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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; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108 Stat. 382, approved April 30, 1994; Public Law 103–415 [H.R. 5034), 108 Stat. 4299, approved October 25, 1994

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,1

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:

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TITLE IV-DIPLOMATIC SECURITY PROGRAM

Sec. 401. Authorization

714

Sec. 402. Diplomatic construction program

716

Sec. 403. Security requirements for contractors

718

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

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

719

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

719

Sec. 410. Certain protective functions

719

Sec. 411. Reimbursement of the Department of the Treasury

719

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

719

720

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

720

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

721

TITLE V-STATE DEPARTMENT AUTHORITIES TO COMBAT
INTERNATIONAL TERRORISM

721

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

721

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]

722

722

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 .......

723

Sec. 605. International review of nuclear terrorism problem

723

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

TITLE VII—MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL

TERRORISM

Sec. 701. International Antiterrorism Committee

723

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

724

724

Sec. 704. Use of diplomatic privileges and immunities for terrorism purposes

724

Sec. 705. Reports on progress in increasing multilateral cooperation

724

TITLE VIII—VICTIMS OF TERRORISM COMPENSATION

Sec. 801. Short title...........

724

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

724

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

725

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

729

Sec. 805. Transition provisions

729

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

730

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Sec. 902. International measures for seaport and shipboard security

736

Sec. 903. Measures to prevent unlawful acts against passengers and crews on board ships

737

Sec. 904. Panama Canal security

737

Sec. 905. Threat of terrorism to United States ports and vessels
Sec. 906. Port, harbor, and coastal facility security

737

737

Sec. 907. Security standards at foreign ports

738

Sec. 908. Travel advisories concerning security at foreign ports

738

Sec. 909. Suspension of passengers services

739

Sec. 910. Sanctions for the seizure of vessels by terrorists
Sec. 911. Definitions

739

740

Sec. 912. Authorization of appropriations

Sec. 913. Reports

TITLE X-FASCELL FELLOWSHIP PROGRAM [See page 1036]

740

740

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

740 741

741

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

741

Sec. 1202. Extraterritorial criminal jurisdiction over terrorist conduct

742

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....

742

742

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

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

743

Sec. 1306. Forfeiture of proceeds derived from espionage activities

743

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

744

Sec. 1308. Policy toward Afghanistan

744

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. 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;

222 U.S.C. 4801.

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

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

(4)4 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

(5)4 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. 103.5 RESPONSIBILITY OF THE SECRETARY OF STATE

(a) SECURITY FUNCTIONS.-(1)6 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

(A) 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;

3 Sec. 162(gX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 406), struck out para. (2) and redesignated paras. (3) through (6) as paras. (2) through (5), respectively. Para. (2) had provided:

"(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;".

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). Paras. (5) and (6) were subsequently redesignated as paras. (4) and (5); see above note.

22 U.S.C. 4802.

Sec. 162(gX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 406), inserted para. designated (1)"; redesignated former paras. (1) through (4) as subparas. (A) through (D); and added new para. (2).

(B) 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);

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

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

(2) 6,7 Security responsibilities shall include the following:

(A) FORMER OFFICE OF SECURITY FUNCTIONS.-Functions and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985.

(B) SECURITY AND PROTECTIVE OPERATIONS.—

(i) Establishment and operation 8 of post security and protective functions abroad.

(ii) Development and implementation of communications, computer, and information security.

(iii) Emergency planning.

(iv) Establishment and operation of local guard services abroad.

(v) Supervision of the United States Marine Corps security guard program.

(vi) Liaison with American overseas private sector security interests.

(vii) Protection of foreign missions and international organizations, foreign officials, and diplomatic personnel in the United States, as authorized by law.

(viii) Protection of the Secretary of State and other persons designated by the Secretary of State, as authorized by law.

(ix) Physical protection of Department of State facilities, communications, and computer and information systems in the United States.

(x) Conduct of investigations relating to protection of foreign officials and diplomatic personnel and foreign missions in the United States, suitability for employment, employee security, illegal passport and visa issuance or use, and other investigations, as authorized by law.

(xi) Carrying out the rewards program for information concerning international terrorism authorized by section 36(a) of the State Department Basic Authorities Act of 1956.

(xii) Performance of other security, investigative, and protective matters as authorized by law.

(C) COUNTERTERRORISM PLANNING AND COORDINATION.-Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph.

7The Secretary of State delegated functions authorized under this subsection to the Assistant Secretary for Diplomatic Security (Department of State Public Notice 2086; sec. 8 of Delegation of Authority No. 214; 59 F.R. 50790).

Sec. 1(X4XAXi) of Public Law 103-415 (108 Stat. 4300) struck out “operations” and inserted in lieu thereof "operation".

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