Omnibus Diplomatic Security and Antiterrorism Act of 1986
PL 99-399 (H.R.4151), enacted 08/27/1986

PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 853 
Public Law 99-399 
99th Congress 
An Act 
To provide enhanced diplomatic security and combat international terrorism, and for 
Aug. 27, 1986 
other purposes. 
[H.R. 4151] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Omnibus 
Diplomatic 
SECTION 1. SHORT TITLE. 
Security and 
This Act may be cited as the "Omnibus Diplomatic Security and 
Art'^^osT™ 
Antiterrorism Act of 1986". 
22 USC 4801 
SEC. 2. TABLE OF CONTENTS. 
"^^ 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—DIPLOMATIC SECURITY 
Sec. 101. Short title. 
Sec. 102. Findings and purposes. 
Sec. 103. Responsibility of the Secretary of State. 
Sec. 104. Bureau of Diplomatic Security. 
Sec. 105. Responsibilities of the Assistant Secretary for Diplomatic Security. 
Sec. 106. Cooperation of other Federal agencies. 
Sec. 107. Protection of foreign consulates. 
TITLE II—DIPLOMATIC SECURITY SERVICE 
Sec. 201. Establishment of Diplomatic Security Service. 
Sec. 202. Director of Diplomatic Security Service. 
Sec. 203. Positions in the Diplomatic Security Service. 
TITLE III—PERFORMANCE AND ACCOUNTABILITY 
Sec. 301. Accountability review. 
Sec. 302. Accountability Review Board. 
Sec. 303. Procedures. 
Sec. 304. Findings and recommendations by a Board. 
Sec. 305. Relation to other proceedings. 
TITLE IV-DIPLOMATIC SECURITY PROGRAM 
Sec. 401. Authorization. 
Sec. 402. Diplomatic construction program. 
Sec. 403. Security requirements for contractors. 
Sec. 404. Qualifications of persons hired for the diplomatic construction program. 
Sec. 405. Cost overruns. 
Sec. 406. Efficiency in contracting. 
Sec. 407. Advisory Panel on Overseas Security. 
Sec. 408. Training to improve perimeter security at United States diplomatic mis-
sions abroad. 
Sec. 409. Protection of public entrances of United States diplomatic missions 
abroad. 
Sec. 410. Certain protective functions. 
Sec. 411. Reimbursement of the Department of the Treasury. 
Sec. 412. Inspector General for the United States Information Agency. 
Sec. 413. Inspector General for the Department of State. 
Sec. 414. Prohibition on the use of funds for facilities in Israel, Jerusalem, or the 
West Bank. 
100 STAT. 854 
PUBLIC LAW 99-399—AUG. 27, 1986 
TITLE V—STATE DEPARTMENT AUTHORITIES TO COMBAT 
. ,., 
INTERNATIONAL TERRORISM 
Sec. 501. Rewards for international terrorists. 
Sec. 502. Rewards for information relating to international narcoterrorism and 
drug trafficking. 
Sec. 503. Coordination of terrorism-related assistance. 
Sec. 504. Counterterrorism Protection Fund. 
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Sec. 505. Terrorism-related travel advisories. 
Sec. 506. Authority to control certain terrorism-related services. 
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Sec. 507. Management of antiterrorism assistance programs. 
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Sec. 508. Nonlethal airport security equipment and commodities for Egypt. 
Sec. 509. Exports to countries supporting acts of international terrorism. 
TITLE VI—INTERNATIONAL NUCLEAR TERRORISM 
Sec. 601. Actions to combat international nuclear terrorism. 
Sec. 602. Authority to suspend nuclear cooperation with nations which have not 
ratified the Convention on the Physical Protection of Nuclear Material. 
Sec. 603. Consultation with the Department of Defense concerning certain nuclear 
exports and subsequent arrangements. 
Sec. 604. Review of physical security standards. 
Sec. 605. International review of the nuclear terrorism problem. 
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Sec. 606. Criminal history record checks. 
TITLE VII—MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL 
TERRORISM 
Sec. 701. International Antiterrorism Committee. 
Sec. 702. International arrangements relating to passports and visas. 
Sec. 703. Protection of Americans endangered by the appearance of their place of 
birth on their passports. 
Sec. 704. Use of diplomatic privileges and immunities for terrorism purposes. 
Sec. 705. Reports on progress in increasing multilateral cooperation. 
TITLE VIII—VICTIMS OF TERRORISM COMPENSATION 
Sec. 801. Short title. 
Sec. 802. Payment to individuals held in captive status between November 4, 1979, 
and January 21, 198?. 
Sec. 803. Benefits for captives and other victims of hostile action. 
Sec. 804. Retention of leave by alien employees following injury from hostile action 
abroad. 
Sec. 805. Transition provisions. 
Sec. 806. Benefits for members of uniformed services who are victims of hostile 
action. 
Sec. 807. Regulations. 
Sec. 808. Effective date of entitlements. 
TITLE IX—MARITIME SECURITY 
Sec. 901. Short title. 
Sec. 902. International measures for seaport and shipboard security. 
Sec. 903. Measures to prevent unlawful acts against passengers and crews on board 
ships. 
Sec. 904. Panama Canal security, 
Sec. 905. Threat of terrorism to United States ports and vessels. 
Sec. 906. Port, harbor, and coastal facility security. 
Sec. 907. Security standards at foreign ports. 
Sec. 908. Travel advisories concerning security at foreign ports. 
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Sec. 909. Suspension of passenger services. 
Sec. 910. Sanctions for the seizure of vessels by terrorists. 
Sec. 911. Definitions. 
Sec. 912. Authorization of appropriations. 
Sec. 913. Reports. 
TITLE X—FASCELL FELLOWSHIP PROGRAM 
Sec. 1001. Short title. 
Sec. 1002. Fellowship program for temporary service at United States missions in 
the Soviet Union and Eastern Europe. 
Sec. 1003. Fellowship Board. 
Sec. 1004. Fellowships. 
Sec. 1005. Secretary of State. 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 855 
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 Telecommunica-
tions Training Institute. 
Sec. 1308. Policy toward Afghanistan. 
TITLE I—DIPLOMATIC SECURITY 
Diplomatic 
Security Act. 
SEC. 101. SHORT TITLE. 
22 USC 4801 
Titles I through IV of this Act may be cited as the "Diplomatic 
Security Act". 
SEC. 102. FINDINGS AND PURPOSES. 
22 USC 4801. 
(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 person-
nel 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 Secu-
rity 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 Depart-
ment 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. 
100 STAT. 856 
PUBLIC LAW 99-399—AUG. 27, 1986 
22 use 4802. 
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 facili-
ties 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— 
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(1) have full responsibility for the coordination of all United 
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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. 
22 use 4803. 
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 respon-
sible 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 pur-
poses", approved Mav 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 use 4804. 
SEC. 105. RESPONSIBILITIES OF THE ASSISTANT SECRETARY FOR DIPLO-
MATIC SECURITY. 
Within the authority of the Secretary of State, the Assistant 
Secretary for Diplomatic Security should be responsible for the 
following: 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 857 
(1) FORMER OFFICE OF SECURITY FUNCTIONS.—Functions 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 secu-
rity guard program. 
(F) Liaison with American overseas private sector secu-
rity 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 mis-
sions, 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 use 2708. 
(F) Performance of other security, investigative, and 
protective matters as authorized by law. 
(4) COUNTERTERRORISM PLANNING AND COORDINATION.—Devel-
opment and coordination of counterterrorism planning, emer-
gency 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 security-
related construction, radio and personnel security communica-
tions, armored vehicles, computer and communications security, 
and research programs necessary to develop such measures. 
(6) DIPLOMATIC COURIER SERVICE.—Management of the diplo-
matic 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 devel-
opment 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. 
22 USC 4805. 
(a) ASSISTANCE.—In order to facilitate fulfillment of the respon-
sibilities described in section 103(a), other Federal agencies shall 
cooperate (through agreements) to the maximum extent possible 
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 secu-
rity 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 
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 
50 use 
as defined in Executive Order 12333. 
401 note. 
(Q) CERTAIN LEASE ARRANGEMENTS.—The Administrator of Gen-
eral 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. 
22 use 4806. 
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 use 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 use 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 Execu-
tive 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 manage-
ment 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 
Ante, p. 609. 
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 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 859 
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. 
SEC. 302. ACCOUNTABILITY REVIEW BOARD. 
(a) MEMBERSHIP.—A Board shall consist of five members, 4 ap-
pointed by the Secretary of State, and 1 appointed by the Director of 
Central Intelligence. The Secretary of State shall designate the 
Chairperson of the Board. Members of the Board who are not 
Federal officers or employees shall each be paid at a rate not to 
exceed the maximum rate of basic pay payable for level GS-18 of the 
General Schedule for each day (including travel time) during which 
they are engaged in the actual performance of duties vested in the 
Board. Members of the Board who are Federal officers or employees 
shall receive no additional pay by reason of such membership. 
(b) FACILITIES, SERVICES, SUPPLIES, AND STAFF.— 
(1) SuppuED B
Y 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 ex-
penses authorized under this paragraph shall be paid in accord-
ance 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 consid-
ers 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 CONTRAC-
TORS.— 
Health and 
medical care. 
Real property. 
Gifts and 
property. 
22 use 4831. 
22 use 4832. 
5 use 5332. 
5 use 5701. 
22 use 4833. 
100 STAT. 860 
PUBLIC LAW 99-399—AUG. 27, 1986 
Law 
enforcement 
and crime. 
Courts, U.S. 
> . 
(A) With respect to any individual described in subpara-
graph (B), a Board may— 
(i) administer oaths and affirmations; 
(ii) require that depositions be given and interrog-
atories answered; and 
(iii) require the attendance and presentation of testi-
mony 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 
described in paragraph (IXB), 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 ap-
plication of the Attorney General, issue to such person an order 
requiring such person to appear before the Board to give testi-
mony 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 con-
fidentiality as may be deemed necessary, including procedures relat-
ing to the conduct of closed proceedings or the submission and use of 
evidence in camera, to ensure in particular the protection of classi-
fied information relating to national defense, foreign policy, or 
intelligence matters. The Director of Central Intelligence shall 
establish the level of protection required for intelligence informa-
tion and for information relating to intelligence personnel, includ-
ing standards for secure storage. 
(c) RECORDS.—Records pertaining to administrative proceedings 
under this title shall be separated from all other records of the 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 861 
Department of State and shall be maintained under appropriate 
safeguards to preserve confidentiality and classification of informa-
tion. 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. 
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 mis-
sions abroad. 
(b) PROGRAM RECOMMENDATIONS.—A Board shall submit its find-
ings (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 appro-
priate 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 con-
duct, 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 
;J8IJ ^ 
Health and 
medical care. 
Real property. 
Gifts and 
property. 
22 use 4834. 
Law 
enforcement 
and crime. 
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 discipli-
nary or other action with respect to that individual. 
22 use 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 use 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, acquisi-
tion, 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 Secu-
rity Program" relating to this section which appears in the 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 863 
Joint Explanatory Statement of the Committee of Conference to 
accompany H.R. 4151 of the 99th Congress (the Omnibus Diplo-
matic 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 Representa-
tives and the Committee on Foreign Relations of the Senate of such 
request, together with a justification of each item listed in such 
request. 
s 
(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. 
(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 
Reports, 
are not available in any fiscal year for all of the diplomatic security 
construction, acquisition, and operations pursuant to the Depart-
ment 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 con-
sular 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.". 
100 STAT. 864 
PUBLIC LAW 99-399—AUG. 27, 1986 
(3) REPROGBAMMING TREATMENT.—Amounts made available 
for furniture, furnishings, and equipment pursuant to subsec-
tion (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 ap-
plicable to such reprogramming. 
22 u s e 4852. 
SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM. 
(a) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstand-
22 use 302. 
ing section 11 of the Foreign Service Buildings Act, 1926, and where 
adequate competition exists, only United States persons and quali-
fied 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 con-
tractors on such projects, and what actions he shall take with 
respect to that country as authorized by title II of the State Depart-
ment 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 in-
volves physical or technical security under subsection 
(a)(2); 
(D) has performed within the United States administra-
tive and technical, professional, or construction services 
similar in complexity, type of construction, and value to the 
project being bid; 
^ -
^ 
' i^" > ^
^ axx^a^*^ 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 865 
(E) with respect to a construction project under subsec-
tion (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 con-
tractors. 
(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 contrac-
tors and subcontractors involved in any way with any diplo-
matic 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. 
Any amount required to complete any capital project described in 
the Department of State's Supplemental Diplomatic Security Pro-
gram, as justified to the Congress for the respective fiscal year, 
which is in excess of the amount made available for that project 
Regulations. 
22 use 4853. 
Women. 
Minorities. 
22 u s e 4854. 
22 u s e 4855. 
v i
i Q Z .
r>
OQ
'jn
m
t
D.1V.4-1
100 STAT. 866 
PUBLIC LAW 99-399—AUG. 27, 1986 
Libya. 
Reports. 
22 u s e 4857. 
pursuant to section 
401(a) (1) or (3) 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 reprogrammings. 
22 use 4856. 
SEC. 406. EFFICIENCY IN CONTRACTING. 
(a) BONUSES AND PENALTIES.—The Director of the Office of Foreign 
Buildings shall provide for a contract system of bonuses and pen-
alties for the diplomatic construction program funded pursuant to 
Reports. 
the authorizations of appropriations provided in this title. Not later 
than 3 months after the date of enactment of this Act, the Director 
V 
shall submit a report to the Congress on the implementation of this 
section. 
(b) SURETY BONDS AND GUARANTEES.—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 guarantee, in such amount as 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. 
SEC. 407. ADVISORY PANEL ON OVERSEAS SECURITY. 
Not later than 90 days after the date of enactment of this Act, the 
Secretary of State shall submit a report to the Congress on the 
implementation of the 91 recommendations contained in the final 
report of the Advisory Panel on Overseas Security. If any such 
recommendation has been rejected, the Secretary shall provide the 
reasons why that recommendation was rejected. 
22 use 4858. 
SEC. 408. TRAINING TO IMPROVE PERIMETER SECURITY AT UNITED 
STATES DIPLOMATIC MISSIONS ABROAD. 
(a) TRAINING.—It is the sense of Congress that the President 
should use the authority under chapter 8 of title II of the Foreign 
22 use 2349aa. 
Assistance Act of 1961 (relating to antiterrorism assistance) to 
improve perimeter security of United States diplomatic missions 
abroad. 
President of U.S. 
(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 perimeter security of United States diplomatic mis-
sions abroad. 
22 use 4859. 
SEC. 409. PROTECTION OF PUBLIC ENTRANCES OF UNITED STATES DIPLO-
MATIC MISSIONS ABROAD. 
The Secretary of State shall install and maintain a walk-through 
metal detector or other advanced screening system at public en-
trances 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 
at the end thereof the following: "In carrying out any duty 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 u s e 4301. 
Department Basic Authorities Act of 1956.". 
;,,;>, jv* 
r ' . n w 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 867 
SEC. 411. REIMBURSEMENT OF THE DEPARTMENT OF THE TREASURY. 
22 USC 4860. 
The Secretary of State shall reimburse the appropriate appropria-
tions account of the Department of the Treasury out of funds 
appropriated pursuant to section 401(a)(1) for the actual costs in-
curred 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.— 
22 USC 4861. 
(1) DIRECTION TO ESTABUSH.—The Congress directs the Sec-
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 "Administra-
tion 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. 
100 STAT. 868 
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 Gen-
eral 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 use 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"). 
a
f 
(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 super-
vision 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 respon-
i: 
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) ABOUSHMENT OF THE INSPECTOR GENERAL OF THE DEPARTMENT 
OF STATE AND THE FOREIGN SERVICE.—Notwithstanding section 209 
vc. , . 
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.". 
22 use 4862. 
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. 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 869 
TITLE V—STATE DEPARTMENT AUTHORITIES TO COMBAT 
INTERNATIONAL TERRORISM 
SEC. 501. REWARDS FOR INTERNATIONAL TERRORISTS. 
22 USC 2708 
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 terror-
ism) 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 Depart-
ment 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 subsec-
tion: 
"(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 juris-
diction 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 individ-
ual'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 re-
wards in connection with the killing of, or the attempt to kill, any 
United States officer or employee, in connection with the perform-
ance of narcotics control duties by such officer or employee, or any 
member of the family of such officer or employee. To ensure that the 
100 STAT. 870 
PUBLIC LAW 99-399—AUG. 27, 1986 
rewards program authorized by this subsection, especially para-
graph (IXAXi), does not duplicate or interfere with the payment of 
informants or the purchase of evidence or information, as au-
* 
thorized to the Department of Justice, the offering, administration, 
and payment of rewards under this subsection, including procedures 
for— 
"(A) identif3dng 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 pajnnent and the approval of pa3rment, 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 
Ante, p. 869. 
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 
Appropriation 
for information described in subsection Ot))(l). In addition to the 
authorization. 
amount authorized by the preceding sentence, there are authorized 
to be appropriated $10,000,000 for fiscal year 1987 for 'Administra-
tion 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 (bXl).". 
(c) CONFORMING AMENDMENTS.—Section 36 of such Act is 
amended— 
(1) in subsection (d), as so redesignated by subsection (aXD, 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 pa3dng 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.". 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 871 
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-TERROR-
ISM" 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 assist-
ance" and inserting in lieu thereof "assistance related to inter-
national 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, domes-
tic security operations, or intelligence activities as defined in Execu-
tive Order 12333.". 
SEC. 
5
0
4
. 
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 relat-
ing to terrorist incidents primarily outside the territorial jurisdic-
tion 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 govern-
ments 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 when-
ever 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. 
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: 
50 use 
401 note. 
22 use 2651 
note. 
Informants. 
22 use 2711. 
Public 
information. 
22 use 2656e. 
Supra. 
22 use 2651 
note. 
100 STAT. 872 
PUBLIC LAW 99-399—AUG. 27, 1986 
22 u s e 2712. 
"SEC. 40. AUTHORITY TO CONTROL CERTAIN TERRORISM-RELATED 
SERVICES. 
"(a) AUTHORITY.—The Secretary of State may, by regulation, 
impose controls on the provision of the services described in subsec-
tion (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 con-
trol 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 con-
trolled under subsection (a) when they are provided within the 
^ 
^'- United States by any individual or entity and when they are pro-
vided 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 
rr ?
: ' 
amended, without prior notice, whenever such action is deemed to 
be advisable. 
"(e) DEFINITIONS.— 
^^^, 
"(1) DESIGNATED FOREIGN GOVERNMENT.—As used in this sec-
'^ -• 
"
*
. 
tion, the term 'designated foreign government' means a foreign 
government that the Secretary of State has determined, for 
purposes of section 6(jXl) of the Export Administration Act of 
50 use app. 
1979, has repeatedly provided support for acts of international 
2405. 
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, partner-
ship, 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 impris-
oned for not more than ten years, or both, for each such offense. 
"(2) INVESTIGATIONS.—The Attorney General and the Sec-
retary of the Treasury shall have authority to investigate viola-
tions of regulations issued under this section. 
PUBLIC LAW 99-399—AUG. 27, 1986 
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 provi-
sions: chapter 2 of this part (relating to grant military assist-
ance), chapter 5 of this part (relating to international military 
education and training), or the Arms Export Control Act (relat-
ing 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 equip-
ment 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.". 
SEC. 508. NONLETHAL AIRPORT SECURITY EQUIPMENT AND COMMOD-
ITIES 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 
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 
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 
Arms and 
munitions. 
22 use 2311. 
22 use 2347. 
22 use 2751 
note. 
President of U.S. 
22 use 2394-1. 
22 u s e 2349aa. 
22 use 2346. 
22 use 2420. 
100 STAT. 874 
PUBLIC LAW 99-399—AUG. 27, 1986 
equipment and commodities, and training in the use of such equip-
ment 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 
22USC2349aa. 
of 1961, in coordination with the Agency for International 
Development. 
SEC. 
5
0
9
. 
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 u s e 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(jXl) 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 u s e 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 Inter-
national 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— 
. > 
<
.
r <
5
c 
(A) to keep to a minimum the amount of weapons-grade 
nuclear material in international transit, and 
'^' 
r-^ '..c' 
(B) to ensure that when any such material is transported 
internationally, it is under the most effective means for 
adequately protecting it from acts or attempted acts of 
>
: >i. 
• / 'S 
!' 
sabotage or theft by terrorist groups or nations; and 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 875 
(4) to seek agreement in the United Nations Security Council 
to establish— 
(A) an effective regime of international sanctions against 
Sanctions, 
any nation or subnational group which conducts or spon-
sors 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. 
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 42USC2i60b. 
NATIONS WHICH HAVE NOT RATIFIED THE CONVENTION ON THE PHYS-
ICAL 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 CONCERN-
ING 
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 
42USC2160C. 
CONCERNING CERTAIN EXPORTS AND SUBSEQUENT ARRANGEMENTS.— 
"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 trans-
fer 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.". 
100 STAT. 876 
PUBLIC LAW 99-399—AUG. 27, 1986 
42 use 2169. 
42 use 2133, 
2184. 
42 use 2168. 
Health and 
medical care. 
Safety. 
Regulations. 
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 Disar-
mament Agency, and the Nuclear Regulatory Commission shall 
each review the adequacy of the physical security standards cur-
rently 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 Disar-
mament 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 comprehen-
sive 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: 
"SEC. 
149. 
FINGERPRINTING 
FOR CRIMINAL 
HISTORY 
RECORD 
CHECKS.— 
"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 Attor-
ney 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 preced-
ing sentence shall be paid by the licensee or applicant. Notwith-
standing 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 obliga-
tions 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; 
PUBLIC LAW 99-399—AUG. 27, 1986 
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 sec-
tion 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 periodi-
cally 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 use 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 begin-
ning 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; 
100 STAT. 878 
PUBLIC LAW 99-399—AUG. 27, 1986 
Germany. 
«. 
(3) the major developed democracies evidenced their commit-
ment to cooperation in the fight against terrorism by the 1978 
Bonn Economic Summit Declaration on Terrorism; and 
Japan. 
(4) that commitment was renewed and strengthened at the 
1986 Tokyo Economic Summit and expressed in a joint state-
ment on terrorism. 
President of U.S. 
(b) INTERNATIONAL ANTITERRORISM COMMITTEE.—The Congress 
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 coopera-
tion of the governments and the public of the participating countries 
and of other countries on the problems and responses to inter-
national 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 combat-
ting international terrorism. 
SEC. 703. PROTECTION OF AMERICANS ENDANGERED BY THE APPEAR-
ANCE 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 Perma-
nent 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 immuni-
ties under the Vienna Convention on Diplomatic Relations, espe-
cially the misuse of diplomatic pouches and diplomatic missions. 
SEC. 705. REPORTS ON PROGRESS IN 
INCREASING MULTILATERAL 
COOPERATION. 
President of U.S. 
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 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 879 
progress being made in achieving the objectives described in those 
sections. 
TITLE VIII—VICTIMS OF TERRORISM COMPENSATION 
Victims of 
Terrorism 
SEC. 801. SHORT TITLE. 
Compensation 
Act. 
This title may be cited as the "Victims of Terrorism Compensation 
5 use 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 pa3mient 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: 
i 
"§ 5569. Benefits for captives 
5 use 5569. 
"(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 
:.U«K 
States rendering personal service to the United States simi-
lar to the service of an individusd in the Civil Service (other 
than as a member of the uniformed services); 
"(2) 'captive status' means a missing status which, as deter-
mined 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 pro- 
,, ^^.r 
vided 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. 
"(bXD 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. 
5 use 5563. 
"(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 
100 STAT. 880 
PUBLIC LAW 99-399—AUG. 27, 1986 
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 use 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 re-
imbursement) 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 enact-
Ante, 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 subsec-
tion 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 
individual was so held. 
"(3) The President— 
"(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 subpara-
graph (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 use 5581. 
"(5) The provisions of subchapter VIII of this chapter (or, in the 
case of any person not covered by such subchapter, similar provi-
sions prescribed by the President) shall apply with respect to any 
amount due an individual under paragraph (1) after such individ-
ual's death. 
5 use 5702. 
President of U.S. 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 881 
"(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 ex-
penses, 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 oper-
ated 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(3XB) of this title. 
"(2XA) In order to respond to special circumstances, the head of an 
agency may pay Ot)y 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 u s e app. 501. 
50 u s e app. 591. 
50 u s e app. 
514-516, 
540-548, 
561-572, 574. 
ehildren and 
youth. 
Education. 
38 u s e 1700 et 
seq. 
5 u s e 5561. 
100 STAT. 882 
PUBLIC LAW 99-399—AUG. 27, 1986 
Regulations. 
38 use 1700 et 
seq., 1770 et seq. 
President of U.S. 
Regulations. 
5 use 5570. 
"(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 oper-
ated 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 full-
time education or training). 
"(4) Regulations prescribed to carry out this subsection shall 
provide that the program under this subsection shall be consistent 
with the assistance program under chapters 35 and 36 of title 38. 
"(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. 
"0") The President may prescribe regulations necessary to admin-
ister this section. 
"(k) Any benefit or pajnnent pursuant to this section shall be paid 
out of funds available for salaries and expenses of the relevant 
agency of the United States. 
"§ 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-^ 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 883 
"(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 use 3968. 
SEC. 805. TRANSITION PROVISIONS. 
5 USC 5569 note. 
(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 
100 STAT. 884 
PUBLIC LAW 99-399—AUG. 27, 1986 
effective date of those subsections, under regulations prescribed by 
the President, 
(c) DEFINITION.—For the purpose of this subsection, "pay and 
c t 
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 use 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 enact-
Ante, 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 use 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 com-
puted 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 proce-
dures 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 
* to be part of the amount due under such section; and 
"(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— 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 885 
"(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 disposi-
tion 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 use 801 et 
Military Justice) that is punishable by dishonorable dis- ««9-
charge, 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) DiSABiUTY 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 
100 STAT. 886 
PUBLIC LAW 99-399—AUG. 27, 1986 
"(2) was a result of the relationship of the dependent to the 
member of the uniformed services. 
"(b) Any compensation otherwise payable to a person under this 
section in connection with any disability or death shall be reduced 
by any amount payable to such person under any other program 
funded in whole or in part by the United States in connection with 
such disability or death, except that nothing in this subsection shall 
result in the reduction of any amount below zero. 
'* ' 
"(c) A determination by the President under subsection (a) is 
conclusive and is not subject to judicial review. 
"(d) In this section: 
"(1) 'Dependent' has the meaning given that term in section 
551 of that title. 
^
* 
"(2) 'Secretary concerned' and 'uniformed services' have the 
meanings given those terms in section 101 of that title.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1051. Disability and death compensation: dependents of members held as 
captives.". 
10 use 1051 
(3) Section 1051 of title 10, United States Code, as added by 
^°^- 
paragraph (1), shall apply with respect to any disability or death 
resulting from an injury that occurs after January 21, 1981. 
(c) MEDICAL BENEFITS.—(1) Chapter 55 of title 10, United States 
Code, is amended by adding at the end thereof the following new 
section: 
10 use 1095. 
"§ 1095. Medical care: members held as captives and their depend-
ents 
"(a) Under regulations prescribed by the President, the Secretary 
, , .; , . ,, 
concerned shall pay (by advancement or reimbursement) any person 
who is a former captive, and any dependent of that person or of a 
person who is in a captive status, for health care and other expenses 
related to such care, to the extent that such care— 
"(1) is incident to the captive status; and 
^. 
p^ 
,,..<., 
1 
•> 
"(2) is not covered— 
"(A) by any other Government medical or health pro-
j. 
gram; or 
"(B) by insurance. 
"(b) In the case of any person who is eligible for medical care 
10 use 1074, 
under section 1074 or 1076 of this title, such regulations shall 
1076. 
require that, whenever practicable, such care be provided in a 
facility of the uniformed services. 
"(c) In this section: 
"(1) 'Captive status' and 'former captive' have the meanings 
given those terms in section 559 of title 37. 
"(2) 'Dependent' has the meaning given that term in section 
551 of that title.". 
(2) The table of sections at the beginning of such chapter is 
iil! I jii 
amended by adding at the end thereof the following new item: 
"1095. Medical care: members held as captives and their dependents.". 
10 use 1095 
(3)(A) Section 1095 of title 10, United States Code, as added by 
note- 
paragraph (1), shall apply with respect to any person whose captive 
status begins after January 21,1981. 
President of U.S. 
(B) The President shall prescribe specific regulations regarding 
Regulations. 
the carrying out of such section with respect to persons whose 
PUBLIC LAW 99-399-AUG. 27, 1986 
100 STAT. 887 
captive status begins during the period beginning on January 21, 
1981, and ending on the effective date of that section. 
(d) EDUCATIONAL ASSISTANCE.—(1) Part III of title 10, United 
States Code, is amended by adding at the end thereof the following 
new chapter: 
"CHAPTER 110—EDUCATIONAL ASSISTANCE FOR MEMBERS 
HELD AS CAPTIVES AND THEIR DEPENDENTS 
"Sec. 
"2181. Definitions. 
"2182. Educational assistance: dependents of captives. 
"2183. Educational assistance: former captives. 
"2184. Termination of assistance. 
^.^ 
"2185. Programs to be consistent with programs administered by the Veterans' 
Administration. 
"§ 2181. Definitions 
1
0 use 2181. 
"In this chapter: 
"(1) 'Captive status' and 'former captive' have the meanings 
given those terms in section 559 of title 37. 
"(2) 'Dependent' has the meaning given that term in section 
551 of that title. 
"§ 2182. Educational assistance: dependents of captives 
1
0 use 2182. 
"(a) Under regulations prescribed by the President, the Secretary 
concerned shall pay (by advancement or reimbursement) a depend-
ent of a person who is in a captive status for expenses incurred, 
while attending an educational or training institution, for— 
"(1) subsistence; 
"(2) tuition; 
"(3)fees; 
'- -
"(4) supplies; 
"(5) books; 
"(6) equipment; and 
"(7) other educational expenses. 
"(b) Except as provided in section 2184 of this title, payments shall Post, p. 888. 
be available under this section for a dependent of a person who is in 
a captive status for education or training that occurs— 
"(1) after that person is in a captive status for not less than 90 
days; and 
S J x*< 
'(2) on or before— 
"(A) the end of any semester or quarter (as appropriate) 
that begins before the date on which the captive status of 
that person terminates; 
"(B) the earlier of the end of any course that began before 
such date or the end of the 16-week period following that 
date if the educational or training institution is not oper-
ated on a semester or quarter system; or 
"(C) a date specified by the Secretary concerned in order 
to respond to special circumstances. 
"(c) If a person in a captive status or a former captive dies and the 
death is incident to the captivity, payments shall be available under 
this section for a dependent of that person for education or training 
that occurs after the date of the death of that person. 
"(d) The provisions of this section shall not apply to any depend-
ent who is eligible for assistance under chapter 35 of title 38 or 38 use 1
7
0
0 et 
similar assistance under any other provision of law. 
«
«
9
-
100 STAT. 888 
PUBLIC LAW 99-399—AUG. 27, 1986 
10 use 2183. 
"§ 2183. Educational assistance: former captives 
"(a) In order to respond to special circumstances, the Secretary 
concerned may pay (by advancement or reimbursement) a person 
who is a former captive for expenses incurred, while attending an 
educational or training institution, for— 
"(1) subsistence; 
. , 
. 
"(2) tuition; 
"(3) fees; 
"(4) supplies; 
"(5) books; 
"(6) equipment; and 
"(7) other educational expenses. 
Infra. 
"(b) Except as provided in section 2184 of this title, payments shall 
be available under this section for a person who is a former captive 
for education or training that occurs— 
'
^ R '* 
"(1) after the termination of the status of that person as a 
captive; and 
"(2) on or before— 
"(A) the end of any semester or quarter (as appropriate) 
f^-. 
that begins before the end of the 10-year period beginning 
on the date on which the status of that person as a captive 
terminates; or 
'' ' 
"
^ 
"(B) if the educational or training institution is not oper-
.; 
ated on a semester or quarter system, the earlier of the end 
of any course that began before such date or the end of the 
16-week period following that date. 
"(c) Payments shall be available under this section only to the 
extent that such payments are not otherwise authorized by law. 
10 use 2184. 
"§2184. Termination of assistance 
' 
"Assistance under this chapter— 
"(1) shall be discontinued for any person whose conduct or 
progress is unsatisfactory under standards consistent with those 
established under section 1724 of title 38; and 
^.^ j c \ 
"(2) may not be provided for any person for more than 45 
months (or the equivalent in other than full-time education or 
training). 
10 use 2185. 
"§ 2185. Programs to be consistent with programs administered by 
the Veterans' Administration 
"Regulations prescribed to carry out this chapter shall provide 
that the programs under this chapter shall be consistent with the 
educational assistance programs under chapters 35 and 36 of title 
38 u s e 1700 et 
38.". 
seq., 1770 et seq. 
(2) The table of chapters at the beginning of subtitle A of such 
title, and the table of chapters at the beginning of part III of such 
subtitle, are amended by inserting after the item relating to chapter 
109 the following new item: 
"110. Educational Assistance for Members Held as Captives and Their De-
pendents 
2181". 
10 use 2181 
(3) Chapter 110 of title 10, United States Code, as added by 
note. 
paragraph (1), shall apply with respect to persons whose captive 
status begins after January 21,1981. 
,,j. . 
(e) ACCOUNT USED FOR PAYMENT OP COMPENSATION FOR VICTIMS OF 
TERRORISM.—(1) Chapter 19 of title 37, United States Code, is amend-
ed by adding at the end thereof the following new section: 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 889 
Effective date. 
5 use 5569 note. 
5 use 5569 note. 
2 use 651. 
International 
Maritime and 
Port Security 
Act 
46 use app. 1801 
note. 
46 u s e app. 
1801. 
"§ 1013. Payment of compensation for victims of terrorism 
37 use ioi3. 
"Any benefit or payment pursuant to section 559 of this title, or Ante, p. 884. 
section 1051 or 1095 or chapter 110 of title 10, shall be paid out of 
funds available to the Secretary concerned for military personnel.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1013. Payment of compensation for victims of terrorism.". 
SEC. 807. REGULATIONS. 
Any regulation required by this title or by any amendment made 
by this title shall take effect not later than 6 months after the date 
of enactment of this Act. 
SEC. 
8
0
8
. 
EFFECTIVE 
DATE 
OF 
ENTITLEMENTS. 
Provisions enacted by this title which provide new spending 
authority described in section 401(c)(2)(C) of the Congressional 
Budget Act of 1974 shall not be effective until October 1, 1986. 
TITLE IX—MARITIME SECURITY 
SEC. 901. SHORT TITLE. 
This title may be cited as the "International Maritime and Port 
Security Act". 
SEC. 902. INTERNATIONAL MEASURES FOR SEAPORT AND SHIPBOARD 
SECURITY. 
The Congress encourages the President to continue to seek agree-
ment through the International Maritime Organization on matters 
of international seaport and shipboard security, and commends him 
on his efforts to date. In developing such agreement, each member 
country of the International Maritime Organization should consult 
with appropriate private sector interests in that country. Such 
agreement would establish seaport and vessel security measures and 
could include— 
(1) seaport screening of cargo and baggage similar to that 
' 
done at airports; 
(2) security measures to restrict access to cargo, vessels, and 
dockside property to authorized personnel only; 
(3) additional security on board vessels; 
(4) licensing or certification of compliance with appropriate 
security standards; and 
(5) other appropriate measures to prevent unlawful acts 
against passengers and crews on board vessels. 
SEC. 903. MEASURES TO PREVENT UNLAWFUL ACTS AGAINST PAS- 46 USC app. 1801 
SENGERS AND CREWS ON BOARD SHIPS. 
note. 
(a) REPORT ON PROGRESS OF IMO.—The Secretary of Transpor-
tation and the Secretary of State, jointly, shall report to the Con-
gress by February 28, 1987, on the progress of the International 
Maritime Organization in developing recommendations on Meas-
ures to Prevent Unlawful Acts Against Passengers and Crews On 
Board Ships. 
(b) CONTENT OF REPORT.—The report required by subsection (a) 
shall include the following information— 
100 STAT. 890 
PUBLIC LAW 99-399—AUG. 27, 1986 
iHt 
President of U.S. 
Reports. 
46 u s e app. 1801 
note. 
Reports. 
46 u s e app. 
1802. 
33 u s e 1226. 
IWl .qua > 
Uniformed 
services. 
(1) the specific areas of agreement and disagreement on the 
recommendations among the member nations of the Inter-
national Maritime Organization; 
(2) the activities of the Maritime Safety Committee, the Facili-
tation Committee, and the Legal Committee of the Inter-
*' 
national Maritime Organization in regard to the proposed 
recommendations; and 
(3) the security measures specified in the recommendations, 
(c) SECURITY MEASURES AT UNITED STATES PORTS.—If the member 
nations of the International Maritime Organization have not final-
ized and accepted the proposed recommendations by February 28, 
1987, the Secretary of Transportation shall include in the report 
required by this section a proposed plan of action (including pro-
posed legislation if necessary) for the implementation of security 
measures at United States ports and on vessels operating from those 
ports based on the assessment of threat from acts of terrorism 
reported by the Secretary of Transportation under section 905. 
SEC. 904. PANAMA CANAL SECURITY. 
Not later than 6 months after the date of enactment of this Act, 
the President shall report to the Congress on the status of physical 
security at the Panama Canal with respect to the threat of 
terrorism. 
SEC. 905. THREAT OF TERRORISM TO UNITED STATES PORTS AND 
VESSELS. 
Not later than February 28, 1987, and annually thereafter, the 
Secretary of Transportation shall report to the Congress on the 
threat from acts of terrorism to United States ports and vessels 
operating from those ports. 
SEC. 906. PORT, HARBOR. AND COASTAL FACILITY SECURITY. 
The Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et 
seq.) is amended by inserting after section 6 the following new 
section: 
"SEC. 7. PORT, HARBOR, AND COASTAL FACILITY SECURITY. 
"(a) GENERAL AUTHORITY.—The Secretary may take actions de-
scribed in subsection (b) to prevent or respond to an act of terrorism 
against— 
"(1) an individual, vessel, or public or commercial structure, 
that is— 
^' 
"(A) subject to the jurisdiction of the United States; and 
^ 
, 
"(B) located within or adjacent to the marine environ-
.'.>i'« 
ment; or 
"(2) a vessel of the United States or an individual on board 
that vessel. 
"(b) SPECIFIC AUTHORITY.—Under subsection (a), the Secretary 
may— 
"(1) carry out or require measures, including inspections, port 
and harbor patrols, the establishment of security and safety 
zones, and the development of contingency plans and proce-
dures, to prevent or respond to acts of terrorism; and 
"(2) recruit members of the Regular Coast Guard and the 
Coast Guard Reserve and train members of the Regular Coast 
Guard and the Coast Guard Reserve in the techniques of 
preventing and responding to acts of terrorism.". 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 891 
SEC. 907. SECURITY STANDARDS AT FOREIGN PORTS. 
46 USC app. 
1803 
(a) 
ASSESSMENT OF SECURITY 
MEASURES.—The Secretary 
of 
Transportation shall develop and implement a plan to assess the 
effectiveness of the security measures maintained at those foreign 
ports which the Secretary, in consultation with the Secretary of 
State, determines pose a high risk of acts of terrorism directed 
against passenger vessels. 
(b) CONSULTATION WITH THE SECRETARY OF STATE.—In carrying out 
subsection (a), the Secretary of Transportation shall consult the 
Secretary of State with respect to the terrorist threat which exists in 
each country and poses a high risk of acts of terrorism directed 
against passenger vessels. 
(c) REPORT OF ASSESSMENTS.—Not later than 6 months after the 
date of enactment of this Act, the Secretary of Transportation shall 
report to the Congress on the plan developed pursuant to subsection 
(a) and how the Secretary will implement the plan. 
(d) DETERMINATION AND NOTIFICATION TO FOREIGN COUNTRY,—If, 
after implementing the plan in accordance with subsection (a), the 
Secretary of Transportation determines that a port does not main-
tain and administer effective security measures, the Secretary of 
State (after being informed by the Secretary of Transportation) shall 
notify the appropriate government authorities of the country in 
which the port is located of such determination, and shall rec-
ommend the steps necessary to bring the security measures in use at 
that port up to the standard used by the Secretary of Transportation 
in making such assessment. 
(e) ANTITERRORISM ASSISTANCE RELATED TO MARITIME SECURITY.— 
The President is encouraged to provide antiterrorism assistance 
related to maritime security under chapter 8 of part II of the 
Foreign Assistance Act of 1961 to foreign countries, especially with 
respect to a port which the Secretary of Transportation determines 
under subsection (d) does not maintain and administer effective 
security measures. 
SEC. 908. TRAVEL ADVISORIES CONCERNING SECURITY AT FOREIGN 
46 USC app. 
PORTS. 
1804. 
(a) TRAVEL ADVISORY.—Upon being notified by the Secretary of 
Transportation that the Secretary has determined that a condition 
exists that threatens the safety or security of passengers, passenger 
vessels, or crew traveling to or from a foreign port which the 
Secretary of Transportation has determined pursuant to section 
907(d) to be a port which does not maintain and administer effective 
security measures, the Secretary of State shall immediately issue a 
travel advisory with respect to that port. Any travel advisory issued 
Federal 
pursuant to this subsection shall be published in the Federal Reg- Register, 
ister. The Secretary of State shall take the necessary steps to widely 
publication. 
publicize that travel advisory. 
(b) LIFTING OF TRAVEL ADVISORY.—The travel advisory required to 
be issued under subsection (a) may be lifted only if the Secretary of 
Transportation, in consultation with the Secretary of State, has 
determined that effective security measures are maintained and 
administered at the port with respect to which the Secretary of 
Transportation had made the determination described in section 
907(d). 
(c) NOTIFICATION TO CONGRESS.—The Secretary of State shall 
immediately notify the Congress of any change in the status of a 
travel advisory imposed pursuant to this section. 
President of U.S. 
22 USC 2349aa. 
.a:iC 
100 STAT. 892 
PUBLIC LAW 99-399—AUG. 27, 1986 
46 u s e app. 
1805. 
President of U.S. 
46 u s e app. 
1806. 
President of U.S. 
Reports. 
46 u s e app. 
1807. 
46 u s e app. 
1808. 
46 u s e app. 
1809. 
Classified 
information. 
SEC. 909. SUSPENSION OF PASSENGER SERVICES. 
(a) PRESIDENT'S DETERMINATION.—Whenever the President deter-
mines that a foreign nation permits the use of territory under its 
jurisdiction as a base of operations or training for, or as a sanctuary 
for, or in any way arms, aids, or abets, any terrorist or terrorist 
group which knowingly uses the illegal seizure of passenger vessels 
or the threat thereof as an instrument of policy, the President may, 
without notice or hearing and for as long as the President deter-
mines necessary to assure the security of passenger vessels against 
unlawful seizure, suspend the right of any passenger vessel common 
carrier to operate to and from, and the right of any passenger vessel 
of the United States to utilize, any port in that foreign nation for 
passenger service. 
(b) PROHIBITION.—It shall be unlawful for any passenger vessel 
common carrier, or any passenger vessel of the United States, to 
operate in violation of the suspension of rights by the President 
under this section. 
(c) PENALTY.—(1) If a person operates a vessel in violation of this 
section, the Secretary of the department in which the Coast Guard is 
operating may deny the vessels of that person entry to United States 
ports. 
(2) A person violating this section is liable to the United States 
Government for a civil penalty of not more than $50,000. Each day a 
vessel utilizes a prohibited port shall be a separate violation of this 
section. 
SEC. 910. SANCTIONS FOR THE SEIZURE OF VESSELS BY TERRORISTS. 
The Congress encourages the President— 
(1) to review the adequacy of domestic and international 
sanctions against terrorists who seize or attempt to seize vessels; 
and 
(2) to strengthen where necessary, through bilateral and 
multilateral efforts, the effectiveness of such sanctions. 
Not later than one year after the date of enactment of this Act, the 
President shall submit a report to the Congress which includes the 
review of such sanctions and the efforts to improve such sanctions. 
SEC. 911. DEFINITIONS. 
For purposes of this title— 
(1) the term "common carrier" has the same meaning given 
such term in section 3(6) of the Shipping Act of 1984 (46 U.S.C. 
App. 1702(6)); and 
(2) the terms "passenger vessel" and "vessel of the United 
States" have the same meaning given such terms in section 
2101 of title 46, United States Code. 
SEC. 912. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $12,500,000 for each of 
the fiscal years 1987 through 1991, to be available to the Secretary of 
Transportation to carry out this title. 
SEC. 913. REPORTS. 
(a) CONSOUDATION.—To the extent practicable, the reports re-
quired under sections 903, 905, and 907 shall be consolidated into a 
single document before being submitted to the Congress. Any classi-
fied material in those reports shall be submitted separately as an 
addendum to the consolidated report. 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 893 
(b) SUBMISSION TO COMMITTEES.—The reports required to be 
submitted to the Congress under this title shall be submitted to the 
Committee on Foreign Affairs and the Committee on Merchant 
Marine and Fisheries of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Commerce, 
Science and Transportation of the Senate. 
TITLE X—FASCELL FELLOWSHIP PROGRAM 
Fascell 
Fellowship Act. 
SEC. 1001. SHORT TITLE. 
22 USC 4901 
This title may be cited as the "Fascell Fellowship Act". 
note. 
SEC. 1002. FELLOWSHIP PROGRAM FOR TEMPORARY SERVICE AT UNITED 
22 USC 4901. 
STATES MISSIONS IN THE SOVIET UNION AND EASTERN 
EUROPE. 
(a) ESTABLISHMENT.—There is hereby established a fellowship pro-
gram pursuant to which the Secretary of State will provide fellow-
ships to United States citizens while they serve, for a period of 
between one and two years, in positions formerly held by foreign 
national employees at United States diplomatic or consular missions 
in the Soviet Union or Eastern European countries. 
(b) DESIGNATION OF FELLOWSHIPS.—Fellowships under this title 
shall be known as "Fascell Fellowships". 
(c) PURPOSE OF THE FELLOWSHIPS.—Fellowships under this title 
shall be provided in order to allow the recipient (hereafter in this 
title referred to as a "Fellow") to serve on a short-term basis at a 
United States diplomatic or consular mission in the Soviet Union or 
an Eastern European country in order to obtain first hand exposure 
to that country, including (as appropriate) independent study in 
Soviet or Eastern European area studies or languages. 
(d) INDIVIDUALS WHO MAY RECEIVE A FELLOWSHIP.—To receive a 
fellowship under this title, an individual must be a United States 
citizen who is an undergraduate or graduate student, a teacher, 
scholar, or other academic, or an other individual, who has expertise 
in Soviet or Eastern European area studies or languages and who 
has a working knowledge of the principal language of the country in 
which he or she would serve. 
(e) WOMEN AND MEMBERS OF MINORITY GROUPS.—In carrying out 
this section, the Secretary of State shall actively recruit women and 
members of minority groups. 
SEC. 1003. FELLOWSHIP BOARD. 
22 USC 4902. 
(a) ESTABLISHMENT AND FUNCTION.—There is hereby established a 
Fellowship Board (hereafter in this title referred to as the "Board"), 
which shall select the individuals who will be eligible to serve as 
Fellows. 
(b) MEMBERSHIP.—The Board shall consist of 9 members as follows: 
(1) A senior official of the Department of State (who shall be 
the chair of the Board), designated by the Secretary of State. 
(2) An officer or employee of the Department of Commerce, 
designated by the Secretary of Commerce. 
(3) An officer or employee of the United States Information 
Agency, designated by the Director of that Agency. 
(4) Six academic specialists in Soviet or Eastern European 
area studies or languages, appointed by the Secretary of State 
(in consultation with the chairman and ranking minority 
member of the Committee on Foreign Affairs of the House of 
100 STAT. 894 
PUBLIC LAW 99-399—AUG. 27, 1986 
Representatives and the chairman and ranking minority of the 
Committee on Foreign Relations of the Senate). 
(c) MEETINGS.—The Board shall meet at least once each year to 
select the individuals who will be eligible to serve as Fellows. 
(d) COMPENSATION AND PER DIEM.—Members of the Board shall 
receive no compensation on account of their service on the Board, 
but while away from their homes or regular places of business in the 
- 
performance of their duties under this title, may be allowed travel 
expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in the Government 
service are allowed expenses under section 5703 of title 5 of the 
United States Code. 
22 use 4903. 
SEC. 1004. FELLOWSHIPS. 
(a) NUMBER.—Up to 100 fellowships may be provided under this 
title each year. 
(h) REMUNERATION AND PERIOD.—The Board shall determine, 
taking into consideration the position in which each Fellow will 
serve and his or her experience and expertise— 
(1) the amount of remuneration the Fellow will receive for his 
or her service under this title, and 
(2) the period of the fellowship, which shall be between one 
and two years. 
(c) TRAINING.—Each Fellow may be given appropriate training at 
the Foreign Service Institute or other appropriate institution. 
(d) HOUSING AND TRANSPORTATION.—The Secretary of State shall, 
pursuant to regulations— 
(1) provide housing for each Fellow while the Fellow is serving 
abroad, including (where appropriate) housing for family mem-
bers; and 
(2) pay the costs and expenses incurred by each Fellow in 
traveling between the United States and the country in which 
the Fellow serves, including (where appropriate) travel for 
family members. 
(e) EFFECTIVE DATE.—Subsection (d) of this section shall not take 
effect until October 1,1986. 
22 use 4904. 
SEC. 1005. SECRETARY OF STATE. 
(a) DETERMINATIONS.—The Secretary of State shall determine 
which of the individuals selected by the Board will serve at each 
United States diplomatic or consular mission in the Soviet Union or 
Eastern Europe and the position in which each will serve. 
(b) AUTHORITIES.—Such service shall be in accordance with the 
22 use 3901 
relevant authorities of the Foreign Service Act of 1980, the State 
note- 
Department Basic Authorities Act of 1956, and title 5 of the United 
22 use 2651 
States Code. 
(c) FUNDING.—Funds appropriated to the Department of State for 
"Salaries and Expenses" shall be used for the expenses incurred in 
canying out this title. 
TITLE XI—SECURITY AT MILITARY BASES ABROAD 
10 use 133 note. SEC. 1101. FINDINGS. 
The Congress finds that— 
(1) there is evidence that terrorists consider bases and 
installations of United States Armed Forces outside the United 
States to be targets for attack; 
, 
- - :i: i 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 895 
(2) more attention should be given to the protection of mem-
bers of the Armed Forces, and members of their families, 
stationed outside the United States; and 
(3) current programs to educate members of the Armed 
Forces, and members of their families, stationed outside of the 
United States to the threats of terrorist activity and how to 
protect themselves should be substantially expanded. 
SEC. 1102. RECOMMENDED ACTIONS BY THE SECRETARY OF DEFENSE. 
10 USC 133 note. 
It is the sense of the Congress that— 
(1) the Secretary of Defense should review the security of each 
base and installation of the Department of Defense outside the 
j. United States, including the family housing and support activi-
ties of each such base or installation, and take the steps the 
Secretary considers necessary to improve the security of such 
bases and installations; and 
(2) the Secretary of Defense should institute a program of 
training for members of the Armed Forces, and for members of 
their families, stationed outside the United States concerning 
security and antiterrorism. 
SEC. 1103. REPORT TO THE CONGRESS. 
10 USC 133 note. 
No later than June 30, 1987, the Secretary of Defense shall report 
to the Congress on any actions taken by the Secretary described in 
section 1102. 
TITLE XII—CRIMINAL PUNISHMENT OF INTERNATIONAL 
TERRORISM 
SEC. 1201. ENCOURAGEMENT FOR NEGOTIATION OF A CONVENTION. 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that the 
President of U.S. 
President should establish a process to encourage the negotiation of 
an international convention to prevent and control all aspects of 
international terrorism. 
(b) RELATION TO EXISTING INTERNATIONAL CONVENTIONS.—Such 
convention should address the prevention and control of inter-
national terrorism in a comprehensive fashion, taking into consider-
ation matters not covered by— 
(1) the Convention for the Suppression of Unlawful Seizure of 
Aircraft (the Hague, December 16, 1970; 22 U.S.T. 1641, TIAS 
7192); 
(2) the Convention for the Suppression of Unlawful Acts 
Against the Safety of Civil Aviation (Montreal, September 23, 
1971; 24 U.S.T. 564, TIAS 7570); 
(3) the Convention on the Prevention and Punishment of 
Crimes Against Internationally Protected Persons (New York, 
December 14,1973; 28 U.S.T. 1975, TIAS 8532); 
(4) the Convention Against the Taking of Hostages (New 
York, December 17, 1979; XVIII International Legal Materials 
f 
1457); 
(5) the Convention on the Physical Protection of Nuclear 
Materials (October 26, 1979; XVIII International Legal Mate-
rials 1419); and 
(6) the Convention on Offenses and Certain Other Acts 
Committed on Board Aircraft (Tokyo, September 14, 1963; 20 
U.S.T. 2941, TIAS 6768). 
100 STAT. 896 
PUBLIC LAW 99-399—AUG. 27, 1986 
(c) WHAT THE CONVENTION SHOULD PROVIDE.—Such convention 
should provide— 
(1) an expHcit definition of conduct constituting terrorism; 
I 
(2) effective close intelligence-sharing, joint counterterrorist 
training, and uniform rules for asylum and extradition for 
perpetrators of terrorism; and 
(3) effective criminal penalties for the swift punishment of 
perpetrators of terrorism. 
(d) CONSIDERATION OF AN INTERNATIONAL TRIBUNAL.—The Presi-
dent should also consider including on the agenda for these negotia-
tions the possibility of eventually establishing an international 
tribunal for prosecuting terrorists. 
SEC. 1202. EXTRATERRITORIAL CRIMINAL JURISDICTION OVER TERROR-
IST CONDUCT. 
(a) IN GENERAL.—Part I of title 18, United States Code, is amended 
by inserting after chapter 113 the following: 
"CHAPTER 
113A—EXTRATERRITORIAL 
JURISDICTION 
OVER 
TERRORIST 
ACTS ABROAD 
AGAINST 
UNITED 
STATES NATIONALS 
18 use 2331. 
"§ 2331. Terrorist acts abroad against United States nationals 
"(a) HOMICIDE.—Whoever kills a national of the United States, 
while such national is outside the United States, shall— 
"(1) if the killing is a murder as defined in section 1111(a) of 
this title, be fined under this title or imprisoned for any term of 
years or for life, or both so fined and so imprisoned; 
"(2) if the killing is a voluntary manslaughter as defined in 
section 1112(a) of this title, be fined under this title or impris-
oned not more than ten years, or both; and 
"(3) if the killing is an involuntary manslaughter as defined 
in section 1112(a) of this title, be fined under this title or 
i 
imprisoned not more than three years, or both. 
"(b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.—Who-
ever outside the United States attempts to kill, or engages in a 
conspiracy to kill, a national of the United States shall— 
"(1) in the case of an attempt to commit a killing that is a 
murder as defined in this chapter, be fined under this title or 
imprisoned not more than 20 years, or both; and 
"(2) in the case of a conspiracy by two or more persons to 
commit a killing that is a murder as defined in section 1111(a) of 
this title, if one or more of such persons do any overt act to 
effect the object of the conspiracy, be fined under this title or 
imprisoned for any term of years or for life, or both so fined and 
so imprisoned. 
"(c) OTHER CONDUCT.—Whoever outside the United States engages 
in physical violence— 
"(1) with intent to cause serious bodily injury to a national of 
the United States; or 
"(2) with the result that serious bodily injury is caused to a 
national of the United States; 
shall be fined under this title or imprisoned not more than five 
years, or both. 
"(d) DEFINITION.—As used in this section the term 'national of the 
United States' has the meaning given such term in section 101(a)(22) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 897 
"(e) LIMITATION ON PROSECUTION.—No prosecution for any offense 
described in this section shall be undertaken by the United States 
except on written certification of the Attorney Genera^ or the 
highest ranking subordinate of the Attorney General with respon-
sibility for criminal prosecutions that, in the judgment of the certify-
ing official, such offense was intended to coerce, intimidate, or 
retaliate against a government or a civilian population.". 
(b) CLERICAL AMENDMENT.—The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 113, the following new item: 
"113A. Extraterritorial jurisdiction over terrorist acts abroad against 
United States nationals.". 
TITLE XIII—MISCELLANEOUS PROVISIONS 
SEC. 1301. PEACE CORPS AUTHORIZATION OF APPROPRIATIONS. 
Section 3 of the Peace Corps Act is amended by amending subsec- 
22 USC 2502. 
tion (b) to read as follows: 
"(b) There are authorized to be appropriated to carry out the 
purposes of this Act $130,000,000 for the fiscal year 1986 and 
$137,200,000 for the fiscal year 1987.". 
SEC. 1302. DEMONSTRATIONS AT EMBASSIES IN THE DISTRICT OF 
COLUMBIA. 
It is the sense of the Congress that— 
(1) the District of Columbia law concerning demonstrations 
near foreign missions in the District of Columbia (D.C. Code, sec. 
22-1115) may be inconsistent with the reasonable exercise of the 
rights of free speech and assembly, that law may have been 
selectively enforced, and peaceful demonstrators may have been 
unfairly arrested under that law; 
(2) the obligation of the United States to provide adequate 
security for the missions and personnel of foreign governments 
must be balanced with the reasonable exercise of the rights of 
^ 
free speech and assembly; and 
'^ 
(3) therefore, the Council of the District of Columbia should 
review and, if appropriate, make revisions in the laws of the 
District of Columbia concerning demonstrations near foreign 
missions, in consultation with the Secretary of State and the 
Secretary of the Treasury. 
SEC. 1303. KURT WALDHEIM'S RETIREMENT ALLOWANCE. 
(a) FINDINGS.—The Congress finds that— 
(1) Kurt Waldheim's misrepresentations about his past en-
abled him to rise to the position of Secretary General of the 
United Nations; 
(2) Kurt Waldheim currently receives $81,650 a year £is a 
retirement allowance for his service in that position; and 
'• 
(3) Kurt Waldheim's misrepresentations went to matters that 
lie at the very heart of the purposes of the United Nations. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress that 
the President should instruct the Permanent Representative of the 
United States to the United Nations to act to amend the 1986-1987 
Regular Program Budget to eliminate funding of Kurt Waldheim's 
retirement allowance and to act to deny Kurt Waldheim a retire-
ment allowance in all future budgets. 
71-19A 0 - 8 9 - 3 1 
: Q
L 3 Parti 
100 STAT. 898 
PUBLIC LAW 99-399—AUG. 27, 1986 
SEC. 1304. ERADICATION OF AMBLYOMMA VARIEGATUM. 
Animals. 
Section 103(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151a(a)) is amended by adding after paragraph (2) the following 
new paragraph: 
"(3) Of the amounts authorized to be appropriated in paragraph 
(2) for the fiscal year 1987, not less than $2,000,000 shall be available 
only for the purpose of controlling and eradicating amblyomma 
variegatum (heartwater) in bovine animals in the Caribbean.". 
SEC. 1305. STRENGTHEN FOREIGN LANGUAGE SKILLS. 
It is the sense of the Congress that the Secretary of State should 
substantially strengthen the foreign language training of Foreign 
Service officers and other United States diplomatic personnel who 
may serve in embassies overseas, and to work toward early im-
plementation of a program focusing on acquisition and retention of 
effective linguistic skills the careers of United States diplomatic 
^ 
personnel. 
SEC. 1306. FORFEITURE OF PROCEEDS DERIVED FROM ESPIONAGE 
ACTIVITIES. 
(a) GATHERING, TRANSMITTING, OR LOSING DEFENSE INFORMA-
TION.—Section 793 of title 18, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(hXD Any person convicted of a violation of this section shall 
forfeit to the United States, irrespective of any provision of State 
law, any property constituting, or derived from, any proceeds the 
person obtained, directly or indirectly, from any foreign govern-
ment, or any faction or party or military or naval force within a 
foreign country, whether recognized or unrecognized by the United 
States, as the result of such violation. 
"(2) The court, in imposing sentence on a defendant for a convic-
tion of a violation of this section, shall order that the defendant 
forfeit to the United States all property described in paragraph (1) of 
this subsection. 
"(3) The provisions of subsections (b), (c), and (e) through (o) of 
section 413 of the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(o)) shall apply to— 
"(A) property subject to forfeiture under this subsection; 
"(B) any seizure or disposition of such property; and 
"(C) any administrative or judicial proceeding in relation to 
such property, 
if not inconsistent with this subsection. 
"(4) Notwithstanding section 524(c) of title 28, there shall be 
deposited in the Crime Victims Fund in the Treasury all amounts 
from the forfeiture of property under this subsection remaining 
after the payment of expenses for forfeiture and sale authorized by 
law.". 
O
t
)
) GATHERING OR DELIVERING DEFENSE INFORMATION TO AID FOR-
EIGN GOVERNMENT.—Section 794 of title 18, United States Code, is 
amended by adding at the end thereof the following new subsection: 
"(d)(1) Any person convicted of a violation of this section shall 
forfeit to the United States irrespective of any provision of State 
law— 
"(A) any property constituting, or derived from, any proceeds 
the person obtained, directly or indirectly, as the result of such 
violation, and 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 899 
"(B) any of the person's property used, or intended to be used, 
in any manner or part, to commit, or to facilitate the commis-
sion of, such violation. 
"(2) The court, in imposing sentence on a defendant for a convic-
tion of a violation of this section, shall order that the defendant 
forfeit to the United States all property described in paragraph (1) of 
this subsection. 
"(3) The provisions of subsections (b), (c) and (e) through (o) of 
section 413 of the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(o)) shall apply to— 
"(A) property subject to forfeiture under this subsection; 
"(B) any seizure or disposition of such property; and 
"(C) any administrative or judicial proceeding in relation to 
such property, 
if not inconsistent with this subsection. 
"(4) Notwithstanding section 524(c) of title 28, there shall be 
deposited in the Crime Victims Fund in the Treasury all amount 
from the forfeiture of property under this subsection remaining 
after the payment of expenses for forfeiture and sale authorized by 
law.". 
(c) ORDER OF SPECIAL FORFEITURE.—Subsection (a) of section 3671 
of title 18, United States Code, is amended by inserting after 
"conviction of a defendant for" the following: "an offense under 
section 794 of this title or for". 
SEC. 1307. EXPRESSION OF SUPPORT OF ACTIVITIES OF THE UNITED 
STATES TELECOMMUNICATIONS TRAINING INSTITUTE. 
Nothing in this Act, the Communications Act of 1934, or any other 
Act, shall be construed to preclude the Department of State, the 
United States Agency for International Development, or the United 
States Information Agency from participation in support of any 
activities of the United States Telecommunications 
Training 
Institute (including use of staff, other appropriate resources and 
service on the board of the Institute). 
SEC. 1308. POLICY TOWARD AFGHANISTAN. 
(a) FINDINGS.—The Congress finds that— 
(1) the Soviet Union invaded the sovereign territory of 
Afghanistan on December 27, 1979, and continues to occupy and 
attempt to subjugate that nation through the use of force, 
relying upon a puppet regime and an occupying army of an 
estimated 120,000 Soviet troops; 
(2) the outrageous and barbaric treatment of the people of 
Afghanistan by the Soviet Union is repugnant to all freedom-
loving peoples as reflected in seven United Nations resolutions 
of condemnation, violates all standards of conduct befitting a 
responsible nation, and contravenes all recognized principles of 
international law; 
(3) the Special Rapporteur of the United Nations Commission 
on Human Rights, in his November 5, 1985, report to the 
General Assembly, concludes that "v/hole groups of persons and 
tribes are endangered in their existence and in their lives 
^ 
because their living conditions are fundamentally affected by 
the kind of warfare being waged" and that the "Government of 
Afghanistan, with heavy support from foreign [Soviet] troops, 
i* 
acts with great severity against opponents or suspected oppo-
nents of the regime without any respect for human rights 
Ante, p. 898. 
47 u s e 609. 
Union of Soviet 
Socialist 
Republics. 
Human rights. 
100 STAT. 900 
PUBLIC LAW 99-399—AUG. 27, 1986 
President of U.S. 
State of the 
Union Address. 
Public 
information. 
f 
obligations" including "use of antipersonnel mines and of so-
called toy bombs" and "the indiscriminate mass killings of 
civilians, particularly women and children"; 
(4) the Special Rapporteur also concludes that the war in 
Afghanistan has been characterized by "the most cruel methods 
of warfare and by the destruction of large parts of the country 
which has affected the conditions of life of the population, 
destabilizing the ethnic and tribal structure and disrupting 
family units" and that the "demographic structure of the coun-
try has changed, since over 4 million refugees from all provinces 
and all classes have settled outside the country and thousands 
of internal refugees have crowded into the cities like Kabul"; 
37 
(5) the United Nations General Assembly, in a recorded vote 
of 80-22 on December 13, 1985, accepted the findings of the 
Special Rapporteur and deplored the refusal of Soviet-led 
: • 
Afghan officials to cooperate with the United Nations, and 
expressed "profound distress and alarm" at "the widespread 
violations of the right to life, liberty, and security of person, 
including the commonplace practice of torture and summary 
executions of the regime's opponents, as well as increasing 
evidence of a policy of religious intolerance"; 
(6) in a subsequent report of the Special Rapporteur of Feb-
ruary 14, 1986, the Special Rapporteur found that "The only 
solution to the human rights situation in Afghanistan is the 
withdrawal of the foreign troops" and that "Continuation of the 
military solution will, in the opinion of the Special Rapporteur, 
lead inevitably to a situation approaching Genocide, which the 
traditions and culture of this noble people cannot permit"; 
(7) the Soviet invasion of Afghanistan caused the United 
States to postpone indefinitely action on the SALT II Treaty in 
1979, and the presence of Soviet troops in that country today 
continues to adversely affect the prospects for long-term 
improvement of the United States-Soviet bilateral relationship 
in many fields of great importance to the global community; 
(8) the Soviet leadership appears to be engaged in a calculated 
policy of raising hopes for a withdrawal of Soviet troops from 
Afghanistan in the apparent belief that words will substitute 
for genuine action in shaping world opinion; and 
(9) President Reagan, in his F'ebruary 4, 1986, State of the 
Union Address promised the Afghan people that "America will 
support with moral and material assistance your right not just 
to fight and die for freedom, but to fight and win freedom". 
(b) POLICY.—(1) It is the sense of the Congress that the United 
States, so long as Soviet military forces occupy Afghanistan, should 
support the efforts of the people of Afghanistan to regain the 
sovereignty and territorial integrity of their nation through— 
(A) the appropriate provisions of material support; 
(B) renewed multilateral initiatives aimed at encouraging 
Soviet military withdrawal, the return of an independent and 
nonaligned status to Afghanistan, and a peaceful political 
settlement acceptable to the people of Afghanistan, which in-
cludes provision for the return of Afghan refugees in safety and 
dignity; 
(C) a continuous and vigorous public information campaign to 
bring the facts of the situation in Afghanistan to the attention 
^ji 
of the world; 
_, 
_ 
_. 
. ,,. 
^ «„ 
PUBLIC LAW 99-399—AUG. 27, 1986 
100 STAT. 901 
(D) frequent efforts to encourage the Soviet leadership and 
the Soviet-backed Afghan regime to remove the barriers erected 
against the entry into and reporting of events in Afghanistan by 
international journalists; and 
(E) vigorous efforts to impress upon the Soviet leadership the 
penalty that continued military action in Afghanistan imposes 
upon the building of a long-term constructive relationship with 
the United States, because of the negative effect that Soviet 
policies in Afghanistan have on attitudes toward the Soviet 
Union among the American people and the Congress. 
'
^
* * 
(2) It is further the sense of the Congress that the Secretary of Reports. 
State should— 
(A) determine whether the actions of Soviet forces against the 
people of Afghanistan constitute the international crime of 
Genocide as defined in Article II of the International Conven-
tion on the Prevention and Punishment of the Crime of Geno-
cide, signed on behalf of the United States on December 11, 
1948, and, if the Secretary determines that Soviet actions may 
constitute the crime of genocide, he shall report his findings to 
.J 
the President and the Congress, along with recommended ac-
tions; and 
(B) review United States policy with respect to the continued 
recognition of the Soviet puppet government in Kabul to deter-
mine whether such recognition is in the interest of the United 
States. 
Approved August 27, 1986. 
LEGISLATIVE HISTORY—H.R. 4151: 
HOUSE REPORTS: No. 99-494 (Ctomm. on Foreign Affairs) and No. 99-783 (Comm. of 
Conference). 
SENATE REPORTS: No. 99-304 (C!omm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Mar. 18, considered and passed House. 
June 25, considered £uid passed Senate, amended. 
Aug. 12, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Aug. 27, Presidential statement.