S.Amdt. 6366

1. Adds SEC. 1276. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS at the end of subtitle F of title XII

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

   Inserted: SEC. 1276. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

   Inserted: Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to read as follows:

   Inserted: "SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

   Inserted: "(a) Investigation Process.--

   Inserted: "(1) Initiation upon reported incident.--A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated.

   Inserted: "(2) Investigation.--Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover--

   Inserted: "(A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed;

   Inserted: "(B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident;

   Inserted: "(C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and

   Inserted: "(D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident.

   Inserted: "(3) Investigative team.--The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary's designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome.

   Inserted: "(b) Investigation Procedures.--

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   Inserted: "(1) Procedures with respect to federal employees and contractors.--

   Inserted: "(A) Authorized actions.--With respect to any individual described in subparagraph (C), an investigative team conducting an investigation pursuant to subsection (a)(2) may--

   Inserted: "(i) administer oaths and affirmations;

   Inserted: "(ii) require that depositions be given and interrogatories answered; and

   Inserted: "(iii) require the attendance and presentation of testimony and evidence by such individual.

   Inserted: "(B) Failure to comply.--Failure of an individual described in subparagraph (C) to comply with a request of an investigative team under subparagraph (A) shall be grounds for disciplinary action by the head of the Federal agency in which such individual is employed or serves, or in the case of a contractor, debarment.

   Inserted: "(C) Federal employees and contractors.--The individuals described in this paragraph are--

   Inserted: "(i) employees (as defined in section 2105 of title 5, United States Code);

   Inserted: "(ii) members of the Foreign Service;

   Inserted: "(iii) members of the uniformed services (as defined in section 101(3) of title 37, United States Code);

   Inserted: "(iv) employees of instrumentalities of the United States; and

   Inserted: "(v) individuals employed by any person or entity under contract with agencies or instrumentalities of the United States Government to provide services, equipment, or personnel.

   Inserted: "(2) Procedures with respect to other persons.--With respect to a person who is not described in subparagraph (1)(C), an investigative team conducting an investigation pursuant to subsection (a)(2) may--

   Inserted: "(A) administer oaths and affirmations; and

   Inserted: "(B) require that depositions be given and interrogatories answered.

   Inserted: "(3) Subpoenas.--

   Inserted: "(A) In general.--An investigative team may issue a subpoena for the attendance and testimony of any person (other than an individual described in clause (i), (ii), (iii), or (iv) of paragraph (1)(C)) and the production of documentary or other evidence from any such person if the investigative team finds that such a subpoena is necessary in the interests of justice for the development of relevant evidence.

   Inserted: "(B) Refusal to comply.--In the case of contumacy or refusal to obey a subpoena issued under this subparagraph, a court of the United States within the jurisdiction of which a person is directed to appear or produce information, or within the jurisdiction of which the person is found, resides, or transacts business, may upon application of the Attorney General, issue to such person an order requiring such person to appear before the investigative team to give testimony or produce information as required by the subpoena.

   Inserted: "(C) Witness fees.--Subpoenaed witnesses shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States.

   Inserted: "(c) Report of Investigation.--Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes--

   Inserted: "(1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings;

   Inserted: "(2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and

   Inserted: "(3) a review of security procedures and directives in place at the time of the incident.

   Inserted: "(d) Confidentiality.--The investigative team investigating a Serious Security Incident 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 in 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 required under subsection (c). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(d), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.

   Inserted: "(e) Status of an Investigative Team.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section 552b of title 5, United States Code, (relating to open meetings) shall not apply to any investigative team assembled pursuant to subsection (a)(2).".

   Original wording

   At the end of subtitle F of title XII, add the following:

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As printed