TITLE 22 - US CODE - SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM
22 USC 4851 - Authorization
(a) Diplomatic security program
(1) In general
In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated for fiscal years 1986 and 1987, for the Department of State to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of States Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year for Administration of Foreign Affairs, as follows:
In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated for fiscal years 1986 and 1987, for the Department of State to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of States Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year for Administration of Foreign Affairs, as follows:
(A) For Salaries and Expenses, $308,104,000.
(B) For Acquisition and Maintenance of Buildings Abroad, $857,806,000.
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(C) For Counterterrorism Research and Development, $15,000,000.
(2) Omitted
(3) Repealed. Pub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388
(4) Allocation of amounts authorized to be appropriated
Amounts authorized to be appropriated by this subsection, and by the amendment made by paragraph (2), shall be allocated as provided in the table entitled Diplomatic Security Program relating to this section which appears in the Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986).
Amounts authorized to be appropriated by this subsection, and by the amendment made by paragraph (2), shall be allocated as provided in the table entitled Diplomatic Security Program relating to this section which appears in the Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986).
(b) Notification to authorizing Committees of requests for appropriations
In any fiscal year, whenever the Secretary of State submits to the Congress a request for appropriations to carry out the program described in subsection (a) of this section, the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such request, together with a justification of each item listed in such request.
In any fiscal year, whenever the Secretary of State submits to the Congress a request for appropriations to carry out the program described in subsection (a) of this section, the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such request, together with a justification of each item listed in such request.
(c) Repealed. Pub. L. 103–236, title I, § 122(b), Apr. 30, 1994, 108 Stat. 392
(d) Prohibition on reallocations of authorizations
Section 2696 (d) of this title shall not apply with respect to any amounts authorized to be appropriated under this section.
Section 2696 (d) of this title shall not apply with respect to any amounts authorized to be appropriated under this section.
(e) Security requirements of other foreign affairs agencies
Based solely on security requirements and within the total amount of funds available for security, the Secretary of State shall ensure that an equitable level of funding is provided for the security requirements of other foreign affairs agencies.
Based solely on security requirements and within the total amount of funds available for security, the Secretary of State shall ensure that an equitable level of funding is provided for the security requirements of other foreign affairs agencies.
(f) Insufficiency of funds
In the event that sufficient funds are not available in any fiscal year for all of the diplomatic security construction, acquisition, and operations pursuant to the Department of States Supplemental Diplomatic Security Program, as justified to the Congress for such fiscal year, the Secretary of State shall report to the Congress the effect that the insufficiency of funds will have with respect to the Department of State and each of the other foreign affairs agencies.
In the event that sufficient funds are not available in any fiscal year for all of the diplomatic security construction, acquisition, and operations pursuant to the Department of States Supplemental Diplomatic Security Program, as justified to the Congress for such fiscal year, the Secretary of State shall report to the Congress the effect that the insufficiency of funds will have with respect to the Department of State and each of the other foreign affairs agencies.
(g) Allocation of funds for certain security programs
Of the amount of funds authorized to be appropriated by subsection (a)(1)(A) of this section, $34,537,000 shall be available to the Secretary of State only for the protection of classified office equipment, the expansion of information systems security, and the hiring of American systems managers and operators for computers at high threat locations.
Of the amount of funds authorized to be appropriated by subsection (a)(1)(A) of this section, $34,537,000 shall be available to the Secretary of State only for the protection of classified office equipment, the expansion of information systems security, and the hiring of American systems managers and operators for computers at high threat locations.
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(h) Furniture, furnishings, and equipment
(1) Use of existing furniture, furnishings, and equipment
If physically possible, facilities constructed or acquired pursuant to subsection (a) of this section shall be furnished and equipped with the furniture, furnishings, and equipment that were being used in the facilities being replaced, rather than with newly acquired furniture, furnishings, and equipment.
If physically possible, facilities constructed or acquired pursuant to subsection (a) of this section shall be furnished and equipped with the furniture, furnishings, and equipment that were being used in the facilities being replaced, rather than with newly acquired furniture, furnishings, and equipment.
(2) Omitted
(3) Repealed. Pub. L. 103–236, title I, § 122(b), Apr. 30, 1994, 108 Stat. 392
22 USC 4852 - Diplomatic construction program
(a) Preference for United States contractors
Notwithstanding section 302 of this title, and where adequate competition exists, only United States persons and qualified United States joint venture persons may
Notwithstanding section 302 of this title, and where adequate competition exists, only United States persons and qualified United States joint venture persons may
(1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $10,000,000; and
(2) bid on a diplomatic construction or design project which involves technical security, unless the project involves low-level technology, as determined by the Secretary of State.
(b) Exception
Subsection (a) of this section shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the Foreign Missions Act).
Subsection (a) of this section shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the Foreign Missions Act).
(c) Definitions
For the purposes of this section
For the purposes of this section
(1) the term adequate competition means with respect to a construction or design project, the presence of two or more qualified bidders submitting responsive bids for that project;
(2) the term United States person means a person which
(A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United States
(i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1) of this section; and
(ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection (a)(2) of this section;
(D) has performed within the United States or at a United States diplomatic or consular establishment abroad administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid;
(E) with respect to a construction project under subsection (a)(1) of this section, has achieved total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C)(i);
(F)
(i) employs United States citizens in at least 80 percent of its principal management positions in the United States,
(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States, and
(iii) will employ United States citizens in at least 80 percent of the supervisory positions on the foreign buildings office project site; and
(G) has the existing technical and financial resources in the United States to perform the contract; and
(3) the term qualified United States joint venture person means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture.
(d) American minority contractors
Not less than 10 percent of the amount appropriated pursuant to section 4851 (a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors.
Not less than 10 percent of the amount appropriated pursuant to section 4851 (a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors.
(e) American small business contractors
Not less than 10 percent of the amount appropriated pursuant to section 4851 (a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors.
Not less than 10 percent of the amount appropriated pursuant to section 4851 (a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors.
(f) Limitation on subcontracting
With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
22 USC 4853 - Security requirements for contractors
Not later than 90 days after August 27, 1986, the Secretary of State shall issue regulations to
(1) strengthen the security procedures applicable to contractors and subcontractors involved in any way with any diplomatic construction or design project; and
(2) permit a contractor or subcontractor to have access to any design or blueprint relating to such a project only in accordance with those procedures.
22 USC 4854 - Qualifications of persons hired for diplomatic construction program
In carrying out the diplomatic construction program referred to in section 4851 (a) of this title, the Secretary of State shall employ as professional staff (by appointment, contract, or otherwise) only those persons with a demonstrated specialized background in the fields of construction, construction law, or contract management. In filling such positions, the Secretary shall actively recruit women and members of minority groups.
22 USC 4855 - Cost overruns
Any amount required to complete any capital project described in the Department of States Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year, which is in excess of the amount made available for that project pursuant to section 4851 (a)(1) or (3)1 shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.
[1] See References in Text note below.
22 USC 4856 - Efficiency in contracting
(a) Bonuses and penalties
The Director of the Office of Foreign Buildings shall provide for a contract system of bonuses and penalties for the diplomatic construction program funded pursuant to the authorizations of appropriations provided in this subchapter. Not later than 3 months after August 27, 1986, the Director shall submit a report to the Congress on the implementation of this section.
The Director of the Office of Foreign Buildings shall provide for a contract system of bonuses and penalties for the diplomatic construction program funded pursuant to the authorizations of appropriations provided in this subchapter. Not later than 3 months after August 27, 1986, the Director shall submit a report to the Congress on the implementation of this section.
(b) Surety bonds and guarantees
The Director of the Office of Foreign Buildings shall require each person awarded a contract for work under the diplomatic construction program to post a surety bond or guarantee, in such amount as the Director may determine, to assure performance under such contract.
The Director of the Office of Foreign Buildings shall require each person awarded a contract for work under the diplomatic construction program to post a surety bond or guarantee, in such amount as the Director may determine, to assure performance under such contract.
22 USC 4857 - Advisory Panel on Overseas Security
Not later than 90 days after August 27, 1986, the Secretary of State shall submit a report to the Congress on the implementation of the 91 recommendations contained in the final report of the Advisory Panel on Overseas Security. If any such recommendation has been rejected, the Secretary shall provide the reasons why that recommendation was rejected.
22 USC 4858 - Training to improve perimeter security at United States diplomatic missions abroad
(a) Training
It is the sense of Congress that the President should use the authority under chapter 8 of title II of the Foreign Assistance Act of 1961 [22 U.S.C. 2349aa et seq.] (relating to antiterrorism assistance) to improve perimeter security of United States diplomatic missions abroad.
It is the sense of Congress that the President should use the authority under chapter 8 of title II of the Foreign Assistance Act of 1961 [22 U.S.C. 2349aa et seq.] (relating to antiterrorism assistance) to improve perimeter security of United States diplomatic missions abroad.
(b) Repealed. Pub. L. 103–236, title I, § 139(20), Apr. 30, 1994, 108 Stat. 398; Pub. L. 103–415, § 1(c), Oct. 25, 1994, 108 Stat. 4299
22 USC 4859 - Protection of public entrances of United States diplomatic missions abroad
The Secretary of State shall install and maintain a walk-through metal detector or other advanced screening system at public entrances of each United States diplomatic mission abroad.
22 USC 4860 - Reimbursement of Department of the Treasury
The Secretary of State shall reimburse the appropriate appropriations account of the Department of the Treasury out of funds appropriated pursuant to section 4851 (a)(1) of this title for the actual costs incurred by the United States Secret Service, as agreed to by the Secretary of the Treasury, for providing protection for the spouses of foreign heads of state during fiscal years 1986 and 1987.
22 USC 4861 - Inspector General for Department of State
(a) Direction to establish
The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office.
The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office.
(b) Duties and responsibilities
The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibilities, and to exercise the authorities, stated in section 3929 of this title and in the Inspector General Act of 1978.
The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibilities, and to exercise the authorities, stated in section 3929 of this title and in the Inspector General Act of 1978.
(c) Earmark
Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading Administration of Foreign Affairs, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State.
Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading Administration of Foreign Affairs, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State.
(d) Limitation on appointment
No career member of the Foreign Service, as defined by section 3903 of this title, may be appointed Inspector General of the Department of State.
No career member of the Foreign Service, as defined by section 3903 of this title, may be appointed Inspector General of the Department of State.
22 USC 4862 - Prohibition on use of funds for facilities in Israel, Jerusalem, or West Bank
None of the funds authorized to be appropriated by this Act may be obligated or expended for site acquisition, development, or construction of any facility in Israel, Jerusalem, or the West Bank.
22 USC 4863 - Use of cleared personnel to ensure secure maintenance and repair of diplomatic facilities abroad
(a) Policies and regulations
The Secretary of State shall develop and implement policies and regulations to provide for the use of persons who have been granted an appropriate United States security clearance to ensure that the security of areas intended for the storage of classified materials or the conduct of classified activities in a United States diplomatic mission or consular post abroad is not compromised in the performance of maintenance and repair services in those areas.
The Secretary of State shall develop and implement policies and regulations to provide for the use of persons who have been granted an appropriate United States security clearance to ensure that the security of areas intended for the storage of classified materials or the conduct of classified activities in a United States diplomatic mission or consular post abroad is not compromised in the performance of maintenance and repair services in those areas.
(b) Study and report
The Secretary of State shall conduct a study of the feasibility and necessity of requiring that, in the case of certain United States diplomatic facilities abroad, no contractor shall be hired to perform maintenance or repair services in an area intended for the storage of classified materials or the conduct of classified activities unless such contractor has been granted an appropriate United States security clearance. Such study shall include, but is not limited to, United States facilities located in Cairo, New Delhi, Riyadh, and Tokyo. Not later than 180 days after February 16, 1990, the Secretary of State shall report the results of such study to the Chairman of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
The Secretary of State shall conduct a study of the feasibility and necessity of requiring that, in the case of certain United States diplomatic facilities abroad, no contractor shall be hired to perform maintenance or repair services in an area intended for the storage of classified materials or the conduct of classified activities unless such contractor has been granted an appropriate United States security clearance. Such study shall include, but is not limited to, United States facilities located in Cairo, New Delhi, Riyadh, and Tokyo. Not later than 180 days after February 16, 1990, the Secretary of State shall report the results of such study to the Chairman of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
22 USC 4864 - Increased participation of United States contractors in local guard contracts abroad under diplomatic security program
(a) Findings
The Congress makes the following findings:
The Congress makes the following findings:
(1) State Department policy concerning the advertising of security contracts at Foreign Service buildings has been inconsistent over the years. In many cases, diplomatic and consular posts abroad have been given the responsibility to determine the manner in which the private sector was notified concerning an invitation for bids or a request for proposals with respect to a local guard contract. Some United States foreign missions have only chosen to advertise locally the availability of a local security guard contract abroad.
(2) As a result, many United States security firms that provide local guard services abroad have been unaware that local guard contracts were available for bidding abroad and such firms have been disadvantaged as a result.
(3) Undoubtedly, United States security firms would be interested in bidding on more local guard contracts abroad if such firms knew of the opportunity to bid on such contracts.
(b) Objective
It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplomatic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings.
It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplomatic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings.
(c) Participation of United States contractors in local guard contracts abroad
With respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after February 16, 1990, the Secretary of State shall
With respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after February 16, 1990, the Secretary of State shall
(1) establish procedures to ensure that all solicitations for such contracts are adequately advertised in the Commerce and Business Daily;
(2) absent compelling reasons, award such contracts through the competitive process;
(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest evaluated price, except that proposals of United States persons and qualified United States joint venture persons (as defined in subsection (d) of this section) shall be evaluated by reducing the bid price by 10 percent;
(4) in countries where contract denomination and/or payment in local currencies constitutes a barrier to competition by United States firms
(A) allow solicitations to be bid in United States dollars; and
(B) allow contracts awarded to United States firms to be paid in United States dollars;
(5) ensure that United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits; and
(6) establish procedures to ensure that appropriate measures are taken by diplomatic and consular post management to assure that United States persons and qualified United States joint venture persons are not disadvantaged during the solicitation and bid evaluation process.
(d) Definitions
For the purposes of this section
For the purposes of this section
(1) the term United States person means a person which
(A) is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United States for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c) of this section;
(D) has performed within the United States or overseas security services similar in complexity to the contract being bid;
(E) with respect to the contract under subsection (c) of this section, has achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C);
(F)
(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; and
(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and
(G) has the existing technical and financial resources in the United States to perform the contract;
(2) the term qualified United States joint venture person means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture;
(3) the term Foreign Service building means any building or grounds of the United States which is in a foreign country and is under the jurisdiction and control of the Secretary of State, including residences of United States personnel assigned overseas under the authority of the Ambassador; and
(4) the term barrier to local competition means
(A) conditions of extreme currency volatility;
(B) restrictions on repatriation of profits;
(C) multiple exchange rates which significantly disadvantage United States firms;
(D) government restrictions inhibiting the free convertibility of foreign exchange; or
(E) conditions of extreme local political instability.
(e) United States minority contractors
Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) of this section shall be allocated to the extent practicable for contracts with United States minority small business contractors.
Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) of this section shall be allocated to the extent practicable for contracts with United States minority small business contractors.
(f) United States small business contractors
Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) of this section shall be allocated to the extent practicable for contracts with United States small business contractors.
Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) of this section shall be allocated to the extent practicable for contracts with United States small business contractors.
(g) Limitation of subcontracting
With respect to local guard contracts subject to subsection (c) of this section, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
With respect to local guard contracts subject to subsection (c) of this section, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
22 USC 4865 - Security requirements for United States diplomatic facilities
(a) In general
The following security requirements shall apply with respect to United States diplomatic facilities and specified personnel:
The following security requirements shall apply with respect to United States diplomatic facilities and specified personnel:
(1) Threat assessment
(A) Emergency Action Plan
The Emergency Action Plan (EAP) of each United States mission shall address the threat of large explosive attacks from vehicles and the safety of employees during such an explosive attack. Such plan shall be reviewed and updated annually.
The Emergency Action Plan (EAP) of each United States mission shall address the threat of large explosive attacks from vehicles and the safety of employees during such an explosive attack. Such plan shall be reviewed and updated annually.
(B) Security Environment Threat List
The Security Environment Threat List shall contain a section that addresses potential acts of international terrorism against United States diplomatic facilities based on threat identification criteria that emphasize the threat of transnational terrorism and include the local security environment, host government support, and other relevant factors such as cultural realities. Such plan shall be reviewed and updated every six months.
The Security Environment Threat List shall contain a section that addresses potential acts of international terrorism against United States diplomatic facilities based on threat identification criteria that emphasize the threat of transnational terrorism and include the local security environment, host government support, and other relevant factors such as cultural realities. Such plan shall be reviewed and updated every six months.
(2) Site selection
(A) In general
In selecting a site for any new United States diplomatic facility abroad, the Secretary shall ensure that all United States Government personnel at the post (except those under the command of an area military commander) will be located on the site.
In selecting a site for any new United States diplomatic facility abroad, the Secretary shall ensure that all United States Government personnel at the post (except those under the command of an area military commander) will be located on the site.
(B) Waiver authority
(i) In general Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, together with the head of each agency employing personnel that would not be located at the site, determine that security considerations permit and it is in the national interest of the United States.
(ii) Chancery or consulate building
(I) Authority not delegable The Secretary may not delegate the waiver authority under clause (i) with respect to a chancery or consulate building.
(II) Congressional notification Not less than 15 days prior to implementing the waiver authority under clause (i) with respect to a chancery or consulate building, the Secretary shall notify the appropriate congressional committees in writing of the waiver and the reasons for the determination.
(iii) Report to Congress The Secretary shall submit to the appropriate congressional committees an annual report of all waivers under this subparagraph.
(3) Perimeter distance
(A) Requirement
Each newly acquired United States diplomatic facility shall be sited not less than 100 feet from the perimeter of the property on which the facility is to be situated.
Each newly acquired United States diplomatic facility shall be sited not less than 100 feet from the perimeter of the property on which the facility is to be situated.
(B) Waiver authority
(i) In general Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary determines that security considerations permit and it is in the national interest of the United States.
(ii) Chancery or consulate building
(I) Authority not delegable The Secretary may not delegate the waiver authority under clause (i) with respect to a chancery or consulate building.
(II) Congressional notification Not less than 15 days prior to implementing the waiver authority under subparagraph (A) with respect to a chancery or consulate building, the Secretary shall notify the appropriate congressional committees in writing of the waiver and the reasons for the determination.
(iii) Report to Congress The Secretary shall submit to the appropriate congressional committees an annual report of all waivers under this subparagraph.
(4) Crisis management training
(A) Training of headquarters staff
The appropriate personnel of the Department of State headquarters staff shall undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities for the purpose of bringing about a rapid response to such incidents from Department of State headquarters in Washington, D.C.
The appropriate personnel of the Department of State headquarters staff shall undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities for the purpose of bringing about a rapid response to such incidents from Department of State headquarters in Washington, D.C.
(B) Training of personnel abroad
A program of appropriate instruction in crisis management shall be provided to personnel at United States diplomatic facilities abroad at least on an annual basis.
A program of appropriate instruction in crisis management shall be provided to personnel at United States diplomatic facilities abroad at least on an annual basis.
(5) Diplomatic security training
Not later than six months after November 29, 1999, the Secretary of State shall
Not later than six months after November 29, 1999, the Secretary of State shall
(A) develop annual physical fitness standards for all diplomatic security agents to ensure that the agents are prepared to carry out all of their official responsibilities; and
(B) provide for an independent evaluation by an outside entity of the overall adequacy of current new agent, in-service, and management training programs to prepare agents to carry out the full scope of diplomatic security responsibilities, including preventing attacks on United States personnel and facilities.
(6) State Department support
(A) Foreign Emergency Support Team
The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including
The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including
(i) conducting routine training exercises of the FEST;
(ii) providing personnel identified to serve on the FEST as a collateral duty;
(iii) providing personnel to assist in activities such as security, medical relief, public affairs, engineering, and building safety; and
(iv) providing such additional support as may be necessary to enable the FEST to provide support in a post-crisis environment involving mass casualties and physical damage.
(B) FEST aircraft
(i) Replacement aircraft The President shall develop a plan to replace on a priority basis the current FEST aircraft funded by the Department of Defense with a dedicated, capable, and reliable replacement aircraft and backup aircraft to be operated and maintained by the Department of Defense.
(ii) Report Not later than 60 days after November 29, 1999, the President shall submit a report to the appropriate congressional committees describing the aircraft selected pursuant to clause (i) and the arrangements for the funding, operation, and maintenance of such aircraft.
(iii) Authority to lease aircraft to respond to a terrorist attack abroad Subject to the availability of appropriations, when the Attorney General of the Department of Justice exercises the Attorney Generals authority to lease commercial aircraft to transport equipment and personnel in response to a terrorist attack abroad if there have been reasonable efforts to obtain appropriate Department of Defense aircraft and such aircraft are unavailable, the Attorney General shall have the authority to obtain indemnification insurance or guarantees if necessary and appropriate.
(7) Rapid response procedures
The Secretary of State shall enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to United States diplomatic facilities.
The Secretary of State shall enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to United States diplomatic facilities.
(8) Storage of emergency equipment and records
All United States diplomatic facilities shall have emergency equipment and records required in case of an emergency situation stored at an off-site facility.
All United States diplomatic facilities shall have emergency equipment and records required in case of an emergency situation stored at an off-site facility.
(b) Statutory construction
Nothing in this section alters or amends existing security requirements not addressed by this section.
Nothing in this section alters or amends existing security requirements not addressed by this section.