,,ii #aagth ,,congress #ast ,session ,s4 #ffi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj1 #bjba,mr4 ,murphy introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide for the appropriate balance of empowering diplomats to pursue vital diplomatic goals and mitigating security risks at ,united ,states diplomatic posts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,expeditionary ,diplomacy ,act of #bjba4 #b4 ,findings ,congress makes the following findings3 7#a7 ,a robust overseas diplomatic presence is the sine qua non of an effective foreign policy1 particularly in unstable environments where a flexible and timely diplomatic response can be decisive in preventing and addressing violent conflict4 7#b7 ,diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they increasingly face threats related to international terrorism1 violent conflict1 and public health1 among others4 7#c7 ,the ,department of ,state has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity1 often in insecure and remote places and facing a variety of evolving risks and threats1 from terrorism to sonic attacks4 ,with support from ,congress1 the ,department of ,state has revised policy1 improved physical security through retrofitting and replacing old facilities1 deployed additional security personnel and armored vehicles1 and greatly enhanced training requirements and facilities1 including the new ,foreign ,affairs ,security ,training ,center in ,blackstone1 ,virginia4 7#d7 ,however1 there is broad consensus that the pendulum has swung too far toward eliminating risk1 excessively inhibiting diplomatic activity2 instead of protecting diplomats that authorize calculated risks1 human psychology combined with ,department of ,state policy incentivize extending embassy closures1 reducing footprints1 and postponing or denying travel requests4 7#e7 ,congress must accept responsibility for its part in perpetuating a risk-averse culture1 as its oversight too often promotes the myth that all security incidents are avoidable and appears more focused on finding scapegoats than improving policy2 the ,accountability ,review ,board requirement in the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhja et seq47 particularly furthers this perception4 7#f7 ,the impact of reduced diplomatic engagement is both difficult to distill and undeniable2 while the cost of an embassy closure or cancelled meeting is hard to measure1 diplomatic missions rely on robust staffing and ambitious external engagement to advance ,united ,states interests as diverse as fighting terrorism and transnational organized crime1 preventing and addressing violent conflict and humanitarian disasters1 promoting ,united ,states businesses and trade1 protecting the rights of marginalized groups1 addressing climate change1 and preventing pandemic disease4 7#g7 ,despite the fact that ,congress currently provides annual appropriations in excess of #a1ijj1jjj1jjj for embassy security1 construction1 and maintenance1 the ,department of ,state is unable to fully transform this considerable investment into true overseas presence given excessive restrictions that inhibit the ability of diplomats to-- 7,a7 meet with foreign leaders to explain1 defend1 and advance ,united ,states priorities2 7,b7 understand and report on foreign political1 social1 and economic conditions2 7,c7 provide ,united ,states citizen services that are often a matter of life and death in insecure places2 and 7,d7 collaborate and1 at times1 compete with other diplomatic missions4 7#h7 ,such restrictions present a clear and present danger to the core interests of the ,united ,states and contribute to the larger militarization of our national security1 as military and intelligence agencies benefit from fewer security restrictions1 greater risk tolerance1 and less congressional scrutiny in the wake of security incidents4 7#i7 ,given these stakes1 ,congress has a responsibility to empower1 support1 and hold the ,department of ,state accountable for implementing an aggressive presence strategy that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of presence4 #c4 ,encouraging expeditionary diplomacy 7a7 ,purpose ,subsection 7b7 of section #ajb of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhja7;b77 is amended-- 7#a7 by amending paragraph 7#c7 to read as follows3 7#c7 to promote strengthened security measures1 institutionalize a culture of learning1 and1 in the case of apparent gross negligence or breach of duty1 recommend the ,director ,general of the ,foreign ,service investigate accountability for ,united ,states ,government personnel with security-related responsibilities2 2 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 to support a culture of risk management1 instead of risk avoidance1 that enables to ,department of ,state to pursue its vital goals with full knowledge that it is not desirable nor possible for the ,department to avoid all risks2 4 7b7 ,briefings on embassy security ,section #aje7;a7 of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhjd7;a77 is amended-- 7#a7 by striking monthly briefings and inserting quarterly briefings2 and 7#b7 in paragraph 7#a7-- 7,a7 by striking any plans to open or reopen a high risk1 high threat post and inserting progress towards opening or reopening high risk1 high threat posts1 the risk to national security of the continued closure and remaining barriers to doing so2 7,b7 in subparagraph 7,a71 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 closure2 and 7,c7 in subparagraph 7,c71 by inserting the type and level of security threats such post could encounter1 and before security tripwires4 #d4 ,replacement of ,accountability ,review ,board with ,security ,review ,committee 7a7 ,in general ,section #cja of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhca7 is amended-- 7#a7 in the section heading1 by striking ,accountability ,review ,boards and inserting ,security ,review ,committees2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking shall convene an ,accountability ,review ,board 7in this title referred to as the ,board74 ,the ,secretary shall not convene the ,board and inserting shall convene the ,security ,review ,committee 7in this title referred to as the ,,src74 ,the ,secretary shall not convene the ,,src2 7,b7 in paragraph 7#b71 by striking ,board and inserting ,,src2 and 7,c7 in paragraph 7#c77;,a7-- 7i7 in the subparagraph heading1 by striking ,board and inserting ,s,r,cs2 and 7ii7 by striking ,board and inserting ,,src2 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,boards and inserting ,s,r,cs2 and 7,b7 by striking ,board each place it appears and inserting ,,src2 and 7#d7 in subsection 7c71 by striking ,board each place it appears and inserting ,,src4 7b7 ,membership ,section #cjb of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhcb7 is amended-- 7#a7 in the section heading1 by striking ,accountability ,review ,board and inserting ,security ,review ,committee2 7#b7 in subsection 7a7-- 7,a7 by striking ,membership4-- and all that follows through ,chairperson of the ,board4 ,members of the ,board and inserting the following3 8,membership4-- 7#a7 ,in general ,the ,secretary shall determine the composition of the ,,src and designate a ,chairperson4 ,members of the ,,src 2 7,b7 by striking vested in the ,board4 ,members of the ,board and inserting vested in the ,,src4 ,members of the ,,src2 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,regulations ,the ,secretary of ,state shall promulgate regulations defining the membership and operating procedures for the ,,src and provide to the ,chairmen and ranking members of the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives1 in writing1 a description of how the ,,src will be structured with respect to any other standing committees4 2 and 7#c7 in subsection 7b71 by striking ,board each place it appears and inserting ,,src4 7c7 ,technical and conforming amendments ,section #cjc of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhcc7 is amended-- 7#a7 by striking ,board each place it appears and inserting ,,src2 and 7#b7 in the subsection heading for subsection 7d71 by striking boards and inserting ,s,r,cs4 #e4 ,findings and recommendations of ,security ,review ,committee ,section #cjd of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhcd7 is amended-- 7#a7 in the section heading1 by striking a ,board and inserting the ,security ,review ,committee2 7#b7 by striking ,a ,board both places it appears and inserting ,the ,security ,review ,committee2 7#c7 by striking ,board each place it appears and inserting ,security ,review ,committee2 7#d7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting after were adequate the following3 81 in the context of the inherent security risks1 mitigation efforts1 and what was known at the time of the incident in question1 including-- 7,a7 if the attack was against a diplomatic compound1 motorcade1 residence1 or other mission facility1 whether the security systems1 security countermeasures1 and security procedures operated as intended1 and whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack2 7,b7 if the attack was on any personnel conducting an approved operation outside the mission1 if a valid process was followed in evaluating the requested operation and weighing the risk and diplomatic value of the operation2 and 7,c7 if gross negligence or serious breach of duty by an individual described in section #cjc7;a77#a77;,b7 may have been a factor4 2 7,b7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7,c7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,d7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 the diplomatic value of operations or physical presence relating to the incident in question1 including a counterfactual for the impact of not undertaking the type of operation or physical presence related to the incident2 and 2 7#e7 in subsection 7b71 by inserting and to promote a culture of risk management1 rather than risk avoidance for valuable diplomatic activity after has reviewed2 7#f7 by amending subsection 7c7 to read as follows3 7c7 ,personnel recommendations ,if the ,,src suspects that an individual described in section #cjc7;a77#a77;,b7 has engaged in gross negligence or serious breach of duty1 and such misconduct has significantly contributed to the serious injury1 loss of life1 or significant destruction of property1 or the serious breach of security that is the subject of the ,,src's examination as described in subsection 7a71 the ,,src shall report to the ,director ,general of the ,foreign ,service for any appropriate action4 2 and 7#g7 in subsection 7d7-- 7,a7 by striking ,reports4-- and all that follows through 7#a7 ,program recommendations4--,in any case and inserting ,reports4--,in any case 2 7,b7 by striking ,congress and inserting ,chairmen and ranking members of the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,c7 by striking paragraph 7#b74 #f4 ,reporting requirement ,not later than #aej days after the date of the enactment of this ,act1 the ,secretary of ,state shall provide a report and oral briefing to the ,chairmen and ranking members of the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives on the regulations promulgated under paragraph 7#b7 of section #cjb7;a7 of the ,diplomatic ,security ,act 7#bb ,u4,s4,c4 #dhcb7;a771 as added by section #d7;b77#b77;,c7 of this ,act4