[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7947-S7948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4456. Mr. RISCH (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

              Subtitle H--Diplomatic Support and Security

     SEC. 1291. SHORT TITLE.

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

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) A robust overseas diplomatic presence is an effective 
     foreign policy, particularly in unstable environments where a 
     flexible and timely diplomatic response can be decisive in 
     preventing and addressing violent conflict.
       (2) Diplomats routinely put themselves and their families 
     at great personal risk to serve their country overseas where 
     they increasingly 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) However, there is broad consensus that the pendulum has 
     swung too far toward eliminating risk, excessively inhibiting 
     diplomatic activity, too often resulting in embassy closures, 
     reducing footprints, and postponing or denying travel 
     requests.
       (5) 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.
       (6) Despite the fact that Congress currently provides 
     annual appropriations in excess of $1,900,000,000 for embassy 
     security, construction, and maintenance, the Department of 
     State is unable to fully transform this considerable 
     investment into true overseas presence given excessive 
     movement and safety restrictions that inhibit 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 that can be are 
     often a matter of life and death in unsecure places; and
       (D) collaborate and, at times, compete with other 
     diplomatic missions, such as the People's Republic of China, 
     that do not have the same 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 presence strategy 
     that mitigates potential risks and adequately considers the 
     myriad direct and indirect consequences of a lack of 
     presence.

     SEC. 1293. 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 the 
     Director General of the Foreign Service 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)(1) of 
     the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
       (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 posts, and the risk to 
     national security of the continued closure and remaining 
     barriers to doing so'';
       (2) in subparagraph (A), by striking ``the type and level 
     of security threats such post could encounter'' and inserting 
     ``the risk to national security of the post's continued 
     closure''; and
       (3) in subparagraph (C), by inserting ``the type and level 
     of security threats such post could encounter, and'' before 
     ``security `tripwires' ''.

     SEC. 1294. INVESTIGATION OF SERIOUS SECURITY INCIDENTS.

       (a) 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.--
       ``(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 Security Review Committee (SRC) 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.
       ``(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) 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 determine 
     the composition of the SRC and designate a Chairperson. 
     Members of the SRC 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 SRC.
       ``(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.''; and
       (D) 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 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, 
     in writing, a description of how the SRC will be structured 
     with respect to any other standing committees.'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``Except as'' and all that follows through 
     ``a Board'' and inserting ``The Secretary of State shall 
     convene a SRC''; and
       (ii) by striking ``for the convening of the Board''; and
       (B) in paragraph (2), by striking ``Board'' each place it 
     appears and inserting ``SRC''; and
       (4) in subsection (c)--
       (A) by striking ``convenes a Board'' and inserting 
     ``convenes a SRC'';
       (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.''.
       (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 ``Board'' each place it appears and 
     inserting ``SRC''.

     SEC. 1295. 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 review 
     process begins when a United States mission reports a serious 
     security incident at the mission, including an initial report 
     within three days of the event.
       ``(2) Investigation.--The Diplomatic Security Service shall 
     assemble an investigative

[[Page S7948]]

     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 based on known threat at the 
     time of the incident.
       ``(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 the failure of any officials 
     or employees 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 SRC. 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 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. 1296. 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 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 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 30 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 Director General of the Foreign 
     Service for appropriate action.''.

     SEC. 1297. 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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