[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.''.
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