FOIA
CHAIRMAN MICA OF THE INTERNATIONAL OPERATIONS SUBCOMMITTEE, HOUSE FOREIGN AFFAIRS, SEEKS CIA ASSISTANCE IN PASSING DIPLOMATIC SECURITY ACT (H.R. 4151)
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP88G01332R000600630048-5
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
49
Document Creation Date:
December 27, 2016
Document Release Date:
September 16, 2011
Sequence Number:
48
Case Number:
Publication Date:
February 28, 1986
Content Type:
MEMO
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STAT
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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
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