§ 4865. — Security requirements for United States diplomatic facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4865]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 58--DIPLOMATIC SECURITY
SUBCHAPTER IV--DIPLOMATIC SECURITY PROGRAM
Sec. 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:
(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.
(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.
(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.
(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.
(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.
(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.
(5) Diplomatic security training
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--
(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 General's 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.
(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.
(b) Statutory construction
Nothing in this section alters or amends existing security
requirements not addressed by this section.
(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec. 606],
Nov. 29, 1999, 113 Stat. 1536, 1501A-454).
Codification
Section was enacted as part of the Secure Embassy Construction and
Counterterrorism Act of 1999, and also as part of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001, and not as part of the Diplomatic Security Act which
comprises this chapter.
Delegation of Authority
Memorandum of President of the United States, July 17, 2000, 65 F.R.
45511, provided:
Memorandum for the Secretary of Defense
By the authority vested in me by the Constitution and laws of the
United States of America, I hereby delegate to the Secretary of Defense
the responsibility of the President, under section 606 of the Foreign
Relations Authorization Act for Fiscal Years 2000 and 2001 (Public Law
106-113) [22 U.S.C. 4865], to submit the required report to the
Congress.
You are hereby authorized and directed to publish this delegation in
the Federal Register.
William J. Clinton.
Findings
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI,
Sec. 602], Nov. 29, 1999, 113 Stat. 1536, 1501A-451, provided that:
``Congress makes the following findings:
``(1) On August 7, 1998, the United States embassies in Nairobi,
Kenya, and in Dar es Salaam, Tanzania, were destroyed by
simultaneously exploding bombs. The resulting explosions killed 220
persons and injured more than 4,000 others. Twelve Americans and 40
Kenyan and Tanzanian employees of the United States Foreign Service
were killed in the attack.
``(2) The United States personnel in both Dar es Salaam and
Nairobi showed leadership and personal courage in their response to
the attacks. Despite the havoc wreaked upon the embassies, staff in
both embassies provided rapid response in locating and rescuing
victims, providing emergency assistance, and quickly restoring
embassy operations during a crisis.
``(3) The bombs are believed to have been set by individuals
associated with Osama bin Laden, leader of a known transnational
terrorist organization. In February 1998, bin Laden issued a
directive to his followers that called for attacks against United
States interests anywhere in the world.
``(4) Threats continue to be made against United States
diplomatic facilities.
``(5) Accountability Review Boards were convened following the
bombings, as required by Public Law 99-399 [see Tables for
classification], chaired by Admiral William J. Crowe, United States
Navy (Ret.) (in this section referred to as the `Crowe panels').
``(6) The conclusions of the Crowe panels were strikingly
similar to those stated by the Commission chaired by Admiral Bobby
Ray Inman, which issued an extensive embassy security report in
1985.
``(7) The Crowe panels issued a report setting out many problems
with security at United States diplomatic facilities, in particular
the following:
``(A) The United States Government has devoted inadequate
resources to security against terrorist attacks.
``(B) The United States Government places too low a priority
on security concerns.
``(8) The result has been a failure to take adequate steps to
prevent tragedies such as the bombings in Kenya and Tanzania.
``(9) The Crowe panels found that there was an institutional
failure on the part of the Department of State to recognize threats
posed by transnational terrorism and vehicular bombs.
``(10) Responsibility for ensuring adequate resources for
security programs is widely shared throughout the United States
Government, including Congress. Unless the vulnerabilities
identified by the Crowe panels are addressed in a sustained and
financially realistic manner, the lives and safety of United States
employees in diplomatic facilities will continue to be at risk from
further terrorist attacks.
``(11) Although service in the Foreign Service or other United
States Government positions abroad can never be completely without
risk, the United States Government must take all reasonable steps to
minimize security risks.''
Authorizations of Appropriations
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI,
Sec. 604], Nov. 29, 1999, 113 Stat. 1536, 1501A-453, as amended by Pub.
L. 107-228, div. A, title I, Sec. 111(a)(3)(B), Sept. 30, 2002, 116
Stat. 1356, provided that:
``(a) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated by this or any other Act, there
are authorized to be appropriated for `Embassy Security, Construction
and Maintenance'--
``(1) for fiscal year 2000, $900,000,000;
``(2) for fiscal year 2001, $900,000,000;
``(3) for fiscal year 2002, $900,000,000;
``(4) for fiscal year 2003, $1,000,000,000; and
``(5) for fiscal year 2004, $900,000,000.
``(b) Purposes.--Funds made available under the `Embassy Security,
Construction, and Maintenance' account may be used only for the purposes
of--
``(1) the acquisition of United States diplomatic facilities
and, if necessary, any residences or other structures located in
close physical proximity to such facilities, or
``(2) the provision of major security enhancements to United
States diplomatic facilities,
to the extent necessary to bring the United States Government into
compliance with all requirements applicable to the security of United
States diplomatic facilities, including the relevant requirements set
forth in section 606 [22 U.S.C. 4865].
``(c) Availability of Authorizations.--Authorizations of
appropriations under subsection (a) shall remain available until the
appropriations are made.
``(d) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.''
Obligations and Expenditures
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI,
Sec. 605], Nov. 29, 1999, 113 Stat. 1536, 1501A-453, provided that:
``(a) Report and Priority of Obligations.--
``(1) Report.--Not later than February 1 of the year 2000 and
each of the four subsequent years, the Secretary of State shall
submit a classified report to the appropriate congressional
committees identifying each diplomatic facility or each diplomatic
or consular post composed of such facilities that is a priority for
replacement or for any major security enhancement because of its
vulnerability to terrorist attack (by reason of the terrorist threat
and the current condition of the facility). The report shall list
such facilities in groups of 20. The groups shall be ranked in order
from most vulnerable to least vulnerable to such an attack.
``(2) Priority on use of funds.--
``(A) In general.--Except as provided in subparagraph (B),
funds authorized to be appropriated by section 604 [set out as a
note above] for a particular project may be used only for those
facilities which are listed in the first four groups described
in paragraph (1).
``(B) Exception.--Funds authorized to be made available by
section 604 may only be used for facilities which are not in the
first 4 groups described in paragraph (1), if the Congress
authorizes or appropriates funds for such a diplomatic facility
or the Secretary of State notifies the appropriate congressional
committees that such funds will be used for a facility in
accordance with the procedures applicable to a reprogramming of
funds under section 34(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706(a)).
``(b) Prohibition on Transfer of Funds.--None of the funds
authorized to be appropriated by section 604 may be transferred to any
other account.
``(c) Semiannual Reports on Acquisition and Major Security
Upgrades.--On June 1 and December 1 of each year, the Secretary of State
shall submit a report to the appropriate congressional committees on the
embassy construction and security program authorized under this title
[enacting this section, amending section 4831 of this title, and
enacting provisions set out as notes under this section]. The report
shall include--
``(1) obligations and expenditures--
``(A) during the previous two fiscal quarters; and
``(B) since the enactment of this Act [Nov. 29, 1999];
``(2) projected obligations and expenditures for the fiscal year
in which the report is submitted and how these obligations and
expenditures will improve security conditions of specific diplomatic
facilities; and
``(3) the status of ongoing acquisition and major security
enhancement projects, including any significant changes in--
``(A) the budgetary requirements for such projects;
``(B) the schedule of such projects; and
``(C) the scope of the projects.''
Definitions
For definitions of the terms ``Secretary'' and ``appropriate
congressional committees'' used in this section and in section
1000(a)(7) [div. A, title VI, Sec. 605] of Pub. L. 106-113, set out as a
note above, see section 1000(a)(7) [Sec. 3] of Pub. L. 106-113, set out
as a note under section 2651 of this title.
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI,
Sec. 603], Nov. 29, 1999, 113 Stat. 1536, 1501A-452, provided that: ``In
this title [enacting this section, amending section 4831 of this title,
and enacting provisions set out as notes above], the terms `United
States diplomatic facility' and `diplomatic facility' mean any chancery,
consulate, or other office notified to the host government as diplomatic
or consular premises in accordance with the Vienna Conventions on
Diplomatic and Consular Relations, or otherwise subject to a publicly
available bilateral agreement with the host government (contained in the
records of the United States Department of State) that recognizes the
official status of the United States Government personnel present at the
facility.''
