II 118th CONGRESS 2d Session S. 3820 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. 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. 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 ). I Bureau of Diplomatic Security organization and management 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. 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). 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: 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. . 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. II Authorities 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). 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, . 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 . 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. 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; . 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. 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. . 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 . III Personnel policies 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. 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.