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(D) SECURITY TECHNOLOGY.-Development and implementation of technical and physical security programs, including security-related construction, radio and personnel security communications, armored vehicles, computer and communications security, and research programs necessary to develop such

measures.

(E) DIPLOMATIC COURIER SERVICE.-Management of the diplomatic courier service.

(F) PERSONNEL TRAINING.-Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section.

(G) FOREIGN GOVERNMENT TRAINING.-Management and development of antiterrorism assistance programs to assist foreign_government security training which are administered by the Department of State under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.). (b) 9 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)9 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 Ünited 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

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).

(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). 10

(d)7 FEDERAL AGENCY.-As used in this title and title III, the term "Federal agency" includes any department or agency of the United States Government.

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SEC. 106.13 COOPERATION OF OTHER FEDERAL AGENCIES.

(a) ASSISTANCE.-In order to facilitate fulfillment of the responsibilities described in section 103(a), other Federal agencies shall cooperate (through agreements) to the maximum extent possible with the Secretary of State. Such agencies may, with or without reimbursement, provide assistance to the Secretary, perform security inspections, provide logistical support relating to the differing missions and facilities of other Federal agencies, and perform other overseas security functions as may be authorized by the Secretary. Specifically, the Secretary may agree to delegate operational control of overseas security functions of other Federal agencies to the heads of such agencies, subject to the Secretary's authority as set forth in section 103(a). The agency head receiving such delegated authority shall be responsible to the Secretary in the exercise of the delegated operational control.

(b) OTHER AGENCIES.-Nothing contained in titles I through IV shall be construed to limit or impair the authority or responsibility of any other Federal, State, or local agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.

(c) CERTAIN LEASE ARRANGEMENTS.-The Administrator of General Services is authorized to lease (to such extent or in cash amounts as are provided in appropriation Acts) such amount of space in the United States as may be necessary for the Department of State to accommodate the personnel required to carry out this title. The Department of State shall pay for such space at the rate established by the Administrator of General Services for space and related services.

10 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) formerly 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 the denial by the Secretary of State of a request by the Inspector General to increase or reduce an existing position level of a regional office: Provided further, That the total number of positions authorized for the Office of the Inspector General in Washington and overseas shall be determined by the Inspector General within the limitation of the appropriations level provided.". 11 Formerly at 22 U.S.C. 4803. Sec. 162(gX3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), repealed sec. 104, which established the Bureau of Diplomatic Security, overseen by the Assistant Secretary for Diplomatic Security. 12 Formerly at 22 U.S.C. 4804. Sec. 162(gX4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), repealed sec. 105, which stated the responsibilities of the Assistant Secretary for Diplomatic Security.

1322 U.S.C. 4805.

SEC. 107.14 PROTECTION OF FOREIGN CONSULATES.

The Secretary of State shall take into account security considerations 15 in making determinations with respect to accreditation of all foreign consular personnel in the United States.

TITLE II-PERSONNEL 16

SEC. 201.17 DIPLOMATIC SECURITY SERVICE.

The Secretary of State may establish a Diplomatic Security Service, which shall perform such functions as the Secretary may determine.

SEC. 202.18 DIRECTOR OF DIPLOMATIC SECURITY SERVICE.

Any such 19 Diplomatic Security Service should 19 be headed by a Director designated by the Secretary of State. The Director should be a career member of the Senior Foreign Service or the Senior Executive Service and shall be qualified for the position by virtue of demonstrated ability in the areas of security, law enforcement, management, and public administration. Experience in management or operations abroad should 19 be considered an affirmative factor in the selection of the Director.

SEC. 203. SPECIAL AGENTS.

Special agent positions 21 shall be filled in accordance with the provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and title 5, United States Code. In filling such positions, the Secretary of State shall actively recruit women and members of minority groups. The Secretary of State shall prescribe the qualifications required for assignment or appointment to such positions. The 22 qualifications may include minimum and maximum entry age restrictions and other physical standards and shall incorporate such standards as may be required by law in order to perform security functions, to bear arms, and to exercise investigatory, warrant,

1422 U.S.C. 4806. The Secretary of State delegated functions authorized under this section to the Chief of Protocol (Department of State Public Notice 2086; sec. 15 of Delegation of Authority No. 214; 59 F.R. 50790).

15 Sec. 162(gX5) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck out "The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplomatic Security" and inserted in lieu thereof "The Secretary of State shall take into account security considerations".

16 Sec. 162(gX6) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck out "DIPLOMATIC SECURITY SERVICE” and inserted in lieu thereof "PERSONNEL".

17 22 U.S.C. 4821. Sec. 162(gX7) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 407), amended and restated sec. 201.

18 22 U.S.C. 4822.

19 Sec. 162(gX8XA) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck out "The" and inserted "Any such" in the first sentence of sec. 202. Sec. 162(gX8XB) of that Act replaced "shall" in the first, third, and fourth sentences of this section with "should". Sec. 162(gX8XC) of that Act subsequently struck out the last [fourth] sentence of the section, which had provided that: "The Director should act under the supervision and direction of the Assistant Secretary for Diplomatic Security.".

2022 U.S.C. 4823. Section catchline was amended by sec. 162(gX9XA) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407); formerly read "POSITIONS IN THE DIPLOMATIC SECURITY SERVICE.".

21 Sec. 162(gX9XB) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck out "Positions in the Diplomatic Security Service" and inserted in lieu thereof "Special agent positions".

23 Sec. 162(gX9XC) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck out "In the case of positions designated for special agents, the" in the last sentence, and inserted in lieu thereof "The".

arrest, and such other authorities, as are available by law to special agents of the Department of State and the Foreign Service. TITLE III-PERFORMANCE AND ACCOUNTABILITY

SEC. 301. ACCOUNTABILITY REVIEW.

In any case of serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of titles I through IV (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (hereafter in this title referred to as the "Board").24 With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board. The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.

23 22 U.S.C. 4831. The phrase in the first sentence of sec. 301 beginning "and in any case of serious breach of security" and ending in "mission abroad" and the sentences beginning "With respect to breaches of security" and ending with "Accountability Review Board." were added by sec. 156(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1354).

24 Sec. 140(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pubhe Law 103-236; 108 Stat. 399), provides the following:

"(c) PROCESSING OF VISAS FOR ADMISSION TO THE UNITED States.—

1XA) Beginning 24 months after the date of the enactment of this Act, whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, has been made and that there is no basis under such system for the exclusion of such alien.

"B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien's name is included in the Department of State's visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien's name in such system, the consular officer's failure shall be made a matter of record and shall be considered as a serious negative factor in the officer's annual performance evaluation.

"(2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1XB) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious loss of life or property in the United States, the Secretary of State shall convene an Accountability Review Board under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of

1986.".

In Department of State Public Notice 2191 (60 F.R. 21020; April 28, 1995), the Deputy Seeretary of State:

**** determined that the March 8, 1995, terrorist attack on the Consulate shuttle bus in Karachi, Pakistan, involved loss of life related to a U.S. mission abroad. Therefore I am convening an Accountability Review Board, as required by that statute, to examine the facts and cir cumstances of the attack and report to me such findings and recommendations as it deems appropriate, in keeping with the attached mandate.".

Previously, an accountability review board was convened to investigate an explosion at the U.S. ambassador's residence in Lima, Peru (State Department Public Notice 1587; April 15, 1992; 57 F.R. 14744).

SEC. 302.25 ACCOUNTABILITY REVIEW BOARD.

(a) MEMBERSHIP.-A Board shall consist of five members, 4 appointed by the Secretary of State, and 1 appointed by the Director of Central Intelligence. The Secretary of State shall designate the Chairperson of the Board. Members of the Board who are not Federal officers or employees shall each be paid at a rate not to exceed the maximum rate of basic pay payable for level GS-18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Board. Members of the Board who are Federal officers or employees shall receive no additional pay by reason of such membership. (b) FACILITIES, SERVICES, SUPPLIES, AND STAFF.

(1) SUPPLIED BY DEPARTMENT OF STATE.-A Board shall obtain facilities, services, and supplies through the Department of State. All expenses of the Board, including necessary costs of travel, shall be paid by the Department of State. Travel expenses authorized under this paragraph shall be paid in accordance with subchapter I of chapter 57 of title 5, United States Code or other applicable law.

(2) DETAIL.-At the request of a Board, employees of the Department of State or other Federal agencies, members of the Foreign Service, or members of the uniformed services may be temporarily assigned, with or without reimbursement, to assist the Board.

(3) EXPERTS AND CONSULTANTS.-A Board may employ and compensate (in accordance with section 3109 of title 5, United States Code) such experts and consultants as the Board considers necessary to carry out its functions. Experts and consultants so employed shall be responsible solely to the Board.

SEC. 303. PROCEDURES.

(a) EVIDENCE.

(1) UNITED STATES GOVERNMENT PERSONNEL AND CONTRACTORS.

(A) With respect to any individual described in subparagraph (B), a Board may

(i) administer oaths and affirmations;

(ii) require that depositions be given and interrogatories answered; and

(iii) require the attendance and presentation of testimony and evidence by such individual.

Failure of any such individual to comply with a request of the Board shall be grounds for disciplinary action by the head of the Federal agency in which such individual is employed or serves, or in the case of a contractor, debarment. (B) The individuals referred to in subparagraph (A)

are

(i) employees as defined by section 2105 of title 5, United States Code (including members of the Foreign Service);

(ii) members of the uniformed services as defined by section 101(3) of title 37, United States Code;

25 22 U.S.C. 4832. 26 22 U.S.C. 4833.

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