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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 Seryice, 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, arrest, and such other authorities, as are available by law to spe. cial agents of the Department of State and the Foreign Service

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).

16 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 t ereof "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.

10 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.".

20 22 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".

za 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 thereor "The".

TITLE III–PERFORMANCE AND ACCOUNTABILITY SEC. 301. ACCOUNTABILITY REVIEW.

In any case of serious injury, loss of life, or significant destrue. tion of property at or related to a Cnited States Government mis. sion abroad, and in any case of a serious breach of security involv. ing 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 snail convene an Accountability Review Board herearter in this titie referred to as the Board”).24 With re spect to breaches of security involving inteiligence activities. the Secretary of State may delay estabiishing an Accountability Review Board if. arter consuitation with the Chairman of the Select Com. mittee on Intelligence of the Senate and the Chairman of the Per. manent Select Committee on Intelligence of the House of Rep. resentatives, the Secretary determines that doing so would com promise 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.

un2 L s.c. 4831. The phrase in the first sentence of sec. 301 beginmng "and in any case or samous branch of security and ending in mission abroad and the sentences beginmng With respect to breaches of secunty and ending with Accountabilty Review Board ver b des 1661a, of the forergn Resadons Authun taqon Act, Piscal Years 1988 and 1989 Pubiie Law :00-204 101 Stat 1354)

Sec. 1400) the Foren Reiations Authorzadon Act, Fiscal Years 1994 and 1996 (Publie Law :03-236; :08 Stat 399), provides the oriowing c) PROCESSING OF VISAS POR ADMISSION TO HE UNITED STATES.

A jeg nmng 24 months alter the date of the enactment of this Act, whenever a Unit. and States consular anficer issues a visa for admission to the Cmted States, that official shall

raiv in vrrung that a check on the Autorna teu Visa Wokout System, or any other system of ist vmch maintains informadon about he excudaounty of anens under the Immigradon and Vationality Act has been made and that there is no basis under such system for the exclusion of such allen.

*3; f. at the time an alien applies for an immigrant or nonimmigrant visa, the alien's name is incuded in the Department Slates visa Oukout system and the consular orlour to whom the application is made is too low he procedures in processing the application

ourad v the netusion of the aliens name in such system the consuiar other's failure shall be nade a matter of record and shail be sunsidered as a senous negaqve factor in the officer's annual performance waluauon.

2 f an alien to whom a visa was ssued as a result of a failure described in paragraph (13) g adrmtted to the United Slates and here sherea

abie use to bene the aijen vas a particpant in a terror st xt using senuus loss of ife or property in the Umted States, the Secretary of State shail convene an Socountability Review Board ander the authority of title III of the Ommous Dipiornalic Secun ly and Antiterrorism Act of

1986. In Department of State Public Notice 2191 (60 FR 21020; Apni 28, 1995), the Deputy See retary of State

*** determined that the March 8, 1996, terrorst attack on the Consulate shuttle bus in Karach, Painstan, invoived loss of life related to a Cis mission abroad. Therefore I am convening an Accountaoriity keres Boaras required by that statute, to examine the facts and air. cunstances of the attack and report to ne suen findings and recommendations as it seems apprugnate, in keepng nith the attached mandate.

Previorasiy, an accountabrity review board was convened to investigate an explosion at the Sanoassador's residence in Lima, Pera (State Departnent Puone Notice 1587. April 15

SEC. 302. ACCOUNTABILITY REVIET BOARD.

(a) MEMBERSHIP.-A Board stal c st of five members, 4 appointed by the Secretary of State, and I apported by the Director of Central Intelligence. The Secretary of S:2€ sai designate the Chairperson of the Board Webers of the Board sko are not Ped. eral officers or employees sal east be : a raiz not to exoed the maximum rate of basic pay perabut o ere. GS-:5 of the General Schedule for each day cong travesse, during which they are engaged in the actual pers. of etes veits in the Board. Members of the Board boare Federe. . Or et poyees shall receive no additional pay by re2500 g - Sembers (b) FACILITIES, SERVICES, S. 77 IS, ST37.

(1) SUPPLIED BY DEPARTMENT OF STATE-A Board skal ob tain facilities, services, assise

e Department of State. All expenses d e 502. 2010 Esete 12 y CUBLE of travel, shall be paid by the 3225-30g S 200 Traveler. penses authorized der 29272 s.a.s paid in accordance with subchaga I m age 57 on these 5, lindd States Code or other apciebie 2

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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. 301.83 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.

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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).

u Sec.' 140(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat 399), provides the following: "(c) PROCESSING OP VISAS POR ADMISSION TO THE UNITED STATES.

"YIXA) 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 1088 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 Secretary of State:

wt . 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 circumstances of the attack and report to me such findings and recommendations as it deems appropriate, in keeping with the atiached 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. 302.45 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 consult

ants 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. ** 22 U.S.C. 4833.

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