A bill to provide enhanced diplomatic security and combat international terrorism, and for other purposes.
Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 - Title I: Diplomatic Security - Declares that titles I through IV of this Act may be cited as the Diplomatic Security Act.
Directs the Secretary of State (the Secretary) to develop and implement policies and programs to: (1) protect all civilian U.S. personnel on official duty abroad and their dependents; (2) establish and operate security functions at all civilian U.S. missions abroad; (3) establish and operate security functions at all State Department facilities in the United States; and (4) protect foreign missions, international organizations, foreign officials, and other foreign persons in the United States.
Requires the Secretary to: (1) coordinate all U.S. personnel assigned to U.S. missions abroad (other than military installations) pursuant to Federal authorization; and (2) establish appropriate overseas staffing levels for all such missions for all Federal agencies with activities abroad (except for military installations).
Establishes within the Department of State a Bureau of Diplomatic Security to be headed by the Assistant Secretary for Diplomatic Security. Increases the number of Assistant Secretaries of State from 14 to 15. Sets forth the duties of the Assistant Secretary for Diplomatic Security. Requires other Federal agencies to cooperate to the maximum extent possible with the Secretary in carrying out security functions at U.S. missions abroad.
Requires the Secretary within two months of enactment of this Act to establish a process for reviewing the accreditation in the United States of foreign consular personnel and the number and location of foreign consular facilities in the United States. Requires the Secretary to report on such process to the appropriate congressional committees within six months of enactment of this Act.
Title II: Diplomatic Security Service - Establishes the Diplomatic Security Service within the Bureau of Diplomatic Security.
Requires the Diplomatic Security Service to be headed by a Director designated by the Secretary. Sets forth the qualifications for the Director and other personnel of the Diplomatic Security Service.
Title III: Performance and Accountability - Requires the Secretary to convene an Accountability Review Board whenever there is serious injury, loss of life, or significant destruction of property at or related to a U.S. mission abroad unless the case clearly involves only causes unrelated to security. Sets forth administrative provisions relating to the membership and employees of the Board. Sets forth provisions governing the Board's evidence-gathering procedures.
Requires a Board to examine the facts and determine: (1) the extent to which an incident is security related; (2) whether the security systems and procedures at that mission were adequate and properly implemented; (3) the impact of intelligence and information availability; and (4) such other information which may be relevant to the security management of U.S. missions abroad. Requires the Board to submit its findings and recommendations to the Secretary. Requires the Board to transmit to the appropriate Federal agency any finding that there is reasonable cause to believe that an agency employee has committed a breach of duty.
Requires the Secretary to report to the Congress within 90 days of receipt of recommendations from a Board. Requires the heads of Federal agencies to report to the Congress on any personnel actions taken as a result of a finding by the Board that there is reasonable cause to believe that an agency employee breached a duty.
Title IV: Diplomatic Security Program - Authorizes appropriations to the Department of State for FY 1986 through 1990 for diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program. Requires the Secretary to notify the appropriate congressional committees whenever the Secretary submits to the Congress a request for appropriations to carry out such program. Sets forth administrative procedures governing such funds.
Authorizes only U.S. persons and U.S. joint ventures to bid on a diplomatic construction project funded by this title if adequate competition exists and the estimated contract value exceeds a specified amount. Allocates for contracts with American minority contractors ten percent of the funds authorized by this title for diplomatic construction projects. Sets forth provisions governing the administration of the diplomatic construction program, including provisions governing the qualifications of persons hired for the program, the treatment of cost overruns, and efficiency in contracting.
Requires the Secretary to report to the Congress within 90 days of enactment of this Act on the implementation of the recommendations of the Advisory Panel on Overseas Security.
Expresses the sense of the Congress that the President should use the antiterrorism provisions of the Foreign Assistance Act of 1961 to improve the perimeter security of U.S. diplomatic missions abroad. Requires the President to report annually to the Congress on such improvements.
Requires the Secretary to install and maintain a metal detector or more advanced screening system at the main entrance of each U.S. diplomatic mission abroad.
Authorizes the Secretary to use any authority available under title II of the State Department Basic Authorities Act of 1956 to carry out certain security functions.
Title V: State Department Authorities to Combat International Terrorism - Requires the Secretary to maintain and publicize a most wanted international terrorists list. Requires the list to contain the names of those: (1) with respect to whom rewards could be offered under a specified Act for committing or conspiring to commit acts of terrorism; (2) who are sought for prosecution by the United States for committing or conspiring to commit acts of terrorism; and (3) whose inclusion on the list would be useful in enhancing efforts to apprehend and effectively prosecute them.
Amends the State Department Basic Authorities Act of 1956 to authorize payment of a reward with respect to each individual: (1) on the most wanted international terrorists list; (2) sought for a terrorist act resulting in the death of a U.S. citizen or national; and (3) sought for a terrorist act involving the detention of a U.S. citizen or national for a period longer than 60 days.
Authorizes the Secretary to pay a reward for information leading to: (1) the arrest or conviction of any individual for conspiring or attempting to commit certain narcotics related offenses outside U.S. jurisdiction or the killing or kidnapping abroad of a U.S. drug enforcement employee or of a member of such employee's family; or (2) the prevention of such acts against U.S. drug enforcement employees and their families. Requires the Secretary to advise and consult with the Attorney General before paying any such rewards. Authorizes appropriations for such rewards. Requires the Secretary to report to the Congress on payment of such rewards.
Amends the International Security and Development Cooperation Act of 1985 to make the Secretary responsible for coordination of all assistance related to international terrorism provided by the United States to foreign countries. (Current law makes the Secretary responsible for coordinating all antiterrorism assistance.)
Authorizes the Secretary to reimburse domestic and foreign persons, agencies, or governments for the protection of judges or other persons who provide aid or information relating to terrorist incidents primarily outside U.S. jurisdiction. Requires the Secretary to advise and consult with the Attorney General before making payment in certain matters governed by Federal criminal law. Authorizes appropriations for FY 1986 and 1987 for such reimbursements. Designates such funds the Counter-terrorism Protection Fund.
Requires the Secretary to report to the Congress whenever the Department of State issues a travel advisory or other warning because of a terrorist threat or other security concern.
Expresses the sense of the Congress that the Secretary should consider issuing a travel advisory warning U.S. citizens of the dangers of traveling in any foreign country in which U.S. citizens: (1) are attacked by terrorists supported by Libya or Iran if the government of that country does not require the closing of any Libyan or Iranian official missions in that country; or (2) are attacked by terrorists supported by any other foreign government which used its official missions to support that attack if that foreign government is not immediately required to close all of its official missions in such country.
Authorizes the Secretary to impose controls (including the acquisition of licenses) on provision of certain services (relating to serving in or with the security forces or providing training for the security forces of a foreign government) if providing such services would aid and abet international terrorism. Sets forth fines for violations of such controls. Requires the President to submit the proposed regulations to the Congress 30 days before issuing them. Requires the President to report to the Congress once every six months on the number and character of licenses granted and denied during the previous six months.
Amends the Export Administration Act of 1979 to prohibit exporting any item on the U.S. Munitions List to any country that engages in or supports international terrorism (terrorism-supporting countries). Authorizes the President to waive temporarily such prohibition with respect to a particular export if the export is important to the national interests and the President submits a justification for such waiver to the Congress.
Prohibits, unless pursuant to a validated export license, any export to a terrorism-supporting country of goods or technology which would make a significant contribution to the military potential of such a country or would enhance the ability of such country to support international terrorism. Requires the Secretary of Commerce and the Secretary to notify specified congressional committees at least 30 days before issuing any such validated export license. Requires the President to take all feasible steps to secure the cooperation of appropriate foreign governments in prohibiting or controlling the export to terrorism-supporting countries of such items, goods, and technology.
Title VI: International Nuclear Terrorism - Directs the President to: (1) seek universal adherence to the Convention on the Physical Protection of Nuclear Material (the Convention); (2) review whether the International Atomic Energy Agency's (IAEA) recommendations on physical protection of nuclear material are adequate to deter theft, sabotage, and the use of nuclear facilities and materials in terrorist acts and transmit the results of the review to the Director-General of the IAEA; (3) take, in concert with allies and other countries, such steps as are necessary to keep a minimum amount of weapons-grade nuclear material in international transit and ensure that the most effective security measures are taken when such material is transported internationally; and (4) seek an agreement in the United Nations Security Council to establish an effective regime of international sanctions against any nation or group which conducts or sponsors acts of international nuclear terrorism and measures for coordinating responses to all acts of international nuclear terrorism. Requires the President to report annually to the Congress on the progress made in achieving such objectives.
Amends the Atomic Energy Act of 1954 to authorize the President to suspend nuclear cooperation under such Act with any nation or group of nations which has not ratified the Convention.
Requires the Secretary of Defense to be consulted on the physical protection of special nuclear material during its export or transfer before the Nuclear Regulatory Commission (NRC) may issue a license under such Act for the export of such material and before the Secretary of Energy may grant approval under such Act for the transfer of such material. Defines special nuclear material as more than two kilograms of plutonium or more than 20 kilograms of enriched uranium.
Requires the Secretaries of Defense, State, and Energy, the Director of the Arms Control and Disarmament Agency, and the NRC to review the adequacy of the physical security standards currently applicable to the shipment and storage outside the United States of special nuclear material which is subject to U.S. prior consent rights, with special attention to protection against terrorist acts. Requires each of such officials and the NRC to report to specified congressional committees on the results of such review.
Directs the President to seek a comprehensive review of the problem of nuclear terrorism by an international conference.
Title VII: Multilateral Cooperation to Combat International Terrorism - Directs the President to: (1) seek to have the issue of international terrorism included on the agenda of the 1986 Tokyo economic summit conference; and (2) seek agreement at such conference on strengthening the policy contained in the 1978 Joint Declaration on International Terrorism, including agreement on specified antihijacking provisions.
Directs the President to continue to seek the establishment of an International Anti-Terrorism Committee which would focus international attention on the problems and responses to international terrorism.
Directs the President to seek the negotiation of international agreements to provide for the sharing of information relating to passports and visas in order to enhance international cooperation in combatting international terrorism.
Directs the President to enter into negotations to obtain general agreement to delete the place of birth on passports.
Directs the President to seek the adoption of a resolution in the United Nations condemning the use for terrorist purposes of diplomatic privileges and immunities.
Requires the President to report to the Congress within six months of enactment of this Act on the progress being made in achieving the objectives of this title.
Title VIII: Victims of Terrorism Compensation - Victims of Terrorism Compensation Act - Provides for payments to Federal employees, citizens, nationals, or resident aliens who are in captive status while in active Federal service as a result of hostile action taken against the United States.
Directs the Secretary of the Treasury to establish a savings fund to which the pay and allowance of an individual in a captive status may be allotted.
Directs that the following payments be made to individuals held in captive status (or, where appropriate, to their beneficiaries): (1) medical and health care expenses incident to the employee's captive status; (2) direct cash payments for captive status as of November 4, 1979; (3) certain benefits provided by the Soldiers' and Sailors' Relief Act of 1940; and (4) payments to the spouse or child of a captive for expenses incurred while attending an educational or training institution.
Authorizes the President to defer payments to individuals charged with certain criminal offenses and to deny payment to individuals convicted of such offenses.
Declares that any cash payment that is later denied because of a criminal conviction is a claim of the United States Government under Federal collection laws.
Authorizes the head of an agency, in order to respond to special circumstances, to pay a captive for educational and training expenses.
Directs the President to prescribe regulations under which disability or death compensation may be paid by an agency head to an employee or family member of such employee if the death or disability was caused by hostile action and was a result of the individual's relationship with the Government.
Prohibits leave from being charged to the account of an alien employee while serving abroad for absence due to injuries incurred as a result of hostile action directed against the United States.
Provides for payments to members of the uniformed services who are held as captives similar to those for civilians.
Title IX: Maritime Security - International Maritime and Port Security Act - Encourages the President to continue to seek agreement through the International Maritime Organization (IMO) on matters of international seaport and shipboard security. Sets forth matters to be included in such agreement.
Requires the Secretary of Transportation and the Secretary of State to report jointly to the Congress by December 31, 1986, on the IMO progress in developing recommendations on measures to prevent unlawful acts against passengers and crews on board ships. Sets forth matters to be included in such report. Requires the Secretary of Transportation to include in such report proposed legislation for implementation of security measures at U.S. ports if the IMO members have not reached an agreement by December 31, 1986.
Requires the President to report to the Congress within six months of enactment of this Act on the status of physical security at the Panama Canal with respect to the threat of international terrorism.
Requires the Secretary of Transportation to report semiannually to the Congress on the threat from acts of terrorism to U.S. ports and vessels operating from those ports.
Amends the Ports and Waterways Safety Act of 1972 to authorize the Secretary of Transportation to take specified actions to help prevent and respond to terrorist acts against: (1) vessels and waterfront facilities located on or near the navigable waters of the United States; and (2) vessels and facilities located on the Outer Continental Shelf. Authorizes appropriations for such purposes and for purposes of conducting specified assessments required by another Federal law.
Requires the Secretary of Transportation to develop a plan to assess the effectiveness of security at those foreign ports which pose a high risk of acts of terrorism directed against passenger vessels. Requires the Secretary of Transportation to: (1) consult with the Secretary of State in developing such plan; and (2) report to the Congress on such plan within six months after enactment of this Act. Requires the Secretary of State, if the Secretary of Transportation determines that a port does not maintain effective security measures, to notify the appropriate government authorities of such determination and recommend the steps necessary to bring the security at such port up to the standard used by the Secretary of Transportation.
Requires the Secretary of State to issue a travel advisory with respect to a port if the Secretary of Transportation determines that such port is a port that does not maintain adequate security measures and that a condition exists at such port which threatens the safety or security of passengers, passenger vessels, or crew traveling to or from such port. Permits such travel advisory to be lifted only if the Secretary of Transportation determines that effective security measures are maintained at such port. Requires that the Congress be notified if such travel advisory is lifted.
Authorizes the President to suspend the right of any passenger vessel common carrier, and the right of any U.S. passenger vessel, to use any port in a foreign nation that permits the use of its territory to aid in any way a terrorist organization which uses the illegal seizure of passenger vessels or the threat thereof as an instrument of policy. Makes it unlawful for any passenger vessel common carrier or U.S. passenger vessel to violate such a suspension.
Encourages the President to: (1) review the adequacy of domestic and international criminal sanctions against terrorists who seize vessels; and (2) strengthen the effectiveness of such sanctions. Requires the President to report to the Congress on such review and efforts to strengthen the sanctions.
Title X: Fascell Fellowship Program - Fascell Fellowship Act - Establishes the Fascell Fellowship program which will provide fellowships to U.S. citizens while they serve in positions formerly held by foreign national employees at U.S. diplomatic or consular missions in the Soviet Union or Eastern Europe. Limits the duration of such fellowships to one to two years. Requires fellowship recipients (fellows) to be U.S. citizens with expertise in Soviet or Eastern European area studies or languages and with a working knowledge of the principal language of the country in which the fellow would service. Requires the Secretary to recruit women and minorities for this program.
Establishes a Fellowship Board to select the individuals eligible for fellowships. Limits the number of fellowships to 100 each year. Requires the Secretary to determine which of the eligible individuals will serve at each U.S. mission in the Soviet Union or Eastern Europe.
Title XI: Security at Military Bases Abroad - Expresses the sense of the Congress that the Secretary of Defense should: (1) review the security of each Department of Defense base and installation abroad and take steps to improve security of such bases and installations; and (2) institute a training program for members of the armed forces and their families stationed abroad concerning security and antiterrorism. Requires the Secretary of Defense to report to the Congress by March 31, 1987, on actions taken pursuant to this title.
Became Public Law No: 99-399.
Introduced in House
Introduced in House
Referred to House Committee on Armed Services.
Referred to House Committee on Foreign Affairs.
Referred to House Committee on Merchant Marine and Fisheries.
Referred to House Committee on Post Office and Civil Service.
For Further Action See H.R.4151.
Executive Comment Requested from DOD, State.
Referred to Subcommittee on Investigations.
Referred to Subcommittee on Civil Service.
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