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f. Omnibus Diplomatic Security and Antiterrorism Act of 1986

Partial text of Public Law 99-399 (H.R. 4151], 100 Stat. 853, approved August 27, 1986, as amended by Public Law 99-529 [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 3010, approved October 24, 1986; by Public Law 100-204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777), 101 Stat. 1331, approved December 22, 1987; Public Law 100-202 [Continuing Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; Public Law 100-461 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989; H.R. 4637), 102 Stat. 2268, approved October 1. 1988; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991

AN ACT To provide enhanced diplomatic security and combat international terrorism, 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 "Omnibus Diplomatic Security and Antiterrorism Act of 1986".

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents..

TITLE I-DIPLOMATIC SECURITY

Sec. 101. Short title

Sec. 102. Findings and purposes....

Sec. 103. Responsibility of the Secretary of State..
Sec. 104. Bureau of Diplomatic Security.

Sec. 105. Responsibilities of the Assistant Secretary for Diplomatic Security...
Sec. 106. Cooperation of other Federal agencies..
Sec. 107. Protection of foreign consulates.

TITLE II-DIPLOMATIC SECURITY SERVICE

Sec. 201. Establishment of Diplomatic Security Service.
Sec. 202. Director of Diplomatic Security Service.
Sec. 203. Positions in the Diplomatic Security Service..

TITLE III-PERFORMANCE AND ACCOUNTABILITY

Sec. 301. Accountability review...

Sec. 302. Accountability Review Board.

Sec. 303. Procedures.

Sec. 304. Findings and recommendations by a Board.
Sec. 305. Relation to other proceedings.

TITLE IV-DIPLOMATIC SECURITY PROGRAM

Sec. 401. Authorization .....
Sec. 402. Diplomatic construction program

122 U.S.C. 4801 note.

Page

632

632

634

634

639 639 639

640 640

641

642

643

644 646

Sec. 403. Security requirements for contractors

647

Sec. 404. Qualifications of persons hired for the diplomatic construction program.

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Sec. 408. Training to improve perimeter security at United States diplomatic missions aboard.....

658

Sec. 409. Protection of public entrances of United States diplomatic missions abroad.

649

Sec. 410. Certain protective functions.....

649

Sec. 411. Reimbursement of the Department of the Treasury.

649

Sec. 412. Inspector General for the United States Information Agency
Sec. 413. Inspector General for the Department of State.

649

649

Sec. 414. Prohibition on the use of funds for facilities in Israel, Jerusalem, or the West Bank

650

Sec. 415. Use of cleared personnel to ensure secure maintenance and repair of diplomatic facilities abroad..

650

TITLE V-STATE DEPARTMENT AUTHORITIES TO COMBAT
INTERNATIONAL TERRORISM

651

Sec. 501. Rewards for international terrorists.

Sec. 502. Rewards for information relating to international narcoterrorism and drug trafficking [amends other legislation]

Sec. 503. Coordination of terrorism-related assistance [amends other legislation]

Sec. 504. Counterterrorism Protection Fund [amends other legislation]
Sec. 505. Terrorism-related travel advisories

651

Sec. 506. Authority to control certain terrorism-related services [amends other legislation]

Sec. 507. Management of antiterrorism assistance programs [amends other legislation]

Sec. 508. Nonlethal airport security equipment and commodities for Egypt.... Sec. 509. Exports to countries supporting acts of international terrorism [amends other legislation]

TITLE VI-INTERNATIONAL NUCLEAR TERRORISM

Sec. 601. Actions to combat international nuclear terrorism
Sec. 602. Authority to suspend nuclear cooperation with nations which have
not ratified the Convention on the Physical Protection of Nuclear Material
[amends other legislation]

651

652

Sec. 603. Consultation with the Department of Defense concerning certain nuclear exports and subsequent arrangements [amends other legislation] Sec. 604. Review of physicial security standards....

653

Sec. 605. International review of nuclear terrorism problem

653

Sec. 606. Criminal history record checks [amends other legislation]

TITLE VII-MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL

TERRORISM

Sec. 701. International Antiterrorism Committee....

653

Sec. 702. International arrangement relating to passports and visas
Sec. 703. Protection of Americans endangered by the appearance of their
place of birth on their passports

654

654

Sec. 704. Use of diplomatic privileges and immunities for terrorism purposes
Sec. 705. Reports on progress in increasing multilateral cooperation.......

654

654

TITLE VIII-VICTIMS OF TERRORISM COMPENSATION

Sec. 801. Short title

654

Sec. 802. Payment to individuals held in captive status between November 4, 1979, and January 21, 1981.

654

Sec. 803. Benefits for captives and other victims of hostile action

655

Sec. 804. Retention of leave by alien employees following injury from hostile action abroad....

659

Sec. 805. Transition provisions..

659

Sec. 806. Benefits for members of uniformed services who are victims of hostile action...

660

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Sec. 902. International measures for seaport and shipboard security....
Sec. 903. Measures to prevent unlawful acts against passengers and crews
on board ships.

666

666

Sec. 904. Panama Canal security..

667

Sec. 905. Threat of terrorism to United States ports and vessels..

667

Sec. 906. Port, harbor, and coastal facility security.

667

Sec. 907. Security standards at foreign ports.

668

Sec. 908. Travel advisories concerning security at foreign ports...................................................

668

Sec. 909. Suspension of passengers services.....

669

Sec. 910. Sanctions for the seizure of vessels by terrorists.

669

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TITLE X-FASCELL FELLOWSHIP PROGRAM [See page 946]

TITLE XI-SECURITY AT MILITARY BASES ABROAD

Sec. 1101. Findings

Sec. 1102. Recommended actions by the Secretary of Defense
Sec. 1103. Report to the Congress.....

670 671

671

TITLE XII—CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM Sec. 1201. Encouragement for negotiation of a convention

671

Sec. 1202. Extraterritorial criminal jurisdiction over terrorist conduct

672

TITLE XIII-MISCELLANEOUS PROVISIONS

Sec. 1301. Peace Corps authorization of appropriations [amends other legislation]

Sec. 1302. Demonstrations at embassies in the District of Columbia.
Sec. 1303. Kurt Waldheim's retirement allowance......

672

672

Sec. 1304. Eradication of Amblyomma Variegatum [amends other legislation]

Sec. 1305. Strengthen foreign language skills..........

673

Sec. 1306. Forfeiture of proceeds derived from espionage activities.

673

Sec. 1307. Expression of support of activities of the United States Telecommunications Training Institute.

674

Sec. 1308. Policy toward Afghanistan.

674

TITLE I-DIPLOMATIC SECURITY

SEC. 101. SHORT TITLE.

Titles I through IV of this Act may be cited as the "Diplomatic Security Act".

SEC. 102.2 FINDINGS AND PURPOSES.

(a) FINDINGS.-The Congress finds and declares that

(1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad;

(2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and

(3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel

* 22 U.S.C. 4801.

and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities.

(b) PURPOSES.-The purposes of titles I through IV are—

(1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad;

(2) to provide for an Assistant Secretary of State to head the Bureau of Diplomatic Security of the Department of State, and to set forth certain provisions relating to the Diplomatic Security Service of the Department of State;

(3) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs;

(4) to promote strengthened security measures and to provide for the accountability of United States Government personnel with security-related responsibilities; 3

(5) 3 to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United states citizens when their lives are endangered by war, civil unrest, or natural disaster; and

(6) 3 to provide authorization of appropriations for the Department of State to carry out its responsibilities in the area of security and counterterrorism, and in particular to finance the acquisition and improvements of United States Government missions abroad, including real property, buildings, facilities, and communications, information, and security systems. SEC. 103. RESPONSIBILITY OF THE SECRETARY OF STATE

(a) SECURITY FUNCTIONS.-The Secretary of State shall develop and implement (in consultation with the heads of other Federal agencies having personnel or missions abroad where appropriate and within the scope of the resources made available) policies and programs, including funding levels and standards, to provide for the security of United States Government operations of a diplomatic nature and foreign government operations of a diplomatic nature in the United States. Such policies and programs shall include— (1) protection of all United States Government personnel on official duty abroad (other than those personnel under the command of a United States area military commander) and their accompanying dependents;

(2) establishment and operation of security functions at all United States Government missions abroad (other than facilities or installations subject to the control of a United States area military commander);

(3) establishment and operation of security functions at all Department of State facilities in the United States; and

3 Sec. 115(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 2), struck out "and" at the end of par. (4); redesignated par. (5) as (6); and added a new par. (5).

22 U.S.C. 4802. Sec. 302 of the Department of State Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207) provided the following:

"The Secretary of State shall report to the appropriate committees of the Congress on the obligation of funds provided for diplomatic security and related expenses every month.".

(4) protection of foreign missions, international organizations, and foreign officials and other foreign persons in the United States, as authorized by law.

(b) 5 OVERSEAS EVACUATIONS.-The Secretary of State shall develop and implement policies and programs to provide for the safe and efficient evacuation of United States Government personnel, dependents, and private United States citizens when their lives are endangered. Such policies shall include measures to identify high risk areas where evacuation may be necessary and, where appropriate, providing staff to United States Government missions abroad to assist in those evacuations. In carrying out these responsibilities, the Secretary shall

(1) develop a model contingency plan for evacuation of personnel, dependents, and United States citizens from foreign countries;

(2) develop a mechanism whereby United States citizens can voluntarily request to be placed on a list in order to be contacted in the event of an evacuation, or which, in the event of an evacuation, can maintain information on the location of United States citizens in high risk areas submitted by their relatives;

(3) assess the transportation and communications resources in the area being evacuated and determine the logistic support needed for the evacuation; and

(4) develop a plan for coordinating communications between embassy staff, Department of State personnel, and families of United States citizens abroad regarding the whereabouts of those citizens.

(c) 5 OVERSIGHT OF POSTS ABROAD.-The Secretary of State shall

(1) have full responsibility for the coordination of all United States Government personnel assigned to diplomatic or consular posts or other United States missions abroad pursuant to United States Government authorization (except for facilities, installations, or personnel under the command of a United States area military commander);

(2) establish appropriate overseas staffing levels for all such posts or missions for all Federal agencies with activities abroad (except for personnel and activities under the command of a United States area military commander or regional inspector general offices under the jurisdiction of the Inspector General, Agency for International Development).6

5 Sec. 115(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 22), redesignated subsecs. (b) and (c) as (c) and (d), respectively, and added a new subsec. (b).

Sec. 201 of The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268), added text after "commander", and struck out paragraph (3), added by the Foreign_Operations, Export Financing, and Related Programs Appropriations Act, 1988, at this point. Paragraph (3) read as follows:

"(3) establish, notwithstanding any other provision of law, appropriate overseas staffing levels of the Regional Offices of the Inspector General of the Agency for International Development in effective consultation with the Inspector General of the Agency: Provided, That the authority of the Secretary of State shall be exercised only by the Secretary and shall not be delegated to a subordinate officer of the Department of State: Provided further, That the Inspector General must report to the appropriate committees of both Houses of the Congress within thirty days Continued

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