II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Diplomatic Security Modernization Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 3820 IS

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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations of 

7 the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on Foreign Affairs of 

11 the House of Representatives; and 

12 (D) the Committee on Appropriations of 

13 the House of Representatives. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 3820 IS

1 (2) DIPLOMATIC SECURITY SPECIAL AGENT.— 

2 The term ‘‘Diplomatic Security special agent’’ 

3 means a special agent of the Department of State or 

4 the Foreign Service under section 37 of the State 

5 Department Basic Authorities Act of 1956 (22 

6 U.S.C. 2709). 

7 TITLE I—BUREAU OF DIPLO8 MATIC SECURITY ORGANIZA9 TION AND MANAGEMENT 

10 SEC. 101. REPORT ON THE BUREAU OF DIPLOMATIC SECU11 RITY ORGANIZATIONAL REPORTING STRUC12 TURE. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary of State shall submit a 

15 report to Congress that— 

16 (1) assesses and justifies keeping the Assistant 

17 Secretary of State for Diplomatic Security under the 

18 supervision of the Under Secretary of State for 

19 Management; and 

20 (2) explains how requiring the Assistant Sec21 retary of State for Diplomatic Security to report di22 rectly to the Deputy Secretary of State for Manage23 ment and Resources would enhance or detract from 

24 the ability of the Bureau of Diplomatic Security to 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 3820 IS

1 meets its obligations of providing a safe and secure 

2 environment for the conduct of diplomacy. 

3 SEC. 102. EXPANSION OF COUNTER-INTELLIGENCE PER4 SONNEL SECURITY PROGRAM TO INCLUDE 

5 NONSECURITY STAFF. 

6 (a) IN GENERAL.—Section 155(a) of the Foreign Re7 lations Authorization Act, 1988 and 1989 (Public Law 

8 100–204; 22 U.S.C. 4802 note) is amended by striking 

9 ‘‘high intelligence threat countries who are responsible for 

10 security at those posts’’ and inserting ‘‘critical human in11 telligence threat countries and countries designated by the 

12 Under Secretary of State for Management’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date that is 90 days 

15 after the date of the enactment of this Act. 

16 (c) REPORT TO CONGRESS.—Not later than 180 days 

17 after the date of the enactment of this Act, the Secretary 

18 of State shall submit a report to the appropriate congres19 sional committees that describes the implementation of the 

20 expanded special personnel security program required 

21 under section 155(a) of the Foreign Relations Authoriza22 tion Act, 1988 and 1989, as amended by subsection (a). 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 3820 IS

1 SEC. 103. COUNTER-INTELLIGENCE TRAINING FOR CER2 TAIN DIPLOMATIC SECURITY SPECIAL 

3 AGENTS. 

4 (a) IN GENERAL.—Title IV of the Omnibus Diplo5 matic Security an Antiterrorism Act of 1986 (22 U.S.C. 

6 4851 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 418. COUNTER-INTELLIGENCE TRAINING FOR CER9 TAIN DIPLOMATIC SECURITY SPECIAL 

10 AGENTS. 

11 ‘‘Diplomatic Security special agents who are assigned 

12 to positions with a primary counterintelligence role or a 

13 diplomatic post rated as High or Critical for Human Intel14 ligence on the Department of State’s Security Environ15 ment Threat List shall receive specific and substantive 

16 mandatory Counter-Intelligence training.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 of the Omnibus Diplomatic Security and Antiterrorism 

19 Act of 1986 (Public Law 99–399) is amended by inserting 

20 after the item relating to section 417 the following: 

‘‘418. Counter-intelligence training for certain Diplomatic Security special 

agents.’’. 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 3820 IS

1 SEC. 104. ROLE OF REGIONAL SECURITY OFFICERS AS 

2 PRINCIPAL SECURITY AND LEAD LAW EN3 FORCEMENT REPRESENTATIVES AT OVER4 SEAS MISSIONS. 

5 Section 103(a)(1)(A) of the Omnibus Diplomatic and 

6 Security Antiterrorism Act of 1986 (22 U.S.C. 

7 4802(a)(1)(A)) is amended by inserting ‘‘, including by 

8 acting through appropriate personnel, such as Diplomatic 

9 Security special agents assigned as Regional Security Offi10 cers, as the principal security and lead law enforcement 

11 representatives to Chiefs of Mission and the Secretary of 

12 State for purposes of directing executive branch personnel 

13 assigned overseas under Chief of Mission authority’’ be14 fore the semicolon at the end. 

15 TITLE II—AUTHORITIES 

16 SEC. 201. DELEGATION OF PREAPPROVAL RELATING TO 

17 INTERCEPTION OF WIRE, ORAL, AND ELEC18 TRONIC COMMUNICATIONS. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) Diplomatic Security special agents should 

22 be able to conduct recordings, like those of other 

23 United States Federal law enforcement agencies, 

24 during the course of their official activities to ensure 

25 accountability and promote public confidence in law 

26 enforcement efforts; and 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 3820 IS

1 (2) the Department of State’s current process 

2 of obtaining the Secretary of State’s pre-approval 

3 for creating each instance of these objective accounts 

4 of key investigations and interactions significantly 

5 restricts Diplomatic Security special agents from ob6 taining timely approval from an appropriate law en7 forcement entity for critical information. 

8 (b) IN GENERAL.—The Secretary of State should del9 egate to the Assistant Secretary of State for Diplomatic 

10 Security or the Principal Deputy Assistant Secretary of 

11 State for Diplomatic Security as the preapproval authority 

12 for Diplomatic Security special agents seeking authoriza13 tion under section 2516 of title 18, United States Code, 

14 to carry out the interception of wire, oral, or electronic 

15 communications— 

16 (1) in furtherance of carrying out the duties de17 scribed in section 37(a) of the State Department 

18 Basic Authorities Act of 1956 (22 U.S.C. 2709(a)); 

19 and 

20 (2) in accordance with the requirements under 

21 chapter 119 of title 18, United States Code. 

22 (c) UPDATE TO THE FOREIGN AFFAIRS MANUAL.— 

23 Not later than 90 days after the date of the enactment 

24 of this Act, the Secretary shall revise section 221.5 of vol25 ume 12 of the Foreign Affairs Manual to reflect the deleVerDate Sep 11 2014 19:19 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820

ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 3820 IS

1 gation to the Assistant Secretary of State for Diplomatic 

2 Security or the Principal Deputy Assistant Secretary of 

3 State for Diplomatic Security under subsection (b). 

4 SEC. 202. ADMINISTRATIVE SUBPOENA AUTHORITY. 

5 Section 3486(a)(1)(A) of title 18, United States 

6 Code, is amended— 

7 (1) in clause (ii), by striking ‘‘or’’ at the end; 

8 and 

9 (2) in clause (iii), by striking the comma at the 

10 end and inserting ‘‘; or’’; and 

11 (3) by inserting after clause (iii) the following: 

12 ‘‘(iv) a threat against a person, a foreign mis13 sion, or an international organization authorized to 

14 receive protection by special agents of the Depart15 ment of State and the Foreign Service that the Ex16 ecutive Director of the Bureau of Diplomatic Secu17 rity determines to be imminent; an offense under 

18 chapter 75 or 77 of title 18, United States Code; or 

19 any offense under section 878 of title 18, United 

20 States Code, the Secretary of State,’’. 

21 SEC. 203. INVESTIGATION OF CYBER CRIMES. 

22 Section 37(a)(1) of the State Department Basic Au23 thorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amend24 ed— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 3820 IS

1 (1) in subparagraph (B), by striking ‘‘or’’ at 

2 the end; and 

3 (2) by adding at the end the following: 

4 ‘‘(D) cyber crimes committed against the 

5 Department of State computers or systems, or 

6 overseas systems maintained by the Department 

7 of State; or’’. 

8 SEC. 204. AUTHORITY TO PROVIDE DIRECT ASSISTANCE TO 

9 CRIME VICTIMS. 

10 In addition to the services described in section 

11 503(c)(1) of the Victims’ Rights and Restitution Act of 

12 1990 (34 U.S.C. 20141), including services provided 

13 through the Victims’ Resource Advocacy Program of the 

14 Diplomatic Security Service, the Secretary of State may 

15 provide direct assistance, including emergency lodging, 

16 meals, clothing, transportation, and other incidentals, to 

17 a United States citizen victim involved in matters being 

18 investigated by the Diplomatic Security Service. 

19 SEC. 205. AUTHORITY TO INVESTIGATE TRANSNATIONAL 

20 HUMAN TRAFFICKING. 

21 Section 37(a)(1) of the State Department Basic Au22 thorities Act of 1956 (22 U.S.C. 2709(a)(1)), as amended 

23 by section 203, is further amended by adding at the end 

24 the following: 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 3820 IS

1 ‘‘(E) transnational violations of chapter 77 

2 of title 18, United States Code, in which any 

3 part of the offense conduct occurred outside the 

4 United States or involved one or more foreign 

5 nationals;’’. 

6 SEC. 206. REVISION OF CERTAIN LICENSE EXCEPTION 

7 UNDER EXPORT ADMINISTRATION REGULA8 TIONS TO APPLY WITH RESPECT TO SECU9 RITY CONTRACTORS OF DEPARTMENT OF 

10 STATE. 

11 The Secretary of Commerce shall revise section 

12 740.11 of title 15, Code of Federal Regulations, to apply 

13 the license exception under subsection (b) of such section 

14 to private security contractors of the United States Gov15 ernment who support the Bureau of Diplomatic Security 

16 of the Department of State and other overseas security 

17 operations of the Department of State. 

18 SEC. 207. EXPANSION OF REWARDS FOR JUSTICE PRO19 GRAM. 

20 Section 36(b) of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 

22 (1) in paragraph (13), by striking ‘‘or’’ at the 

23 end; 

24 (2) in paragraph (14), by striking the period at 

25 the end and inserting a semicolon; and 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 3820 IS

1 (3) by adding at the end the following: 

2 ‘‘(15) the identification of any individual who 

3 commits a major cybercrime described in section 

4 1030(a) of title 18, United States Code, against the 

5 United States; or 

6 ‘‘(16) the identification of any individual who 

7 has criminally violated a United States sanction if 

8 the information received leads to— 

9 ‘‘(A) prosecution of such individual by the 

10 Department of Justice; or 

11 ‘‘(B) the imposition of a civil fine by the 

12 Office of Foreign Assets Control of the Depart13 ment of Treasury.’’. 

14 SEC. 208. EXEMPTION OF DEPARTMENT OF STATE FROM 

15 THE SECURE FEDERAL LEASES ACT. 

16 Section 2(6) of the Secure Federal LEASEs Act 

17 (Public Law 116–276; 40 U.S.C. 585 note) is amended 

18 by inserting ‘‘and the Department of State’’ after ‘‘the 

19 Department of Defense’’. 

20 TITLE III—PERSONNEL 

21 POLICIES 

22 SEC. 301. MODERNIZATION OF TIMEKEEPING PROCESS. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Comptroller for the Department of 

25 State shall develop and begin implementing a plan to modVerDate Sep 11 2014 19:19 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820

ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 3820 IS

1 ernize and automate the Diplomatic Service special agent 

2 time and attendance timekeeping process. 

3 SEC. 302. AVAILABILITY FOR WORK CREDIT FOR PURPOSES 

4 OF CALCULATING UNSCHEDULED DUTY 

5 HOURS. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Director of the Office of Personnel 

8 Management shall amend section 550.182(a) of title 5, 

9 Code of Federal Regulations, to provide that— 

10 (1) Diplomatic Security special agents are 

11 treated like other criminal investigators for the pur12 pose of calculating availability pay; and 

13 (2) unscheduled duty hours include hours dur14 ing which a Diplomatic Security special agent is de15 termined by the Department of State to be available 

16 for work. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS