Secure Embassy Construction and Counterterrorism Act of 1999 - Establishes within the Treasury an embassy construction and security account for the purpose of constructing, or providing security upgrades to, U.S. diplomatic facilities in order to meet specified security requirements, including that: (1) threat assessments such as the Emergency Action Plan and the Composite Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, that all U.S. Government agencies (except military installations) be located on the same compound; (3) each newly constructed or acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate Department of State and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) there is adequate Department of State support for the Foreign Emergency Support Team; (6) the Secretary of State enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S. diplomatic facilities; and (7) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. Authorizes appropriations.
(Sec. 5) Directs the Secretary of State to report to Congress an identification of U.S. diplomatic facilities that are most vulnerable to terrorist attack, setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. Requires account funds allocated for construction of new embassies to be used to rebuild only those embassies in the top three tiers.
(Sec. 7) Directs the Secretary to review, and report to Congress on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas.
(Sec. 8) Directs the Secretary to report to Congress on the role and function of each U.S. diplomatic facility through 2010.
(Sec. 9) Amends the State Department Basic Authorities Act of 1956 to authorize the President to award an overseas service star to any member of the Foreign Service or any other civilian Government employee who while employed at, or assigned permanently or temporarily to, an official mission overseas, or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not resulting in death): (1) as the person was performing official duties; (2) as the person was on the premises of a U.S. mission abroad; or (3) by reason of the person's status as a U.S. Government employee. Specifies award requirements.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 679
To authorize appropriations to the Department of State for construction
and security of United States diplomatic facilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 1999
Mr. Grams introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To authorize appropriations to the Department of State for construction
and security of United States diplomatic facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Embassy Construction and
Counterterrorism Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 17, 1998, two United States embassies in
Nairobi, Kenya, and in Dar Es Salaam, Tanzania, were destroyed
by simultaneously exploding bombs. The resulting explosions
killed 220 persons and injured more than 4,000 others. Twelve
Americans and 40 Kenyan and Tanzanian employees of the United
States Foreign Service were killed in the attack.
(2) The United States personnel in both Dar Es Salaam and
Nairobi showed leadership and personal courage in their
response to the attacks. Despite the havoc wrecked upon the
embassies, staff in both embassies provided rapid response in
locating and rescuing victims, providing emergency assistance,
and quickly restoring embassy operations during a crisis.
(3) The bombs are believed to have been set by individuals
associated with Osama bin Laden, leader of a known
transnational terrorist organization. In February of 1998 Bin
Laden issued a directive to his followers that called for
attacks against American interests anywhere in the world.
(4) Following the bombings, additional threats have been
made against United States diplomatic facilities.
(5) A review board was convened following the bombings, as
required by Public Law 99-399. The panel was chaired by Admiral
William J. Crowe, United States Navy (Ret).
(6) The conclusions of the Crowe panel are strikingly
similar to those stated by the Inman Commission, which issued
an extensive embassy security report more than 14 years ago.
(7) Admiral Crowe's panel issued a report setting out the
following two striking problems:
(A) The United States has devoted inadequate
resources towards security against terrorist attacks.
(B) The United States Government places too low a
priority on security concerns. The result has been a
failure to take adequate steps to prevent tragedies
such as the bombings in Kenya and Tanzania.
(8) The Crowe panel found that there was an institutional
failure on the part of the Department of State and embassies
under its direction, to recognize threats posed by
transnational terrorism and vehicular bombs.
(9) Responsibility for obtaining adequate resources for
security programs is widely shared throughout the United States
Government, including Congress. Unless the vulnerabilities
identified in the Crowe report are addressed in a sustained and
financially realistic manner, the lives and safety of United
States employees in diplomatic facilities will continue to be
at risk from further terrorist attacks.
(10) Although service in the Foreign Service or other
Government positions in foreign countries can never be
completely without risk, the United States must ensure that the
risks are kept to a minimum.
SEC. 3. UNITED STATES DIPLOMATIC FACILITY DEFINED.
In this Act, the term ``United States diplomatic facility'' means
any embassy, chancery, legation, consulate or other office building or
structure used by a United States diplomatic mission or consular post
or by any agency of the United States.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authority.--The Secretary of State may use funds available
under the account established in subsection (b) for the purposes of
constructing, or providing security upgrades to, United States
diplomatic facilities in order to meet the security requirements set
forth in section 6.
(b) Establishment of Account.--There is established in the general
fund of the Treasury of the United States an appropriations account for
the Department of State which shall be known as the ``Embassy
Construction and Security'' account.
(c) Certification.--Prior to obligation of any amount from the
Embassy Construction and Security account, the Secretary of State shall
certify to Congress, in classified form, that construction or upgrading
of the United States diplomatic facility is necessary to bring the
United States into compliance with all applicable security
requirements, including those requirements set forth in section 6.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of State under ``Embassy Construction and
Security''--
(A) for fiscal year 2000, $600,000,000;
(B) for fiscal year 2001, $600,000,000;
(C) for fiscal year 2002, $600,000,000;
(D) for fiscal year 2003, $600,000,000; and
(E) for fiscal year 2004, $600,000,000.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
SEC. 5. OBLIGATION OF FUNDS.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit a classified report to
Congress containing an identification of those United States diplomatic
facilities that are most vulnerable to terrorist attack and setting
out, in tiers of 20, those facilities from the most to the least
vulnerable to such an attack.
(b) Priority of Rebuilding Efforts.--Funds in the Embassy
Construction and Security account allocated for construction of new
embassies shall be used to rebuild only those embassies in the top
three tiers, as designated by the Secretary of State.
(c) Advanced Congressional Notifications.--Prior to obligation of
funds in the Embassy Construction and Security account, or the
reprogramming of funds out of that account, the Secretary of State
shall notify the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives in
accordance with section 34(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2706(a)), of the Secretary's intent to obligate
or reprogram the funds, as the case may be.
SEC. 6. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.
(a) Description of Requirements.--The following security
requirements shall apply with respect to United States diplomatic
facilities:
(1) Threat assessments.--
(A) The Emergency Action Plan (EAP) of each United
States mission shall address threats from large
vehicular bombs and transnational terrorism.
(B) The ``Composite Threat List'' shall contain a
section that addresses acts of international terrorism
against United States diplomatic facilities based on
criteria for identifying threats that emphasize the
threat of transnational terrorism and includes such
other criteria as the physical security environment,
host government support, and cultural realities.
(2) Site selection.--
(A) In selecting sites for new United States
diplomatic facilities abroad, all United States
Government agencies (except military installations)
shall be located on the same compound.
(B) The Secretary of State and the relevant agency
head may waive subparagraph (A) if the Secretary and
the agency head jointly certify to Congress that
security requirements so permit.
(C) Any waiver under this paragraph shall be
exercised only in accordance with the procedures
applicable to reprogramming notifications under section
34 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706).
(3) Perimeter distance.--Each newly constructed or acquired
United States diplomatic facility shall be sited not less than
100 feet from the perimeter of the property on which the
facility is situated.
(4) Crisis management training.--
(A) The appropriate personnel of the Department of
State shall undertake crisis management training for
mass casualty and mass destruction incidents relating
to diplomatic facilities which are designed to bring
about a rapid response to such incidents from
Department of State headquarters in Washington, D.C.
(B) A program of appropriate instruction in crisis
management shall be provided to personnel at United
States diplomatic facilities abroad.
(5) Foreign emergency support team.--The Foreign Emergency
Support Team (FEST) of the Department of State shall receive
sufficient support from the Department, including--
(A) conducting routine training exercises through
the FEST;
(B) providing personnel identified to serve on the
FEST as a collateral duty;
(C) providing personnel to assist in medical
relief, public affairs, engineering, and building
safety; and
(D) providing such additional support as may be
necessary to enable the FEST to provide support in a
post-crisis environment involving mass casualties and
physical damage.
(6) Rapid response procedures.--The Secretary of State
shall enter into a memorandum of understanding with the
Secretary of Defense setting out rapid response procedures for
mobilization of personnel and equipment of their respective
departments to provide more effective assistance in times of
emergency with respect to United States diplomatic facilities.
(7) Storage of emergency equipment and records.--All United
States diplomatic missions shall have emergency equipment and
records stored at a secure off-site facility.
(b) Review and Revision by the Secretary of State.--The Secretary
of State shall review and revise security requirements in effect for
United States diplomatic facilities as of the date of enactment of this
Act to ensure their compliance with the security requirements described
in subsection (a).
SEC. 7. CLOSURE OF VULNERABLE POSTS.
(a) Review.--The Secretary of State shall review the findings of
the Overseas Presence Advisory Panel.
(b) Report.--
(1) In general.--Not later than January 1, 2000, the
Secretary of State shall submit a report to Congress in
classified form setting forth the results of the review
conducted under subsection (a).
(2) Elements of the report.--The report shall--
(A) specify whether any United States diplomatic
facility should be closed because--
(i) the facility is high vulnerability and
subject to threat of terrorist attack; and
(ii) adequate security enhancements cannot
be provided to the facility; and
(B) identify plans to provide secure premises for
permanent use by the United States diplomatic mission,
whether in country or in a regional United States
diplomatic facility, or for temporary occupancy pending
construction of new buildings.
SEC. 8. CURRENT AND PROJECTED ROLE AND FUNCTION OF EACH UNITED STATES
DIPLOMATIC FACILITY.
Not later than January 1, 2000, the Secretary of State shall submit
a report to Congress, in classified and unclassified form, on the role
and function of each United States diplomatic facility through 2010.
The report shall describe--
(1) the potential for reduction or transfer of personnel
and equipment if technology is adequately exploited for maximum
efficiencies;
(2) the balance between the cost of maintaining a secure
United States diplomatic facility and the benefit of a United
States presence;
(3) the potential for relying on regional United States
diplomatic facilities in certain parts of the world; and
(4) necessary upgrades, in order of importance, for such
facilities.
SEC. 9. OVERSEAS SERVICE STAR.
The State Department Basic Authorities Act of 1956 is amended by
inserting after section 36 (22 U.S.C. 2708) the following new section:
``SEC. 36A. THE OVERSEAS SERVICE STAR.
``(a) Authority.--The President, upon the recommendation of the
Secretary, may award an overseas service star to any member of the
Foreign Service or any other civilian employee of the Government of the
United States who, after August 1, 1998, while employed at, or assigned
permanently or temporarily to, an official mission overseas or while
traveling abroad on official business, incurred a wound or other injury
or an illness (whether or not the wound, other injury, or illness
resulted in death)--
``(1) as the person was performing official duties;
``(2) as the person was on the premises of a United States
mission abroad; or
``(3) by reason of the person's status as a United States
Government employee.
``(b) Cases Resulting From Unlawful Conduct.--Cases covered by
subsection (a) include cases of wounds or other injuries incurred as a
result of terrorist or military action, civil unrest, or criminal
activities directed at any facility of the Government of the United
States.
``(c) Selection Criteria.--The Secretary shall prescribe the
procedures for identifying and considering persons eligible for award
of an overseas service star and for selecting the persons to be
recommended for the award.
``(d) Award in the Event of Death.--If a person selected for award
of an overseas service star dies before being presented the award, the
award may be made and the star presented to the person's family or to
the person's representative, as designated by the President.
``(e) Form of Award.--The Secretary shall prescribe the design of
the overseas service star. The award may not include a stipend or any
other cash payment.
``(f) Funding.--
``(1) Any expenses incurred for awarding a person an
overseas service star may be paid out of appropriations
available at the time of the award for personnel of the
department or agency of the United States Government in which
the person was employed when the person incurred the wound,
injury, or illness upon which the award is based.
``(2) Limitation.--No funds may be made available under
this section for cash payments to recipients.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3125-3126)
Read twice and referred to the Committee on Foreign Relations.
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