROVAL RELATING TO INTERCEPTION OF WIRE, 
              ORAL, AND ELECTRONIC COMMUNICATIONS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Diplomatic Security special agents should be able to 
        conduct recordings, like those of other United States Federal 
        law enforcement agencies, during the course of their official 
        activities to ensure accountability and promote public 
        confidence in law enforcement efforts; and
            (2) the Department of State's current process of obtaining 
        the Secretary of State's pre-approval for creating each 
        instance of these objective accounts of key investigations and 
        interactions significantly restricts Diplomatic Security 
        special agents from obtaining timely approval from an 
        appropriate law enforcement entity for critical information.
    (b) In General.--The Secretary of State should delegate to the 
Assistant Secretary of State for Diplomatic Security or the Principal 
Deputy Assistant Secretary of State for Diplomatic Security as the 
preapproval authority for Diplomatic Security special agents seeking 
authorization under section 2516 of title 18, United States Code, to 
carry out the interception of wire, oral, or electronic 
communications--
            (1) in furtherance of carrying out the duties described in 
        section 37(a) of the State Department Basic Authorities Act of 
        1956 (22 U.S.C. 2709(a)); and
            (2) in accordance with the requirements under chapter 119 
        of title 18, United States Code.
    (c) Update to the Foreign Affairs Manual.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary shall revise 
section 221.5 of volume 12 of the Foreign Affairs Manual to reflect the 
delegation to the Assistant Secretary of State for Diplomatic Security 
or the Principal Deputy Assistant Secretary of State for Diplomatic 
Security under subsection (b).

SEC. 202. ADMINISTRATIVE SUBPOENA AUTHORITY.

    Section 3486(a)(1)(A) of title 18, United States Code, is amended--
            (1) in clause (ii), by striking ``or'' at the end; and
            (2) in clause (iii), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by inserting after clause (iii) the following:
            ``(iv) a threat against a person, a foreign mission, or an 
        international organization authorized to receive protection by 
        special agents of the Department of State and the Foreign 
        Service that the Executive Director of the Bureau of Diplomatic 
        Security determines to be imminent; an offense under chapter 75 
        or 77 of title 18, United States Code; or any offense under 
        section 878 of title 18, United States Code, the Secretary of 
        State,''.

SEC. 203. INVESTIGATION OF CYBER CRIMES.

    Section 37(a)(1) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2709(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end; and
            (2) by adding at the end the following:
                    ``(D) cyber crimes committed against the Department 
                of State computers or systems, or overseas systems 
                maintained by the Department of State; or''.

SEC. 204. AUTHORITY TO PROVIDE DIRECT ASSISTANCE TO CRIME VICTIMS.

    In addition to the services described in section 503(c)(1) of the 
Victims' Rights and Restitution Act of 1990 (34 U.S.C. 20141), 
including services provided through the Victims' Resource Advocacy 
Program of the Diplomatic Security Service, the Secretary of State may 
provide direct assistance, including emergency lodging, meals, 
clothing, transportation, and other incidentals, to a United States 
citizen victim involved in matters being investigated by the Diplomatic 
Security Service.

SEC. 205. AUTHORITY TO INVESTIGATE TRANSNATIONAL HUMAN TRAFFICKING.

    Section 37(a)(1) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2709(a)(1)), as amended by section 203, is further 
amended by adding at the end the following:
                    ``(E) transnational violations of chapter 77 of 
                title 18, United States Code, in which any part of the 
                offense conduct occurred outside the United States or 
                involved one or more foreign nationals;''.

SEC. 206. REVISION OF CERTAIN LICENSE EXCEPTION UNDER EXPORT 
              ADMINISTRATION REGULATIONS TO APPLY WITH RESPECT TO 
              SECURITY CONTRACTORS OF DEPARTMENT OF STATE.

    The Secretary of Commerce shall revise section 740.11 of title 15, 
Code of Federal Regulations, to apply the license exception under 
subsection (b) of such section to private security contractors of the 
United States Government who support the Bureau of Diplomatic Security 
of the Department of State and other overseas security operations of 
the Department of State.

SEC. 207. EXPANSION OF REWARDS FOR JUSTICE PROGRAM.

    Section 36(b) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2708(b)) is amended--
            (1) in paragraph (13), by striking ``or'' at the end;
            (2) in paragraph (14), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(15) the identification of any individual who commits a 
        major cybercrime described in section 1030(a) of title 18, 
        United States Code, against the United States; or
            ``(16) the identification of any individual who has 
        criminally violated a United States sanction if the information 
        received leads to--
                    ``(A) prosecution of such individual by the 
                Department of Justice; or
                    ``(B) the imposition of a civil fine by the Office 
                of Foreign Assets Control of the Department of 
                Treasury.''.

SEC. 208. EXEMPTION OF DEPARTMENT OF STATE FROM THE SECURE FEDERAL 
              LEASES ACT.

    Section 2(6) of the Secure Federal LEASEs Act (Public Law 116-276; 
40 U.S.C. 585 note) is amended by inserting ``and the Department of 
State'' after ``the Department of Defense''.

                     TITLE III--PERSONNEL POLICIES

SEC. 301. MODERNIZATION OF TIMEKEEPING PROCESS.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller for the Department of State shall develop and 
begin implementing a plan to modernize and automate the Diplomatic 
Service special agent time and attendance timekeeping process.

SEC. 302. AVAILABILITY FOR WORK CREDIT FOR PURPOSES OF CALCULATING 
              UNSCHEDULED DUTY HOURS.

    Not later than 180 days after the date of the enactment of this 
Act, the Director of the Office of Personnel Management shall amend 
section 550.182(a) of title 5, Code of Federal Regulations, to provide 
that--
            (1) Diplomatic Security special agents are treated like 
        other criminal investigators for the purpose of calculating 
        availability pay; and
            (2) unscheduled duty hours include hours during which a 
        Diplomatic Security special agent is determined by the 
        Department of State to be available for work.
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