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U.S. Code > Title 22 Foreign Relations and Intercourse > CHAPTER 58—DIPLOMATIC SECURITY (§§ 4801—4865) > SUBCHAPTER IV—DIPLOMATIC SECURITY PROGRAM (§§ 4851—4865) > § 4865. Security requirements for United States diplomatic facilities

U.S. Code

§ 4865. Security requirements for United States diplomatic facilities

(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 the threat of large explosive attacks from vehicles and the safety of employees during such an explosive 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, the Secretary shall ensure that all United States Government personnel at the post (except those under the command of an area military commander) 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, together with the head of each agency employing personnel that would not be located at the site, determine that security considerations permit and it is in the national interest of the United States.
(ii) Chancery or consulate building
(I) Authority not delegable The Secretary may not delegate the waiver authority under clause (i) with respect to a chancery or consulate building.
(II) Congressional notification Not less than 15 days 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
Each newly acquired United States diplomatic facility shall be sited not less than 100 feet from the perimeter of the property on which the facility is to be situated.
(B) Waiver authority
(i) In general Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary determines that security considerations permit and it is in the national interest of the United States.
(ii) Chancery or consulate building
(I) Authority not delegable The Secretary may not delegate the waiver authority under clause (i) with respect to a chancery or consulate building.
(II) Congressional notification Not less than 15 days 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 an annual 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.
(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.
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