[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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