CHAIRMAN MICA OF THE INTERNATIONAL OPERATIONS SUBCOMMITTEE, HOUSE FOREIGN AFFAIRS, SEEKS CIA ASSISTANCE IN PASSING DIPLOMATIC SECURITY ACT (H.R. 4151)
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Publication Date:
February 28, 1986
Content Type:
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J? =3 L
;COMPT
20 March 1986
MEMORANDUM FOR THE DIRECTOR INTELLIGENCE COMMUNITY STAFF
SUBJECT: House Passage of HR 4151, The "Omnibus Diplomatic Security and
and-Anti-Terrorism Act of 1986"
1. As I reported at yesterday morning's Standup, the House-voted 389 to 7
late Tuesday night (18 March) to approve the subject legislation, authorizing
approximately $4.4 Billion from FY 1986 to FY 1990 that would implement many
of the recommendations made last fall by the Inman Panel.
2. A copy of the debate on the House floor, from the Congressional
Record, is attached. The actual Bill language is found at page H1251, but
note that further amendments were made to the bill in the pages that follow.
The Bill now goes to the Senate where it will be referred to the Foreign
Relations Committee.
STAT
Chief, Legislative Liaison, IC -Staff
cc: DD/ICS
EXO/ICS
C/CCIS
C/SECOM
0/PBS
C/SC
PBS
PBS
CCi?T
RECORD COPY
~R-c~. r e-E'd -+o
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Kim
CONGRESINONAL RECORD - HOUSE March 18, Ift
oesoii Ores e,/ to dr Hat is through
oeeugeek i?eaatrest gaited states
toisron ?asr wilts s of UAL horses
to seroigm ostmtsten bNeee os of a
Va mi addsa 3 weans is an Ism M
s.ei8laaea 41 deltas in esasggenr a tits
sm saw for Vkm - at aftemew is
womed. lit ooteatdes obwa. thaw
States citing= we otheifte do so
rains their fir with Lisp and do
act make tie it entry cafe for United
states tikes. then it is appropriate
for the
peUJL Government to take
it t the U.S. a assn aq"of e.Saw
travel adae)sorlaa for such cousins, w
might ass a far different response to
teaodsm by our awes. The United
States Issued a travel advisory for
Org os last June after the TWA hi-
jacking out of Athens. Greece lost
enough United States revenue to en-
courage a to quickly overhaul the ao-
cunil at the airport. If the secretary
had beind travel advisort s of Italy
and Austria after the attacks on
Uaitd at"= cithens last June. Par
ham they would fed compelled to
take actions to make their countries
safer.
In short we must find a way to en-
conrago, our allies to take actions
agA&St terrorists and terrorism. We
must find a way to Isolate the Qadha-
fie and z2WIneinu from the responsi-
ble world community. The provisions
of section 07 will help do that.
Tilde VI. International Nuclear Ter-
rorism expresses the high priority thet
committee places on finding responses
to the timeat of international nuclear
terrorism before the United States is
faced with such an act. and In estab-
tuhing effective measures to Protect
nudear, facflttes and weapons-grade
materials from acts of terrorism.
Title VII. Multilateral Cooperation
to Combat International Terrorism
emphasises the importance the Com-
mittee on Foreign Affairs places on
gaining multilateral cooperation
among our friends and allies to more
effectively combat. on a worldwide
basis, the growing threat of Interna-
tional terrorism.
Title VIIL Victims of Terrorism
Compensation. Provides for benefits of
captives and compensation for disabil-
ity or death.
The purpose of Title Tz. Maritime
Security, is to establish an effective
regime for maintaining security stand-
ards at both domestic and foreign
ports. It Includes measures to improve
seaport and shipboard security. and to
prevent unlawful acts against passen-
ger and crews on board ships. In addi-
tion. there are provisions to require a
maritime risk assessment.
Lastly. Title X establishes a fellow-
ship program named the Poscell Fel-
lew+shtp Program after the respected
chairman of the Ooesmittee on For-
eign Affairs. The purpose Is to afford
the fellowship recipients the opportu-
nity to Serve ea a short term bass at a
United States diplomatic afgloo In
the Soviet Uzi= or >?asters sw ope to
Obtain firsthand working exposure to
the country in which they serve. This
wogram is a fitting tribute to the
work and interests of an Individual
whose it has been a privilege to work
with and learn from.
Tenwisn In one of the worst intef.
notional problems of our time. and it
it growing. The legislation before us is
a responsible way to try to bring this
problem under control. It is the result
of much cooperation and effort on the
part of those who worked on it It to a
good bill and I urge my colleagues to
support It.
01630
Mr. LOTT. Mr. Speaker. I have no
further requests for time. and I yield
back the balance of my time.
Mrs. BURTON of California. Mr.
Speaker. I yield myself such time as I
may consume. I would like to say a few
words on behalf of this rule sod this
bill.
Mr. Speaker, terrorism Is a cancer
which could destroy us all. Its virulent
message has coarsened our sonsibflitia
manit7. The evil agents that aid this
International disease must be checked
I am pleased that a partial remedy
for this destructive condition exists in
H.R. 4419. appropriately entitled the
Diplomatic Security Act. This legisla-
tion will provide a needed security ap-
paratus to protect our dedicated civil
servants who have committed them-
selves to a life of selfless public sere.
ice. It will further provide. via the De-
partment of State. the training assist.
ance and related equipment to host
Government personnel assigned to
protect U.B. Government employees
and missions abroad.
Because the United States has an
imperative Interest in protecting U.S.
citizens serving their country abroad. I
urge adoption of the proposed rule for
consideration of this bill.
Mr. Speaker, I have no requests for
time. and I move the previous question
on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on
the table.
APPOfl4TMENT OF CONFEREES
ON HOUSE JOINT RESOLUTION
$34. URGENT 8 AL
APPROPRIATION FOR THE DE-
PARTMENT OF AGRICULTURE.
1986
Mr. WRITTEN. Mr. Speaker. I move
to take from the Speakers table the
joint-resolution (H.J. Res. 334) making
an urgent supplemental appropriation
for the Department of Agriculture for
the fiscal year ending September 30.
1980. and for other purposes, disagree
to the amendment of the Senate to
the amendment of the House to the
amendment of the Senate and ash for
a further conference thereon.
The SPEAMR pro tempers. The
question is on the motion offered- by
the gentleman from Mississippi Oir
Wtrrrral.
The motion was agreed to.
The SPEASER pro tempore. With.
out objection the Chair appoints the
following conferees: Mews. Waerres,
TL Mite B6cHucaZ. Nsacunt. AMsg,,
WATKnra, Duesm and Sena of look
Mrs. am= of Nebr.. Meese
Myns of Indiana. Boaas, and 8==t
There was no objection.
GENERAL LEAVE
Mr. FASCEL. Mr. Speaker. I aft
unanimous consent that all Members
may have 5 legislative days in which im
revue and extend their remarks and
include extraneous matter on H.&
4151. the bill about to be considered.
The SPEAKER pre tampons is
there objection to the request of the
gentleman from Florida?
There was no objection.
ant to House Reselntion 402 and rde
=II. the Chair declares the He
In the Ca rmtttee of the Whole Homes
on the mate Of the Union for the cia.
sideration of the btil. H.A. 4131.
01624
IN Too CO'
esQrsaUse wines
Accordingly the Zones, resolved
itself into the Committee of the
Whole House an the State of the
Union for the coasideratios of the bill
(H.R. 4151) to prevlia fur the security
of U.S. diplomatic personnel. facilities.
and operations. and feu other 'pur-
poses, with Mr. Eteaaa In the chair.
The Clerk read the title of the bill:
The CHAIRMAN. Pursuant to the
rule, the first reading of the bill is dis-
pensed with.
Under the rule. the gentleman from
Florida (Mr. Fsscma.l will be recog-
nized for 1 hour. and the gentleman
from Michigan (Mr. Baooir,III.ol will
be recognized for 1 hour.
The Chair recognizes the gentleman
from Florida (Mr. FAacm r).
Mr. FASCEL.L. Mr. Chairman. I
yield myself such time as I may con-
sume.
Mr. Chairman. I rise in support of
H.R. 4151. as amended the Omnibus
Diplomatic Security and Antiterrorism
Act of 1986.
As you know. this legislation has
been expedited at the request of the
administration and House leadership
and was developed In bipartisan coop-
eration with five other committees
sharing jurisdiction over various provi-
sions contained in this legislation.
I want to express my gratitude to
the chairmen. ranting numbers and to
an the members of the Committees on
Armed Services. on the Judiciary. on
Merchant Marine and ftherie% on
Post Office and civil Service. and on
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Mach 18, 1986
In titles I through IV shall be aooatrisd to
Umic er Impair the aushsattF W asoaaslbu-
ity of any other Yedsss1, U. ar legal
song with reaps" to law. eotosesesnol. do`
mertie sanity oposdaft or
asevis mse
activities r dsODSd Is lg, -lw order
Tr= III-FEMUR JAMANCZ AND
ACCOUA TABII.ITT
qC aw. A~1IMFAMLfTT SYtsw.
In any am of Serious hnlury. loss of life.
or algcdlleaat dstructlon of property at or
1 don abroad wt Is covered by the provt- entity a
1333L
(chi Ctarras lens Y6~rra The dean of atlas I through IV (other than a is. strumnt
Administrator, of Oeetsnt atarvleae a author-
wtansum feed to less (to sorb es2snt er in swab of a Dotted States area military command- (2) O+
anomie an an gawvlded In nopro9rtatioa es). the SStsetaey of State shall convene an
Acto) up to 290.N9sgwn feet to the United Aeaoatabtllh Review Board (hereafter in a
Stater for the Department of state to as this title referred to AS the ..Board..). The
tif
rmel
commodate the p magind required to carry Secretary shat not convene a Board where a
Out this title. 'ifs Department of at. the Secretary determines that a ass clearly given an
Shan pay for such epees at -the rate eetab. Involves only causes unrelated to security. (3) Su
lasted by the Admi Ich tar of General asc at ACCOI1M?AsnTTT UUVIIW aOA# n7 of f a
rm
asrvkee for space and related Set,lcea. (a) MsaoeasmV.-A Board shall con" of scribed
9DC. ter. MDRed'1101 OF roasian maessuTIOL five members 4 appointed by the Secretary (1 X B))
enactment of this Act. the Secretary of
State shell establish a proem for period is
review if the accredited= in the United
States at all ilseeiga esnsuular personnel. in-
cluding honorary consuls. and the member
and location of all foreign consular facilities
In the United States. The Secretary shall
submit a report on this process to the Cam.
mittse on. Farelsa Affesrs of the Noun of
Repes?tatlvs and the Committee an Far
Sign BahtieoS if the Senate not later than
9 months after the data of enactment of
this Act. Such report shall describe this
period c rev ew process and peeeeat a plan
for the reduetkn (a? well as consolidation)
of foreign consular LOd related functions In
the United Staten.
TITLZ II-DIPL 0MATIC SECURITY
SERVICE!
9gC. at. WAIUSHNV(T OF DIFL.OMATIC 9gC11aI-
TT ag-' iIQ
There shall be. within the Bureau of Dip-
lomatie security. the Dlpiomatlc security
SerYtee., The Dlplasatie Security Service
shall perform suck fu nctioas an may be as,
Signed to It by the Secretary of State.
'safc. at DINGS Or DIPLOMATIC sicvnrrr
egavxs
The Diplomatic 'Security Service shall be
headed by a Director designated by the Sec-
rotary of 3tats. The Director shall be a
career member of the Senior Foreign Serv-
tce or the Senior Executive Service and
shall be qualified for the position by virtue
of demonstrated ability in the area of secu-
rity. law enforcement, management, or
public administration. Experience in man-
agement or operations at diplomatic pats
abroad shall be considered an affirmative
factor in the selection of the Director. The
Director shall act under the supervision and
direction of the Assistant Secretary for Dip-
lomatic Security.
sac.esa rornona In. THIN DrptAMATtc 9acuainr
saavtca
Positions in the Diplomatic security Serv-
ice shall be filled In accordance with the
provisions of the Foreign Service Act of
1960 (22 U.C. 3901 et seq.) and title S.
United Slats Code. In filling such posi-
cons, the secretary of state Shan sett"J7
recruit woman and members of minority
groups. The Secretary of State shall pre-
scribe the qualifications required for Sedgn-
ment or appointment to such positions. In
the case of positions designated for special
agents. the qualifications may include mini-
mum and maximum entry as restrictions
and other physical standards and shall in-
corporate Out .s standards as may be re-
quired by law in order to perform security
tunctlane. to bar arm& and to exercise in-
vestlgatary. warrant, arrst. and such other
authorities s an available by law to special
agents of the Department of state and the
Feeeigk Service.
CONGRESSIONAL RECORD - HOUSE a 19194
of State. and 1 appointed by the Director of or *the
Central Intelligence. The Secretary of State the Bas
shall desfgnar the Chairperson of the Seery I
Board. Members of the Board who are not velopm
Federal ohm s or employees shall each be (B) L
paid at a rate not to exceed the massmum Obey a
rate of bask pay payable for level C MI-13 of mph.
the General Schedule for each day (taelud- the lm
Ing travel Ume) during which they an an. eel to
gaged in the actual performance of duties within
vested in the Board Members of the Board
who an Federal officers or employes Shall
fee"" no additional pay by reason of such
membership.
(b) FACnsl an. geavnss. 8a'rrtma Aws
Bra".-
(1) SoleLm n ssAa=rmr or RA=-A
Board shall obtain facilities. Services. and
supplies through the Department of State.
All expenses of the Board. Including neces-
sary cow of travel, shall be paid by the Do-
partment of State. Travel expenses author-
Ind under this paragraph shall be paid in
accordance with subchapter I of chapter 57
of We S. United Stats Code. or other ap-
plicable law.
(2) Da'rAn.-At the request of a Board.
employees of the Department of State or
other Federal agencies. members of the For-
eign Service, or members of the uniformed
Service. may be temporarily assigned. with
or without reimbursement, to assist the
N-L Upon request. the Inspector General
the Department of State and the Foreign
Service may provide assistance to the Board.
(3) lllxrasze Ann cowsoL:A)rrs.-A Board
may employ and compensate (in accordance
with section 3109 of title 5. United States
Code) such experts and consultants as the
Board considers necessary to carry out its
functions. Experts and consultants so em-
played shall be responsible solely to the
Board
cam as FOOCIDDaaa.
(u) members of the uniformed servlan as
defined by seed= lgt3) at title 3Z
Stave a United
(01) an
United a
(iv) Inc
in foanw r.......... I
upon APPOC10111011 of the Attorney oenenl.
issue to sorb person an order requiring such
person to appear before the Board to give
testtmon, ter Orodoee information as re-
quired by an sabpom&
(C) Sabposeed witnesses shall be paid
the same Lee and mdsge allowances which
an paid subp , ,.- d witnesses In the courts
of the United States.
(b) CortmsrttAl.rsi.-A Board shall
adopt fora rsUve poseedim under
this ties suab Feoasdnns with rasped to
confldentiallty as may be deemed necessary.
including prosdttrs relating to the conduct
of closed R'oosdb)p or the submission and
use of evidence In Seem. to ensure to par-
ticular the protection of classifted informa-
tion relating to national defense. foreign
policr.,or Intellicace matters. Tbs.a(rsctor
the
level of protoatlon required _ oe to
c - cords pertainfns to ad-
minlstrative proceedings under this title
shall be Separated from all other records of
the Department of State and shall be main-
tained under appropriate safeguards to pre-
serve confidentiality and siaasification of in-
formation. Such records-1hall be prohibited
from disclosure to the public until such time
as a Board completes its work and is dis-
missed. The Department of State shall turn
(1) IIwrsm sTASai oovneweeavT racsowww., over to the Director of Central Intelligence
AM cowTai-cross.- intelligence Information and Information re-
(A) With respect to any individual luting to Intelligence personnel which shall
scribed In subparagraph (B), a Board made- y- then become records of the Central Intelli-
(I) administer oaths and affirmations: gene Agency. After that Use, only such ex-
(1i) require that depositions be given and emptions as apply to other records of the
interrogatories answered and Department of Stan under node (m of
(ill) require the attendance and presents- title 5 of the United States Code (relating lating to
Iron of testimony and evidence by such tndl- freedom of Information), shall be available
ridgy for the remaining records of the Board.
(d) STATus or Bogies.-The provisions of
Failure of any such Individual to comply the Federal Advisory Committee Act (S
with a request of the Board shall be U.S.C. App. 1 at seq.) and section 552b of
grounds fair dlsdpUaary action by the head title 5 of the United Staten Code (relating to
of the Federal agency in which such Individ- open meetings) shall not apply to any
ual Is employed or servea or in the case of a Board.
contractor. debarment. sgc. SOL FImNcs AND alCO~ATiows HT A
(B) The Individuals referred to in subpara- 906%M
graph (A) are- (a) Frwsnes.-A Board convened to any
(I) employees an defined by section 2109 of ogee shall examine the facts and eirrcum-
title S. United States Code (including mem. Stanc s stsrvaotg the serious Wiry. low
bens of the Feadgn service); of life, or Mgsilleemm destruction of property
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'K 1254
CONGRESSIONAL RECORD - HOUSE March 18, 1986
as or fei&Wd to a united States Government
ntladoo abroad and determine-
(1)-the extent to which the incident or In-
cidaota with reamers to whirs tins: Board was
convened was seeurtty MIS"*
(3) whether tine securky arMsms and ecru.
My procedures at that ai^im -wen ads
quote;
(3) whether the scarily gales and seen-
rtty procedures wow property isggismented:
Lion intelligence and lelfeema?
(5) such other Latta and cbsumstances
which may be relevant to the appropriate
security management of United States mis
stone abroad.
(b) Peooaaw Rsoosnmmaaoes.-A Board
shall submit its findings (which may be cias-
sifled to the extent deemed necessary by the
Board) to the Secretary of State, together
with recommendations as appropriate to Im-
prove the security and efficiency of any pro.
gram Or operation which the Board has re.
viewed.
(c) Pssoue. RacosonmoaTIOws.-When.
ever a Board finds reasonable cause to be-
lieve that an Individual described in section
303(a)(IXB) bas breached the duty of that
Individual, the Board shall transmit the
fiadlnt of reasonable cause. together with
such evidence and for die
cipUnary or other appropriate action, to the
head of the appropriate Federal agency or
instrumentality. In deternnining whether an
individual has breached a duty of that Indi-
vidual, the Board shall tare Into account
any standard of conduct, law, rule, regula-
tion, contract. or order which is pertinent to
the performance of the duties of that indi-
vidual.
(d) Raoan.-
(1) PROGRAM ar-0coromreaTtows.-In any
case in which a Board transmits recommen-
than 90 days after the receipt of such r' c
ommendations. submit a report to the Con-
great on each such recommendation and the
action taken with respect to that recommen-
dation.
(2) Psasom ion. awcoaorarnArtows.-In any
came in which a Board transmits a finding of
relsonable cause under subsection (c), the
head of the Federal agency or instrumental-
ity receiving the Information shall review
the evidence and recommendations and
shall, not later than 30 days after the re-
ceipt of that finding, transmit to the Con.
grew a report specifying-
(A) the nature of the case and a summary
of the evidence transmitted by the Board:
and
(B) the decision by the Federal agency or
instrumentality to take disciplinary or other
appropriate action against that-individual or
the reasons for deciding not to take discipli-
nary or other action with respect to that in-
dividual.
SWC. afa RRLATION TO OTNn MOCISDING5.
Nothing in this title shall be construed to
create administrative or Judicial review rem-
edies or rights of action aoL otherwise avail-
able by law. nor shall any provision of this
title be construed to deprive any person of
any right or legal defense which would oth-
erwise be available to that person under any
law. rule. or regulation.
TITLE IV-DIPLOMATIC SECURITY
PROGRAM
SiC. 01. AUTWORMAT10N.
(a) DznoiAnc 82cVRrrs PROORAat-In ad-
dition to amounts otherwise available for
such purpose& there are hereby authorized
to be appropriated for the Department of
State for final yeah 1911 through 1990
under the heading "Adminlatration of For-
eign Affairs" for "Salaries and Zxpenses".
"Acquisition and Maintenance of Buildings
Abroad", sod "Counter-terrorUm Research
and Develnpsseut such Bums as may be
aeceleary for diplomatic security constnfe-
lian, acquisition. mad operations pursuant to
the Department of State's Supplemental
Diplomatic Security Program. except that
the aggregate appropriations pursuant to
this substation for each such account for
those fin fiscal years may not exceed the
total amount specified for that account for
those five flscal years In the Department of
State's Budget In Brief for fiscal year 1117.
(b) Nonricanosr ro Avrsotanro CoaoaT-
Tosw or Raevbrs roe Armen snows.-Ih
any fiscal year. whenever the Secretary of
State submits to the Congress a request for
appropriations to carry out the program de.
scribed In subsection (a). the secretary shall
notify the Commute, on Foreign Affairs of
the Souse of Representatives and the Com-
mittee on Foreign Relations of the Senate
of such request, together with a justifica-
tion of each item listed in such request.
(c) RMMOOMA UM TRRATUMT.-Amounts
made available for capital projects pursuant
to the program described in subsection (a)
shall be treated as a reprogramming of
funds under section 34 of the State Depart.
meat Bade Authorities Act of 19M (22
U.S.C. 7708) and shall not be available for
obligation or expenditure except in compU.
ance with the procedures applicable to such
reprogramming.
(d) PRoxrsrnrow on RULLorAnows or Av-
rxeatzArtows.-Section 24(d) of the State
Department Bade Authorities Act of 1956
(22 U.S.C. 2192(d)) shall not apply with re-
spect to any amounts authorized to be ap
propriated under this section.
(e) Ssctram Raovasmmrrs or Ovum
Fouzow AtvAas AGmcres.-Based solely on
security requirements and within the total
curity requirements of other foreign affairs
agencies.
(f) IwsvrncrgcT or Fvwas.-In the event
that sufficient funds are not available in
any fiscal year for all of the diplomatic se-
curity construction. acquisition. and oper-
ations pursuant to the Department of
State's supplemental Diplomatic Security
Program the Secretary of State shall report
to the Congress the effect that the insuffi-
ciency of funds will have with respect to the
Department of State and each of the other
foreign affairs agencies.
SIC. (eL DIP O11ATIC CON![RUCTION PROGRAZ
(a) PRanaues roe Uwrzzp STATES Cow-
TaAcroas.-Notwithstanding section 11 of
the Foreign Service Buildings Act. 1926, and
where adequate competition exists. only
United States persons and qualified United
States joint venture persons may bid on a
diplomatic construction project, for which
funds are authorized by this title. which has
an estimated contract value exceeding
93.000.000.
(b) l:zcsrrtow.-Subsection (a) shall not
apply .with respect to any project in a for.
eign country whose laws and policies pro-
hibit the use of United States contractors
on United States diplomatic construction
projects.
(c) Desrwrnows.-For the purposes of this
section-
(1) the term "adequate competitan"
means with respect to a construction
project. the presence of two or more quail.
fled bidders submitting responsive bids for
that project:
(2) the term "United States person'.
means a person which-
(A) Is incorporated or legally organised
under the laws of the United States, Indud-
ing State. the District of Columbia` and
local laws: and
(B) has Its principal place of businar in
the United States: and
(C) has been incorporated or legaily orga-
nised in the United States for more than $
years before the Issuance date of the Invtta.
Lion for bids or request for proposals with
respect to a construction project: and
(D) has performed within the United
States administrative and technical. profes.
sional. or construction services similar in
complexity. type of construction. and value
to the project being bid; and
(B) has achieved total business volume
equal to or greater than the value of the
project being bid in 3 years of the S-year
period before the date specified in subpara-
graph (C); and
(F) employs United States citizens in more
than half of its permanent, full-time post.
tions in the United States and will employ
United States citizens in 50 percent of the
supervisory positions on the foreign build-
ings office project site and
(0) has the existing technic and ftnan-
cial resources in the United States to per-
form the contract: and
(3) the term "qualified United States joint
venture person" means a Joint venture In
which a United States person or persons
owns at least 91 percent of the assets of the
joint venture.
(d) AmMmAw Maroaewy ColrrsAcroas.-
Not lees than 10 percent of the amount ap
propriated pursuant to section 401(a) for
diplomatic construction projects each fiscal
year shalt be allocated to the extent practi-
cable for contracts with American minority
InRRD FOR
,TRUCrnON
In carrying out the diplomatic construc-
tion program referred to In section 401(a),
the Secretary of State my employ as pro-
fessional staff (by appointment contract, or
otherwlsi
onstrate(
fields of
contract
tlons, tb
women a
sac. es. C
Any a
capital p
of State'
ty ProV
amount
shad be
funds un
sent Br
U.S.C. 2
obligado,
ante witl
reprograi
sac. Nla a
The D
Building
system o
lomatic c
ant to t:
title. Not
of enactf
submit a repurL w cne a-ungr~ on
plementation of this section.
SSC. ML ADVIIORY PANaL ON OVWCAS Sactai-
TY.
Not later than 90 days after. the date of
enactment of this Act, the Secretary of
State shall submit a report to the Congress
on the Implementation of the 91 recommen-
dations contained in the final report of the
Advisory Panel on Overseas Security. If any
such has been rejected.
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139920. 180
Mr. Lugar
[STAFF DRAFT: May 7, 19861
Viz:
1 Strike out all after the enacting clause and insert in
2 lieu thereof the following:
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Diplomatic Security and
5 Antiterrorism Act of 1986".
6 SEC. 2. TABLE OF CONTENTS.
7 The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--DIPLOMATIC SECURITY
Sec.
101.
Short title.
Sec.
102.
Findings and purposes.
Sec.
103.
Responsibility of the Secretary of State.
Sec.
104.
Bureau of Diplomatic Security.
Sec.
105.
Responsibilities of the Assistant Secretary for
Diplomatic Security.
Sec.
106. Cooperation of other Federal agencies.
Sec.
201.
Establishment of Diplomatic Security Service.
Sec.
202.
Director of Diplomatic Security Service.
Sec.
203.
Positions in the Diplomatic Security Service.
Sec.
301.
Accountability
review.
Sec.
302.
Accountability
Review Eoard.
Sec.
303.
Procedures.
Sec.
304.
Findings and recommendations by a Board.
Sec.
305.
Relation to other proceedings.
P., /I''
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S.L.C.
2
Sec.
401.
Authorization.
Sec.
402.
Diplomatic construction program.
Sec.
403.
Qualifications of persons hired for the diplomatic
construction program.
Sec.
404.
Cost overruns.
Sec.
405.
Efficiency in contracting.
Sec.
406.
Training to Improve perimeter security at United
States diplomatic missions abroad.
Sec. 407. Certain protective functions.
TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL
TERRORISM
Sec. 501. Rewards for information relating to international
narcoterrorism and drug trafficking.
Sec. 502. Counterterrorism Protection Fund.
Sec. 503. Authority to control certain terrorism-related
services.
Sec. 601. Short title.
Sec. 602. Fellowship program for temporary service at United
Sec.
603.
States missions in the Soviet Union and Eastern
Europe.
Fellowship Board.
Sec.
604.
Fellowships.
Sec.
605.
Secretary of State.
Sec. 701. Negotiations to make international terrorism a
universal crime.
1
TITLE I--DIPLOMATIC SECURITY
2
SEC.
101. SHORT TITLE.
3
Titles I through IV of this Act may be cited as the
4
''Diplomatic Security Act".
5
SEC.
102. FINDINGS AND PURPOSES.
6
(a) Findings.--The Congress finds and declares that--
7
(1) the United States has a crucial stake in the
8
presence of United States Government personnel
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3
1 representing United States interests abroad;
2 (2) conditions confronting United States Government
3 personnel and missions abroad are fraught with security
4 concerns which will continue for the foreseeable future;
5 and
6 (3) the resources now available to counter acts of
7 terrorism and protect and secure United States Government
8 personnel and missions abroad, as well as foreign
9 officials and missions in the United States, are
10 inadequate to meet the mounting threat to such personnel
11 and facilities.
12 (b) Purposes.--The purposes of titles I through IV are--
13 (1) to set forth the responsibility of the Secretary
14 of State with respect to'the security of diplomatic
15 operations in the United States and abroad;
16 (2) to provide for an Assistant Secretary of State tc
17 head the Bureau of Diplomatic Security of the Department
18 of State, and to set forth certain provisions relating tc
19 the Diplomatic Security Service of the Department of
20 State;
21 (3) to maximize coordination by the Department of
22 State with Federal, State, and local agencies and
23 agencies of foreign governments in order to enhance
24 security programs;
25 (4) to promote strengthened security measures and to
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4
1 provide for the accountability of United States
2 Government personnel with security-related
3 responsibilities; and
4 (5) to provide authorization of appropriations for
5 the Department of State to carry out its responsibilities
6 in the area of security and counterterrorism, and in
7 particular to finance the acquisition and improvements of
8 United States Government missions abroad, including real
9 property, buildings, facilities, and communications,
10 information, and security systems.
11 SEC. 103. RESPONSIBILITY OF THE SECRETARY OF STATE.
12 (a) Security Functions.--The Secretary of State shall
13 develop and implement (in consultation with the heads of
14 other Federal agencies having personnel or missions abroad
15 where appropriate and within the scope of the resources made
16 available) policies and programs, including funding levels
17 and standards, to provide for the security of United States
18 Government operations of a diplomatic nature and foreign
19 government operations of a diplomatic nature in the United
20 States. Such policies and programs shall include--
21 (1) protection of all United States Government
22 personnel on official duty abroad (other than those
23 personnel under the command of a .United States area
24 military commander) and their accompanying dependents;
25 (2) establishment and operation of security functions
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139920.180 S.L.C.
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1 at all United States Government missions abroad (other
2 than facilities or installations subject to the control
3 of a United States area military commander);
4 (3) establishment and operation of security functions
5 at all Department of State facilities in the United
6 States; and
7 (4) protection of foreign missions, international
9 organizations, and foreign officials and other foreign
9 persons in the United States, as authorized by law.
10 (b) Oversight of Posts Abroad.--The Secretary of State
11 shall--
12 (1) have full responsibility for the coordination cf
13 all United States Government personnel assigned to
14 diplomatic or consular posts or other United States
15 missions abroad pursuant to United States Government
16 authorization (except for facilities, installations, or
17 personnel under the command of a United States area
is military commander) ; and
t ..., 11
.r 5~1~/<
i 19 (2) establish appropriate overseas staffing levels
A
20 for all such posts or missions for all Federal agencies
with activities abroad (except for personnel and
activities under the command of a United States area
1
23 military commander).
24 (c) Federal Agency.--As used in this title and title III,
25 the term "Federal agency" includes any department or agency
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1 of the United States Government.
2 SEC. 104. BUREAU OF DIPLOMATIC SECURITY.
3 (a) The Bureau.--There shall be a Bureau of Diplomatic
4 Security In the Department of State, to be headed by the
5 Assistant Secretary for Diplomatic Security. The Assistant
6 Secretary shall be responsible for carrying out the functions
7 and duties set forth in section 105 and such additional
8 functions as may be directed by the Secretary of State.
9 (b) Number of Assistant Secretaries.--The first section
10 of the Act entitled '' An Act to strengthen and improve the
11 organization and administration of the Department of State,
12 and for other purposes," approved May 26, 1949 (22 U.S.C.
13 2652), is amended by striking out "fourteen" and inserting
14 In lieu thereof ",fifteen".
15 (c) Positions at Level IV of the Executive Schedule.--
16 Section 5315 of title 5, United States Code, is amended by
17 striking out '' (14) " following "Assistant Secretaries of
18 State" and inserting in lieu thereof "(15)".
19 (d) Compliance with Budget Act.--New spending authority
20 (within the meaning of section 401(c)(2)(C) of the
21 Congressional Budget and Impoundment Control Act of 1974)
22 provided by the amendment made by subsection (c) of this
23 section shall be effective for any fiscal year only to the
24 extent or in such amounts as provided in appropriations Acts.
25 SEC. 105. RESPONSIBILITIES OF THE ASSISTANT SECRETARY FOR
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7
1 DIPLOMATIC SECURITY.
2 The Assistant Secretary for Diplomatic Security shall be
3 responsible for such activities related to diplomatic
4 security as the Secretary of State shall designate.
5 SEC. 106. COOPERATION OF OTHER FEDERAL AGENCIES.
6 (a) Assistance.--In order to facilitate fulfillment of
7 the responsibilities described in section 103(a), other
a Federal agencies shall cooperate (through agreements) to the
9 maximum extent possible with the Secretary of State. Such
10 agencies may, with or without reimbursement, provide
11 assistance to the Secretary, perform security inspections,
12 provide logistical support relating to the differing missions
13 and facilities of other Federal agencies, and perform other
14 overseas security functions as may be authorized oy the
15 Secretary. Specifically, the Secretary may agree to delegate
16 operational control of overseas security functions of other
17 Federal agencies to the heads of such agencies, subject to
18 the Secretary's authority as set forth in section 103(a). The
19 agency head receiving such delegated authority shall be
20 responsible to the Secretary in the exercise of the delegated
operational control.
22 (b) Other Agencies.--The President shall prescribe such
23 regulations as may be necessary to assure that the
24 implementation of titles I through IV dga-s not limit or
A
25 impair the authority or responsibility of any other Feaeral,
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1 State, or local agency with respect to law enforcement,
2 domestic security operations, or Intelligence activities (as
4 (c) Certain Lease Arrangements.--The Administrator of
5 General Services is authorized to lease (to such extent or in
6 such amounts as are provided in appropriation Acts) such
7 amount of space in the United States as may be necessary for
8 the Department of State to accommodate the personnel requires
9 to carry out this title. The Department of State shall pay
10 for such space at the rate established by the Administrator
11 of General Services fcr space and related services.
12 TITLE II--DIPLOMATIC SECURITY SERVICE
13 SEC. 201. ESTABLISHMENT OF DIPLOMATIC SECURITY SERVICE.
14 There shall be, within the Eureau of Diplomatic Security,
15 the Diplomatic Security Service. The Diplomatic Security
16 Service shall perform such functions as may be assigned to it
17 by the Secretary of State.
18 SEC. 202. DIRECTOR OF DIPLOMATIC SECURITY SERVICE.
19 The Diplomatic Security Service shall be headed by a
22 Director designated by the Secretary of State from among
21 individuals having a demonstrated ability in the area of
22 security, law enforcement, management, or public
23 administration. The Director shall act under the supervisicn
24 and direction of the Assistant Secretary for Diplomatic
25 Security.
It
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1 SEC. 203. POSITIONS IN THE DIPLOMATIC SECURITY SERVICE.
2 Positions in the Diplomatic Security Service shall be
3 filled in accordance with the provisions of the Foreign
4 Service Act of 1980 (22 U.S.C. 3901 et seq.) and title 5,
5 United States Code. In filling such positions, the Secretary
6 of State shall actively recruit women and members of minority
7 groups. The Secretary of State shall prescribe the
8 qualifications required for assignment or appointment to such
9 positions. In the case of positions designated for special
10 agents, the qualifications may include minimum and maximum
11 entry age restrictions and other physical standards and shall
12 incorporate such standards as may be required by law in order
13 to perform security functions, to bear arms, and to exercise
14 investigatory, warrant, arrest, and such other authorities as
15 are available by law to special agents of the Department of
16 State and the Foreign Service.
17 TITLE III--PERFORMANCE AND ACCOUNTABILITY
18 SEC. 301. ACCOUNTABILITY REVIEW.
19 In any case of serious injury, loss of life, or
20 significant destruction of property at or related to a Unitec
21 States Government mission abroad which is covered by the
22 provisions of titles I through IV (other than a facility or
23 installation subject to the control of a United States area
24 military commander), the Secretary of State shall convene an
25 Accountability Review Board (hereafter in this title referred
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1 to as the ",Board"). The Secretary shall not convene a Poarc
2 where the Secretary determines that a case clearly Involves
3 only causes unrelated to security.
4 SEC. 302. ACCOUNTABILITY REVIEW BOARD.
5 (a) Membership.--A Board shall consist of five members, 4
6 appointed by the Secretary of State, and 1 appointed by the
7 Director of Central Intelligence. The Secretary of State
8 shall designate the chairperson of the Board. Members of the
9 Board who are not Federal officers or employees shall each be
13 paid at a rate not to exceed the maximum rate of basic pay
11 payable for level GS-18 of the General Schedule for each day
12 (including travel time) during which they are engaged in the
13 actual performance of duties vested in the Board. Members of
14 the Board who are Federal officers or employees shall receive
15 no additional pay by reason of such membership.
16 (b) Facilities, Services, Supplies, and Staff.--
17 (1) Supplied by department of state.--A Board shall
18 obtain facilities, services, and supplies through the
19 Department of State. All expenses of the Board, including
20 necessary costs of travel, shall be paid by the
21 Department of State. Travel expenses authorized under
22 this paragraph shall be paid in accordance with
23 subchapter I of chapter 57 of title 5, United States
24 Code, or other applicable law.
25 (2) Detail.--At the request of a Board, employees of
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11
1 the Department of State or other Federal agencies,
2 members of the Foreign Service, or members of the
3 uniformed services may be temporarily assigned, with or
4 without reimbursement, to assist the Board. Upon request,
5 the Inspector General of the Department of State and the
6 Foreign Service may provide assistance to the Board.
7 (3) Experts and consultants.--A Board may employ and
a compensate (in accordance with section 3109 of title 5,
9 United States Code) such experts ana consultants as the
10 Board considers necessary to carry out its functions.
11 Experts and consultants so employed shall be responsible
12 solely to the Board.
13 SEC. 303. PROCEDURES.
14 (a) Evidence.--
15 (1) United States Government personnel and
16 contractors.--
17 (A) with respect to any individual described in
18 subparagraph (B), a Board may--
19 (1) administer oaths and affirmations;
20 (ii) require that depositions be given and
21 interrogatories answered; and
22 (iii) require the attendance and pre-entaticr.
23 of testimony and evidence by such individual.
24 Failure of any such individual to comply witn a
25 request of the Board shall be grounds for
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1 disciplinary action by the head of the Federal agency
2 in which such individual is employed or serves, or in
3 the case of a contractor, debarment.
4 (5) The individuals referred to in subparagraph
5 (A) are--
6 (i) employees as defined by section 2105 of
7 title 5, United States Code (including members of
8 the Foreign Service);
9 (ii) members of the uniformed services as
10 defined by section 101(3) of title 37, United
11 States Code;
12 (iii) employees of instrumentalities of the
13 United States; and
14 (iv) individuals employed by any person or
15 entity under contract with agencies or
16 instrumentalities of the United States Government
17 to provide services, equipment, or personnel.
18 (2) Other Persons.--With respect to a person who is
19 not described in paragraph (1)(B), a Board may administer
20 oaths and affirmations and require that depositions be
21 given and interrogatories answered.
22 (3) Subpoenas.--(A) The Board may issue a subpoena
23 for the attendance and testimony of any person (other
24 than a person described in clause (I), (ii), or (iii) of
25 paragraph (1)(B)) and the production of documentary Cr
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1 other evidence from any such person if the Board finds
2 that such a subpoena is necessary in the Interests of
3 justice for the development of relevant evidence.
4 (R) In the case of contumacy or refusal to obey a
5 subpoena Issued under this paragraph, a court of the
6 United States within the jurisdiction of which a person
7 Is directed to appear or produce information, or within
8 the jurisdiction of which the person is found, resides,
9 or transacts business, may upon application of the
10 Attorney General, issue to such person an order requiring
11 such person to appear before the Board to give testimony
12 or produce information as required by the subpoena.
13 (C) Subpoenaed witnesses shall be paid the same fee
14 and mileage allowances which are paid subpoenaed
15 witnesses in the courts of the United States.
16 (b) Confidentiality.--A Board shall adopt for
17 administrative proceedings under this title such procedures
18 with respect to confidentiality as may be deemed necessary,
19 including procedures relating to the conduct of closed
20 proceedings or the submission and use of evidence in camera,
21 to ensure in particular the protection of classified
22 information relating to national defense, foreign policy, or
23 Intelligence matters. The Director of Central Intellieence
24 shall establish the level of protection required for
25 Intelligence information and for information relating to
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1 Intelligence personnel, including standards for secure
2 storage.
3 (c) Records.--
4 (1) In general.--Records pertaining to administrative
5 proceedings under this title shall be separated from all
6 other records of the Department of State and shall be
7 maintained under appropriate safeguards to preserve
8 confidentiality and classification of information. Such
9 records shall be prohibited from disclosure to the public
10 until such time as a Board completes its work and is
11 dismissed. The Department of State shall turn over to the
12 Director of Central Intelligence intelligence information
13 and information relating to intelligence personnel which
14 shall then become records of the Central Intelligence
15 Agency. After that time, only such exemptions as apply tc
16 other records of the Department of State under section
17 552(b) of title 5 of the United States Code (relating to
18 freedom of Information), shall be available for the
19 remaining records of the Board.
20 (2) Use as evidence.--No part of any record
21 pertaining to administrative proceedings under this title
22 may be admitted as evidence or used in any suit or action
23 for damages growing out of any matter mentioned in such
24 record.
25 (d) Status cf Boards.--The Provisions of the Federal
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1 Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section
2 552b of title 5 of the United States Code (relating tc open
3 meetings) shall not apply to any Board.
4 SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.
5 (a) Findings.--A Board convened in any case shall examine
6 the facts and circumstances surrounding the serious injury,
7 loss of life, or significant destruction of property at or
3 related to a United States Government mission abroad and
9 shall make written findings determining--
10 (1) whether there are reasonable grounds to believe
11 that the injury, loss of life, or destruction of property
12 with respect to which the Board was convened was
13 security-related; and
14 (2) w~iether there is reasonable cause to believe that
15 a breach of duty by an individual described in section
16 303(a)(1)(B) contributed to such injury, loss of life, or
17 destruction of property.
18 In making its findings, the Board shall take into acccunt
19 such standards of conduct, statutes, rules, regulations,
20 instructions and other sources as may have been pertinent to
21 the performance of work and official duties.
22 (b) Program Recommendations.--The Board shall make
23 recommendations to the Secretary of State as appropriate to
24 improve the efficiency, economy, suitability, or security of
25 any program or operation which the Board has reviewed,
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1 particularly recommendations to promote security awareness
2 and individual accountability for security programs.
3 (c) Disciplinary Proceedings.--
4 (1) Notice.--Whenever a Board finds reasonable cause
5 to believe than an individual has breached a duty under
6 subsection (a)(2), the Board shall promptly notify the
7 individual concerned. The Board at the same time shall
9 notify the head of the appropriate Federal agency or
9 instrumentality of such finding and recommend that such
10 agency or instrumentality initiate an appropriate
11 investigatory or disciplinary proceeding.
12 (2) Record.--Whenever notice of a finding under
13 paragraph (1) is made, the Board shall transmit to the
14 head of the appropriate Federal agency or instrumentality
15 a certified copy of the record of the pertinent
16 administrative proceeding undertaken by the Board under
17 this title, which shall be part of the official reccrd
18 for all curposes of any disciplinary action against the
19 individual concerned.
23 (d) ReDorts.--
(1) Program recommendations.--In any case in which a
22 Board transmits recommendations to the Secretary of State
23 under subsection (b), the Secretary shall, not later than
24 90 days after the receipt of such recommendations, submit
25 a report to the Congress on each such recommendation and
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1 the action taken with respect to that recommendation.
2 (2) Personnel recommendations.--In any case in which
3 a Board transmits a finding of reasonable cause under
u subsection (c), the head of the Federal agency or
5 instrumentality receiving the Information shall review
6 the evidence and recommendations and shall, not later
7 than 30 days after the receipt of that finding, transmit
8 to the Congress a report specifying--
9 (A) the nature of the case and a summary of the
10 evidence transmitted t;y the Board; and
11 (B) the decision by the Federal agency or
12 instrumentality to take disciplinary or other
13 appropriate action against that individual or the
14 reasons for deciding not to take disciplinary or
15 other action with respect to that individual.
16 SEC. 305. RELATION TO OTHER PROCEEDINGS.
17 Nothing in this title shall oe construed to create
18 administrative or judicial review remedies or rights of
19 action not otherwise available by law, nor shall any
20 provision of this title be construed to deprive any person of
21 any right or legal defense which would otherwise be availatlE
22 to that person under any law, rule, or regulation.
23 TITLE IV--DIPLOMATIC SECURITY PROGRAM
24 SEC. 401. AUTHORIZATION.
25 (a) Diplomatic Security Program.--In addition to amounts
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1 otherwise available for such purposes, there are authorized
2 to be appropriated for the Department of State under the
3 heading "Administration of Foreign Affairs" for "Salaries
4 and Expenses", "Acquisition and Maintenance of Buildings
5 Abroad", and "Counterterrorism Research and Development",
6 $ for the fiscal year 1986 and $ for the
7 fiscal year 1987 for diplomatic security construction,
8 acquisition, and operations pursuant to the Department of
9 State's Supplemental Diplomatic Security Program, as
10 justified to the Congress for the respective fiscal year.
11 (b) Reprogramming Treatment.--Amounts made available fcr
12 capital projects pursuant to the program described in
13 subsection (a) shall be treated as a reprogramming of funds
14 under section 34 of the State Department Basic Authorities
15 Act of 1956 (22 U.S.C. 2706) and shall not be available for
16 obligation or expenditure except in compliance with the
17 procedures applicable to such reprogramming.
18 (c) Security Requirements of Other Foreign Affairs
19 Agencies.--Based solely on security requirements and within
23 the total amount of funds available for security, the
21 Secretary of State shall ensure tnat an equitable level of
22 funding is provided for the security requirements of other
23 foreign affairs agencies.
24 (d) Insufficiency of Funds.--In the event that sufficient
25 funds are not available in any fiscal year for all of the
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1 diplomatic security construction, acquisition, and operations
2 pursuant to the Department of State's Supplemental Diplomatic
3 Security Program, as justified to the Congress for such
4 fiscal year, the Secretary of State shall report to the
5 Congress the effect that the insufficiency of funds will have
6 with respect to the Department of State and each of the other
7 foreign affairs agencies.
8 SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM.
9 (a) Preference for United States Contractors.?
13 Notwithstanding section 11 of the Foreign Service Buildings
11 Act, 1926, and where adequate competition exists, only United
12 States persons and qualified United States joint venture
13 persons may bid on a diplomatic construction or design
14 project, for which funds are authorized to be appropriated by
15 this title, which has an estimated total project value
15 exceeding $5,000,000.
17 (b) Lxception.--Subsection (a) shall not apply
-~ r
19 prohibit the use of United States contractors on
(2) 71_i .s e w. c,e P i,, s l( v-y
23 United States diplomatic construction projects b
21 vale :4+ -= 30 days after the Secretary of State certifie~
22 to the Congress that he hak urged such foreign country to
U.S.
23 permit the use of ,. t contractors on such projects.
24 (c) Definitions.--For the purposes of this section--
25 (1) the term "adequate competition" means with
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1 respect to a construction project, the presence of two or
2 more qualified bidders who are (A) United States persons
3 or are qualified United States joint venture persons and
4 (B) who are submitting responsive bids for that project;
5 (2) the term "United States person" means a person
6 which--
7 (A) is incorporated or legally organized under
9 the laws of the United States, Including State, the
9 District of Columbia, and local laws; and
13 (3) has its principal place of business in the
11 United States; and
12 (C) has been incorporated or legally organized in
13 the United States for more than 5 years before the
14 issuance date of the invitation for bids or request
15 for proposals with respect to a construction prcject;
16 and
17 (D) has performed administrative and technical,
18 professional, or construction services similar in
19 complexity, type of construction, and value to the
20 project being bid; and
21 (E) has achieved total business volume equal to
22 or greater than the value of the project being bid in
23 3 years of the 5-year period before the date
24 specified in subparagraph (C); and
25 (7) employs United States nationals in more than
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21
half of its permanent, full-time positions in the
United States, including management positions, and
will employ United States nationals in 80 percent of
the supervisory positions on the foreign buildings
office project site; and
(G) has the existing technical and financial
resources in the United States to perform the
contract; and
9 (3) the term ''qualified United States joint venture
10 person" means a joint venture in which a United States
11 person or persons owns at least 51 percent of the assets
12 of the joint venture.
13 (d) American Minority Contractors.--Not less than 10
14 percent of the amount appropriated pursuant to section 401(a)
15 for diplomatic construction projects each fiscal year shall
16 be allocated to the extent practicable for contracts with
17 American minority contractors.
18 SEC. 403. QUALIFICATIONS OF PERSONS HIRED FOR THE DIPLOMATIC
19 CONSTRUCTION PROGRAM.
20 In carrying out the diplomatic construction program
21 referred to in section 401(a), the Secretary of State shall
22 employ as professional staff (by appointment, contract, or
23 otherwise) only those persons with a demonstrated specialized
24 background In the fields of construction, construction law,
25 or contract management. In filling such positions, the
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1 Secretary shall actively recruit women and members of
2 minority groups.
3 SEC. 404. COST OVERRUNS.
4 Any amount required to complete any capital project
5 described in the Department of State's Supplemental
6 Diplomatic Security Program, as justified to the Congress for
7 the respective fiscal year, which is in excess of the amount
8 made available for that project shall be treated as a
9 reprogramming of funds under section 34 of the State
10 Department Basic Authorities Act cf 1956 (22 U.S.C. 2706) and
11 shall not be available for obligation or expenditure except
12 in compliance with the procedures applicable to such
13 reprogrammings.
14 SEC. 405. EFFICIENCY IN CONTRACTING.
15 (a) Bonuses and Penalties.--The Director of the Gffice of
15 Foreign Buildings shall provide for a contract system of
17 bonuses and penalties for the diplomatic construction program
18 funded pursuant to the authorizations of appropriations
19 provided in this title. Not later than 3 months after the
20 date of enactment of this Act, the Director snail submit a
21 report to the Congress on the implementation of this section.
22 (b) Surety Bonds and Guarantees.--The Director of the
23 office of Foreign Buildings shall require each contactor
24 performing work under the diplomatic construction program to
25 post a surety bond or guarantee, in such arrount as the
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1 Director may determine, to assure compliance with the
2 provisions of this Act.
3 (c) Disqualification of Contractors.--No person doing
4 business with Libya may be eligible for a contract under this
5 Act.
6 SEC. 406. TRAINING TO IMPROVE PERIMETER SECURITY AT UNITED
7 STATES DIPLOMATIC MISSIONS ABROAD.
8 It is the sense of Congress that the President should use
9 the authority under chapter 8 of title II of the Foreign
10 Assistance Act of 1961 (relating to antiterrorism assistance)
11 to improve perimeter security of United States diplomatic
12 missions abroad.
13 SEC. 407. CERTAIN PROTECTIVE FUNCTIONS.
14 Section 208(a) of title 3, United States Code, is amended
15 by adding at the end thereof the following: "In carrying cut
16 any duty under section 202(7), the Secretary of State is
17 authorized to utilize any authority available to the
18 Secretary under title II of the State Department Basic
19 Authorities Act of 1956.".
20 TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT
21 INTERNATIONAL TERRORISM
22 SEC. 501. REWARDS FOR INFORMATION RELATING TO INTERNATIONAL
23 NARCOTFRRORISM AND DRUG TRAFFICKING.
24 (a) Authority of the Secretary of State.--Section 36(a)
25 of the State Department Pasic Authorities Act of 1956 (22
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1 U.S.C. 2708(a)) is amended to read as follows:
2 '*(a) The Secretary of State may pay a reward to any
3 individual who furnishes the following information:
4 "(1) International terrorism.--Information leading
5 to--
6 "M the arrest or conviction in any country of
7 any individual for committing, or for conspiring or
8 attempting to commit, an act of international
9 terrorism; or
10 "(B) the prevention, frustration, or favorable
11 resolution of an act of international terrorism;
12 if the act of International terrorism is against a Unitea
13 States person or United States property and is primarily
14 outside the territorial jurisdiction of the United
15 States.
16 " (2) International narcoterrorism and drug
17 trafficking.--Information leading to--
18 '?(A) the arrest or conviction in any country of
19 any individual for committing primarily outside the
20 territorial jurisdiction of the United States, or for
21 conspiring or attempting to commit primarily outside
22 the territorial jurisdiction of the United States, a
23 narcotics-related offense, if that offense involves
24 or is a significant part of conduct that involves--
25 "(1) a violation of United States drug laws
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which occurs primarily outside the territorial
jurisdiction of the United States and which is
such that the Individual is a class I violator
under the Domestic Drug Violator Classification
Standards and Criteria established by the Drug
Enforcement Administration; or
"(ii) the killing or kidnapping outside the
territorial jurisdiction of the United States
of--
10 "M any officer, employee, or contract
11 employee of the United States Government
12 while that individual Is engaged in official
13 duties, or on account of that individual's
14 official duties, In connection with the
15 enforcement of United States drug laws or the
16 implementation of United States drug control
17 objectives, or
18 " (II) a member of the immediate family
19 of any such individual on account of that
20 individual's duties in connection with the
21 enforcement of United States drug laws or the
22 implementation of United States drug control
23 objectives; or
24 *'(P) the prevention or frustration of an act
25 described in subparagraph M.".
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1 (b) Consultation with the Attorney General.--Section
2 36(c) of such Act is amended to read as follows:
3 "(c) The Secretary of State shall advise and consult
4 with the Attorney General before paying any reward under this
5 section--
6 "(1) In a matter over which there is Federal
7 criminal jurisdiction; or
8 " (2) for any information described in subsection
9 (a)(2).".
10 (c) Funding for Rewards.--Section 36(f) of such Act is
11 amended by striking out the period at the end of the first
12 sentence and inserting in lieu thereof the following: ", up
13 to $2,000,000 of which may be used for rewards for
14 information described in subsection (a)(2). In addition to
15 the amount authorized by the preceding sentence, there are
16 authorized to be appropriated $10,000,000 for fiscal year
17 1987 for 'Administration of Foreign Affairs' for use in
18 paying rewards under this section, up to $5,000,000 of which
19 may be used for rewards for information described in
20 subsection (a)(2).".
21 (d) Reports on Rewards; Definitions.--Section 36 of such
22 Act is amended by adding at the end thereof the following nev
23 subsections:
24 " (g) Not later than 30 days after paying any reward
25 under this section, the Secretary of State shall submit a
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1 report to the Congress with respect to that reward. The
2 report, which may be submitted on a classified basis If
3 necessary, shall specify the amount of the reward paid, to
4 whom the reward was paid, and the acts with respect to which
5 the reward was paid, and shall discuss the significance of
6 the information for which the reward was paid in dealing with
7 those acts.
8 '' (h) As used in this section--
9 "M the term 'United States drug laws' means the
10 laws of the United States for the prevention and control
11 of illicit traffic in controlled substances (as such term
12 is defined for purposes of the Controlled Substances
13 Act); and
14 *1(2) the term 'member of the immediate family'
15 includes--
16 "M a spouse, parent, brother, sister, or child
17 of the individual;
18 "M a person to whom the Individual stands in
19 loco parentis; and
20 '' (C) any other person living in the individual's
21 household and related to the individual by blood or
22 marriage.".
23 SEC. 502. COUNTERTERPORISM PROTECTION FUND.
24 The State Department Basic Authorities Act of 1956 is
25 amended--
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1 (1) by redesignating section 39 as section 40; and
2 (2) by inserting after section 38 (22 U.S.C. 2710)
3 the following new section:
4 "SEC. 39. COUNTERTERRORISM PROTECTION FUND.
5 " (a) Authority.--The Secretary of State may reimburse
6 domestic and foreign persons, agencies, or governments for
7 the protection of Judges or other persons who provide
8 assistance or information relating to terrorist Incidents
9 primarily outside the territorial Jurisdiction of the United
13 States. Before making a payment under this section in a
11 matter over which there is Federal criminal jurisdiction, the
12 Secretary shall advise and consult with the Attorney General.
13 "(b) Authorization of Appropriations.--There are
14 authorized to be appropriated to the Secretary of State for
15 'Administration of Foreign Affairs' $1,000,000 for fiscal
16 year 1986 and $1,000,000 for fiscal year 1987 for use in
17 reimbursing persons, agencies, or governments under this
18 section.
19 "(c) Designation of Fund.--Amounts made available under
20 this section may be referred to as the `Counterterrorism
21 Protection Fund'. ' '.
22 SEC. 503. AUTHORITY TO CONTROL CERTAIN TERRORISM-RELATED
23 SERVICES.
24 The State Department Basic Authorities Act of 1956 is
25 amended--
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1 (1) by redesignating section 40 (as so redesignated
2 by section 502 of this Act) as section 41; and
3 (2) by inserting after section 39 (as added by
4 section 522 of this Act) the following new section:
5 "SEC. 40. AUTHORITY TO CONTROL CERTAIN TERRORISM-RELATED
6 SERVICES.
7 "(a) Authority.--The Secretary of State may, by
8 regulation, impose controls on the provision of the services
9 described in subsection (b) if the Secretary determines that
10 provision of such services would aid and abet International
11 terrorism.
12 *1(b) Services Subject to Control.--The services subject
13 to control under subsection (a) are the following:
14 "(1) Serving in or with the security forces of a
15 designated foreign government.
16 "(2) Providing training or other technical services
17 having a direct military, law enforcement, or
is intelligence application, to or for the security forces
19 of a designated fcreign government.
20 Any regulations issued to impose controls on services
21 described In paragraph (2) shall list the specific types of
22 training and other services subject to the controls.
23 "(c) Persons Subject of Controls.--These services may be
24 controlled under subsection (a) when they are provided within
25 the United States by any individual or entity and when they
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1 are provided anywhere In the world by a United States person.
2 "(d) Licenses.--In carrying out subsection (a), the
3 President may require licenses, which may be revoked,
4 suspended, or amended, without prior notice, whenever such
5 action is deemed to be advisable.
6 *'(e) Definitions.--
7 "(1) Designated foreign government.--As used in this
8 section, the term 'designated foreign government' means a
9 foreign government that the Secretary of State has
10 determined, for purposes of section 6(j)(1) of the Export
11 Administration Act of 1979, engages In or provides
12 support for international terrorism.
13 '*(2) Security forces.--As used in this section, the
14 term 'security forces' means any military or paramilitary
15 forces, any police or other law enforcement agency, and
16 any intelligence agency of a foreign government.
17 "(3) United States.--As used in this section, the
18 term 'United States' includes any State, the District of
19 Columbia, the Commonwealth of Puerto Rico, the
20 Commonwealth of the Northern Mariana Islands, and any
21 territory or possession of the United States.
22 11(4) United States person.--As used in this section,
23 the term 'United States person' means any United States
24 national, any permanent resident alien, and any sole
25 proprietorship, partnership, company, association, or
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1 corporation organized under the laws of or having its
2 principal place of business within the United States.
3 "M Violations.--Whoever willfully violates any
4 regulation issued under this section shall be fined not more
5 than $100,000 or five times the total compensation received
6 for the conduct which constitutes the violation, whichever Is
7 greater, or imprisoned for not more than ten years, or both,
8 for each such offense.
9 "(g) Congressional Oversight.--
10 "M Review of regulations.--Not less than 30 days
11 before Issuing any regulations under this section
12 (including any amendments thereto), the President shall
13 transmit the proposed regulations to the Congress.
14 " (2) Reports.--Not less than once every six months,
15 the President shall report to the Congress concerning the
16 number and character of licenses granted and denied
17 during the previous reporting period, and such other
18 information as the President may find to be relevant to
19 the accomplishment of the objectives of this section.
20 **(h) Relationship to Other Laws.--The authority granted
21 by this section is In addition to'the authorities granted by
22 any other provision of law.".
23 TITLE VI--FASCELL FELLOWSHIP PROGRAM
24 SEC. 601. SHORT TITLE.
25 This title may be cited as the " Fascell Fellowship
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1 Act' ' .
2 SEC. 602. FELLOWSHIP FROGRAM FOR TEMPORARY SERVICE AT UNITED
3 STATES MISSIONS IN THE SOVIET UNION AND EASTERN
4 EUROPE.
5 (a) Establishment.--There Is established a fellowship
6 program pursuant to which the Secretary of State will provide
7 fellowships to United States citizens while they serve, for a
8 period of between one and two years, in positions formerly
9 held by foreign national employees at United States
10 diplomatic or consular missions in the Soviet Union or
11 Eastern European countries.
12 (b) Designation of Fellowships.--Fellowships under this
13 title shall be known as " Fascell Fellowships".
14 (c) Purpose of the Fellowships.--Fellowships under this
15 title shall be provided in order to allow the recipient
16 (hereafter in this title referred to as a "Fellow") to
17 serve on a short-term basis at a United States diplomatic cr
18 consular mission in the Soviet Union or an Eastern European
19 country in order to obtain first hand exposure to that
20 country, including (as appropriate) independent study in
21 Soviet or Eastern European area studies or languages.
22 (d) Individuals Who May Receive a Fellowship.--To receive
23 a fellowship under this title, an individual must be a United
24 States citizen who is an undergraduate or graduate student, a
25 teacher, scholar, or other academic, or an other Individual,
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1 who has expertise in Soviet or Eastern European area studies
2 or languages and who has a working knowledge of the principal
3 language of the country in which he or she would serve.
4 (e) Women and Members of Minority Groups.--In carrying
5 out this section, the Secretary of State shall actively
6 recruit women and members of minority groups.
7 SEC. 603. FELLOWSHIP BOARD.
8 (a) Establishment and Function.--There is established a
9 Fellowship Board (hereafter in this title referred to as the
10 "Board"), which shall select the individuals who will be
11 eligible to serve as Fellows.
12 (b) Membership.--The Board shall consist of 9 members as
13 follows:
14 (1) A senior official cf the Department of State (whc
15 shall be the chair of the Board), designated by the
16 Secretary of State.
17 (2) An officer or employee of the Department of
18 Commerce, designated by the Secretary of Commerce.
19 (3) An cfficer or employee of the United States
20 Information Agency, designated by the Director of that
21 Agency.
22 (4) Six academic specialists in Soviet or Eastern
23 European area studies or languages, appointed by the
24 Secretary of State (in consultation with the chairman and
25 ranking minority member of the Committee on Foreign
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1 Affairs of the House of Representatives and the chairman
2 and ranking minority of the Committee on Foreign
3 Relations of the Senate).
4 (c) Meetings.--The Board shall meet at least once each
5 year to select the individuals who will be eligible to serve
6 as Fellows.
7 (d) Compensation and Per Diem.--Members of the Board
8 shall receive no compensation on account of their service on
9 the Board, but while away from their homes or regular places
10 of business in the performance of their duties under this
11 title, may be allowed travel expenses, including per diem in
12 lieu of subsistence, in the same manner as persons employed
13 intermittently in the Government service are allowed expenses
14 under section 5703 of title 5 of the United States Code.
15 SEC. 604. FELLOWSHIPS.
16 (a) Number.--Up to 100 fellowships may be provided under
17 this title each year.
18 (b) Remuneration and Period.--The Board shall determine,
19 taking into consideration the position in which each Fellow
20 will serve and his or her experience and expertise--
21 (1) the amount of remuneration the Fellow will
22 receive for his or her service under this title, and
23 (2) the period of the fellowship, which shall be
24 between one and two years.
25 (c) Training.--Each Fellow may be given appropriate
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1 training at the Foreign Service Institute or other
2 appropriate institution.
3 (d) Housing and Transportation.--The Secretary of State
4 shall, pursuant to regulations--
5 (1) provide housing for each Fellow while the Fellcw
6 is serving abroad, including (where appropriate) housing
7 for family members; and
8 (2) pay the costs and expenses incurred by each
9 Fellow in traveling between the United States and the
10 country in which the Fellow serves, including (where
11 appropriate) travel for family members.
12 (e) Effective Date.--Subsection (d) of this section shall
13 not take effect until October 1, 1986.
14 SEC. 605. SECRETARY OF STATE.
15 (a) Determinations.--The Secretary of State shall
16 determine which of the individuals selected by the Board will
17 serve at each United States diplomatic or consular mission ir.
18 the Soviet Union or Eastern Europe and the position In which
19 each will serve.
20 (b) Authorities.--Such service shall be in accordance
21 with the relevant authorities of the Foreign Service Act of
22 1980, the State Department Basic Authorities Act of 1956, and
23 title 5 of the United States Code.
24 (c) Funding.--Funds appropriated to the Department of
25 State for "Salaries and Expenses" shall be used for the
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1 expenses incurred in carrying out this title.
2 TITLE VII--MISCELLANEOUS PROVISIONS
3 SEC. 701. NEGOTIATIONS TO TAKE INTERNATIONAL TERRORISM A
4 UNIVERSAL CRIME.
5 (a) Findings.--The Congress finds that--
6 (1) in the past decade there have been nearly 6,500
7 terrorist incidents around the world, killing over 3,500
8 people and wounding more than 7,600, including over 2,500
9 incidents against Americans;
10 (2) terrorism anywhere affects nations everywhere by
11 chilling the free exercise of sovereign authority;
12 (3) rampant terrorism by its very nature threatens
13 world order and thereby all civilized nations and their
14 citizens;
15 (4) any and every nation has the right, under current
16 principles of international law, to assert jurisdiction
17 over offenses considered to be "universal crimes", such
18 as piracy and slavery, in order to protect sovereign
19 authority, universal values, and the Interests of
20 mankind; and
21 (5) individuals committing ''universal crimes" may
22 be prosecuted in any nation in which the offender may be
23 found, irrespective of the nationality of the offender or
24 victim or the place of the offense.
25 (b) Policy.--
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1 (1) Definitions of International terrorist crimes.--
2 It Is the sense of the Congress that the President should
3 call for international negotiations for the purpose of
4 agreeing on a definition of "international terrorist
5 crimes" and for the purpose of considering whether such
6 a crime would constitute a universal crime under
7 international law. Such definition should require that
8 acts constituting an international terrorist crime--
9 (A) involve the threat or use of violence or be
10 dangerous to human life,
11 (B) would be a crime in the prosecuting
12 jurisdiction if committed within its boundaries,
13 (C) appear to be intended--
14 (1) to intimidate or coerce a civilian
15 population;
16 (ii) to influence the policy of a government
17 by intimidation or coercion; or
18 (iii) to affect the conduct of a government
19 Ly assassination or kidnapping; and
20 (D) transcend national boundaries in terms of the
21 means by which they are accomplished, the persons
22 they appear intended to coerce or intimidate, or the
23 locale in which their perpetrators operate or seek
24 asylum.
25 (2) Establishment of an international criminal
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1 court.--It is further the sense of the Congress that the
2 international negotiations described in paragraph (1)
3 should also include consideration of the establishment of
4 an International criminal court along the lines of the
5 International Military Tribunal established after World
6 War II for the trial of major war criminals at Nuremburg,
7 Germany, that would have jurisdication over the crime of
8 international terrorism.
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Iq
Next 1 Page(s) In Document Denied
STAT
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aza.L n II
90417
WASHINGTON Ex-cuti'10
July 13, 1982
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
THE DIRECTOR OF CENTRAL INTELLIGENCE
THE CHAIRMAN, JOINT CHIEFS OF STAFF
THE ADMINISTRATOR, AGENCY FOR INTERNATIONAL
DEVELOPMENT
THE DIRECTOR, INTERNATIONAL COMMUNICATION AGENCY
SUBJECT: Guidelines-to-Implement NSDD 38
The attached Guidelines to replace all guidelines and other
agreements previously in effect under the Monitoring Overseas
Direct Employment System are approved.
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These guidelines are issued pursuant to the Presidential Directive
of 2 June 1982 on Staffing at Diplomatic Missions and Constituent
Posts. These guidelines replace all guidelines and other agreements
previously in effect under the Monitoring Overseas Direct Employment
-(MODE) system.
The purpose of the Directive and these guidelines is to allow the
flexible, systematic and expeditious deployment and management of
personnel of all U.S. Government Agencies operating under the
authority of Chiefs of Mission in support of U.S. foreign policy
objectives.
These guidelines will ensure that the approval of Chiefs of Mission
is sought by U.S. Government Agencies on proposed staffing changes
for activities operating under the authority of Chiefs of Mission.
The Chiefs of Mission will transmit their views on overseas presence
to the Department of State, as department and agency representatives
will communicate with their respective department/agency headquarters
in this regard.
These guidelines also provide for the resolution of disagreements,
should such arise between the Chiefs of Mission and department/agency
representatives and between the Department of State and department/
agency heads.
A. Requests for Changes in Staffing
1. Preliminary or exploratory consultation by the requesting
agency with the Chief of Mission regarding staffing changes is
encouraged. Such informal proposals may be initiated in Washington
or by agency overseas representatives.
2. Formal requests for approval of staffing changes as required
by the Directive must be made by the cognizant Agency to the Chief
of Mission in consultation with the Department of State. Copies of
such requests will- be provided to the Department of State.
3. The Chief of Mission will convey his views on formal
requests to the Department of State. The point of contact in the
Department of State for such matters is the Office of Management
Operations (M/MO), Room 7427, Attention: Assistant for Overseas
Positions. The Chief of Missior's response to the formal request
should be addressed to that office for action.. Copies of requests
and responses will be given to the appropriate regional and
functional bureaus in the Department of State and to the requesting
agency.
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B. Resolution of Disagreements
1. If there are disagreements over staffing levels between
Chiefs of Mission and Agency heads, the views of both parties will
be forwarded to M/MO for immediate presentation to the Secretary
of State for decision within 15 working days of receipt from M/MO.
2. If the Secretary of State is unable to resolve the issue
to the satisfaction of the parties concerned, the Secretary and
the Agency head concerned will present their respective views to
the President for decision through the Assistant to the President
for National Security Affairs.
C. Formal acknowledgement of Changes
Changes in staffing levels at individual posts reached in
accordance with the above procedures will be provided by telegram
from the Department of State to the Chief of Mission, and the
agencies concerned.
D. Staffing Authorization Records
The Department of State shall maintain a current record of
staffing authorization for each overseas post. Staffing authoriza-
tion is defined as all full-time, permanent, direct-hire, Uai.ted
ILLEGIB States Gover'iment employees, including Foreign Nationals, an0
United States Military Personnel under the authority of a Mission
Chief .
Departk.tents and agencies will provide the current and
projected overseas staffing authorization information, required
by the directive, to the Department of State, Office of Management
operations- (M/MO), Room 7427, Attention: Assistant for Overseas
Positions. That official will solicit additional informatioi. from
departments and agencies when necessary to meet special reporting
requirements as established by statute or as levied by the NSC, OMB,
or the Congress.
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