[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5898-S5899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6366. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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 subtitle F of title XII, add the following:

     SEC. 1276. 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.--A United States 
     mission shall submit an initial report of a Serious Security 
     Incident not later than 3 days after such incident occurs, 
     whenever feasible, at which time an investigation of the 
     incident shall be initiated.
       ``(2) Investigation.--Not later than 10 days after the 
     submission of a report pursuant to paragraph (1), the 
     Secretary shall direct the Diplomatic Security Service to 
     assemble an investigative team to investigate the incident 
     and independently establish what occurred. Each investigation 
     under this subsection 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 whether 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 assembled 
     pursuant to paragraph (2) 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) Investigation Procedures.--
       ``(1) Procedures with respect to federal employees and 
     contractors.--
       ``(A) Authorized actions.--With respect to any individual 
     described in subparagraph (C), an investigative team 
     conducting an investigation pursuant to subsection (a)(2) 
     may--
       ``(i) administer oaths and affirmations;
       ``(ii) require that depositions be given and 
     interrogatories answered; and
       ``(iii) require the attendance and presentation of 
     testimony and evidence by such individual.
       ``(B) Failure to comply.--Failure of an individual 
     described in subparagraph (C) to comply with a request of an 
     investigative team under subparagraph (A) shall be grounds 
     for disciplinary action by the head of the Federal agency in 
     which such individual is employed or serves, or in the case 
     of a contractor, debarment.
       ``(C) Federal employees and contractors.--The individuals 
     described in this paragraph are--
       ``(i) employees (as defined in section 2105 of title 5, 
     United States Code);
       ``(ii) members of the Foreign Service;
       ``(iii) members of the uniformed services (as defined in 
     section 101(3) of title 37, United States Code);
       ``(iv) employees of instrumentalities of the United States; 
     and
       ``(v) individuals employed by any person or entity under 
     contract with agencies or instrumentalities of the United 
     States Government to provide services, equipment, or 
     personnel.
       ``(2) Procedures with respect to other persons.--With 
     respect to a person who is not described in subparagraph 
     (1)(C), an investigative team conducting an investigation 
     pursuant to subsection (a)(2) may--
       ``(A) administer oaths and affirmations; and
       ``(B) require that depositions be given and interrogatories 
     answered.
       ``(3) Subpoenas.--
       ``(A) In general.--An investigative team may issue a 
     subpoena for the attendance and testimony of any person 
     (other than an individual described in clause (i), (ii), 
     (iii), or (iv) of paragraph (1)(C)) and the production of 
     documentary or other evidence from any such person if the 
     investigative team finds that such a subpoena is necessary in 
     the interests of justice for the development of relevant 
     evidence.
       ``(B) Refusal to comply.--In the case of contumacy or 
     refusal to obey a subpoena issued under this subparagraph, a 
     court of the United States within the jurisdiction of which a 
     person is directed to appear or produce information, or 
     within the jurisdiction of which the person is found, 
     resides, or transacts business, may upon application of the 
     Attorney General, issue to such person an order requiring 
     such person to appear before the investigative team to give 
     testimony or produce information as required by the subpoena.
       ``(C) Witness fees.--Subpoenaed witnesses shall be paid the 
     same fee and mileage allowances which are paid subpoenaed 
     witnesses in the courts of the United States.
       ``(c) Report of Investigation.--Not later than 90 days 
     after the occurrence of a Serious Security Incident, the 
     investigative team investigating the incident shall prepare 
     and submit a Report of Investigation to the Security Review 
     Committee that includes--
       ``(1) a detailed description of the matters set forth in 
     subparagraphs (A) through (D) of subsection (a)(2), including 
     all related findings;

[[Page S5899]]

       ``(2) a complete and accurate account of the casualties, 
     injuries, and damage resulting from the incident; and
       ``(3) a review of security procedures and directives in 
     place at the time of the incident.
       ``(d) Confidentiality.--The investigative team 
     investigating a Serious Security Incident 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 required under 
     subsection (c). The Security Review Committee shall determine 
     the level of classification of the final report prepared 
     pursuant to section 304(d), and shall incorporate the same 
     confidentiality measures in such report to the maximum extent 
     practicable.
       ``(e) Status of an Investigative Team.--The provisions of 
     the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
     and section 552b of title 5, United States Code, (relating to 
     open meetings) shall not apply to any investigative team 
     assembled pursuant to subsection (a)(2).''.
                                 ______