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[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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