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TITLE XI-SECURITY AT MILITARY BASES ABROAD Sec. 1101. Findings. Sec. 1102. Recommended actions by the Secretary of Defense. Sec. 1103. Report to the Ck>ngress. TITLE XII—CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM Sec. 1201. Encouragement for negotiation of a convention. Sec. 1202. Extraterritorial criminal jurisdiction over terrorist conduct. TITLE XIII—MISCELLANEOUS PROVISIONS Sec. 1301. Peace Corps authorization of appropriations. Sec. 1302. Demonstrations at embassies in the District of Columbia. Sec. 1303. Kurt Waldheim's retirement allowance. Sec. 1304. Eradication of Amblyomma Variegatum. Sec. 1305. Strengthen foreign language skills. Sec. 1306. Forfeiture of proceeds derived from espionage activities. Sec. 1307. Expression of jsupport of activities of the United States Telecommunications Training Institute. Sec. 1308. Policy toward Afghanistan.

TITLE I—DIPLOMATIC SECURITY SEC. 101. SHORT TITLE.

Diplomatic Security Act. 22 USC 4801

Titles I through IV of this Act may be cited as the "Diplomatic Security Act". SEC. 102. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds and declares that— (1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad; (2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and (3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities. (b) PURPOSES.—The purposes of titles I through IV are— (1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad; (2) to provide for an Assistant Secretary of State to head the Bureau of Diplomatic Security of the Department of State, and to set forth certeiin provisions relating to the Diplomatic Security Service of the Department of State; (3) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs; (4) to promote strengthened security measures and to provide for the accountability of United States Government personnel with security-related responsibilities; and (5) to provide authorization of appropriations for the Department of State to carry out its responsibilities in the area of security and counterterrorism, and in particular to finance the acquisition and improvements of United States Government missions abroad, including real property, buildings, facilities, and communications, information, and security systems.

22 USC 4801.

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 100 STAT. 856 22 USC 4802.

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22 USC 4803.

PUBLIC LAW 99-399—AUG. 27, 1986

SEC. 103. RESPONSIBILITY OF THE SECRETARY OF STATE.

(a) SECURITY FUNCTIONS.—The Secretary of State shall develop and implement (in consultation with the heads of other Federal agencies having personnel or missions abroad where appropriate and within the scope of the resources made available) policies and programs, including funding levels and standards, to provide for the security of United States Government operations of a diplomatic nature and foreign government operations of a diplomatic nature in the United States. Such policies and programs shall include— (1) protection of all United States Government personnel on official duty abroad (other than those personnel under the command of a United States area military commander) and their accompanying dependents; (2) establishment and operation of security functions at all United States Government missions abroad (other than facilities or installations subject to the control of a United States area military commander); (3) establishment and operation of security functions at all Department of State facilities in the United States; and (4) protection of foreign missions, international organizations, and foreign officials and other foreign persons in the United States, as authorized by law. (b) 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 con sular posts or other United 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); and (2) establish appropriate overseas staffing levels for all such posts or missions for all Federal agencies with activities abroad (except for personnel and activities under the command of a United States area military commander). (c) FEDERAL AGENCY.—As used in this title and title III, the term "Federal agency" includes any department or agency of the United States Government. SEC. 104. BUREAU OF DIPLOMATIC SECURITY.

(a) THE BUREAU.—There shall be a Bureau of Diplomatic Security in the Department of State, to be headed by the Assistant Secretary for Diplomatic Security. The Assistant Secretary shall be responsible for such functions as may be directed by the Secretary of State. (b) NUMBER OF ASSISTANT SECRETARIES.—The first section of the Act entitled "An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes", approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out "fourteen ' and inserting in lieu thereof "fifteen" (c) POSITIONS AT LEVEL IV OF THE EXECUTIVE SCHEDULE.—Section

5315 of title 5, United States Code, is amended by striking out "(14)" following "Assistant Secretaries of State" and inserting in lieu thereof "(15)". 22 USC 4804.

SEC. 105. RESPONSIBILITIES OF THE ASSISTANT SECRETARY FOR DIPLOMATIC SECURITY.

Within the authority of the Secretary of State, the Assistant Secretary for Diplomatic Security should be responsible for the following:

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 PUBLIC LAW 99-399—AUG. 27, 1986 (1) FORMER OFFICE OF SECURITY FUNCTIONS.—Functions

100 STAT. 857 and

responsibilities exercised by the Office of Security, Department of State, before November 11, 1985. (2) SECURITY AND PROTECTIVE OPERATIONS ABROAD.—

(A) Establishment and operation of post security and protective functions abroad. (B) Development and implementation of communications, computer, and information security. (C) Emergency planning. (D) Establishment and operation of local guard services. (E) Supervision of the United States Marine Corps security guard program. (F) Liaison with American overseas private sector security interests. (3) SECURITY AND PROTECTIVE OPERATIONS IN THE UNITED STATES.—

(A) Protection of foreign missions and international organizations, foreign officials, and diplomatic personnel, as authorized by law. (B) Protection of the Secretary of State and other persons designated by the Secretary of State, as authorized by law. (C) Physical protection of Department of State facilities, communications, and computer and information systems. (D) Conduct of investigations relating to protection of foreign officials and diplomatic personnel and foreign missions, suitability for employment, employee security, illegal passport and visa issuance or use, and other investigations, as authorized by law. (E) Carrying out the rewards program for information concerning international terrorism authorized by section 36(a) of the State Department Basic Authorities Act of 1956. 22 USC 2708. (F) Performance of other security, investigative, and protective matters as authorized by law. (4) COUNTERTERRORISM PLANNING AND COORDINATION.—Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph. (5) SECURITY TECHNOLOGY.—Development and implementation of technical and physical security programs, including securityrelated construction, radio and personnel security communications, armored vehicles, computer and communications security, and research programs necessary to develop such measures. (6) DIPLOMATIC COURIER SERVICE.—Management of the diplomatic courier service. (7) PERSONNEL TRAINING.—Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section. (8) 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.). SEC. 106. 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

22 USC 4805.

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 100 STAT. 858

PUBLIC LAW 99-399—AUG. 27, 1986

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. Qi) OTHER AGENCIES.—Nothing contained in titles I through IV

50 USC 401 note.

22 USC 4806.

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. (Q) CERTAIN LEASE ARRANGEMENTS.—The Administrator of General Services is authorized to lease (to such extent or in such 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. SEC. 107. PROTECTION OF FOREIGN CONSULATES.

The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplomatic Security in making determinations with respect to accreditation of all foreign consular personnel in the United States. TITLE II—DIPLOMATIC SECURITY SERVICE 22 USC 4821.

SEC. 201. ESTABLISHMENT OF DIPLOMATIC SECURITY SERVICE.

There shall be, within the Bureau of Diplomatic Security, the Diplomatic Security Service. The Diplomatic Security Service shall perform such functions as may be assigned to it by the Secretary of State. 22 USC 4822.

SEC. 202. DIRECTOR OF DIPLOMATIC SECURITY SERVICE.

The Diplomatic Security Service shall 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 shall be considered an affirmative factor in the selection of the Director. The Director shall act under the supervision and direction of the Assistant Secretary for Diplomatic Security. Women.

SEC. 203. POSITIONS IN THE DIPLOMATIC SECURITY SERVICE.

22^USC^4823.

Positions in the Diplomatic Security Service 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

Ante, p. 609.

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the qualifications required for assignment or appointment to such positions. In the case of positions designated for special agents, the 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 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 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"). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.

Health and medical care. Real property. Gifts and property. 22 USC 4831.

SEC. 302. ACCOUNTABILITY REVIEW BOARD.

22 USC 4832.

(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 5 USC 5332. 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) SuppuED 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.—

5 USC 5701.

22 USC 4833.

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 100 STAT. 860 >.

Law enforcement and crime.

PUBLIC LAW 99-399—AUG. 27, 1986 (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; (iii) employees of instrumentalities of the United States; and (iv) individuals employed by any person or entity under contract with agencies or instrumentalities of the United States Government to provide services, equipment, or personnel. (2) OTHER PERSONS.—With respect to a person who is not

Courts, U.S.

described in paragraph (I)(B), a Board may administer oaths and affirmations and require that depositions be given and interrogatories answered. (3) SUBPOENAS.—(A) The Board may issue a subpoena for the attendance and testimony of any person (other than a person described in clause (i), (ii), or (iii) of paragraph (1)(B)) and the production of documentary or other evidence from any such person if the Board finds that such a subpoena is necessary in the interests of justice for the development of relevant evidence. (B) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, a court of the United States within the jurisdiction of which a person is directed to appear or produce information, or within the jurisdiction of which the person is found, resides, or transacts business, may upon application of the Attorney General, issue to such person an order requiring such person to appear before the Board to give testimony or produce information as required by the subpoena. (C) Subpoenaed witnesses shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States. (b) CONFIDENTIALITY.—A Board shall adopt for administrative proceedings under this title such procedures with respect to confidentiality as may be deemed necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of Central Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel, including standards for secure storage. (c) RECORDS.—Records pertaining to administrative proceedings under this title shall be separated from all other records of the

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Department of State and shall be maintained under appropriate safeguards to preserve confidentiality and classification of information. Such records shall be prohibited from disclosure to the public until such time as a Board completes its work and is dismissed. The Department of State shall turn over to the Director of Central Intelligence intelligence information and information relating to intelligence personnel which shall then become records of the Central Intelligence Agency. After that time, only such exemptions from disclosure under section 552(b) of title 5, United States Code (relating to freedom of information), as apply to other records of the Department of State, and to any information transmitted under section 304(c) to the head of a Federal agency or instrumentality, shall be available for the remaining records of the Board. (d) STATUS OF BOARDS.—The provisions of the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section 552b of title 5 of the United States Code (relating to open meetings) shall not apply to any Board.

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SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.

(a) FINDINGS.—A Board convened in any case shall examine the facts and circumstances surrounding the serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad and shall make written findings determining— (1) the extent to which the incident or incidents with respect to which the Board was convened was security related; (2) whether the security systems and security procedures at that mission were adequate; (3) whether the security systems and security procedures were properly implemented; (4) the impact of intelligence and information availability; and (5) such other facts and circumstances which may be relevant to the appropriate security management of United States missions abroad. (b) PROGRAM RECOMMENDATIONS.—A Board shall submit its findings (which may be classified to the extent deemed necessary by the Board) to the Secretary of State, together with recommendations as appropriate to improve the security and efficiency of any program or operation which the Board has reviewed. (c) PERSONNEL RECOMMENDATIONS.—Whenever a Board finds reasonable cause to believe that an individual described in section 303(a)(1)(B) has breached the duty of that individual, the Board shall— (1) notify the individual concerned, (2) transmit the finding of reasonable cause, together with all information relevant to such finding, to the head of the appropriate Federal agency or instrumentality, and (3) recommend that such agency or instrumentality initiate an appropriate investigatory or disciplinary action. In determining whether an individual has breached a duty of that individual, the Board shall take into account any standard of conduct, law, rule, regulation, contract, or order which is pertinent to the performance of the duties of that individual. (d) REPORTS.— (1) PROGRAM RECOMMENDATIONS.—In any case in which a

Board transmits recommendations to the Secretary of State

Health and medical care. Real property. Gifts and property. 22 USC 4834.

Law enforcement and crime.

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 100 STAT. 862

PUBLIC LAW 99-399—AUG. 27, 1986 under subsection (b), the Secretary shall, not later than 90 days after the receipt of such recommendations, submit a report to the Congress on each such recommendation and the action taken with respect to that recommendation. (2) PERSONNEL RECOMMENDATIONS.—In any case in which a Board transmits a finding of reasonable cause under subsection (c), the head of the Federal agency or instrumentality receiving the information shall review the evidence and recommendations and shall, not later than 30 days after the receipt of that finding, transmit to the Congress a report specifying— (A) the nature of the case and a summary of the evidence transmitted by the Board; and (B) the decision by the Federal agency or instrumentality to take disciplinary or other appropriate action against that individual or the reasons for deciding not to take disciplinary or other action with respect to that individual.

22 USC 4835.

SEC. 305. RELATION TO OTHER PROCEEDINGS.

Nothing in this title shall be construed to create administrative or judicial review remedies or rights of action not otherwise available by law, nor shall any provision of this title be construed to deprive any person of any right or legal defense which would otherwise be available to that person under any law, rule, or regulation. TITLE IV—DIPLOMATIC SECURITY PROGRAM 22 USC 4851.

SEC. 401. AUTHORIZATION. (a) DIPLOMATIC SECURITY PROGRAM.—

(1) IN GENERAL.—In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated for fiscal years 1986 and 1987, for the Department of State to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year for "Administration of Foreign Affairs", as follows: (A) For "Salaries and Expenses", $308,104,000. (B) For "Acquisition and Maintenance of Buildings Abroad", $857,806,000. (C) For "Counterterrorism Research and Development", $15,000,000. (2) ANTITERRORISM ASSISTANCE.—Section 575 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2349aa-4) is amended by striking out "$9,840,000 for the fiscal year 1987" and inserting in lieu thereof "$14,680,000 for the fiscal year 1987". (3) CAPITAL CONSTRUCTION, FISCAL YEARS 1988 THROUGH I 9 9 0. —

There is authorized to be appropriated for the Department of State for "Acquisition and Maintenance of Buildings Abroad" for each of the fiscal years 1988 through 1990, $417,962,000 to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program. (4)

ALLOCATION OF AMOUNTS AUTHORIZED TO BE APPRO-

PRIATED.—Amounts authorized to be appropriated by this subsection, and by the amendment made by paragraph (2), shall be allocated as provided in the table entitled "Diplomatic Security Program" relating to this section which appears in the

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Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986). (b) NOTIFICATION TO AUTHORIZING COMMITTEES OF REQUESTS FOR

APPROPRIATIONS.—In any fiscal year, whenever the Secretary of State submits to the Congress a request for appropriations to carry out the program described in subsection (a), the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such request, together with a justification of each item listed in such request. (c) REPROGRAMMING TREATMENT.—Amounts made available for capital projects pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.

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(d) PROHIBITION ON REALLOCATIONS OF AUTHORIZATIONS.—Section

24(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2692(d)) shall not apply with respect to any amounts authorized to be appropriated under this section. (e) SECURITY REQUIREMENTS OF OTHER FOREIGN AFFAIRS AGEN-

CIES.—Based solely on security requirements and within the total amount of funds available for security, the Secretary of State shall ensure that an equitable level of funding is provided for the security requirements of other foreign affairs agencies. (f) INSUFFICIENCY OF FUNDS.—In the event that sufficient funds are not available in any fiscal year for all of the diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program, as justified to the Congress for such fiscal year, the Secretary of State shall report to the Congress the effect that the insufficiency of funds will have with respect to the Department of State and each of the other foreign affairs agencies. (g) ALLOCATION OF FUNDS FOR CERTAIN SECURITY PROGRAMS.—Of

the amount of funds authorized to be appropriated by subsection (a)(1)(A), $34,537,000 shall be available to the Secretary of State only for the protection of classified office equipment, the expansion of information systems security, and the hiring of American systems managers and operators for computers at high threat locations. (h) FURNITURE, FURNISHINGS, AND EQUIPMENT. (1) USE OF EXISTING FURNITURE, FURNISHINGS, AND EQUIP-

MENT.—If physically possible, facilities constructed or acquired pursuant to subsection (a) shall be furnished and equipped with the furniture, furnishings, and equipment that were being used in the facilities being replaced, rather than with newly acquired furniture, furnishings, and equipment. (2) PROCEEDS FROM THE SALE OF FURNITURE, FURNISHINGS, AND

EQUIPMENT.—Section 9 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 300) is amended by adding at the end thereof the following new subsection: "(c) Notwithstanding subsection (b), proceeds from the disposition of furniture, furnishings, and equipment from diplomatic and consular establishments in foreign countries shall be deposited into the Foreign Service Building Fund to be available for obligation or expenditure as directed by the Secretary.".

Reports,

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PUBLIC LAW 99-399—AUG. 27, 1986 (3) REPROGBAMMING TREATMENT.—Amounts made available for furniture, furnishings, and equipment pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.

22 USC 4852.

SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM. (a) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstand-

22 USC 302.

ing section 11 of the Foreign Service Buildings Act, 1926, and where adequate competition exists, only United States persons and qualified United States joint venture persons may— (1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $5,000,000; and (2) bid on a diplomatic construction or design project which involves physical or technical security. (b) EXCEPTION.—Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act cf 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the "Foreign Missions Act"). (c) DEFINITIONS.—For the purposes of this section— (1) the term "adequate competition" means with respect to a construction or design project, the presence of two or more qualified bidders submitting responsive bids for that project; (2) the term "United States person" means a person which— (A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws; (B) has its principal place of business in the United States; (C) has been incorporated or legally organized in the United States— (i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and (ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection (a)(2); (D) has performed within the United States administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid; ^ -^ ' i^" > ^ axx^a^*^ ^

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(E) with respect to a construction project under subsection (a)(1), has achieved total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C)(i); (F)(i) employs United States citizens in at least 80 percent of its principal management positions in the United States, (ii) employs United States citizens in more than half of its permanent, full-time positions in the United States, and (iii) will employ United States citizens in at least 80 percent of the supervisory positions on the foreign buildings office project site; and (G) has the existing technical and financial resources in the United States to perform the contract; and (3) the term "qualified United States joint venture person" means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture. (d) AMERICAN MINORITY CONTRACTORS.—Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors. (e) AMERICAN SMALL BUSINESS CONTRACTORS.—Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors. (f) LIMITATION ON SUBCONTRACTING.—With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project. SEC. 403. SECURITY REQUIREMENTS FOR CONTRACTORS.

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall issue regulations to— (1) strengthen the security procedures applicable to contractors and subcontractors involved in any way with any diplomatic construction or design project; and (2) permit a contractor or subcontractor to have access to any design or blueprint relating to such a project only in accordance with those procedures. SEC. 404. QUALIFICATIONS OF PERSONS HIRED FOR THE DIPLOMATIC CONSTRUCTION PROGRAM.

In carrying out the diplomatic construction program referred to in section 401(a), the Secretary of State shall employ as professional staff (by appointment, contract, or otherwise) only those persons with a demonstrated specialized background in the fields of construction, construction law, or contract management. In filling such positions, the Secretary shall actively recruit women and members of minority groups. SEC. 405. COST OVERRUNS.

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22 USC 4853.

Women. Minorities. 22 USC 4854.

22 USC 4855.

Any amount required to complete any capital project described in the Department of State's Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year, which is in excess of the amount made available for that project

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Regulations.

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PUBLIC LAW 99-399—AUG. 27, 1986

pursuant to section 401(a)(1) or (3) shall be t r e a t e d as a r e program m i n g of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. 22 USC 4856.

SEC. 406. EFFICIENCY IN CONTRACTING.

Reports.

(a) BONUSES AND PENALTIES.—The Director of the Office of Foreign Buildings shall provide for a contract system of bonuses and penalties for the diplomatic construction program funded pursuant to the authorizations of appropriations provided in this title. Not later than 3 months after the date of e n a c t m e n t of this Act, the Director shall submit a report to the Congress on the implementation of this section.

V

(b) SURETY BONDS AND G U A R A N T E E S. — The Director of the Office of

Foreign Buildings shall require each person awarded a contract for work under the diplomatic construction program to post a surety bond or g u a r a n t e e, in such a m o u n t a s the Director may determine, to assure performance under such contract. (c) DISQUALIFICATION OF CONTRACTORS.—No person doing business with Libya may be eligible for any contract awarded pursuant to this Act.

Libya.

Reports. 22 USC 4857.

SEC. 407. ADVISORY PANEL ON OVERSEAS SECURITY. Not later than 90 days after the date of e n a c t m e n t of this Act, the Secretary of State shall s u b m i t a report to the Congress on the implementation of the 91 recommendations contained in the final report of the Advisory P a n e l on Overseas Security. If any such recommendation has been rejected, the Secretary shall provide the reasons w h y that recommendation was rejected.

22 USC 4858.

SEC. 408. TRAINING TO IMPROVE PERIMETER SECURITY AT UNITED STATES DIPLOMATIC MISSIONS ABROAD. (a) T R A I N I N G. — I t is the sense of Congress that the President should u s e the authority under chapter 8 of title II of the Foreign Assistance Act of 1961 (relating to a n t i t e r r o r i s m assistance) to improve p e r i m e t e r security of United States diplomatic missions abroad. (b) REPORTS.—Not later than October 1 of each year, the President shall submit a report to the Congress on the progress and problems of improving p e r i m e t e r security of United States diplomatic missions abroad.

22 USC 2349aa. President of U.S. 22 USC 4859.

SEC. 409. PROTECTION OF PUBLIC ENTRANCES OF UNITED STATES DIPLOMATIC MISSIONS ABROAD. The Secretary of State shall install and m a i n t a i n a walk-through m e t a l detector or other advanced screening system a t public ent r a n c e s of each United States diplomatic mission abroad.

SEC. 410. CERTAIN PROTECTIVE FUNCTIONS. ,>>f',c "•': y. Section 208(a) of title 3, United States Code, is amended by adding a t the e n d thereof the following: " I n carrying o u t any d u t y under section 202(7), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State 22 USC 4301. Department Basic Authorities Act of 1956.". r'.nw
 * ,,;>, jv*

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100 STAT. 867

SEC. 411. REIMBURSEMENT OF THE DEPARTMENT OF THE TREASURY.

22 USC 4860.

The Secretary of State shall reimburse the appropriate appropriations account of the Department of the Treasury out of funds appropriated pursuant to section 401(a)(1) for the actual costs incurred by the United States Secret Service, as agreed to by the Secretary of the Treasury, for providing protection for the spouses of foreign heads of state during fiscal years 1986 and 1987. SEC. 412. INSPECTOR GENERAL FOR THE UNITED STATES INFORMATION AGENCY. (a) ESTABLISHMENT,— (1) APPOINTMENT AND REMOVAL.—Section 2(1) of the Inspector

J -

General Act of 1978 (5 U.S.C. App.) is amended by inserting "the United States Information Agency," immediately before "the Veterans' Administration". (2) DEFINITIONS.—Section 11 of such Act (5 U.S.C. App.) is amended— (A) in paragraph (1) by inserting "or the Director of the United States Information Agency ' immediately before "as the case may be"; and (B) in paragraph (2) by inserting "the United States Information Agency" immediately before "or the Veterans' Administration". (b) EARMARK.—Of the funds authorized to be appropriated to the United States Information Agency for the fiscal year 1987, not less than $3,000,000 shall be available only for the operation of the office of the Inspector General established by the amendment made by subsection (a). (c) POSITION AT LEVEL IV OF THE EXECUTIVE SCHEDULE.—Section

5315 of title 5, United States Code, is amended by adding at the end thereof the following: "Inspector General, United States Information Agency.". SEC. 413. INSPECTOR GENERAL FOR THE DEPARTMENT OF STATE. (a) INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.— (1) DIRECTION TO ESTABLISH.—The Congress directs the Sec-

22 USC 4861.

retary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary Reports, of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office. (2) DUTIES AND RESPONSIBILITIES.—The Inspector General of

the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all 99 Stat. 427. duties and responsibilities, and to exercise the authorities, stated in section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) and in the Inspector General Act of 1978. 5 USC app. (3) EARMARK.—Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading "Administration of Foreign Affairs", not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State.

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PUBLIC LAW 99-399—AUG. 27, 1986 (4) LIMITATION ON APPOINTMENT.—No career member of the

Foreign Service, as defined by section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903), may be appointed Inspector General of the Department of State. (5) POSITION AT LEVEL IV OF THE EXECUTIVE SCHEDULE.—Section

5315 of title 5, United States Code (as amended by section 412), is amended by adding at the end thereof the following: "Inspector General, Department of State.". (6) CONFORMING AMENDMENT.—The last sentence of section

209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) is hereby repealed. 22 USC 4861.

(b) OFFICE OF POLICY AND PROGRAM REVIEW.—

(1) ESTABLISHMENT.—The Secretary of State shall establish an office to be known as the Office of Policy and Program Review (hereafter in this section referred to as the "Office"). af

(2) DIRECTOR.—

(A) The Office shall be headed by a director, appointed by the Secretary of State, who shall report to and be under the general supervision of the Secretary of State. The director shall be appointed without regard to political affiliation «\ from among individuals exceptionally qualified for the posi•>a tion by virtue of their integrity and their knowledge and experience in the conduct of foreign affairs. (B) The director shall review activities and operations performed under the direction, coordination, and supervision of chiefs of mission (provided in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) for the purpose of ascertaining their consonance with the foreign policy of it(the United States and their consistency with the responi: sibilities of the Secretary of State and the chief of mission. This authority shall not preclude the Inspector General of the Department of State from carrying out any function of section 209(g) of the Foreign Service Act of 1980 (22 U.S.C. 3929(g)). § (3) FUNDING FOR THE OFFICE.—Of the amounts authorized to be appropriated for "Administration of Foreign Affairs" for fiscal year 1987, not more than $4,000,000 shall be available for the purpose of establishing and maintaining the Office. .1^,,j^;i (4) INSPECTION BY OFFICE OF INSPECTOR GENERAL.—The Office shall be subject to inspection by the Inspector General of the Department of State, (c) ABOLISHMENT OF THE INSPECTOR GENERAL OF THE DEPARTMENT OF STATE AND THE FOREIGN SERVICE.—Section 150(b) of the Foreign

Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 3929a), is amended to read as follows: "(b) ABOLISHMENT OF THE INSPECTOR GENERAL OF THE DEPARTMENT OF STATE AND THE FOREIGN SERVICE.—Notwithstanding section 209

vc.,.

22 USC 4862.

of the Foreign Service Act of 1980 (22 U.S.C. 3929), the Inspector General of the Department of State and the Foreign Service is hereby abolished.". SEC. 414. PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, JERUSALEM. OR THE WEST BANK.

None of the funds authorized to be appropriated by this Act may be obligated or expended for site acquisition, development, or construction of any facility in Israel, Jerusalem, or the West Bank.

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TITLE V—STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM SEC. 501. REWARDS FOR INTERNATIONAL TERRORISTS.

It is the sense of the Congress that the Secretary of State should more vigorously utilize the moneys available under section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a); relating to rewards for information on international terrorism) to more effectively apprehend and prosecute international terrorists. It is further the sense of the Congress that the Secretary of State should consider widely publicizing the sizable rewards available under present law so that major international terrorist figures may be brought to justice. SEC. 502. REWARDS FOR INFORMATION RELATING TO INTERNATIONAL NARCOTERRORISM AND DRUG TRAFFICKING.

(a) AUTHORITY TO PAY AND PURPOSE.—Section 36 of State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended— (1) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; and (2) by inserting after subsection (a) the following new subsection: "(b)(1) The Secretary of State, upon the request of a chief of mission and with the concurrence of the Attorney General, may pay a reward to any individual who furnishes information leading to— "(A) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves— "(i) a violation of United States drug laws which occurs primarily outside the territorial jurisdiction of the United States and which is such that the individual would be a major violator of such laws; or (ii) the killing or kidnapping outside the territorial jurisdiction of the United States of— "(I) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual's official duties, in connection with the enforcement of United States drug laws or the implementing of United States drug control objectives; or "(II) a member of the immediate family of any such individual on account of that individual's official duties in connection with the enforcement of United States drug laws or the implementation of United States drug control objectives; or "(iii) an attempt or conspiracy to do any of the acts described in clause (i) or (ii); or "(B) the prevention or frustration of an act described in subparagraph (A). "(2) The purpose of the rewards under this subsection is to assist narcotics law enforcement in the effective arrest and prosecution of major narcotics traffickers and, wherever appropriate, to offer rewards in connection with the killing of, or the attempt to kill, any United States officer or employee, in connection with the performance of narcotics control duties by such officer or employee, or any member of the family of such officer or employee. To ensure that the

22 USC 2708

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Ante, p. 869. Appropriation authorization.

PUBLIC LAW 99-399—AUG. 27, 1986

rewards program authorized by this subsection, especially paragraph (IXAXi), does not duplicate or interfere with the payment of informants or the purchase of evidence or information, as authorized to the Department of Justice, the offering, administration, and payment of rewards under this subsection, including procedures for— "(A) identifying individuals, organizations, and offenses with respect to which rewards will be offered, "(B) the publication of rewards, "(C) offering of joint rewards with foreign governments, "(D) the receipt and analysis of data, "(E) the payment and the approval of payment, and "(F) the recommendations of rewards by chiefs of mission to the Secretary of State and the Attorney General, shall be governed by procedures approved by the Secretary of State and the Attorney General.". (b) FUNDING FOR REWARDS.—Section 36(g) of such Act, as so redesignated by subsection (a)(1), is amended by striking out the period at the end of the first sentence and inserting in lieu thereof the following: ", up to $2,000,000 of which may be used for rewards for information described in subsection (b)(l). In addition to the amount authorized by the preceding sentence, there are authorized to be appropriated $10,000,000 for fiscal year 1987 for 'Administration of Foreign Affairs' for use in paying rewards under this section, up to $5,000,000 of which may be used for rewards for information described in subsection (b)(l).". (c) CONFORMING AMENDMENTS.—Section 36 of such Act is amended— (1) in subsection (d), as so redesignated by subsection (a)(D, by striking out "this section" and inserting in lieu thereof "subsec„, tion (a)"; and (2) in subsection (f), as so redesignated by subsection (a)(1), by inserting "or (b)" after "subsection (a)". (d) REPORTS ON REWARDS; DEFINITIONS.—Section 36 of such Act is further amended by adding at the end thereof the following new subsections: "(h) Not later than 30 days after paying any reward under this section, the Secretary of State shall submit a report to the Congress with respect to that reward. The report, which may be submitted on a classified basis if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid, and shall discuss the significance of the information for which the reward was paid in dealing with those acts. "(i) As used in this section— ., "(1) the term 'United States drug laws' means the laws of the United States for the prevention and control of illicit traffic in m controlled substances (as such term is defined for purposes of the C!!ontrolled Substances Act); and "(2) the term 'member of the immediate family' includes— "(A) a spouse, parent, brother, sister, or child of the individual; "(B) a person to whom the individual stands in loco parentis; and "(C) any other person living in the individual's household 5:if!.ti and related to the individual by blood or marriage.".

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SEC. 503. COORDINATION OF TERRORISM-RELATED ASSISTANCE.

Section 502 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-7) is amended— (1) in the section heading by striking out "ANTI-TERRORISM" and inserting in lieu thereof "TERRORISM-RELATED"; (2) in subsection (a) by striking out "anti-terrorism assistance to foreign countries provided by the United States Government" and inserting in lieu thereof "assistance related to international ' terrorism which is provided by the United States Government to foreign countries"; (3) in subsection (b) by striking out "anti-terrorism assistance" and inserting in lieu thereof "assistance related to international terrorism which was"; and (4) by adding at the end thereof the following new subsection: "(c) RULE OF CONSTRUCTION.—Nothing contained in this section shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.". SEC. 504. COUNTERTERRORISM PROTECTION FUND.

The State Department Basic Authorities Act of 1956 is amended— (1) by redesignating section 39 as section 40; and (2) by inserting after section 38 (22 U.S.C. 2710) the following new section: "SEC. 39. COUNTERTERRORISM PROTECTION FUND.

"(a) AUTHORITY.—The Secretary of State may reimburse domestic and foreign persons, agencies, or governments for the protection of judges or other persons who provide assistance or information relating to terrorist incidents primarily outside the territorial jurisdiction of the United States. Before making a payment under this section in a matter over which there is Federal criminal jurisdiction, the Secretary shall advise and consult with the Attorney General. "(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of State for 'Administration of Foreign Affairs' $1,000,000 for fiscal year 1986 and $1,000,000 for fiscal year 1987 for use in reimbursing persons, agencies, or governments under this section. "(c) DESIGNATION OF FUND.—Amounts made available under this section may be referred to as the 'Counterterrorism Protection Fund'.". SEC. 505. TERRORISM-RELATED TRAVEL ADVISORIES.

The Secretary of State shall promptly advise the Congress whenever the Department of State issues a travel advisory, or other public warning notice for United States citizens traveling abroad, because of a terrorist threat or other security concern.

50 USC

401 note.

22 USC 2651 note. Informants. 22 USC 2711.

Public information. 22 USC 2656e.

SEC. 506. AUTHORITY TO CONTROL CERTAIN TERRORISM-RELATED SERVICES.

The State Department Basic Authorities Act of 1956 is amended— (1) by redesignating section 40 (as so redesignated by section 504 of this Act) as section 41; and (2) by inserting after section 39 (as added by section 504 of this Act) the following new section:

Supra. 22 USC 2651 note.

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 100 STAT. 872 22 USC 2712.

^

rr?: '

"SEC. 40. AUTHORITY TO SERVICES.

CONTROL CERTAIN TERRORISM-RELATED

"(a) AUTHORITY.—The Secretary of State may, by regulation, impose controls on the provision of the services described in subsection (b) if the Secretary determines that provision of such services would aid and abet international terrorism. "(b) SERVICES SUBJECT TO CONTROL.—The services subject to control under subsection (a) are the following: "(1) Serving in or with the security forces of a designated foreign government. -4 "(2) Providing training or other technical services having a - s direct military, law enforcement, or intelligence application, to or for the security forces of a designated foreign government. Any regulations issued to impose controls on services described in paragraph (2) shall list the specific types of training and other services subject to the controls. "(c) PERSONS SUBJECT OF CONTROLS.—These services may be controlled under subsection (a) when they are provided within the ^'- United States by any individual or entity and when they are provided an5rwhere in the world by a United States person. "(d) LICENSES.—In carrying out subsection (a), the Secretary of State may require licenses, which may be revoked, suspended, or amended, without prior notice, whenever such action is deemed to be advisable.

^^^, '^ -• "*. 50 USC app. 2405.

PUBLIC LAW 99-399—AUG. 27, 1986

"(e) DEFINITIONS.— "(1) DESIGNATED FOREIGN GOVERNMENT.—As

used in this section, the term 'designated foreign government' means a foreign government that the Secretary of State has determined, for purposes of section 6(j)(l) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism. "(2) SECURITY FORCES.—As used in this section, the term 'security forces' means any military or paramilitary forces, any police or other law enforcement agency (including any police or other law enforcement agency at the regional or local level), and any intelligence agency of a foreign government. "(3) UNITED STATES.—As used in this section, the term 'United States' includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. "(4) UNITED STATES PERSON.—As used in this section, the term 'United States person' means any United States national, any permanent resident alien, and any sole proprietorship, partnership, company, association, or corporation organized under the laws of or having its principal place of business within the United States.

"(f) VIOLATIONS.—

"(1) PENALTIES.—Whoever willfully violates any regulation issued under this section shall be fined not more than $100,000 or five times the total compensation received for the conduct which constitutes the violation, whichever is greater, or imprisoned for not more than ten years, or both, for each such offense. "(2) INVESTIGATIONS.—The Attorney General and the Secretary of the Treasury shall have authority to investigate violations of regulations issued under this section.

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100 STAT. 873

"(g) CONGRESSIONAL OVERSIGHT.— "(1) REVIEW OF REGULATIONS.—Not less than 30 days before

issuing any regulations under this section (including any amendments thereto), the Secretary of State shall transmit the proposed regulations to the Congress. "(2) REPORTS.—Not less than once every six months, the Secretary of State shall report to the Congress concerning the number and character of licenses granted and denied during the previous reporting period, and such other information as the Secretary may find to be relevant to the accomplishment of the objectives of this section. "(h) RELATIONSHIP TO OTHER LAWS.—The authority granted by

this section is in addition to the authorities granted by any other provision of law.". SEC. 507. MANAGEMENT OF ANTITERRORISM ASSISTANCE PROGRAMS.

Section 573(d)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa-2(d)(4)) is amended to read as follows: "(4)(A) Articles on the United States Munitions List may be made available under this chapter only if— "(i) they are small arms in category I (relating to firearms), ammunition in category III (relating to ammunition) for small arms in category I, articles in category IV(c) or VI(c) (relating to detection and handling of explosive devices), articles in category X (relating to protective personnel equipment), or articles in paragraph (b), (c), or (d) of category XIII (relating to speech privacy devices, underwater breathing apparatus and armor plating), and they are directly related to antiterrorism training under this chapter; "(ii) the recipient country is not prohibited by law from receiving assistance under one or more of the following provisions: chapter 2 of this part (relating to grant military assistance), chapter 5 of this part (relating to international military education and training), or the Arms Export Control Act (relating to foreign military sales financing); and "(iii) at least 15 days before the articles are made available to the foreign country, the President notifies the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate of the proposed transfer, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. "(B) The value (in terms of original acquisition cost) of all equipment and commodities provided under subsection (a) in any fiscal year may not exceed 25 percent of the funds made available to carry out this chapter for that fiscal year. "(C) No shock batons or similar devices may be provided under this chapter.".

Arms and munitions.

22 USC 2311. 22 USC 2347. 22 USC 2751 note. President of U.S.

22 USC 2394-1.

SEC. 508. NONLETHAL AIRPORT SECURITY EQUIPMENT AND COMMODITIES FOR EGYPT.

In addition to funds otherwise available for such purposes under chapter 8 of part II of the Foreign Assistance Act of 1961, assistance 22 USC 2349aa. authorized to carry out the purposes of chapter 4 of part II of such Act for the fiscal years 1986 and 1987 (as well as undisbursed 22 USC 2346. balances of previously obligated funds under such chapter) which are allocated for Egypt may be furnished, notwithstanding section 660 of such Act, for the provision of nonlethal airport security 22 USC 2420.

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PUBLIC LAW 99-399—AUG. 27, 1986

equipment and commodities, and training in the use of such equipment and commodities. The authority contained in this section shall be exercised by the Department of State's office responsible for administering chapter 8 of part II of the Foreign Assistance Act of 1961, in coordination with the Agency for International Development. SEC. 509. EXPORTS TO COUNTRIES SUPPORTING ACTS OF INTERNATIONAL TERRORISM. (a) ITEMS ON THE MUNITIONS LIST.—Chapter 3 of the Arms Export

Control Act (22 U.S.C. 2771-2779) is amended by adding at the end thereof the following new section: 22 USC 2780.

"SEC. 40. EXPORTS TO COUNTRIES SUPPORTING ACTS OF INTERNATIONAL TERRORISM.

"(a) PROHIBITION.—Except as provided in subsection (b), items on the United States Munitions List may not be exported to any country which the Secretary of State has determined, for purposes of section 6(j)(l)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(l)(A)), has repeatedly provided support for acts of international terrorism. President of U.S. "(b) WAIVER.—The President may waive the prohibition contained Reports. jn subsection (a) in the case of a particular export if the President determines that the export is important to the national interests of the United States and submits to the Congress a report justifying that determination and describing the proposed export. Any such waiver shall expire at the end of 90 days after it is granted unless the Congress enacts a law extending the waiver.". (b) OTHER GOODS AND TECHNOLOGY.—Section 6(j)(l) of the Export

Administration Act of 1979 (50 U.S.C. App. 24050)(1)) is amended by striking out "$7,000,000" and inserting in lieu thereof "$1,000,000. TITLE VI—INTERNATIONAL NUCLEAR TERRORISM 22 USC 3244.

SEC. 601. ACTIONS TO COMBAT INTERNATIONAL NUCLEAR TERRORISM.

(a) ACTIONS TO BE TAKEN BY THE PRESIDENT.—The Congress hereby directs the President— (1) to seek universal adherence to the Convention on the Physical Protection of Nuclear Material; (2) to— ' *...I (A) conduct a review, enlisting the participation of all relevant departments and agencies of the Government, to determine whether the recommendations on Physical Protection of Nuclear Material published by the International Atomic Energy Agency are adequate to deter theft, •39b sabotage, and the use of nuclear facilities and materials in acts of international terrorism, and ^,,, (B) transmit the results of this review to the Director'*' General of the International Atomic Energy Agency; (3) to take, in concert with United States allies and other countries, such steps as may be necessary— . >  >i. • / 'S !' sabotage or theft by terrorist groups or nations; and

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100 STAT. 875

(4) to seek agreement in the United Nations Security Council to establish— (A) an effective regime of international sanctions against any nation or subnational group which conducts or sponsors acts of international nuclear terrorism, and (B) measures for coordinating responses to all acts of international nuclear terrorism, including measures for the recovery of stolen nuclear material and the clean-up of nuclear releases. (b) REPORTS TO THE CONGRESS.—The President shall report to the Congress annually, in the reports required by section 601 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3281), on the progress made during the preceding year in achieving the objectives described in this section.

Sanctions,

SEC. 602. AUTHORITY TO SUSPEND NUCLEAR COOPERATION WITH NATIONS WHICH HAVE NOT RATIFIED THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL.

Chapter 11 of the Atomic Energy Act of 1954 is amended by adding at the end thereof the following new section: "SEC. 132. AUTHORITY TO SUSPEND NUCLEAR COOPERATION WITH

42 USC 2i60b.

NATIONS WHICH HAVE NOT RATIFIED THE CONVENTION ON THE PHYSICAL SECURITY OF NUCLEAR MATERIAL.—

"The President may suspend nuclear cooperation under this Act President of U.S. with any nation or group of nations which has not ratified the Convention on the Physical Security of Nuclear Material.". SEC. 603. CONSULTATION WITH THE DEPARTMENT OF DEFENSE CONCERNING CERTAIN NUCLEAR EXPORTS AND SUBSEQUENT ARRANGEMENTS.

Chapter 11 of the Atomic Energy Act of 1954, as amended by section 602 of this Act, is further amended by adding at the end thereof the following new section: "SEC. 133. CONSULTATION WITH THE DEPARTMENT OF DEFENSE CONCERNING CERTAIN EXPORTS AND SUBSEQUENT ARRANGEMENTS.—

^ 42 USC 2160C.

"a. In addition to other applicable requirements— j li "(1) a license may be issued by the Nuclear Regulatory Commission under this Act for the export of special nuclear material described in subsection b.; and i •; "(2) approval may be granted by the Secretary of Energy under section 131 of this Act for the transfer of special nuclear 42 USC 2160. material described in subsection b.; only after the Secretary of Defense has been consulted on whether the physical protection of that material during the export or transfer will be adequate to deter theft, sabotage, and other acts of international terrorism which would result in the diversion of that material. If, in the view of the Secretary of Defense based on all available intelligence information, the export or transfer might be subject to a genuine terrorist threat, the Secretary shall provide to the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, his written assessment of the risk and a description of the actions the Secretary of Defense considers necessary to upgrade -i physical protection measures. "b. Subsection a. applies to the export or transfer of more than 2 kilograms of plutonium or more than 20 kilograms of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235.".

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PUBLIC LAW 99-399—AUG. 27, 1986

SEC. 604. REVIEW OF PHYSICAL SECURITY STANDARDS.

(a) REVIEWS.—The Secretary of Energy, the Secretary of Defense, the Secretary of State, the Director of the Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission shall each review the adequacy of the physical security standards currently applicable with respect to the shipment and storage (outside the United States) of plutonium, and uranium enriched to more than 20 percent in the isotope 233 or the isotope 235, which is subject to United States prior consent rights, with special attention to protection against risks of seizure or other terrorist acts. (b) REPORTS.—Not later than 6 months after the date of enactment of this Act, the Secretary of Energy, the Secretary of Defense, the Secretary of State, the Director of the Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission shall each submit a written report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate setting forth the results of the review conducted pursuant to this section, together with appropriate recommendations. SEC. 605. INTERNATIONAL REVIEW OF THE NUCLEAR TERRORISM PROBLEM. The Congress strongly urges the President to seek a comprehensive review of the problem of nuclear terrorism by an international conference. .,4.. SEC. 606. CRIMINAL HISTORY RECORD CHECKS. (a) IN GENERAL.—The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by adding after section 148 the following new section: 42 USC 2169.

42 USC 2133, 2184. 42 USC 2168.

Health and medical care. Safety.

Regulations.

"SEC. 149. CHECKS.—

FINGERPRINTING

FOR CRIMINAL

HISTORY

RECORD

"a. The Nuclear Regulatory Commission (in this section referred to as the 'Commission') shall require each licensee or applicant for a license to operate a utilization facility under section 103 or 104 b. to fingerprint each individual who is permitted unescorted access to the facility or is permitted access to safeguards information under section 147. All fingerprints obtained by a licensee or applicant as required in the preceding sentence shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history records check. The costs of any identification and records check conducted pursuant to the preceding sentence shall be paid by the licensee or applicant. Notwithstanding any other provision of law, the Attorney General may provide all the results of the search to the Commission, and, in accordance with regulations prescribed under this section, the Commission may provide such results to the licensee or applicant submitting such fingerprints. "b. The Commission, by rule, may relieve persons from the obligations imposed by this section, upon specified terms, conditions, and periods, if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public. "c. For purposes of administering this section, the Commission shall prescribe, subject to public notice and comment, regulations— "(1) to implement procedures for the taking of fingerprints;

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100 STAT. 877

"(2) to establish the conditions for use of information received from the Attorney General, in order— "(A) to limit the redissemination of such information; "(B) to ensure that such information is used solely for the purpose of determining whether an individual shall be permitted unescorted access to the facility of a licensee or applicant or shall be permitted access to safeguards '-'•^' information under section 147; 42 USC 2168. "(C) to ensure that no final determination may be made solely on the basis of information provided under this section involving— "(i) an arrest more than 1 year old for which there is no information of the disposition of the case; or "(ii) an arrest that resulted in dismissal of the charge or an acquittal; and "(D) to protect individuals subject to fingerprinting under this section from misuse of the criminal history records; and "(3) to provide each individual subject to fingerprinting under this section with the right to complete, correct, and explain information contained in the criminal history records prior to any final adverse determination, "d. (1) The Commission may establish and collect fees to process fingerprints and criminal history records under this section. "(2) Notwithstanding section 3302(b) of title 31, United States Code, and to the extent approved in appropriation Acts— "(A) a portion of the amounts collected under this subsection in any fiscal year may be retained and used by the Commission to carry out this section; and "(B) the remaining portion of the amounts collected under this subsection in such fiscal year may be transferred periodically to the Attorney General and used by the Attorney General to carry out this section. "(3) Any amount made available for use under paragraph (2) shall remain available until expended.". (b) EFFECTIVE DATE.—The provisions of subsection a. of section 149 42 USC 2169 of the Atomic Energy Act of 1954, as added by this Act, shall take note, effect upon the promulgation of regulations by the Nuclear Regu- ^«^«' P- 876. latory Commission as set forth in subsection c. of such section. Such regulations shall be promulgated not later than 6 months after the date of the enactment of this Act. (c) CONFORMING AMENDMENT.—The table of contents at the beginning of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 148 the following new item: "Sec. 149. Fingerprinting for criminal history record checks.".

TITLE VII—MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM SEC. 701. INTERNATIONAL ANTITERRORISM COMMITTEE.

(a) FINDINGS.—The Congress finds that— (1) international terrorism is and remains a serious threat to the peace and security of free, democratic nations; (2) the challenge of terrorism can only be met effectively by concerted action on the part of all responsible nations;

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 100 STAT. 878 Germany. Japan. President of U.S.

«.

PUBLIC LAW 99-399—AUG. 27, 1986 (3) the major developed democracies evidenced their commitment to cooperation in the fight against terrorism by the 1978 Bonn Economic Summit Declaration on Terrorism; and (4) that commitment was renewed and strengthened at the 1986 Tokyo Economic Summit and expressed in a joint statement on terrorism. (b) INTERNATIONAL ANTITERRORISM COMMITTEE.—The C o n g r e s s

hereby directs the President to continue to seek the establishment of an international committee, to be known as the International Antiterrorism Committee. As a first step in establishing such committee, the President should propose to the North Atlantic Treaty Organization the establishment of a standing political committee to examine all aspects of international terrorism, review opportunities for cooperation, and make recommendations to member nations. After the establishment of this committee, the President should invite such other countries who may choose to participate. The purpose of the International Antiterrorism Committee should be to focus the attention and secure the cooperation of the governments and the public of the participating countries and of other countries on the problems and responses to international terrorism (including nuclear terrorism), by serving as a forum at both the political and law enforcement levels. SEC. 702. INTERNATIONAL ARRANGEMENTS RELATING TO PASSPORTS AND VISAS.

The Congress strongly urges the President to seek the negotiation of international agreements (or other appropriate arrangements) to provide for the sharing of information relating to passports and visas in order to enhance cooperation among countries in combatting international terrorism. SEC. 703. PROTECTION OF AMERICANS ENDANGERED BY THE APPEARANCE OF THEIR PLACE OF BIRTH ON THEIR PASSPORTS.

(a) FINDINGS.—The Congress finds that some citizens of the United States may be specially endangered during a hijacking or other terrorist incident by the fact that their place of birth appears on their United States passport. (b) REPORT.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress on the implications of deleting the place of birth as a required item of information on passports. SEC. 704. USE OF DIPLOMATIC PRIVILEGES AND IMMUNITIES FOR TERRORISM PURPOSES.

The Congress strongly urges the President to instruct the Permanent Representative of the United States to the United Nations to seek the adoption of a resolution in the United Nations condemning the use for terrorist purposes of diplomatic privileges and immunities under the Vienna Convention on Diplomatic Relations, especially the misuse of diplomatic pouches and diplomatic missions. SEC. 705. REPORTS ON PROGRESS COOPERATION.

President of U.S.

IN

INCREASING MULTILATERAL

Not later than February 1, 1987, the President shall submit a report to the Congress on the steps taken to carry out each of the preceding sections of this title (except for section 703) and the

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progress being made in achieving the objectives described in those sections. TITLE VIII—VICTIMS OF TERRORISM COMPENSATION SEC. 801. SHORT TITLE.

Victims of Terrorism Compensation Act.

This title may be cited as the "Victims of Terrorism Compensation 5 USC 5569 note. Act". SEC. 802. PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN 5 USC 5569 note. NOVEMBER 4, 1979, AND JANUARY 21, 1981. The amount of the payment for individuals in the Civil Service referred to in section 5569(d) of title 5, United States Code (as added by section 803 of this title), or for individuals in the uniformed services referred to in section 559(c) of title 37, United States Code (as added by section 806 of this title), as the case may be, shall be $50 for each day any such individual was held in captive status during a period commencing on or after November 4, 1979, and ending on or before January 21, 1981. SEC. 803. BENEFITS FOR CAPTIVES AND OTHER VICTIMS OF HOSTILE ACTION. (a) IN GENERAL.—Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following: "§ 5569. Benefits for captives "(a) For the purpose of this section— "(1) 'captive' means any individual in a captive status commencing while such individual is— "(A) in the Civil Service, or "(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); "(2) 'captive status' means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual's relationship with the Government; "(3) 'missing status'— "(A) in the case of an employee, has the meaning provided under section 5561(5) of this title; and "(B) in the case of an individual other than an employee, has a similar meaning; and "(4) 'family member', as used with respect to a person, means— "(A) any dependent of such person; and "(B) any individual (other than a dependent under subparagraph (A)) who is a member of such person's family or household. "(b)(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under section 5563 of this title or any other provision of law. "(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities

i 5 USC 5569.

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5 USC 5563.

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issued during the preceding calendar quarter. Such interest shall be compounded quarterly. "(3) Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of section 5563 of this 5 USC 5563. title and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish. "(4) Any interest accruing under this subsection on— "(A) any amount for which an individual is indebted to the United States under section 5562(c) of this title shall be deemed '«' to be part of the amount due under such section 5562(c); and "(B) any amount referred to in section 5566(f) of this title shall be deemed to be part of such amount for purposes of such section 5566(f). "(5) An allotment under this subsection may be made without regard to section 5563(c) of this title. "(c) The head of an agency shall pay (by advancement or reimbursement) any individual who is a captive, and any family member of such individual, for medical and health care, and other expenses related to such care, to the extent that such care— "(1) is incident to such individual being a captive; and "(2) is not covered— "(A) by any Government medical or health program; or "(B) by insurance. President of U.S. "(d)(1) Except as provided in paragraph (3), the President shall make a cash payment, computed under paragraph (2), to any individual who became or becomes a captive commencing on or after November 4, 1979. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive terminated before the date of the enactAnte, p. 879. ment of the Victims of Terrorism Compensation Act, before the end of the one-year period beginning on such date. "(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act, the amount of the payment under this subsection with respect to an individual held as a captive shall be not less than one-half of the amount of the world-wide average per diem rate under section 5702 of this title which was in effect for each day that 5 USC 5702. individual was so held. "(3) The President— President of U.S. "(A) may defer a payment under this subsection in the case of any individual who, during the one-year period described in paragraph (1), is charged with an offense described in subparagraph (B), until final disposition of such charge; and "(B) may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of section 8312 of this title committed— "(i) during the period of captivity of such individual; and "(ii) related to the captive status of such individual. "(4) A payment under this subsection shall be in addition to any other amount provided by law. 5 USC 5581. "(5) The provisions of subchapter VIII of this chapter (or, in the case of any person not covered by such subchapter, similar provisions prescribed by the President) shall apply with respect to any amount due an individual under paragraph (1) after such individual's death.

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"(6) Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of section 3711 of title 31. "(e)(1) Under regulations prescribed by the President, the benefits provided by the Soldiers' and Sailors' Civil Relief Act of 1940, including the benefits provided by section 701 of such Act but excluding the benefits provided by sections 104, 105, 106, 400 through 408, 501 through 512, and 514 of such Act, shall be provided in the case of any individual who is a captive. "(2) In applying such Act under this subsection— "(A) the term 'person in the military service' is deemed to include any such captive; "(B) the term 'period of military service' is deemed to include the period during which the individual is in a captive status; and "(C) references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President. "(f)(1)(A) Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution. "(B) Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs— "(i) after that individual has been in captive status for 90 days or more, and "(ii) on or before— "(I) the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or "(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date. In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause. "(C) In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individual's death. "(D) The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law. "(E) For the purpose of this paragraph, 'child' means a dependent under section 5561(3)(B) of this title. "(2)(A) In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.

Claims.

50 USC app. 501. 50 USC app. 591. 50 USC app. 514-516, 540-548, 561-572, 574.

ehildren and youth. Education.

38 USC 1700 et seq. 5 USC 5561.

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"(B) Pa5niients shall be available under this paragraph for a captive for education or training which occurs— "(i) after the termination of that individual's captive status, and "(ii) on or before— "(I) the end of any semester or quarter (as appropriate) which begins before the date which is 10 years after the day on which the captive status of that individual terminates, or "(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date, and shall be available only to the extent that such payments are not otherwise authorized by law. "(3) Assistance under this subsection— "(A) shall be discontinued for any individual whose conduct or progress is unsatisfactory under standards consistent with those established pursuant to section 1724 of title 38; and "(B) may not be provided for any individual for a period in excess of 45 months (or the equivalent thereof in other than fulltime education or training). "(4) Regulations prescribed to carry out this subsection shall Regulations. provide that the program under this subsection shall be consistent 38 USC 1700 et with the assistance program under chapters 35 and 36 of title 38. seq., 1770 et seq. "(g) Any benefit provided under subsection (c) or (d) may, under regulations prescribed by the President, be provided to a family member of an individual if— "(1) such family member is held in captive status; and "(2) such individual is performing service for the United States as described in subsection (a)(1)(A) when the captive status of such family member commences. \ "(h) Except as provided in subsection (d), this section applies with respect to any individual in a captive status commencing after January 21, 1981. "(i) Notwithstanding any other provision of this subchapter, any determination by the President under subsection (a)(2) or (d) shall be conclusive and shall not be subject to judicial review. President of U.S. "0") The President may prescribe regulations necessary to adminRegulations. ister this section. "(k) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States. 5 USC 5570.

"§ 5570. Compensation for disability or death "(a) For the purpose of this section— "(1) 'employee' means— "(A) any individual in the Civil Service; and "(B) any individual rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); and "(2) 'family member', as used with respect to an employee, means— "(A) any dependent of such employee; and t.-j-c-^

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"(B) any individual (other than a dependent under subparagraph (A)) who is a member of the employee's family or household. "(b) The President shall prescribe regulations under which an President of U.S. agency head may pay compensation for the disability or death of an Regulations. employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individual's relationship with the Government. "(c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under section 5569(d) of this title) in connection Ante, p. 879. with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero. "(d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review. "(e) Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or .^ - ;iv health expenses relating to the death or disability involved to the extent that such expenses are not covered under subsection (c) of section 5569 of this title (other than because of paragraph (2) of such subsection). "(f) This section applies with respect to any disability or death resulting from an injury which occurs after January 21, 1981. "(g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant idinj agency of the United States.''. (b) CONFORMING AMENDMENT.—The analysis for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5568 the following: "5569. Benefits for captives. "5570. Compensation for disability or death.". SEC. 804. RETENTION OF LEAVE BY ALIEN EMPLOYEES FOLLOWING INJURY FROM HOSTILE ACTION ABROAD.

Section 6325 of title 5, United States Code, is amended by adding at the end thereof the following: "The preceding provisions of this section shall apply in the case of an alien employee referred to in section 6301(2)(viii) of this title with respect to any leave granted to such alien employee under section 6310 of this title or section 408 of the Foreign Service Act of 1980.". 22 USC 3968. SEC. 805. TRANSITION PROVISIONS. (a) SAVINGS FUND.—(1) Amounts may be allotted to the savings

fund under subsection (b) of section 5569 of title 5, United States Code (as added by section 803(a) of this Act) from pay and allowances for any pay period ending after January 21, 1981, and before the establishment of such fund. (2) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period. (b) MEDICAL AND HEALTH CARE; EDUCATIONAL EXPENSES.—Subsec-

tions (c) and (f) of such section 5569 (as so added) shall be carried out with respect to the period after January 21, 1981, and before the

5 USC 5569 note.

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effective date of those subsections, under regulations prescribed by the President, (c) DEFINITION.—For the purpose of this subsection, "pay and allowances" has the meaning provided under section 5561 of title 5, United States Code SEC. 806. BENEFITS FOR MEMBERS OF UNIFORMED SERVICES WHO ARE VICTIMS OF HOSTILE ACTION.

(a) PAYMENTS.—(1) Chapter 10 of title 37, United States Code, is amended by adding at the end thereof the following new section: 37 USC 559.

"§ 559. Benefits for members held as captives "(a) In this section— . "(1) 'captive status' means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership I in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides ' to such member, in an Act enacted after the date of the enactAnte, p. 879. ment of the Victims of Terrorism Compensation Act, monetary payment in respect of such period of captivity; and "(2) 'former captive' means a person who, as a member of the uniformed services, was held in a captive status. "(b)(1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances 10 USC 553. are not subject to an allotment under section 553 of this title or any other provision of law. "(2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly. "(3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of section 553(c) of this title and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish. "(4) Any interest accruing under this subsection on— "(A) any amount for which a member is indebted to the United States under section 552(c) of this title shall be deemed "(B) any amount referred to in section 556(f) of this title shall be deemed to be part of such amount for purposes of such section. "(5) An allotment under this subsection may be made without regard to section 553(c) of this title. President of U.S. "(c)(1) Except as provided in paragraph (3) of this subsection, the President shall make a cash payment to any person who is a former captive. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such person terminates. "(2) Except as provided in section 802 of the Victims of Terrorism Ante, p. 879. Compensation Act, the amount of such payment shall be determined Ante, p. 879. by the President under the provisions of section 5569(d)(2) of title 5. "(3)(A) The President—
 * to be part of the amount due under such section; and

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"(i) may defer such payment in the case of any former captive who during such one-year period is charged with an offense described in clause (ii) of this subparagraph, until final disposition of such charge; and "(ii) may deny such payment in the case of any former captive who is convicted of a captivity-related offense— "(I) referred to in subsection (b) or (c) of section 8312 of title 5; or "(II) under chapter 47 of title 10 (the Uniform Code of 10 USC 801 et Military Justice) that is punishable by dishonorable dis- ««9charge, dismissal, or confinement for one year or more. "(B) For the purposes of subparagraph (A) of this paragraph, a captivity-related offense is an offense that is— "(i) committed by a person while the person is in a captive status; and "(ii) related to the captive status of the person. "(4) A payment under this subsection is in addition to any other amount provided by law. "(5) Any amount due a person under this subsection shall, after the death of such person, be deemed to be pay and allowances for the purposes of this chapter. "(6) Any payment made under paragraph (1) of this subsection Claims, that is later denied under paragraph (3)(A)(ii) of this subsection is a claim of the United States Government for purposes of section 3711 of title 31. "(d) A determination by the President under subsection (a)(1) or (c) of this section is final and is not subject to judicial review.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "559. Benefits for members held as captives.".

(3)(A)(i) Except as provided in clause (ii), section 559 of title 37, 37 USC 559 note. United States Code, as added by paragraph (1), shall apply to any person whose captive status begins after January 21, 1981. (ii)(I) Subsection (c) of such section shall apply to any person whose captive status begins on or after November 4, 1979. (II) In the case of any person whose status as a captive terminated President of U.S. before the date of the enactment of this Act, the President shall make a payment under paragraph (1) of such subsection before the end of the one-year period beginning on such date. (B) Amounts may be allotted to a savings fund established under such section from pay and allowances for any pay period ending -J after January 21, 1981, and before the establishment of such fund. (C) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period. (b) DiSABiliTY AND DEATH BENEFITS.—(1) Chapter 53 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 1051. Disability and death compensation: dependents of mem- 10 USC 1051. hers held as captives "(a) The President shall prescribe regulations under which the President of U.S. Secretary concerned may pay compensation for the disability or Regulations. death of a dependent of a member of the uniformed services if the President determines that the disability or death— "(1) was caused by hostile action; and

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