[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;
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``(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).''.
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