[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6034 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6034
To amend the Diplomatic Security Act of 1986 to empower diplomats to
pursue vital diplomatic goals and mitigate security risks at United
States Government missions abroad, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2021
Ms. Jacobs of California (for herself and Mr. Kinzinger) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Diplomatic Security Act of 1986 to empower diplomats to
pursue vital diplomatic goals and mitigate security risks at United
States Government missions abroad, 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.
This Act may be cited as the ``Diplomatic Support and Security Act
of 2021''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is a United States national security priority that
United States Government mission personnel are able to fully
execute their duties, including--
(A) providing United States citizen services that
are often a matter of life and death in insecure
places;
(B) meeting with foreign officials, including
government and nongovernment, civil society, private
sector, and members of the press, to advance United
States national security priorities; and
(C) understanding, engaging, and reporting on
foreign political, social, and economic conditions;
(2) a risk-averse environment that inhibits the execution
of these fundamental duties undermines the national security
interests of the United States and contributes to the further
militarization of United States foreign policy as military and
intelligence agencies may experience fewer security
restrictions and greater risk tolerance in the wake of security
incidents; and
(3) Congress has a role to play in addressing the negative
impacts of an increasingly risk-averse culture at the
Department of State and United States Agency for International
Development and helping to create an appropriate balance of
security and safety for United States diplomats and personnel
with greater flexibility to carry out their most important
duties, and in removing politics from the review of post-
security incident evaluations.
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 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 effective risk management
that enables the Department of State to pursue its vital goals
with full knowledge that it is neither desirable nor possible
for the Department to avoid all risks;''.
(b) Briefings on Embassy Security.--Paragraph (1) of section 105(a)
of the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
(1) in the matter preceding subparagraph (A), 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. 4. INVESTIGATION OF SERIOUS SECURITY INCIDENTS.
(a) In General.--Section 301 of the Diplomatic Security Act (22
U.S.C. 4831) is amended--
(1) in the section heading, by striking the heading and
inserting ``investigation of serious security incidents'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Convening the serious security incident investigation
permanent coordinating committee process.--
``(A) In general.--In any case of an incident
involving loss of life, serious injury, or significant
destruction of property at, or related to, a United
States Government (USG) 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, an investigation, to be referred to as
a `Serious Security Incident Investigation' (SSII),
into such incident shall be convened by the Department
of State and a report produced for the Secretary of
State providing a full account of such incident,
including--
``(i) whether security provisions pertinent
to such incident were in place and functioning;
``(ii) whether any malfeasance or breach of
duty took place that materially contributed to
the outcome of such incident; and
``(iii) any recommendations of relevant
security improvements or follow-up measures.
``(B) Exception.--Subsection (a) does not apply in
the case of an incident that clearly involves only
causes unrelated to security.'';
(B) in paragraph (2), by striking ``Board'' and
inserting ``Serious Security Incident Investigation'';
and
(C) by striking paragraph (3);
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Except as'' and all that
follows through ``convene a Board'' and
inserting ``The Secretary of State shall
conduct a Serious Security Incident
Investigation (SSII) under subsection (a) and
establish a subsequent process under section
302 to be carried out by the `Serious Security
Incident Investigation Permanent Coordinating
Committee' (SSII/PCC) established pursuant to
such section''; and
(ii) by striking ``for the convening of the
Board''; and
(B) in paragraph (2), by striking ``Board'' each
place it appears and inserting ``SSII/PCC''; and
(4) in subsection (c)--
(A) by striking ``Board'' the first place such term
appears and inserting ``Serious Security Incident
Investigation and begins the SSII/PCC process'';
(B) by striking ``chairman'' and inserting ``chair
and ranking member''; and
(C) by striking ``Speaker'' and all that follows
through the period at the end of paragraph (3) and
inserting ``chair and ranking member of the Committee
on Foreign Affairs of the House of Representatives.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by
striking the item relating to section 301 and inserting the following
new item:
``Sec. 301. Investigation of serious security incidents.''.
SEC. 5. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT COORDINATING
COMMITTEE.
(a) In General.--Section 302 of the Diplomatic Security Act of 1986
(22 U.S.C. 4832) is amended to read as follows:
``SEC. 302. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT
COORDINATING COMMITTEE.
``(a) Bureau of Diplomatic Security Responsibility for
Investigations.--The Diplomatic Security Service of the Bureau of
Diplomatic Security of the Department of State shall be responsible for
conducting the investigation of an incident involving loss of life,
serious injury, or significant destruction of property at, or related
to, a United States Government (USG) mission abroad that may be
determined to be a serious security incident and providing
investigative personnel and other resources as may be necessary. The
results of every investigation of all such incidents shall be referred
to the Serious Security Incident Investigation Permanent Coordinating
Committee established and convened pursuant to subsection (b) for final
determinations regarding whether such incidents are serious security
incidents.
``(b) Serious Security Incident Permanent Coordinating Committee.--
``(1) In general.--The Secretary of State shall establish
and convene a committee, referred to as a `Serious Security
Incident Investigation Permanent Coordinating Committee' (in
this title referred to as the `SSII/PCC'), to review each
incident described in subsection (a) to determine, in
accordance with section 304, if each such incident is a serious
security incident. The SSII/PCC shall review the Report of
Investigation prepared under section 303(c) and any other
available reporting and evidence, including video recordings,
and shall prepare the SSII/PCC Report under section 304(b).
``(2) Composition.--The SSII/PCC shall be composed
primarily of Assistant Secretary-level personnel or their
designated representatives in the Department of State, and
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
SSII/PCC.
``(B) The Assistant Secretary or designated
representative responsible for the region in which the
serious security incident occurred.
``(C) The Assistant Secretary or designated
representative for Diplomatic Security.
``(D) The Assistant Secretary or designated
representative for the Bureau of Intelligence and
Research.
``(E) An Assistant Secretary-level or designated
representative from any involved United States
Government department or agency.
``(F) Other personnel as determined necessary or
appropriate.
``(c) Definition.--In this section, the term `designated
representative' means an official of the Department of State with a
rank and status not lower than a Deputy Assistant Secretary-level or
equivalent relevant to the office in which the Assistant Secretary
referred to in paragraph (2) is a part and who is acting on behalf of
the Assistant Secretary and with respect to whom the Assistant
Secretary is responsible for the conduct and actions during the
investigation process.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by
striking the item relating to section 302 and inserting the following
new item:
``Sec. 302. Serious Security Incident Investigation Permanent
Coordinating Committee.''.
SEC. 6. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
(a) In General.--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
Investigation process shall commence when a United States
Government (USG) mission reports to the Secretary of State
information relating to an incident involving loss of life,
serious injury, or significant destruction of property at, or
related to, a USG mission abroad, including detailed
information about such incident, not later than 72 hours after
the occurrence of such incident.
``(2) Investigation.--The Diplomatic Security Service of
the Bureau of Diplomatic Security of the Department of State
shall assemble an investigative team to carry out the
investigation of an incident reported under paragraph (1). The
investigation shall cover the following matters with respect to
such incident:
``(A) An assessment of what occurred, an
identification, if known, of the perpetrator suspected
of having carried out such incident, and whether
applicable security procedures were followed.
``(B) If such incident was an attack on a USG
mission abroad, a determination regarding whether
security systems, security countermeasures, and
security procedures operated as intended.
``(C) If such 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 a USG mission,
a determination regarding whether proper security
briefings and procedures were in place and whether
security systems, security countermeasures, and
security procedures operated as intended, and whether
such systems, countermeasures, and procedures worked to
materially mitigate such attack or were inadequate to
mitigate any threat associated with such attack.
``(D) An assessment of whether any officials' or
employees' failure to follow procedures or perform
their duties contributed to such incident.
``(b) Referral and Recommendation.--The investigative team
assembled pursuant to subsection (a)(2) shall--
``(1) in accordance with section 302(a), refer to the SSII/
PCC the results, including the Report of Investigation under
subsection (c), of each investigation carried out under
subsection (a); and
``(2) make a recommendation to the SSII/PCC, based upon
each such investigation, regarding whether the incident that is
the subject of each such investigation, should be determined to
be a serious security incident.
``(c) Report of Investigation.--At the conclusion of a Serious
Security Incident Investigation under subsection (a), the investigative
team shall prepare a Report of Investigation and submit such Report to
the SSII/PCC. Such 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, injuries, and
damage resulting from the incident that is the subject of the
investigation.
``(3) A review of security procedures and directives in
place at the time of such incident.
``(4) A recommendation, pursuant to subsection (b)(2),
regarding whether such incident should be determined to be a
serious security incident.
``(d) 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 on 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 of Investigation under subsection (b).
The SSII/PCC shall determine the level of classification of the final
report prepared under section 304(b), but shall incorporate in such
report, to the maximum extent practicable, the confidentiality measures
referred to in this subsection.
``(e) Individual Defined.--In this section and section 304, the
term `individual' means--
``(1) employees, as such term is defined in section 2105 of
title 5 (including members of the Foreign Service);
``(2) members of the uniformed services, as such term is
defined in section 101(3) of title 37;
``(3) employees of instrumentalities of the United States;
and
``(4) individuals employed by any person or entity under
contract with agencies or instrumentalities of the United
States Government to provide services, equipment, or
personnel.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by
striking the item relating to section 303 and inserting the following
new item:
``Sec. 303. Serious security incident investigation process.''.
SEC. 7. FINDINGS AND RECOMMENDATIONS OF THE SERIOUS SECURITY INCIDENT
INVESTIGATION PERMANENT COORDINATING COMMITTEE.
(a) In General.--Section 304 of the Diplomatic Security Act (22
U.S.C. 4834) is amended to read as follows:
``SEC. 304. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT
COORDINATING COMMITTEE FINDINGS AND REPORT.
``(a) In General.--The SSII/PCC shall review the Report of
Investigation prepared pursuant to section 303(c), all other evidence,
reporting, and relevant information relating to an incident involving
loss of life, serious injury, or significant destruction of property
at, or related to, a United States Government (USG) mission abroad,
including an examination of the facts and circumstances surrounding any
serious injuries, loss of life, or significant destruction of property
resulting from such incident and shall make the following written
findings and final determinations:
``(1) Whether such incident was security related and is
determined to be a serious security incident.
``(2) If such incident was an attack on a USG mission
abroad, whether the security systems, security countermeasures,
and security procedures operated as intended, and whether such
systems, countermeasures, and procedures worked to materially
mitigate such attack or were inadequate to mitigate any threat
associated with such attack.
``(3) If such incident involved an individual or group of
officers conducting an approved operation outside a USG
mission, a determination regarding whether a valid process was
followed in evaluating such operation for approval and weighing
any risks associated with such operation, except that such a
determination shall not seek to assign accountability for such
incident unless the SSII/PCC determines a breach of duty has
occurred.
``(4) An assessment of the impact of intelligence and
information availability relating to such incident, and whether
the USG mission was aware of the general operating threat
environment or any more specific threat intelligence or
information and the extent to which such was taken into account
in ongoing and specific operations.
``(5) Such other facts and circumstances that may be
relevant to the appropriate security management of USG missions
abroad.
``(b) SSII/PCC Report.--Not later than 60 days after receiving the
Report of Investigation prepared under section 303(b), the SSII/PCC
shall submit to the Secretary of State a SSII/PCC Report on the
incident at issue, including the determination and findings under
subsection (a) and any related recommendations related to preventing
and responding to similar such incidents. Not later than 90 days after
receiving such SSII/PCC Report, the Secretary of State shall submit
such SSII/PCC Report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives. Such SSII/PCC Report shall be submitted in
unclassified form, but may include a classified annex.
``(c) Personnel Findings.--If in the course of conducting an
investigation under section 303, the investigative team finds
reasonable cause to believe any official or employee referred to in
subsection (a)(2)(D) of such section has breached the duty of such
official or employee, or finds lesser failures on the part of an
official or employee in the performance of his or her duties related to
the serious security incident at issue, the investigative team shall
report such to the SSII/PCC. If the SSII/PCC finds reasonable cause to
support a finding relating to such a breach or failure, the SSII/PCC
shall--
``(1) notify the official or employee concerned;
``(2) if such official or employee is employed by the
Department of State, transmit to the Director General of the
Foreign Service for appropriate action such finding, together
with all information relevant to such finding; or
``(3) if such official or employee is employed by a Federal
agency other than the Department of State, transmit to the head
of such Federal agency for appropriate action such finding,
together with all information relevant to such finding.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by
striking the item relating to section 304 and inserting the following
new item:
``Sec. 304. Serious Security Incident Investigation Permanent
Coordinating Committee findings and
report.''.
SEC. 8. RELATION TO OTHER PROCEEDINGS.
Section 305 of the Diplomatic Security Act of 1986 (22 U.S.C.
4835) is amended--
(1) by striking ``Nothing in this title shall'' and
inserting the following:
``(a) No Effect on Existing Remedies or Defenses.--Nothing in this
title may''; and
(2) by adding at the end of the following new subsection:
``(b) Future Inquiries.--Nothing in this title may be construed to
preclude the Secretary of State from convening a follow-up public board
of inquiry to investigate any serious security incident if such
incident was of such magnitude or significance that an internal process
is determined to be insufficient to understand and investigate such
incident. All materials gathered during the procedures provided under
this title shall be provided to any such related board of inquiry
convened by the Secretary.''.
SEC. 9. TRAINING FOR FOREIGN SERVICE PERSONNEL ON RISK MANAGEMENT
PRACTICES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall develop and submit to the appropriate
congressional committees a strategy to train and educate Foreign
Service personnel on appropriate risk management practices when
conducting their duties in high risk, high threat environments. Such
strategy shall include the following elements:
(1) Plans to develop and offer additional training courses,
or augment existing courses, for Foreign Service officers
regarding the conduct of their duties in high risk, high threat
environments outside of diplomatic compounds, including for
diplomatic personnel such as political officers, economic
officers, consular officers, and others.
(2) Plans to educate Senior Foreign Service personnel
serving abroad, including ambassadors, chiefs of mission,
deputy chiefs of missions, and regional security officers, on
appropriate risk management practices to employ when evaluating
requests for diplomatic operations in high risk, high threat
environments outside of diplomatic compounds.
SEC. 10. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF EXPEDITIONARY
DIPLOMACY AWARD.
It is the sense of Congress that the Secretary of State should--
(1) encourage expeditionary diplomacy, proper risk
management practices, and regular and meaningful engagement
with civil society at the Department of State through the
establishment of an annual award to be known as the
``Expeditionary Diplomacy Award'' that would be awarded to
officers or employees of the Department; and
(2) establish procedures for selecting recipients of such
award, including any financial terms associated with such
award.
SEC. 11. PROMOTION IN THE FOREIGN SERVICE.
Subsection (b) of the Foreign Service Act of 1980 (22 U.S.C. 4003)
is amended--
(1) by inserting after ``as the case may be,'' the
following: ``and when occupying positions for which the
following is, to any degree, an element of the member's
duties,'';
(2) in paragraph (1), by striking ``when occupying
positions for which such willingness and ability is, to any
degree, an element of the member's duties'';
(3) in paragraph (1), by striking ``, or'' and inserting a
semicolon;
(4) in paragraph (2), by striking the period and inserting
``; or'';
(5) by redesignating paragraph (2) as paragraph (3);
(6) by inserting after paragraph (1) the following new
paragraph:
``(2) a willingness and ability to regularly and
meaningfully engage with civil society and other local actors
in-country;''; and
(7) by inserting after paragraph (3) the following new
paragraph:
``(4) the ability to effectively manage and assess risk
associated with the conduct of diplomatic operations.''.
SEC. 12. REPORTING REQUIREMENT.
Not later than 180 days after the date of the enactment of this Act
and for every 180 days thereafter for the following two years, the
Secretary of State shall submit to the appropriate congressional
committees a report on the Department of State's risk management
efforts, including information relating to progress in implementing
this Act, subsection (b) of section 102 of the Diplomatic Security Act
(22 U.S.C. 4801), as amended by section 3(a) of this Act, and the
following elements:
(1) Progress on encouraging and incentivizing appropriate
Foreign Service personnel to regularly and meaningfully engage
with civil society and other local actors in-country.
(2) Efforts to promote a more effective culture of risk
management and greater risk tolerance among all Foreign Service
personnel, including through additional risk management
training and education opportunities.
(3) Progress on efforts to incorporate the provisions of
this Act into the Foreign Affairs Manual regulations and
implement the Serious Security Incident Investigation Permanent
Coordinating Committee (SSII/PCC) established and convened
pursuant to section 302(b) of the Diplomatic Security Act (22
U.S.C. 4832), as amended by section 5 of this Act, to more
closely align Department of State procedures with how other
Federal departments and agencies analyze, weigh, and manage
risk.
SEC. 13. IMPLEMENTATION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall identify and report to the
appropriate congressional committees which official of the Department
of State, with a rank not lower than Assistant Secretary or equivalent,
will be responsible for leading the implementation of this Act and the
amendments made by this Act.
SEC. 14. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
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