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of national security. C. FOREIGN NATIONAL EMPLOYEES AND CONTRACTORS (1) The RSO and the Defense Component office at post will ensure that all foreign nationals proposed for contractual status or employment are investi- gated, in accordance with established procedures and that the RSO will issue a certification for employment in each approved case. Investigations should be completed prior to employment or execution of a contract. However, such per- sons may be employed on an interim basis, upon the completion of a satisfac- tory local investigation and temporary certification by the RSO. Continued employment will be contingent upon satisfactory results of a completed inves- tigation. Foreign National employees and contractors are to be re-investigated and certified every five years. (2) Allegations of misconduct against foreign national employees and contractors will be investigated by or under the direction of the RSO. Detailed reports of such investigations shall be forwarded to the DOD Executive Agent through DS. The results of such investigations shall be the basis for a determi- nation by the RSO of corrective action to be taken, subject to the concurrence of the Chief of Mission. The RSO will refer to Defense Component Headquarters through DS and the DOD Executive Agent, any cases for which the Chief of Mission believes a decision should be made by Defense Component Headquarters. (3) The RSO and the Defense Component office at post will ensure that every foreign national, whose position at post requires access to administra- tively controlled information, is properly investigated and certified. (4) Security checks and/or investigations of domestic staff of U.S. Defense Component office employees will be conducted consistent with post policy. CJCSI Handbook 5260 Commander s Handbook for Page 45 1 January 1997 Antiterrorism Readiness VI. TRAINING A. DS will sponsor DOD Executive Agent personnel for appropriate security- related training offered by the Diplomatic Security Training Center (DS/TC), commensurate with the security clearance level and the need-to-know of the applicant. Such sponsorship is subject to course quota availability. B. The DOD Executive Agent will sponsor DS personnel for appropriate security-related training, commensurate with the security clearance level and need-to-know of the applicant. Such sponsorship is subject to course quota avail- ability. VII. BUDGET AND REIMBURSEMENT A. The Department of State and the Department of Defense will fund diplomat- ic security programs as specified in the Security Funding Matrix (Appendix A [Appendix E in the Commander s Handbook for Antiterrorism Readiness]) and in accordance with Section IV.A. (2) of this MOU. DOS will fund, within funds available, standard DS security equipment and support that is commensurate with established threat levels. DOD Defense Components will fund, within funds available, non-standard DS security equipment and support which exceeds estab- lished threat levels. DOD Defense Component funding will be administered directly between the Defense Component and the Department of State, through contracts that provide security services or support. B. All DS resource planning will be conducted in consultation with agencies rep- resented at U.S. missions abroad, in order to provide an annual consolidated over- seas security budget proposal. C. Defense Component headquarters, utilizing its authority to protect its person- nel and operations under the Internal Security Act of 1950 (50 U.S.C. 797), inter alia, will authorize local Defense Component offices to reimburse the Department of State for security services rendered to local Defense Component offices that exceed DOS funding allocations, upon formal notification of the DOD Executive Agent by DS of the projected security program funding shortfall. 1. Whenever possible, funding shortfalls should be identified in advance of the budget execution year. 2. Reimbursement will be handled through standard procedures for reim- bursement for services rendered and will be based upon actual or allocat- ed costs of services rendered to the local Defense Component office under the aegis of the Emergency Action Committee. Commander s Handbook for CJCSI Handbook 5260 Page 46 Antiterrorism Readiness 1 January 1997 VIII. IMPLEMENTATION AND TERMINATION This Memorandum of Understanding will become effective upon signa- ture by the representatives of the Department of State and the Department of De- fense named below. It will remain in force until notification by either party, sixty-days in advance, of its intention to terminate the conditions of the agree- ment. /s/ Sheldon J. Krys /s/ Craig Alderman Jr. U.S. Department of State, U. S. Department of Assistant Secretary for Defense, Deputy Under Diplomatic Security Secretary of Defense (Security Policy) CJCSI Handbook 5260 Commander s Handbook for Page 47 1 January 1997 Antiterrorism Readiness APPENDIX D Security Funding Delineation of Funding Responsibilities in MOU (Appendix C) Program: DOD DOS ARMORED VEHICLES (FAV & LAV) " Procurement, armoring, and transportation X " Inspection X LOCAL GUARDS (SEE NOTE) RESIDENTIAL SECURITY X " Purchase, install, and maintain residential upgrades X PHYSICAL SECURITY, NON-RESIDENTIAL BUILDINGS " Purchase, install, and maintain DS standard equipment X for nonresidential upgrades " Purchase, install, and maintain nonstandard nonresidential X upgrade " Surveys of DOD facilities X TECHNICAL SECURITY " Purchase, install, and maintain DS standard equipment to meet DS security standards X " Purchase, install, and maintain nonstandard equipment or equipment exceeding DS standards X " Maintain equipment at remote DOD sites for which DOS cannot provide timely service X " Surveys of DOD facilities X TECHNICAL COUNTERMEASURES " Routine TSCM inspections of DOD controlled access areas. X " TSCM inspections of DOD-controlled access areas which exceed X standard determined by post-threat level Commander s Handbook for CJCSI Handbook 5260 Page 48 Antiterrorism Readiness 1 January 1997 Program: DOD DOS TRANSIT SECURITY " Secure shipment, storage, and surveillance of construction X materials for FBO projects at DOD controlled access areas " Secure shipment, storage, and surveillance of construction X materials for non-FBO projects at DOD controlled access areas " Secure shipment, storage, and surveillance of non-classified X sensitive materials unrelated to construction projects CONSTRUCTION SECURITY " Surveillance and guards for FBO projects at DOD X controlled access areas " Surveillance and guards for non-FBO projects at X DOD-controlled access areas TRAINING AND ORIENTATION " At-post security training specifically requested by X DOD and restricted to their personnel only, both US and FSN " Washington-based security training offered by X DS and DS/TCLGP INVESTIGATIONS " Overseas background investigations (US & FSN) of X prospective DOD employees at US missions abroad " Investigations of foreign national spouses X NOTE: Local Defense Component offices are authorized to reimburse DS for the local Defense Component office s share of costs, which exceed the approved field budget plan for a post. LGP costs include roving patrols, static guards and countersurveillance teams where appropriate. Cost share determina- tions will be based upon the actual or allocated cost of services rendered to the local Defense Component office. CJCSI Handbook 5260 Commander s Handbook for Page 49 1 January 1997 Antiterrorism Readiness APPENDIX E Secretary of Defense Memorandum of 12 December 1995, Military Assistance to Civil Authorities (Note: DOD Directive 3025.xx, currently in staffing, will implement the policy outlined below.)
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