22 U.S.C. § 4865 — Security requirements for United States diplomatic facilities
submitted 27 years ago by Pub. L. 106-113 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,236 words · no verdicts yet
This section sets security rules for United States diplomatic facilities and personnel. It covers threat plans, sites, blast protection, training, emergency support, rapid response, and off-site storage.
(a) (1) Each mission’s Emergency Action Plan must address threats including large vehicle explosive attacks and “complex attacks,” and employee safety during them, and be updated yearly. The Security Environment Threat List must address possible international terrorism using criteria emphasizing transnational terrorism, local security, host-government support, and cultural realities, and the supplied text requires review every six months.
(2) For a new overseas facility in a location with the Secretary’s specified minimum Threat List ratings, all United States Government personnel at the post must be on the site, except area-military-command personnel, Peace Corps personnel, and categories the Secretary identifies. The Secretary may waive this in the United States national interest after appropriate consultation; before waiving it for a chancery or consulate, written notice and reasons go to the appropriate committees; all such waivers must be reported yearly.
(3) A newly acquired facility in a location with the Secretary’s specified ratings must meet the blast standard for a facility at least 100 feet from the property perimeter or meet criteria producing equivalent engineering security and protection. The Secretary may waive this in the national interest. A chancery or consulate waiver requires advance written notice and reasons, and all waivers must be reported quarterly.
(4) Appropriate headquarters staff must receive crisis training for mass-casualty and mass-destruction incidents to support rapid Washington response. Overseas personnel must receive crisis instruction at least yearly.
(5) Within six months after November 29, 1999, the Secretary must create annual physical-fitness standards for diplomatic-security agents and arrange an independent outside evaluation of agent and management training, including attack prevention.
(6) The State Department must support the Foreign Emergency Support Team through exercises, collateral-duty personnel, security, medical, public-affairs, engineering, building-safety, and other post-crisis support. The President must plan priority replacement of the Defense-funded FEST aircraft with a dedicated aircraft and backup operated and maintained by Defense, report the selection and arrangements within 60 days after November 29, 1999, and, when Defense aircraft are unavailable after reasonable efforts, the Attorney General may obtain needed indemnification insurance or guarantees for leased commercial aircraft used after a foreign terrorist attack.
(7) State and Defense must agree on rapid emergency mobilization procedures, including options for extra military personnel or equipment and rapid armed or surveillance assets after an attack at diplomatic facilities, including high-risk, high-threat posts. (8) Every facility must store required emergency equipment and records off site.
(b) This section does not alter security requirements it does not address. “Complex attack” is not defined here; § 4866 supplies its meaning.
The following security requirements shall apply with respect to United States diplomatic facilities and specified personnel:
The Emergency Action Plan (EAP) of each United States mission shall address a range of threats, including that of large explosive attacks from vehicles and from complex attacks (as such term is defined in section 4866 of this title), and the safety of employees during such an explosive attack or such a complex attack. Such plan shall be reviewed and updated annually.
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.
In selecting a site for any new United States diplomatic facility abroad in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion, the Secretary shall ensure that all United States Government personnel at the post (except those under the command of an area military commander, personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify) will be located on the site.
Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions.
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.
The Secretary shall submit to the appropriate congressional committees an annual report of all waivers under this subparagraph.
Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall—
be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or
fulfill the criteria described in clause (ii).
Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve.
Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions.
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.
The Secretary shall submit to the appropriate congressional committees a quarterly report of all waivers under this subparagraph.
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.
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.
Not later than six months after November 29, 1999, the Secretary of State shall—
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
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.
The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including—
conducting routine training exercises of the FEST;
providing personnel identified to serve on the FEST as a collateral duty;
providing personnel to assist in activities such as security, medical relief, public affairs, engineering, and building safety; and
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.
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.
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.
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.
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, including at high risk, high threat posts (as such term is defined in section 4803 of this title), including options for the deployment of additional military personnel or equipment to bolster security and rapid deployment of armed or surveillance assets in response to an attack.
All United States diplomatic facilities shall have emergency equipment and records required in case of an emergency situation stored at an off-site facility.
Nothing in this section alters or amends existing security requirements not addressed by this section.
Source credit: (Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 606], Nov. 29, 1999, 113 Stat. 1536, 1501A–454; Pub. L. 114–323, title I, § 102, Dec. 16, 2016, 130 Stat. 1909; Pub. L. 117–263, div. I, title XCIII, § 9301(e)(2), Dec. 23, 2022, 136 Stat. 3881.)
- 1999Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2016Amended · Pub. L. 114-323 · 130 Stat. 1909
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3881
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1999-11-29.
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