Sec. 6. Serious security incident investigation process
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Section 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 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. 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: 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. 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. 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. An assessment of whether any officials’ or employees’ failure to follow procedures or perform their duties contributed to such incident. The investigative team assembled pursuant to subsection (a)(2) shall— 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 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. 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: A detailed description of the matters set forth in subparagraphs
(A)through
(D)of subsection (a)(2), including all related findings. An accurate account of the casualties, injuries, and damage resulting from the incident that is the subject of the investigation. A review of security procedures and directives in place at the time of such incident. A recommendation, pursuant to subsection (b)(2), regarding whether such incident should be determined to be a serious security incident. 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. In this section and section 304, the term individual means— employees, as such term is defined in section 2105 of title 5 (including members of the Foreign Service); members of the uniformed services, as such term is defined in section 101(3) of title 37; employees of instrumentalities of the United States; and individuals employed by any person or entity under contract with agencies or instrumentalities of the United States Government to provide services, equipment, or personnel. . 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. .
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Sec. 6
Serious security incident investigation process
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