§ 4865. Security requirements for United States diplomatic facilities

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(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 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.

(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 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.

(B)Waiver authority

(i)In general 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.

(ii)Chancery or consulate building 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

(i)In general 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—

(I)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

(II)fulfill the criteria described in clause (ii).

(ii)Alternative engineering equivalency standard requirement 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.

(B)Waiver authority

(i)In general 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.

(ii)Chancery or consulate building 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 a quarterly 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, 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.

(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, § 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.)