DIPLOMATIC SECURITY ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01117R000100180005-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 22, 2016
• Document Release Date: April 1, 2011
• Sequence Number: 5
• Publication Date: July 8, 1986
• Content Type: MEMO

STAT
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CENTRAL INTELLIGENCE AGENCY
Director of Congressional Affairs
8 July 1986
NOTE FOR: Acting Director of Central
FROM: Dave Grie
Intelligent
f
s
SUBJECT: Diplomatic Security Act
Attached are all the pertinent documents.
Tab A explains the problem. Tab B is language
that will fix the problem. Tab C is a side-by-
side comparison of the House and Senate versions
of the Act. Tab D is a comparison of the Senate
and House legislative reports
At this writing, Senate at staff level has
receded to House language on Section 106(b).
That represents 50% of what we have been trying
to achieve. We are continuing to work on 103(b)
in the expectation that we can introduce
conference language that will meet our concerns.
Yoe
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 STAT
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JUNE 27, 1986
(Omnibus Diplomatic Security and Anti-Terrorism Act of 1986)
AND
TITLES I-IV OF THE SENATE AMENDMENT THERETO
(Diplomatic Security and Antiterrorism Act of 1986)
DIPLOMATIC SECURITY PROGRAM & VICTIMS OF TERRORISM "COMPENSATION
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22 J 63 (b) OVERSIGHT OF POSTS ABROAD.-The Secretary of
23 State shall-
24 (1) have full responsibility for the coordination of
25 all United States Government personnel assigned to
1 , diplomatic or consular posts or other United States
2 missions abroad pursuant to United States Government
3 authorization (except for facilities, installations, or per-
4 sonnel under the command of a United States area
5 military commander); and
6 (2) establish appropriate overseas staffing levels
7 for all such posts or missions for all Federal agencies
8 with activities abroad (except for personnel and activi-
9 ties under the command of a United States area mili-
10 tary commander).
11 (c) FEDERAL AGENCY.-AS used in this title and title
12 III, the term "Federal agency" includes any department or
13 agency of the United States Government.
14 SEC. 104. BUREAU OF DIPLOMATIC SECURITY.
15 (a) THE BUREAU.-There shall be a Bureau of Diplo-
16 matic Security in the Department of State, to be headed by
17 the Assistant Secretary for Diplomatic Security. The Assist-
18 ant Secretary shall be responsible for carrying out the func-
19 tions and duties set forth in section 105 and such additional
20 functions as may be directed by the Secretary of State.
(b) NUMBER OF ASSISTANT SECRETARIES.-The first
22 section of the Act entitled "An Act to strengthen and im-
23 prove the organization and administration of the Department
24 of State, and for other purposes," approved May 26, 1949
1 (22 U.S.C. 2652), is amended by striking out "fourteen" and
1103 (b) OVERSIGHT OF POSTS ABROAD.-The Secretary
2 of State shall-
3 (1) have full responsibility for the coordination of
4 all United States Government personnel assigned to
5 diplomatic or consular posts or other United States
6 missions abroad pursuant to United States Govern-
7 ment authorization (except for facilities, installations,
8 or personnel under the command of a United States
9 area military commander); and
10 (2) establish appropriate overseas staffing levels
11 for all such posts or missions for all Federal agencies
12 with activities abroad (except for personnel and activi-
13 ties under the command of a United States area mili-
14 tary commander).
15 (e) FEDERAL AGENCY.-As used in this title and title
16 III, the term "Federal agency" includes any department or
17 agency of the United States Government.
18 SEC. 104. BUREA U OF DIPLOMATIC SECURITY.
19 (a) THE BUREAU.-There shall be a Bureau of Diplo-
20 matic Security in the Department of State, to be headed by
21 the Assistant Secretary for Diplomatic Security. The Assist-
22 ant Secretary shall be responsible for carrying out the func-
23 lions and duties set forth in section 105 and such additional
24
1
i
functions as may be directed by the Secretary of State.
(b) NUMBER OF ASSISTANT SECRETARIES.-The first
2 section of the Act entitled "An Act to strengthen and improve
3 the organization and administration of the Department of
4 State, and for other purposes, " approved May 26, 1949 (22
5 U.S.C. 2652), is amended by striking out "fourteen" and
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SEC. 106. COOPERATION OF OTHER FEDERAL AGENCIES.
11
(a) ASSISTANCE.-In order to facilitate fulfillment of
24
12 the responsibilities described in section 103(a), other Federal
25
13 agencies shall cooperate (through agreements) to the maxi-
14 mum extent possible with the Secretary of State. Such agen-
15 cies may, with or without reimbursement, provide assistance
16 to the Secretary, perform security inspections, provide logis-
17 tical support relating to the differing missions and facilities of
18 other Federal agencies, and perform other overseas security
19 functions as may be authorized by the Secretary. Specifically,
20 the Secretary may agree to delegate operational control of
21 overseas security functions of other Federal agencies to the
22 beads of such agencies, subject to the Secretary's authority
23 as set forth in section 103(a). The agency head receiving
24 such delegated authority shall be responsible to the Secretary
25 in the exercise of the delegated operational control.
1 (b) OTHER AGE,CIEs.-Nothing contained in titles I
2 through IV shall be construed to limit or impair the authority
3 or responsibility of any other Federal, State, or local agency
4 with respect to law enforcement, domestic security oper-
5 ations, or intelligence activities as defined in Executive order
6 12333.
(a) ASSISTANCE.-In order to facilitate fulfillment of
the responsibilities described in section 103(a), other. Federal
I agencies shall cooperate (through agreements) to the maxi-
2 mum extent possible with the Secretary of State. Such agen-
3 cies may, with or without reimbursement, provide assistance
4 to.the Secretary, perform security inspections, provide logisti-
5 cal support relating to the differing missions and facilities of
6 other Federal agencies, and perform other overseas security
7 functions as may be authorized by the Secretary. Specifical-
8 ly, the Secretary may agree to delegate operational control of
9 overseas security functions of other Federal agencies to the
10 heads of such agencies, subject to the Secretary's authority as
11 set forth in section 103(a). The agency head receiving such
12 delegated authority shall be responsible to the Secretary in
13 the exercise of the delegated operational control.
14 (b) OTHER AGENCIES.-The President shall prescribe
15 such regulations as may be necessary to assure that the im-
16 plementation of titles I through IV does not limit or impair
17 the authority or responsibility of any other Federal, State, or
18 local agency with respect to law enforcement, domestic securi-
19 ty operations, or intelligence activities (as defined in Execu-
20 tive Order 12333).
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Calendar No. 655
99TH CONGRESS REPORT
Id Session SENATE { 99-304
DIPLOMATIC SECURITY AND ANTI-TERRORISM ACT OF 1986
MAY 20 (legislative day, MAY 19), 1986.-Ordered to be printed
Mr. LUGAR, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany H.R. 4151]
The Committee on Foreign Relations, to which was referred the
bill (H.R. 4151) to provide enhanced diplomatic security and combat
international terrorism, and for other purposes, having considered
the same, reports favorably thereon with an amendment and rec-
ommends that the bill as amended do pass.
COMMITTEE ACTION
While reviewing the issue of the security of our overseas diplo-
matic missions, the Committee on Foreign Relations held four
public hearings, one closed hearing, and one mark-up session.
On July 16, 1985, the committee received public testimony from
Admiral Bobby R. Inman, Chairman of the Secretary of State's Ad-
visory Commission on Overseas Security, on the findings and rec-
ommendations of that panel. On July 17, 1985, Admiral Inman re-
turned to testify in closed session and was joined by Assistant Sec-
retary of State for Administration Robert Lamb.
On January 23, 1986, Senator Lugar introduced, by request, S.
2015, an Administration proposal to improve security for our diplo-
matic personnel and facilities overseas. The bill was read twice and
referred to the Committee on Foreign Relations.
On February 4, 1986, the committee received testimony from Sec-
retary of State George Shultz on behalf of the Administration pro-
posal. the Secretary were Ronald I. Spiers, Under
Secretary of State for Management, and Mr. Robert Lamb, Director
of the Bureau of Diplomatic Security.
On March 19, 1986, H.R. 4151, a House-passed measure that
amended the original Administration bill and included additional
71-0100
REPORT
99-494
THE OMNIBUS DIPLOMATIC SECURITY
AND ANTI TERRORISM ACT OF 1986
REPORT
OP TRI
COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
together with
CONGRESSIONAL BUDGET OFFICE ESTIMATE
ON
H.R. 4151
MAacae 12, 1986.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
U.S. GOVERNMENT PRINTING OMCE
68-4110 WASHINGTON : 1986
d
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Section 103-Responsibility of the Secretary of State
Subsection (A) requires the Secretary of State to develop and im-
plement, within the scope of resources available, policies and pro-
grams, including funding levels and standards, to provide for the
security of U.S. Government o rati s ve of a diplomatic
nature onl
y a- an orei~n governmen Q.p a> ations o a tcitatic
nature in s aragrap (1) of this section speci-
ies t at for purposes of this act the authority and responsibility of
the Secretary of State extends to all U.S. Government personnel
who are abroad on official duty other than those under the com-
mand of a U.S. area military commander. The Secretary of State is
equally responsible for the security of dependents of U.S. official
personnel abroad. Similarly, under paragraph (2) the Secretary's
responsibility extends to the establishment and open ti of securi-
t functio
a ernm_gn =is~- a mad.
aragraph (3 exten s the Secretary's responsibility to Depart-
ment of State facilities in the United States. Paragraph (4) states
the Secretary's authority regardinc protection of foreign missions,
foreign officials and international organizations.
Subsection. (b) restates and clarifies responsibilities assigned to
the Secretary. of State by the 'President in his' letters to Chiefs of
Mission ,of .September?23, 198]x, and. makes a xP1Lcit - h res nsibil-
ities implicit! : assi ed- t Secreta b s ion" 7
ei o . Since one o e basic pur-
po legislation d s to clarify the chain of command and
ensure.: accountability at U.S. civilian posts abroad by making the
Secretary: and. the Chief of Mission responsible for the direction
.and management of the Government's civilian overseas security
program, it is necessary to restal& and make ex 1' ' e
terry's ov 1. a sibility..for.the managemen and coor ination
of overseas potions.
-OTfferwise, it would be impossible to hold t
ble or an a o t2ie Diplomaf.tc'
tion m re ry res nsible for overseer an e,
to , n e eve o a o icia governmen s rng (ot er than
for activities under the direction of U.S. military area commander)'
This res 't131i>iX_is itical to the sub ess of t e Diplomatic Secu-
ri yProgram to be impleine ursutt
FurtheTinore es onsibility is also essential in this tiLn~_of
bud co raint. The omen expec a re wi 1 use
this aut orit ]Ice a size an ssi )t a number oT U:9.
M s_ssr ns or reasons of both security an _ eeotiomv as urged n v
era occasions during th o eration o1? this le to ion
urposes o titles throug su sec ion (c) defines the
term 'federal agency" as department or agency of the United
States.
Section 103 Responsibility of the Secretary of State
plementSubsection (A) requires the Secretary of State to develop and im-
, within the scope of resources available, policies and pro-
grams, including funding levels and standards, to provide for the
security of U.S. Government operations overseas of a diplomatic
nature only and foreign government operations of a diplomatic
nature in the United States. Paragraph (1) of this subsection speci-
fies that for purposes of this act the authority and responsibility of
the Secretary of State extends to all U.S. Government personnel
who are abroad on official duty other than those under the com-
mand of .a U.S. area military commander. The Secretary of State is
equally responsible for the security of dependents of U.S. official
personnel abroad. Similarly, under paragraph (2) the Secretary's
responsibility extends to the establishment and operation of securi-
ty_functions at all U.S. Government missions abroad.
Subsection (b) . restates and clarifies responsibilities assigned t.o.
the?.Secretary?ofState- by(-the. President in his letters 'to Chiefs of
Mission of Se
t
b
p
em
er 23 1981 adklii te
,n maes-expcth responsibil-
ities implicitly assigned to the Secretary'by section`'207 of the For-
eign Servce Act of.1980 (22.U.S.C:;3927).,Since:one.of_the=basic. pur-
poses,of this . legislation is' to clarify the chain of command and
ensure acxountabilityy at U.S. civilian posts abroad by'making the
Secretary_'and the Chief of. Mission responsible for the direction
mid ;; management of the Government's., civilian overseas security
program, "It is necessary to; restate' and: 'make: explicit the Secre-
tary.'e;overall =responsibility for the`: management and. coordination
of.overseas poste functions'
Otherwise, rt would;be impossible-to hold:the-Secretary .responsi
bie for>$riv -part of the ?Di~lomati , e,...:::t
'P~___
y
termiiuiig ,the level of all.;
This sponsibrlity is c twig, B .of the. Diplomatic Secu-
rityfProgthn to.botimpieniente corer ilantDto'this
budget
''oonstratnt The ~c
rnissione"for" reasons-,bf -.bo
erar-oc
_.casrons curing-;:
ceritly trecorniriended'
hitting 'errorisiii
For purposes' of tri
terih;. federal:;sgenc&
economy as : urged on sev-
&tk!nt's-'Task?Force :on-Com-
ee thr-a _-W. subsection (c) defines the
epartmenL??-or%sgency of the United
lity-:is-also essential in this time of
:expects.the::Secretary will use
le-,or::overseeing and de-
rerament staffing (other than
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Section 106-Cooperation of other Federal agencies
Subsection (a) imposes an obligation on other Federal agencies to
cooperate to the maximum extent possible with the Department of
State to facilitate the fulfillment of its security responsibilities To
that end, this subsection provides that, such agencies, tnrougn
agreement, may render assistance, with or without reimbursement,
to the Department of State.
Furthermore it is expressly provided that such agencies may pro-
vide logistic support, perform security inspections and other over-
seas security functions as authorized by the Secretary of State. As-
sistance of this nature would be appropriate in circumstances, for
example, involving the facilities of other agencies. In such cases,
the legislation authorizes the Secretary of State, if he so chooses, to
delegate operational control, subject, however, to the Secretary's
overall responsibility.
To ensure the full implementation of titles I-IV of this act, the
Department of State and other foreign affairs agencies should work
together in security survey teams. The Assistant Secretary of the
Bureau for Diplomatic Security shall ensure that any disagree-
ments between foreign affairs agencies, or between a foreign mis-
sion and the Department of State are resolved in an expeditious
manner, taking into consideration the views and needs of all par-
ties.
Subsection (b) makes clear that nothin ' tW e I throw of
.Ko
this act shall be onstruto t it or im air the t t of any
Fe edar,-State or authority wi respect to aw en orcement,
levels a a overseas dons- n-'Ch event of a i grgem n be
tween ecre s a i tit Q? a d..fi b~ectton (b) of
th ssec- Tion - e_ President shall resolve the matter.
the personnel needed by the Department to carry out its security-
related activities, by approving a lease by GSA of necessary space,
subject to appropriation.
Section 106-Cooperation of other agencies
Subsection (a) imposes an obligation on other Federal agencies to
cooperate to the maximum extent possible with the Department of
State to facilitate the fulfillment of its security responsibilities. To
that end, this subsection provides that, such agencies, through
agreement, may render assistance, with or without reimbursement,
to the Department of State.
Furthermore it is expressly provided that such agencies may pro-
vide logistic support, perform security inspections and other over-
seas security functions as authorized by the Secretary of State. As-
sistance of this nature would be appropriate in circumstances, for
example, involving the facilities of other agencies. In such cases,
the legislation authorizes the Secretary of State, if he so chooses, to
delegate operational control, subject, however, to the Secretary's
overall responsibility.
To ensure the full implementation of titles I-IV of this act, the
Department of State and other foreign affairs agencies should work
together in security survey teams. The Assistant Secretary of the
Bureau for Diplomatic Security shall ensure that any disagree-
ments between foreign affairs agencies, or between a foreign mis-
sion and the Department of State are resolved in an expeditious
manner, taking into consideration the views and needs of all par-
Subsection (b) makes clear that nothing in title I through IV of
this. act.shall:be. construed to limit or impair the authority.of any 1
Federal; State or local authority with respect to- law enforcement
or domestic security operations.
Subsection (c) 'expedites the process of providing office space for
the personnel needed by the Department to carry out its security-
related activities, by approving a lease by GSA of up to 250,UU0
square feet, subject to appropriation.
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