Summary: H.R.4151 — 99th Congress (1985-1986)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (06/25/1986)

(Measure passed Senate, amended)

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.

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 the Board to determine whether: (1) there are reasonable grounds to believe the injury, loss of life, or property damage was security-related; and (2) there is reasonable cause to believe that a breach of duty by a U.S. employee contributed to such injury, loss of life, or destruction of property. Directs the Board to make recommendations to the Secretary on programs or operations subject to this Act which the Board has reviewed. Provides for disciplinary proceedings and certain agency actions with respect to U.S. employees who the Board finds reasonable cause to believe contributed to the injury, loss of life, or property destruction because of their 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 a Board that there is reasonable cause to believe that an agency employee breached a duty.

Title IV: Diplomatic Security Program - Authorizes funds to be appropriated before October 1, 1987, to the Department of State for diplomatic security construction, acquisition, and operations pursuant to the Department of State's Supplemental Diplomatic Security Program. Earmarks a specified amount of such funds 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. Sets forth administrative procedures governing such funds.

Authorizes only U.S. persons and U.S.joint ventures to bid on a diplomatic construction or design project funded by this title if adequate competition exists and the estimated contract value exceeds a specified amount. Exempts from such preference for U.S. contractors those projects in foreign countries where laws prohibit the use of U.S. contractors. Provides that such exemption shall only become effective 30 days after the Secretary of State certifies to specified congressional committees what actions the Secretary has taken to urge the foreign country to permit the use of U.S. contractors on such projects. Allocates for contracts with American minority contractors ten percent of the funds authorized by this title for diplomatic construction projects. Allocates another ten percent of such funds for contracts with American small business contractors.

Requires the Secretary to issue regulations to: (1) strengthen requirements for security clearances for contractors involved in diplomatic construction or design projects; and (2) prohibit access to project designs or blueprints by any contractor without appropriate security clearance.

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.

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.

Authorizes the Secretary to use any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956 to carry out certain security functions.

Requires the Secretary to reimburse the Department of the Treasury for the costs incurred by the Secret Service for protecting the spouses of foreign heads of state.

Title V: State Department Authorities to Combat International Terrorism - Amends the State Department Basic Authorities Act of 1956 to authorize 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 reward. Authorizes appropriations for such rewards. Requires the Secretary to report to the Congress on payment of such rewards. Requires the establishment of procedures governing the offering, administration, and payment of such rewards.

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 Counterterrorism Protection Fund.

Authorizes the Secretary to impose controls on the provision of certain services (relating to serving in or with, 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 Secretary to submit proposed regulations governing such controls to the Congress 30 days before issuing them. Requires the Secretary 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 Foreign Assistance Act of 1961 to include among the articles that may be made available to foreign countries through the antiterrorism assistance program bomb detection devices, underwater diving equipment, speech privacy devices, and armor plating. Imposes a cap (equal to 25 percent of the funds available for the antiterrorism program) on the value of equipment available to foreign countries under such program. Prohibits providing shock batons or similar devices under such program.

Title VI: 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 fellows would serve. 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 VII: Miscellaneous Provisions - Amends the Peace Corps Act to authorize appropriations for the Peace Corps for FY 1986 and 1987.

Amends the Federal criminal code to provide that demonstrations outside foreign embassies in the District of Columbia are covered by Federal law. Repeals the District of Columbia Code provision regarding criminal liability for such demonstrations.

Amends the Atomic Energy Act of 1954 to require every individual allowed unescorted access to a nuclear power facility to be fingerprinted. Provides that all fingerprints shall be submitted to the Attorney General for identification and a criminal history records check, with all costs to be paid by the facility licensee.

Authorizes the Nuclear Regulatory Commission by rule to waive such requirement under certain conditions. Directs the Commission to prescribe regulations to: (1) implement procedures for the taking of fingerprints; and (2) establish conditions for the use of information received from the Attorney General.

Requires the Director of the U.S. Information Agency to provide for the distribution within the United States of the U.S. Information Agency film "The March."

Authorizes using Economic Support Fund authorizations to provide nonlethal airport security equipment and training for Egypt. Requires such authority to be exercised in coordination with the office of the State Department responsible for antiterrorism assistance.

Encourages the President to contine 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.

Expresses the sense of the Senate that the Secretary of State substantially strengthen the foreign language training of foreign service officers and others who may serve in embassies overseas and to work toward implementation of a linguistic skills program for foreign service officers.

Expresses the sense of the Senate that the President should instruct the Permanent Representative of the United States to the United Nations to introduce in the General Assembly an amendment eliminating Kurt Waldheim's retirement allowance and a resolution denying Kurt Waldheim a retirement allowance in all budgets after 1987.

Amends the Foreign Assistance Act of 1961 to earmark certain FY 1986 development assistance funds for a study on the feasibility of a program for the control and eradication of heartwater in cattle in Caribbean countries. Earmarks specified FY 1987 funds for controlling and eradicating heartwater in such countries.

Amends the Federal criminal code to provide that any person convicted of espionage shall forfeit to the United States any money or other property involved in or obtained as a result of such espionage activities. Provides that where such money or property is unavailable for forfeiture, the person convicted of such crime must forfeit property up to the value of the property gained from the espionage activity.

Permits the courts to order the forfeiture of proceeds received or to be received from a contract relating to the depiction of such offense in a movie, book, newspaper, magazine, radio or television production, or live entertainment or presentation of any kind.

Authorizes the Attorney General to pay a reward not to exceed $100,000 for information leading to the arrest or conviction of persons committing espionage, or leading to the prevention, frustration, or mitigation of the effect of an act of espionage. Disqualifies an officer or employee of the United States or of any State or local government while performing official duties from receiving such a reward.

Prohibits any Act from being construed to preclude the Department of State, the Agency for International Development, or the U.S. Information Agency from participation in support of any activities of the U.S. Telecommunications Training Institute.

Expresses the sense of the Senate that the President should call for international negotiations for the purpose of agreeing on a definition of "international terrorist crime" and for the purpose of considering whether such a crime would constitute a crime under international law. Declares that the President should also consider including in such negotiations the possibility of establishing an international court that would have jurisdiction over the crime of international terrorism.

Terrorist Prosecution Act of 1985 - Amends the Federal criminal code to make it an offense to commit or attempt to commit murder or manslaughter against any U.S. national abroad, or conspire to do so. (Murder is punishable by capital punishment, a life sentence, or for any term of years and voluntary manslaughter is punishable by imprisonment up to ten years and involuntary manslaughter by imprisonment up to three years and/or a fine up to $1,000.)

Makes it an offense to (or to attempt to) assault, wound, strike, imprison, endanger, or make any other violent attack upon the person or liberty of any U.S. national in any foreign country (or make violent attack on his or her business premises, private accommodation or means of transport). Provides for a fine of not more than $5,000 and/or imprisonment for not more than three years. Increases the fine to $10,000 and/or imprisonment to ten years if a deadly or dangerous weapon is used.

Makes it an offense to conspire, outside the United States, to murder any U.S. national within the United States.

Prohibits an indictment under this Act without the written approval of the Attorney General or his designee.

Amends the Inspector General Act of 1978 to establish an Inspector General in the U.S. Information Agency (USIA). Earmarks a specified amount of FY 1987 USIA funds for the establishment of the Inspector General office at the USIA.

Earmarks specified amounts of FY 1986 and 1987 Department of State funds for the operations of the Inspector General for the Department of State. Amends the Foreign Service Act of 1980 and the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to repeal the provisions establishing a Program Inspector General. Prohibits any Foreign Service officer from being appointed Inspector General for the Department of State. Prohibits any career member of the Foreign Service from participating in the recruitment, selection, or recommendation of anyone for Inspector General of the Department of State.

Prohibits using any of the funds authorized by this Act for site acquisition, development, or construction of any facility in Israel, Jerusalem, or the West Bank, except a specified amount for a chancery and residence within five miles of the Israeli Knesset and within the boundaries of Israel as they existed before June 1, 1967.

Expresses the sense of the Congress that 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.

Expresses the sense of the Congress that the United States, so long as Soviet military forces occupy Afghanistan, should support the Afghan efforts to regain their sovereignty through: (1) material support; (2) renewed multilateral efforts to encourage Soviet military withdrawal, the return of nonaligned status to Afghanistan, and a peaceful political settlement in Afghanistan; (3) a public information campaign to bring the Afghan situation to the attention of the world; (4) frequent efforts to remove the barriers on reporting of events in Afghanistan; and (5) 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.

Expresses the sense of the Congress that the Secretary of State should: (1) determine whether the Soviet actions in Afghanistan constitute genocide and report such determination to the President and the Congress; and (2) determine whether continued U.S. recognition of the Government in Kabul is in the interest of the United States.