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US (United States) Code. Title 22. Chapter 58: Diplomatic Security

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-CITE-

22 USC CHAPTER 58 - DIPLOMATIC SECURITY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

-HEAD-

CHAPTER 58 - DIPLOMATIC SECURITY

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

4801. Findings and purposes.

(a) Findings.

(b) Purposes.

4802. Responsibility of Secretary of State.

(a) Security functions.

(b) Overseas evacuations.

(d) Federal agency.

4803, 4804. Repealed.

4805. Cooperation of other Federal agencies.

(a) Assistance.

(b) Other agencies.

4806. Protection of foreign consulates.

SUBCHAPTER II - PERSONNEL

4821. Diplomatic Security Service.

4822. Director of Diplomatic Security Service.

4823. Special agents.

4824. Contracting authority.

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

4831. Accountability Review Boards.

(a) In general.

(b) Deadlines for convening Boards.

4832. Accountability Review Board.

(a) Membership.

(b) Facilities, services, supplies, and staff.

4833. Procedures.

(a) Evidence.

(b) Confidentiality.

(d) Status of Boards.

4834. Findings and recommendations by a Board.

(a) Findings.

(b) Program recommendations.

(d) Reports.

4835. Relation to other proceedings.

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

4851. Authorization.

(a) Diplomatic security program.

(b) Notification to authorizing Committees of

requests for appropriations.

(d) Prohibition on reallocations of authorizations.

(e) Security requirements of other foreign affairs

agencies.

(f) Insufficiency of funds.

(g) Allocation of funds for certain security

programs.

(h) Furniture, furnishings, and equipment.

4852. Diplomatic construction program.

(a) Preference for United States contractors.

(b) Exception.

(d) American minority contractors.

(e) American small business contractors.

(f) Limitation on subcontracting.

4853. Security requirements for contractors.

4854. Qualifications of persons hired for diplomatic

construction program.

4855. Cost overruns.

4856. Efficiency in contracting.

(a) Bonuses and penalties.

(b) Surety bonds and guarantees.

4857. Advisory Panel on Overseas Security.

4858. Training to improve perimeter security at United

States diplomatic missions abroad.

(a) Training.

(b) Repealed.

4859. Protection of public entrances of United States

diplomatic missions abroad.

4860. Reimbursement of Department of the Treasury.

4861. Inspector General for Department of State.

(a) Direction to establish.

(b) Duties and responsibilities.

(d) Limitation on appointment.

4862. Prohibition on use of funds for facilities in Israel,

Jerusalem, or West Bank.

4863. Use of cleared personnel to ensure secure maintenance

and repair of diplomatic facilities abroad.

(a) Policies and regulations.

(b) Study and report.

4864. Increased participation of United States contractors

in local guard contracts abroad under diplomatic

security program.

(a) Findings.

(b) Objective.

local guard contracts abroad.

(d) Definitions.

(e) United States minority contractors.

(f) United States small business contractors.

(g) Limitation of subcontracting.

4865. Security requirements for United States diplomatic

facilities.

(a) In general.

(b) Statutory construction.

-End-

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22 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-End-

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22 USC Sec. 4801 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 4801. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds and declares that -

(1) the United States has a crucial stake in the presence of

United States Government personnel representing United States

interests abroad;

(2) conditions confronting United States Government personnel

and missions abroad are fraught with security concerns which will

continue for the foreseeable future; and

(3) the resources now available to counter acts of terrorism

and protect and secure United States Government personnel and

missions abroad, as well as foreign officials and missions in the

United States, are inadequate to meet the mounting threat to such

personnel and facilities.

(b) Purposes

The purposes of this chapter are -

(1) to set forth the responsibility of the Secretary of State

with respect to the security of diplomatic operations in the

United States and abroad;

(2) to maximize coordination by the Department of State with

Federal, State, and local agencies and agencies of foreign

governments in order to enhance security programs;

(3) to promote strengthened security measures and to provide

for the accountability of United States Government personnel with

security-related responsibilities;

(4) to set forth the responsibility of the Secretary of State

with respect to the safe and efficient evacuation of United

States Government personnel, their dependents, and private United

States citizens when their lives are endangered by war, civil

unrest, or natural disaster; and

(5) to provide authorization of appropriations for the

Department of State to carry out its responsibilities in the area

of security and counterterrorism, and in particular to finance

the acquisition and improvements of United States Government

missions abroad, including real property, buildings, facilities,

and communications, information, and security systems.

-SOURCE-

(Pub. L. 99-399, title I, Sec. 102, Aug. 27, 1986, 100 Stat. 855;

Pub. L. 101-246, title I, Sec. 115(a), Feb. 16, 1990, 104 Stat. 22;

Pub. L. 103-236, title I, Sec. 162(g)(1), Apr. 30, 1994, 108 Stat.

406.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"titles I through IV", meaning titles I through IV of Pub. L.

99-399, Aug. 27, 1986, 100 Stat. 855, known as the Diplomatic

Security Act, which are classified principally to this chapter. For

complete classification of titles I through IV of Pub. L. 99-399 to

the Code, see Short Title note set out below and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2) to (6). Pub. L. 103-236 struck out par. (2)

and redesignated pars. (3) to (6) as (2) to (5), respectively.

Prior to amendment, par. (2) read as follows: "to provide for an

Assistant Secretary of State to head the Bureau of Diplomatic

Security of the Department of State, and to set forth certain

provisions relating to the Diplomatic Security Service of the

Department of State;".

1990 - Subsec. (b)(5), (6). Pub. L. 101-246 added par. (5) and

redesignated former par. (5) as (6).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec.

601], Nov. 29, 1999, 113 Stat. 1536, 1501A-451, provided that:

"This title [enacting section 4865 of this title, amending section

4831 of this title, and enacting provisions set out as notes under

section 4865 of this title] may be cited as the 'Secure Embassy

Construction and Counterterrorism Act of 1999'."

SHORT TITLE

Section 1 of Pub. L. 99-399 provided that: "This Act [enacting

this chapter and sections 2656e, 2711, 2712, 2780, 3244, and 4901

to 4904 of this title, sections 5569 and 5570 of Title 5,

Government Organization and Employees, sections 1051, 1095, and

2181 to 2185 of Title 10, Armed Forces, section 2331 of Title 18,

Crimes and Criminal Procedure, section 1226 of Title 33, Navigation

and Navigable Waters, sections 559 and 1013 of Title 37, Pay and

Allowances of the Uniformed Services, sections 2160b, 2160c, and

2169 of Title 42, The Public Health and Welfare, and sections 1801

to 1809 of Title 46, Appendix, Shipping, amending sections 300,

2151a, 2349aa-2, 2349aa-4, 2349aa-7, 2502, 2652, 2708, 3929, and

3929a of this title, section 208 of Title 3, The President,

sections 5315 and 6325 of Title 5, sections 2 and 11 of the

Inspector General Act of 1978, Pub. L. 95-452, set out in the

Appendix to Title 5, sections 793, 794, and 3671 of Title 18, and

section 2405 of Title 50, Appendix, War and National Defense,

enacting provisions set out as notes under sections 2708 and 4901

of this title, section 5569 of Title 5, sections 133, 1051, 1095,

and 2181 of Title 10, section 559 of Title 37, section 2169 of

Title 42, and section 1801 of Title 46, Appendix, and amending a

provision set out as a note under section 2651 of this title] may

be cited as the 'Omnibus Diplomatic Security and Antiterrorism Act

of 1986'."

Section 101 of Pub. L. 99-399 provided that: "Titles I through IV

of this Act [enacting this chapter and amending sections 300,

2349aa-4, 2652, 3929, and 3929a of this title, section 208 of Title

3, The President, section 5315 of Title 5, Government Organization

and Employees, and sections 2 and 11 of the Inspector General Act

of 1978, Pub. L. 95-452, set out in the Appendix to Title 5] may be

cited as the 'Diplomatic Security Act'."

-End-

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22 USC Sec. 4802 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 4802. Responsibility of Secretary of State

-STATUTE-

(a) Security functions

(1) The Secretary of State shall develop and implement (in

consultation with the heads of other Federal agencies having

personnel or missions abroad where appropriate and within the scope

of the resources made available) policies and programs, including

funding levels and standards, to provide for the security of United

States Government operations of a diplomatic nature and foreign

government operations of a diplomatic nature in the United States.

Such policies and programs shall include -

(A) protection of all United States Government personnel on

official duty abroad (other than Voice of America correspondents

on official assignment and those personnel under the command of a

United States area military commander) and their accompanying

dependents;

(B) establishment and operation of security functions at all

United States Government missions abroad (other than facilities

or installations subject to the control of a United States area

military commander);

Department of State facilities in the United States; and

(D) protection of foreign missions, international

organizations, and foreign officials and other foreign persons in

the United States, as authorized by law.

(2) Security responsibilities shall include the following:

(A) Former Office of Security functions

Functions and responsibilities exercised by the Office of

Security, Department of State, before November 11, 1985.

(B) Security and protective operations

(i) Establishment and operation of post security and protective

functions abroad.

(ii) Development and implementation of communications,

computer, and information security.

(iii) Emergency planning.

(iv) Establishment and operation of local guard services

abroad.

(v) Supervision of the United States Marine Corps security

guard program.

(vi) Liaison with American overseas private sector security

interests.

(vii) Protection of foreign missions and international

organizations, foreign officials, and diplomatic personnel in the

United States, as authorized by law.

(viii) Protection of the Secretary of State and other persons

designated by the Secretary of State, as authorized by law.

(ix) Physical protection of Department of State facilities,

communications, and computer and information systems in the

United States.

(x) Conduct of investigations relating to protection of foreign

officials and diplomatic personnel and foreign missions in the

United States, suitability for employment, employee security,

illegal passport and visa issuance or use, and other

investigations, as authorized by law.

(xi) Carrying out the rewards program for information

concerning international terrorism authorized by section 2708(a)

(!1) of this title.

(xii) Performance of other security, investigative, and

protective matters as authorized by law.

Development and coordination of counterterrorism planning,

emergency action planning, threat analysis programs, and liaison

with other Federal agencies to carry out this paragraph.

(D) Security technology

Development and implementation of technical and physical

security programs, including security-related construction, radio

and personnel security communications, armored vehicles, computer

and communications security, and research programs necessary to

develop such measures.

(E) Diplomatic courier service

Management of the diplomatic courier service.

(F) Personnel training

Development of facilities, methods, and materials to develop

and upgrade necessary skills in order to carry out this section.

(G) Foreign government training

Management and development of antiterrorism assistance programs

to assist foreign government security training which are

administered by the Department of State under chapter 8 of part

II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et

seq.).

(b) Overseas evacuations

The Secretary of State shall develop and implement policies and

programs to provide for the safe and efficient evacuation of United

States Government personnel, dependents, and private United States

citizens when their lives are endangered. Such policies shall

include measures to identify high risk areas where evacuation may

be necessary and, where appropriate, providing staff to United

States Government missions abroad to assist in those evacuations.

In carrying out these responsibilities, the Secretary shall -

(1) develop a model contingency plan for evacuation of

personnel, dependents, and United States citizens from foreign

countries;

(2) develop a mechanism whereby United States citizens can

voluntarily request to be placed on a list in order to be

contacted in the event of an evacuation, or which, in the event

of an evacuation, can maintain information on the location of

United States citizens in high risk areas submitted by their

relatives;

(3) assess the transportation and communications resources in

the area being evacuated and determine the logistic support

needed for the evacuation; and

(4) develop a plan for coordinating communications between

embassy staff, Department of State personnel, and families of

United States citizens abroad regarding the whereabouts of those

citizens.

The Secretary of State shall -

(1) have full responsibility for the coordination of all United

States Government personnel assigned to diplomatic or consular

posts or other United States missions abroad pursuant to United

States Government authorization (except for facilities,

installations, or personnel under the command of a United States

area military commander) (!2)

(2) establish appropriate overseas staffing levels 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 military commander or regional inspector

general offices under the jurisdiction of the inspector (!3)

General, Agency for International Development).

(d) Federal agency

As used in this subchapter and subchapter III of this chapter,

the term "Federal agency" includes any department or agency of the

United States Government.

-SOURCE-

(Pub. L. 99-399, title I, Sec. 103, Aug. 27, 1986, 100 Stat. 856;

Pub. L. 100-202, Sec. 101(e) [title II, Sec. 201], Dec. 22, 1987,

101 Stat. 1329-131, 1329-141; Pub. L. 100-461, title II, Sec. 201,

Oct. 1, 1988, 102 Stat. 2268-10; Pub. L. 101-246, title I, Sec.

115(b), Feb. 16, 1990, 104 Stat. 22; Pub. L. 103-236, title I, Sec.

162(g)(2), Apr. 30, 1994, 108 Stat. 406; Pub. L. 103-415, Sec.

1(f)(4)(A)(i), Oct. 25, 1994, 108 Stat. 4300; Pub. L. 107-228, div.

A, title V, Sec. 505(a), Sept. 30, 2002, 116 Stat. 1393.)

-REFTEXT-

REFERENCES IN TEXT

Section 2708 of this title, referred to in subsec. (a)(2)(B)(xi),

was amended generally by Pub. L. 105-323, title I, Sec. 101, Oct.

30, 1998, 112 Stat. 3029, and, as so amended, provisions

authorizing awards, formerly contained in section 2708(a), are now

contained in section 2708(b).

The Foreign Assistance Act of 1961, referred to in subsec.

(a)(2)(G), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 8 of part II of the Act is classified generally to

part VIII (Sec. 2349aa et seq.) of subchapter II of chapter 32 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2151 of this title and

Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1)(A). Pub. L. 107-228 inserted "Voice of

America correspondents on official assignment and" after "abroad

(other than".

1994 - Subsec. (a). Pub. L. 103-415 substituted "operation" for

"operations" in par. (2)(B)(i).

Pub. L. 103-236 designated existing provisions as par. (1),

redesignated former pars. (1) to (4) as subpars. (A) to (D),

respectively, and added par. (2).

1990 - Subsecs. (b) to (d). Pub. L. 101-246 added subsec. (b) and

redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

1988 - Subsec. (b)(2). Pub. L. 100-461 inserted "or regional

inspector general offices under the jurisdiction of the inspector

General, Agency for International Development" after "commander",

and substituted a period for "; and" at end.

Subsec. (b)(3). Pub. L. 100-461 struck out par. (3) which read as

follows: "establish, notwithstanding any other provision of law,

appropriate overseas staffing levels of the Regional Offices of the

Inspector General of the Agency for International Development in

effective consultation with the Inspector General of the Agency:

Provided, That the authority of the Secretary of State shall be

exercised only by the Secretary and shall not be delegated to a

subordinate officer of the Department of State: Provided further,

That the Inspector General must report to the appropriate

committees of both Houses of the Congress within thirty days the

denial by the Secretary of State of a request by the Inspector

General to increase or reduce an existing position level of a

regional office: Provided further, That the total number of

positions authorized for the Office of the Inspector General in

Washington and overseas shall be determined by the Inspector

General within the limitation of the appropriations level

provided."

1987 - Subsec. (b)(3). Pub. L. 100-202 added par. (3).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

PERSONNEL SECURITY PROGRAM FOR EMBASSIES IN HIGH INTELLIGENCE

THREAT COUNTRIES

Pub. L. 100-204, title I, Sec. 155, Dec. 22, 1987, 101 Stat.

1353, provided that:

"(a) Special Security Program. - The Secretary of State shall

develop and implement, within three months after the date of

enactment of this Act [Dec. 22, 1987], a special personnel security

program for personnel of the Department of State assigned to United

States diplomatic and consular posts in high intelligence threat

countries who are responsible for security at those posts and for

any individuals performing guard functions at those posts. Such

program shall include -

"(1) selection criteria and screening to ensure suitability for

assignment to high intelligence threat countries;

"(2) counterintelligence awareness and related training;

"(3) security reporting and command arrangements designed to

counter intelligence threats; and

"(4) length of duty criteria and policies regarding rest and

recuperative absences.

"(b) Report to Congress. - Not later than 6 months after the date

of enactment of this subsection [Dec. 22, 1987], the Secretary of

State shall report to the Congress on the special personnel

security program required by subsection (a).

"(c) Definition. - As used in subsection (a), the term 'high

intelligence threat country' means -

"(1) a country listed as a Communist country in section 620(f)

of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(f)]; and

"(2) any other country designated as a high intelligence threat

country for purposes of this section by the Secretary of State,

the Secretary of Defense, the Director of Central Intelligence,

or the Director of the Federal Bureau of Investigation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151aa, 4805 of this

title; title 15 section 4721; title 49 section 44934.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by "; and".

(!3) So in original. Probably should be capitalized.

-End-

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22 USC Secs. 4803, 4804 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER I - GENERALLY

-HEAD-

Secs. 4803, 4804. Repealed. Pub. L. 103-236, title I, Sec.

162(g)(3), (4), Apr. 30, 1994, 108 Stat. 407

-MISC1-

Section 4803, Pub. L. 99-399, title I, Sec. 104(a), Aug. 27,

1986, 100 Stat. 856, established Bureau of Diplomatic Security in

Department of State.

Section 4804, Pub. L. 99-399, title I, Sec. 105, Aug. 27, 1986,

100 Stat. 856, set out responsibilities of Assistant Secretary of

State for Diplomatic Security.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to officials, offices, and bureaus

of Department of State when executive orders, regulations, or

departmental directives implementing the amendments by sections 161

and 162 of Pub. L. 103-236 become effective, or 90 days after Apr.

30, 1994, whichever comes earlier, see section 161(b) of Pub. L.

103-236, as amended, set out as an Effective Date of 1994 Amendment

note under section 2651a of this title.

-End-

-CITE-

22 USC Sec. 4805 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 4805. Cooperation of other Federal agencies

-STATUTE-

(a) Assistance

In order to facilitate fulfillment of the responsibilities

described in section 4802(a) of this title, other Federal agencies

shall cooperate (through agreements) to the maximum extent possible

with the Secretary of State. Such agencies may, with or without

reimbursement, provide assistance to the Secretary, perform

security inspections, provide logistical support relating to the

differing missions and facilities of other Federal agencies, and

perform other overseas security functions as may be authorized by

the Secretary. Specifically, the Secretary may agree to delegate

operational control of overseas security functions of other Federal

agencies to the heads of such agencies, subject to the Secretary's

authority as set forth in section 4802(a) of this title. The agency

head receiving such delegated authority shall be responsible to the

Secretary in the exercise of the delegated operational control.

(b) Other agencies

Nothing contained in this chapter shall be construed to limit or

impair the authority or responsibility of any other Federal, State,

or local agency with respect to law enforcement, domestic security

operations, or intelligence activities as defined in Executive

Order 12333.

The Administrator of General Services is authorized to lease (to

such extent or in such amounts as are provided in appropriation

Acts) such amount of space in the United States as may be necessary

for the Department of State to accommodate the personnel required

to carry out this subchapter. The Department of State shall pay for

such space at the rate established by the Administrator of General

Services for space and related services.

-SOURCE-

(Pub. L. 99-399, title I, Sec. 106, Aug. 27, 1986, 100 Stat. 857.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12333, referred to in subsec. (b), is Ex. Ord.

No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note

under section 401 of Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4831 of this title.

-End-

-CITE-

22 USC Sec. 4806 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 4806. Protection of foreign consulates

-STATUTE-

The Secretary of State shall take into account security

considerations in making determinations with respect to

accreditation of all foreign consular personnel in the United

States.

-SOURCE-

(Pub. L. 99-399, title I, Sec. 107, Aug. 27, 1986, 100 Stat. 858;

Pub. L. 103-236, title I, Sec. 162(g)(5), Apr. 30, 1994, 108 Stat.

407.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 substituted "The Secretary of State shall

take into account security considerations" for "The Chief of

Protocol of the Department of State shall consult with the

Assistant Secretary of Diplomatic Security".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-End-

-CITE-

22 USC SUBCHAPTER II - PERSONNEL 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER II - PERSONNEL

-HEAD-

SUBCHAPTER II - PERSONNEL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 5 section 5545a.

-End-

-CITE-

22 USC Sec. 4821 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER II - PERSONNEL

-HEAD-

Sec. 4821. Diplomatic Security Service

-STATUTE-

The Secretary of State may establish a Diplomatic Security

Service, which shall perform such functions as the Secretary may

determine.

-SOURCE-

(Pub. L. 99-399, title II, Sec. 201, Aug. 27, 1986, 100 Stat. 858;

Pub. L. 103-236, title I, Sec. 162(g)(7), Apr. 30, 1994, 108 Stat.

407.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 amended section generally. Prior to

amendment, section read as follows: "There shall be, within the

Bureau of Diplomatic Security, the Diplomatic Security Service. The

Diplomatic Security Service shall perform such functions as may be

assigned to it by the Secretary of State."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-End-

-CITE-

22 USC Sec. 4822 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER II - PERSONNEL

-HEAD-

Sec. 4822. Director of Diplomatic Security Service

-STATUTE-

Any such Diplomatic Security Service should be headed by a

Director designated by the Secretary of State. The Director should

be a career member of the Senior Foreign Service or the Senior

Executive Service and should be qualified for the position by

virtue of demonstrated ability in the areas of security, law

enforcement, management, and public administration. Experience in

management or operations abroad should be considered an affirmative

factor in the selection of the Director.

-SOURCE-

(Pub. L. 99-399, title II, Sec. 202, Aug. 27, 1986, 100 Stat. 858;

Pub. L. 103-236, title I, Sec. 162(g)(8), Apr. 30, 1994, 108 Stat.

407.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 substituted "Any such" for "The" in first

sentence, struck out last sentence which read as follows: "The

Director shall act under the supervision and direction of the

Assistant Secretary for Diplomatic Security.", and directed the

substitution of "should" for "shall" in first, third, and fourth

sentences, which was executed to first, second, and third sentences

to reflect the probable intent of Congress and the striking out of

last sentence which also was the fourth sentence. See H.Rept.

103-126, pp. 168, 169.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-End-

-CITE-

22 USC Sec. 4823 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER II - PERSONNEL

-HEAD-

Sec. 4823. Special agents

-STATUTE-

Special agent positions shall be filled in accordance with the

provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et

seq.) and title 5. In filling such positions, the Secretary of

State shall actively recruit women and members of minority groups.

The Secretary of State shall prescribe the qualifications required

for assignment or appointment to such positions. The qualifications

may include minimum and maximum entry age restrictions and other

physical standards and shall incorporate such standards as may be

required by law in order to perform security functions, to bear

arms, and to exercise investigatory, warrant, arrest, and such

other authorities as are available by law to special agents of the

Department of State and the Foreign Service.

-SOURCE-

(Pub. L. 99-399, title II, Sec. 203, Aug. 27, 1986, 100 Stat. 858;

Pub. L. 103-236, title I, Sec. 162(g)(9), Apr. 30, 1994, 108 Stat.

407.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in text, is Pub. L.

96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 amended section catchline to read "Special

agents" and in text substituted "Special agent positions" for

"Positions in the Diplomatic Security Service" and "The

qualifications" for "In the case of positions designated for

special agents, the qualifications".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4044 of this title.

-End-

-CITE-

22 USC Sec. 4824 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER II - PERSONNEL

-HEAD-

Sec. 4824. Contracting authority

-STATUTE-

The Secretary of State is authorized to employ individuals or

organizations by contract to carry out the purposes of this Act,

and individuals employed by contract to perform such services shall

not by virtue of such employment be considered to be employees of

the United States Government for purposes of any law administered

by the Office of Personnel Management (except that the Secretary

may determine the applicability to such individuals of any law

administered by the Secretary concerning the employment of such

individuals); and such contracts are authorized to be negotiated,

the terms of the contracts to be prescribed, and the work to be

performed, where necessary, without regard to such statutory

provisions as relate to the negotiation, making and performance of

contracts and performance of work in the United States.

-SOURCE-

(Pub. L. 99-399, title II, Sec. 206, as added Pub. L. 105-277, div.

C, title I, Sec. 104, Oct. 21, 1998, 112 Stat. 2681-586.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 99-399, Aug. 27, 1986,

100 Stat. 853, known as the Omnibus Diplomatic Security and

Antiterrorism Act of 1986. For complete classification of this Act

to the Code, see Short Title note set out under section 4801 of

this title and Tables.

-End-

-CITE-

22 USC SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-HEAD-

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4802 of this title.

-End-

-CITE-

22 USC Sec. 4831 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-HEAD-

Sec. 4831. Accountability Review Boards

-STATUTE-

(a) In general

(1) Convening a Board

Except as provided in paragraph (2), in any case of serious

injury, loss of life, or significant destruction of property at,

or related to, a United States Government mission abroad, and in

any case of a serious breach of security involving intelligence

activities of a foreign government directed at a United States

Government mission abroad, which is covered by the provisions of

this chapter (other than a facility or installation subject to

the control of a United States area military commander), the

Secretary of State shall convene an Accountability Review Board

(in this subchapter referred to as the "Board"). The Secretary

shall not convene a Board where the Secretary determines that a

case clearly involves only causes unrelated to security.

(2) Department of Defense facilities and personnel

The Secretary of State is not required to convene a Board in

the case of an incident described in paragraph (1) that involves

any facility, installation, or personnel of the Department of

Defense with respect to which the Secretary has delegated

operational control of overseas security functions to the

Secretary of Defense pursuant to section 4805 of this title. In

any such case, the Secretary of Defense shall conduct an

appropriate inquiry. The Secretary of Defense shall report the

findings and recommendations of such inquiry, and the action

taken with respect to such recommendations, to the Secretary of

State and Congress.

(b) Deadlines for convening Boards

(1) In general

Except as provided in paragraph (2), the Secretary of State

shall convene a Board not later than 60 days after the occurrence

of an incident described in subsection (a)(1) of this section,

except that such 60-day period may be extended for one additional

60-day period if the Secretary determines that the additional

period is necessary for the convening of the Board.

(2) Delay in cases involving intelligence activities

With respect to breaches of security involving intelligence

activities, the Secretary of State may delay the establishment of

a Board if, after consultation with the chairman of the Select

Committee on Intelligence of the Senate and the chairman of the

Permanent Select Committee on Intelligence of the House of

Representatives, the Secretary determines that the establishment

of a Board would compromise intelligence sources or methods. The

Secretary shall promptly advise the chairmen of such committees

of each determination pursuant to this paragraph to delay the

establishment of a Board.

Whenever the Secretary of State convenes a Board, the Secretary

shall promptly inform the chairman of the Committee on Foreign

Relations of the Senate and the Speaker of the House of

Representatives -

(1) that a Board has been convened;

(2) of the membership of the Board; and

(3) of other appropriate information about the Board.

-SOURCE-

(Pub. L. 99-399, title III, Sec. 301, Aug. 27, 1986, 100 Stat. 859;

Pub. L. 100-204, title I, Sec. 156(a), Dec. 22, 1987, 101 Stat.

1354; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI,

Sec. 608], Nov. 29, 1999, 113 Stat. 1536, 1501A-458.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), was in the original

"titles I through IV", meaning titles I through IV of Pub. L.

99-399, Aug. 27, 1986, 100 Stat. 855, known as the Diplomatic

Security Act, which is classified principally to this chapter. For

complete classification of titles I through IV of Pub. L. 99-399 to

the Code, see Short Title note set out under section 4801 of this

title and Tables.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-113 substituted "Review Boards" for "review"

in section catchline and amended text generally. Prior to

amendment, text read as follows: "In any case of serious injury,

loss of life, or significant destruction of property at or related

to a United States Government mission abroad, and in any case of a

serious breach of security involving intelligence activities of a

foreign government directed at a United States Government mission

abroad, which is covered by the provisions of this chapter (other

than a facility or installation subject to the control of a United

States area military commander), the Secretary of State shall

convene an Accountability Review Board (hereafter in this

subchapter referred to as the 'Board'). With respect to breaches of

security involving intelligence activities, the Secretary of State

may delay establishing an Accountability Review Board if, after

consultation with the Chairman of the Select Committee on

Intelligence of the Senate and the Chairman of the Permanent Select

Committee on Intelligence of the House of Representatives, the

Secretary determines that doing so would compromise intelligence

sources and methods. The Secretary shall promptly advise the

Chairmen of such committees of each determination pursuant to this

section to delay the establishment of an Accountability Review

Board. The Secretary shall not convene a Board where the Secretary

determines that a case clearly involves only causes unrelated to

security."

1987 - Pub. L. 100-204 inserted ", and in any case of a serious

breach of security involving intelligence activities of a foreign

government directed at a United States Government mission abroad,"

after "mission abroad" in first sentence, and inserted after first

sentence "With respect to breaches of security involving

intelligence activities, the Secretary of State may delay

establishing an Accountability Review Board if, after consultation

with the Chairman of the Select Committee on Intelligence of the

Senate and the Chairman of the Permanent Select Committee on

Intelligence of the House of Representatives, the Secretary

determines that doing so would compromise intelligence sources and

methods. The Secretary shall promptly advise the Chairmen of such

committees of each determination pursuant to this section to delay

the establishment of an Accountability Review Board."

-End-

-CITE-

22 USC Sec. 4832 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-HEAD-

Sec. 4832. Accountability Review Board

-STATUTE-

(a) Membership

A Board shall consist of five members, 4 appointed by the

Secretary of State, and 1 appointed by the Director of Central

Intelligence. The Secretary of State shall designate the

Chairperson of the Board. Members of the Board who are not Federal

officers or employees shall each be paid at a rate not to exceed

the maximum rate of basic pay payable for level GS-18 of the

General Schedule for each day (including travel time) during which

they are engaged in the actual performance of duties vested in the

Board. Members of the Board who are Federal officers or employees

shall receive no additional pay by reason of such membership.

(b) Facilities, services, supplies, and staff

(1) Supplied by Department of State

A Board shall obtain facilities, services, and supplies through

the Department of State. All expenses of the Board, including

necessary costs of travel, shall be paid by the Department of

State. Travel expenses authorized under this paragraph shall be

paid in accordance with subchapter I of chapter 57 of title 5 or

other applicable law.

(2) Detail

At the request of a Board, employees of the Department of State

or other Federal agencies, members of the Foreign Service, or

members of the uniformed services may be temporarily assigned,

with or without reimbursement, to assist the Board.

(3) Experts and consultants

A Board may employ and compensate (in accordance with section

3109 of title 5) such experts and consultants as the Board

considers necessary to carry out its functions. Experts and

consultants so employed shall be responsible solely to the Board.

-SOURCE-

(Pub. L. 99-399, title III, Sec. 302, Aug. 27, 1986, 100 Stat.

859.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

22 USC Sec. 4833 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-HEAD-

Sec. 4833. Procedures

-STATUTE-

(a) Evidence

(1) United States Government personnel and contractors

(A) With respect to any individual described in subparagraph

(B), a Board may -

(i) administer oaths and affirmations;

(ii) require that depositions be given and interrogatories

answered; and

(iii) require the attendance and presentation of testimony

and evidence by such individual.

Failure of any such individual to comply with a request of the

Board shall be grounds for disciplinary action by the head of the

Federal agency in which such individual is employed or serves, or

in the case of a contractor, debarment.

(B) The individuals referred to in subparagraph (A) are -

(i) employees as defined by section 2105 of title 5

(including members of the Foreign Service);

(ii) members of the uniformed services as defined by section

101(3) of title 37;

(iii) employees of instrumentalities of the United States;

and

(iv) individuals employed by any person or entity under

contract with agencies or instrumentalities of the United

States Government to provide services, equipment, or personnel.

(2) Other persons

With respect to a person who is not described in paragraph

(1)(B), a Board may administer oaths and affirmations and require

that depositions be given and interrogatories answered.

(3) Subpoenas

(A) The Board may issue a subpoena for the attendance and

testimony of any person (other than a person described in clause

(i), (ii), or (iii) of paragraph (1)(B)) and the production of

documentary or other evidence from any such person if the Board

finds that such a subpoena is necessary in the interests of

justice for the development of relevant evidence.

(B) In the case of contumacy or refusal to obey a subpoena

issued under this paragraph, a court of the United States within

the jurisdiction of which a person is directed to appear or

produce information, or within the jurisdiction of which the

person is found, resides, or transacts business, may upon

application of the Attorney General, issue to such person an

order requiring such person to appear before the Board to give

testimony or produce information as required by the subpoena.

allowances which are paid subpoenaed witnesses in the courts of

the United States.

(b) Confidentiality

A Board shall adopt for administrative proceedings under this

subchapter such procedures with respect to confidentiality as may

be deemed necessary, including procedures relating to the conduct

of closed proceedings or the submission and use of evidence in

camera, to ensure in particular the protection of classified

information relating to national defense, foreign policy, or

intelligence matters. The Director of Central Intelligence shall

establish the level of protection required for intelligence

information and for information relating to intelligence personnel,

including standards for secure storage.

Records pertaining to administrative proceedings under this

subchapter shall be separated from all other records of the

Department of State and shall be maintained under appropriate

safeguards to preserve confidentiality and classification of

information. Such records shall be prohibited from disclosure to

the public until such time as a Board completes its work and is

dismissed. The Department of State shall turn over to the Director

of Central Intelligence intelligence information and information

relating to intelligence personnel which shall then become records

of the Central Intelligence Agency. After that time, only such

exemptions from disclosure under section 552(b) of title 5

(relating to freedom of information), as apply to other records of

the Department of State, and to any information transmitted under

section 4834(c) of this title to the head of a Federal agency or

instrumentality, shall be available for the remaining records of

the Board.

(d) Status of Boards

The provisions of the Federal Advisory Committee Act (5 U.S.C.

App. 1 et seq.) and section 552b of title 5 (relating to open

meetings) shall not apply to any Board.

-SOURCE-

(Pub. L. 99-399, title III, Sec. 303, Aug. 27, 1986, 100 Stat.

859.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (d),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4834 of this title.

-End-

-CITE-

22 USC Sec. 4834 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-HEAD-

Sec. 4834. Findings and recommendations by a Board

-STATUTE-

(a) Findings

A Board convened in any case shall examine the facts and

circumstances surrounding the serious injury, loss of life, or

significant destruction of property at or related to a United

States Government mission abroad or surrounding the serious breach

of security involving intelligence activities of a foreign

government directed at a United States Government mission abroad

(as the case may be) and shall make written findings determining -

(1) the extent to which the incident or incidents with respect

to which the Board was convened was security related;

(2) whether the security systems and security procedures at

that mission were adequate;

(3) whether the security systems and security procedures were

properly implemented;

(4) the impact of intelligence and information availability;

and

(5) such other facts and circumstances which may be relevant to

the appropriate security management of United States missions

abroad.

(b) Program recommendations

A Board shall submit its findings (which may be classified to the

extent deemed necessary by the Board) to the Secretary of State,

together with recommendations as appropriate to improve the

security and efficiency of any program or operation which the Board

has reviewed.

Whenever a Board finds reasonable cause to believe that an

individual described in section 4833(a)(1)(B) of this title has

breached the duty of that individual, the Board shall -

(1) notify the individual concerned,

(2) transmit the finding of reasonable cause, together with all

information relevant to such finding, to the head of the

appropriate Federal agency or instrumentality, and

(3) recommend that such agency or instrumentality initiate an

appropriate investigatory or disciplinary action.

In determining whether an individual has breached a duty of that

individual, the Board shall take into account any standard of

conduct, law, rule, regulation, contract, or order which is

pertinent to the performance of the duties of that individual.

(d) Reports

(1) Program recommendations

In any case in which a Board transmits recommendations to the

Secretary of State under subsection (b) of this section, the

Secretary shall, not later than 90 days after the receipt of such

recommendations, submit a report to the Congress on each such

recommendation and the action taken with respect to that

recommendation.

(2) Personnel recommendations

In any case in which a Board transmits a finding of reasonable

cause under subsection (c) of this section, the head of the

Federal agency or instrumentality receiving the information shall

review the evidence and recommendations and shall, not later than

30 days after the receipt of that finding, transmit to the

Congress 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 disciplinary

or other action with respect to that individual.

-SOURCE-

(Pub. L. 99-399, title III, Sec. 304, Aug. 27, 1986, 100 Stat. 861;

Pub. L. 100-204, title I, Sec. 156(b), Dec. 22, 1987, 101 Stat.

1354.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-204 inserted "or surrounding the

serious breach of security involving intelligence activities of a

foreign government directed at a United States Government mission

abroad (as the case may be)" after first reference to "mission

abroad".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4833 of this title.

-End-

-CITE-

22 USC Sec. 4835 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER III - PERFORMANCE AND ACCOUNTABILITY

-HEAD-

Sec. 4835. Relation to other proceedings

-STATUTE-

Nothing in this subchapter shall be construed to create

administrative or judicial review remedies or rights of action not

otherwise available by law, nor shall any provision of this

subchapter be construed to deprive any person of any right or legal

defense which would otherwise be available to that person under any

law, rule, or regulation.

-SOURCE-

(Pub. L. 99-399, title III, Sec. 305, Aug. 27, 1986, 100 Stat.

862.)

-End-

-CITE-

22 USC SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-End-

-CITE-

22 USC Sec. 4851 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4851. Authorization

-STATUTE-

(a) Diplomatic security program

(1) In general

In addition to amounts otherwise available for such purposes,

the following amounts are authorized to be appropriated for

fiscal years 1986 and 1987, for the Department of State to carry

out diplomatic security construction, acquisition, and operations

pursuant to the Department of State's Supplemental Diplomatic

Security Program, as justified to the Congress for the respective

fiscal year for "Administration of Foreign Affairs", as follows:

(A) For "Salaries and Expenses", $308,104,000.

(B) For "Acquisition and Maintenance of Buildings Abroad",

$857,806,000.

$15,000,000.

(2) Omitted

(3) Repealed. Pub. L. 103-236, title I, Sec. 101(c), Apr. 30,

1994, 108 Stat. 388

(4) Allocation of amounts authorized to be appropriated

Amounts authorized to be appropriated by this subsection, and

by the amendment made by paragraph (2), shall be allocated as

provided in the table entitled "Diplomatic Security Program"

relating to this section which appears in the Joint Explanatory

Statement of the Committee of Conference to accompany H.R. 4151

of the 99th Congress (the Omnibus Diplomatic Security and

Antiterrorism Act of 1986).

(b) Notification to authorizing Committees of requests for

appropriations

In any fiscal year, whenever the Secretary of State submits to

the Congress a request for appropriations to carry out the program

described in subsection (a) of this section, the Secretary shall

notify the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate of such request, together with a justification of each item

listed in such request.

108 Stat. 392

(d) Prohibition on reallocations of authorizations

Section 2696(d) of this title shall not apply with respect to any

amounts authorized to be appropriated under this section.

(e) Security requirements of other foreign affairs agencies

Based solely on security requirements and within the total amount

of funds available for security, the Secretary of State shall

ensure that an equitable level of funding is provided for the

security requirements of other foreign affairs agencies.

(f) Insufficiency of funds

In the event that sufficient funds are not available in any

fiscal year for all of the diplomatic security construction,

acquisition, and operations pursuant to the Department of State's

Supplemental Diplomatic Security Program, as justified to the

Congress for such fiscal year, the Secretary of State shall report

to the Congress the effect that the insufficiency of funds will

have with respect to the Department of State and each of the other

foreign affairs agencies.

(g) Allocation of funds for certain security programs

Of the amount of funds authorized to be appropriated by

subsection (a)(1)(A) of this section, $34,537,000 shall be

available to the Secretary of State only for the protection of

classified office equipment, the expansion of information systems

security, and the hiring of American systems managers and operators

for computers at high threat locations.

(h) Furniture, furnishings, and equipment

(1) Use of existing furniture, furnishings, and equipment

If physically possible, facilities constructed or acquired

pursuant to subsection (a) of this section shall be furnished and

equipped with the furniture, furnishings, and equipment that were

being used in the facilities being replaced, rather than with

newly acquired furniture, furnishings, and equipment.

(2) Omitted

(3) Repealed. Pub. L. 103-236, title I, Sec. 122(b), Apr. 30,

1994, 108 Stat. 392

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 401, Aug. 27, 1986, 100 Stat. 862;

Pub. L. 100-204, title I, Sec. 101(c), Dec. 22, 1987, 101 Stat.

1336; Pub. L. 103-236, title I, Secs. 101(c), 122(b), Apr. 30,

1994, 108 Stat. 388, 392.)

-REFTEXT-

REFERENCES IN TEXT

The amendment made by paragraph (2), referred to in subsec.

(a)(4), is the amendment made by section 401(a)(2) of Pub. L.

99-399 to section 2349aa-4 of this title.

H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security

and Antiterrorism Act of 1986), referred to in subsec. (a)(4), as

enacted into law, is Pub. L. 99-399, Aug. 27, 1986, 100 Stat. 853.

The Joint Explanatory Statement of the Committee of Conference to

accompany H.R. 4151 is set forth in H. Rept. No. 99-783, 99th

Congress.

-COD-

CODIFICATION

Section is comprised of section 401 of Pub. L. 99-399. Subsecs.

(a)(2) and (h)(2) of section 401 of Pub. L. 99-399 amended sections

2349aa-4 and 300, respectively, of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(3). Pub. L. 103-236, Sec. 101(c), struck out

heading and text of par. (3). Text read as follows: "There is

authorized to be appropriated for the Department of State for

'Acquisition and Maintenance of Buildings Abroad' for each of the

fiscal years 1988 through 1990, $417,962,000 to carry out

diplomatic security construction, acquisition, and operations

pursuant to the Department of State's Supplemental Diplomatic

Security Program. Authorizations of appropriations under this

paragraph shall remain available until the appropriations are

made."

Subsec. (c). Pub. L. 103-236, Sec. 122(b), struck out heading and

text of subsec. (c). Text read as follows: "Amounts made available

for capital projects pursuant to subsection (a) of this section

shall be treated as a reprogramming of funds under section 2706 of

this title and shall not be available for obligation or expenditure

except in compliance with the procedures applicable to such

reprogramming."

Subsec. (h)(3). Pub. L. 103-236, Sec. 122(b), struck out heading

and text of par. (3). Text read as follows: "Amounts made available

for furniture, furnishings, and equipment pursuant to subsection

(a) of this section shall be treated as a reprogramming of funds

under section 2706 of this title and shall not be available for

obligation or expenditure except in compliance with the procedures

applicable to such reprogramming."

1987 - Subsec. (a)(3). Pub. L. 100-204 inserted sentence at end

providing that authorizations of appropriations under this

paragraph remain available until appropriations are made.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1994 AMENDMENT

Section 101(c) of Pub. L. 103-236 provided that the amendment

made by that section is effective Oct. 1, 1995.

CONSTRUCTION SECURITY CERTIFICATION

Section 160 of Pub. L. 100-204, as amended by Pub. L. 101-246,

title I, Sec. 135, Feb. 16, 1990, 104 Stat. 33, provided that:

"(a) Certification. - Before undertaking any new construction or

major renovation project in any foreign facility intended for the

storage of classified materials or the conduct of classified

activities, or approving occupancy of a similar facility for which

construction or major renovation began before the effective date of

this section [Dec. 22, 1987], the Secretary of State, after

consultation with the Director of Central Intelligence, shall

certify to the Committee on Foreign Affairs [now Committee on

International Relations] of the House of Representatives and the

Committee on Foreign Relations of the Senate that -

"(1) appropriate and adequate steps have been taken to ensure

the security of the construction project (including an evaluation

of how all security-related factors with respect to such project

are being addressed);

"(2) the facility resulting from such project incorporates -

"(A) adequate measures for protecting classified information

and national security-related activities; and

"(B) adequate protection for the personnel working in the

diplomatic facility; and

"(3) a plan has been put into place for the continued

evaluation and maintenance of adequate security at such facility,

which plan shall specify the physical security methods and

technical countermeasures necessary to ensure secure operations,

including any personnel requirements for such purposes.

"(b) Availability of Documentation. - All documentation with

respect to a certification referred to in subsection (a) and any

dissenting views thereto shall be available, in an appropriately

classified form, to the Chairman of the Committee on Foreign

Affairs [now Committee on International Relations] of the House of

Representatives and the Chairman of the Committee on Foreign

Relations of the Senate.

"(c) Director of Central Intelligence. - The Director of Central

Intelligence shall provide to the Secretary of State such

assistance with respect to the implementation of this section as

the Secretary of State may request.

"(d) Dissenting Views. - If the Director of Central Intelligence

disagrees with the Secretary of State with respect to any project

certification made pursuant to subsection (a), the Director shall

submit in writing disagreeing views to the Secretary of State."

REPORT TO CONGRESS ON OBLIGATION OF FUNDS

Pub. L. 100-459, title III, Sec. 302, Oct. 1, 1988, 102 Stat.

2207, provided that: "The Secretary of State shall report to the

appropriate committees of the Congress on the obligation of funds

provided for diplomatic security and related expenses every month."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-202, Sec. 101(a) [title III, Sec. 302], Dec. 22,

1987, 101 Stat. 1329, 1329-23.

Pub. L. 99-500, Sec. 101(b) [title III, Sec. 302], Oct. 18, 1986,

100 Stat. 1783-39, 1783-60, and Pub. L. 99-591, Sec. 101(b) [title

III, Sec. 302], Oct. 30, 1986, 100 Stat. 3341-39, 3341-60.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4852, 4854, 4855, 4860 of

this title.

-End-

-CITE-

22 USC Sec. 4852 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4852. Diplomatic construction program

-STATUTE-

(a) Preference for United States contractors

Notwithstanding section 302 of this title, and where adequate

competition exists, only United States persons and qualified United

States joint venture persons may -

(1) bid on a diplomatic construction or design project which

has an estimated total project value exceeding $10,000,000; and

(2) bid on a diplomatic construction or design project which

involves technical security, unless the project involves

low-level technology, as determined by the Secretary of State.

(b) Exception

Subsection (a) of this section shall not apply with respect to

any diplomatic construction or design project in a foreign country

whose statutes prohibit the use of United States contractors on

such projects. The exception contained in this subsection shall

only become effective with respect to a foreign country 30 days

after the Secretary of State certifies to the Committee on Foreign

Affairs and the Committee on Appropriations of the House of

Representatives and the Committee on Foreign Relations and the

Committee on Appropriations of the Senate what specific actions he

has taken to urge such foreign country to permit the use of United

States contractors on such projects, and what actions he shall take

with respect to that country as authorized by title II of the State

Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.;

commonly referred to as the "Foreign Missions Act").

For the purposes of this section -

(1) the term "adequate competition" means with respect to a

construction or design project, the presence of two or more

qualified bidders submitting responsive bids for that project;

(2) the term "United States person" means a person which -

(A) is incorporated or legally organized under the laws of

the United States, including State, the District of Columbia,

and local laws;

(B) has its principal place of business in the United States;

States -

(i) for more than 5 years before the issuance date of the

invitation for bids or request for proposals with respect to

a construction project under subsection (a)(1) of this

section; and

(ii) for more than 2 years before the issuance date of the

invitation for bids or request for proposals with respect to

a construction or design project which involves physical or

technical security under subsection (a)(2) of this section;

(D) has performed within the United States or at a United

States diplomatic or consular establishment abroad

administrative and technical, professional, or construction

services similar in complexity, type of construction, and value

to the project being bid;

(E) with respect to a construction project under subsection

(a)(1) of this section, has achieved total business volume

equal to or greater than the value of the project being bid in

3 years of the 5-year period before the date specified in

subparagraph (C)(i);

(F)(i) employs United States citizens in at least 80 percent

of its principal management positions in the United States,

(ii) employs United States citizens in more than half of its

permanent, full-time positions in the United States, and

(iii) will employ United States citizens in at least 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

(3) the term "qualified United States joint venture person"

means a joint venture in which a United States person or persons

owns at least 51 percent of the assets of the joint venture.

(d) American minority contractors

Not less than 10 percent of the amount appropriated pursuant to

section 4851(a) of this title for diplomatic construction or design

projects each fiscal year shall be allocated to the extent

practicable for contracts with American minority contractors.

(e) American small business contractors

Not less than 10 percent of the amount appropriated pursuant to

section 4851(a) of this title for diplomatic construction or design

projects each fiscal year shall be allocated to the extent

practicable for contracts with American small business contractors.

(f) Limitation on subcontracting

With respect to a diplomatic construction project, a prime

contractor may not subcontract more than 50 percent of the total

value of its contract for that project.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 402, Aug. 27, 1986, 100 Stat. 864;

Pub. L. 101-246, title I, Sec. 132, Feb. 16, 1990, 104 Stat. 32;

Pub. L. 102-138, title I, Sec. 131, Oct. 28, 1991, 105 Stat. 662;

Pub. L. 103-236, title I, Sec. 162(g)(10), Apr. 30, 1994, 108 Stat.

407; Pub. L. 107-228, div. A, title II, Sec. 206(b), Sept. 30,

2002, 116 Stat. 1364.)

-REFTEXT-

REFERENCES IN TEXT

Title II of the State Department Basic Authorities Act of 1956,

referred to in subsec. (b), is title II of act Aug. 1, 1956, ch.

841, as added Aug. 24, 1982, Pub. L. 97-241, title II, Sec. 202(b),

96 Stat. 283, known as the Foreign Missions Act, which is

classified principally to chapter 53 (Sec. 4301 et seq.) of this

title. For complete classification of title II to the Code, see

Short Title note set out under section 4301 of this title and

Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(2)(D). Pub. L. 107-228 inserted "or at a

United States diplomatic or consular establishment abroad" after

"United States".

1994 - Subsec. (a)(2). Pub. L. 103-236 substituted "Secretary of

State" for "Assistant Secretary for Diplomatic Security".

1991 - Subsec. (a)(1). Pub. L. 102-138, Sec. 131(1), substituted

"$10,000,000" for "$5,000,000".

Subsec. (a)(2). Pub. L. 102-138, Sec. 131(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "bid on a

diplomatic construction or design project which involves physical

or technical security, unless the project -

"(A) involves nonsophisticated, low-level technology, as

determined by the Assistant Secretary for Diplomatic Security;

"(B) is for the design or construction of a facility that does

not process or store classified material; and

"(C) does not exceed a total value of $500,000."

1990 - Subsec. (a)(2). Pub. L. 101-246 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "bid on a

diplomatic construction or design project which involves physical

or technical security."

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

CONSTRUCTION OF UNITED STATES EMBASSY IN OTTAWA

Section 125 of Pub. L. 101-246 provided that: "Section 402(a) of

the Diplomatic Security Act (22 U.S.C. 4852(a)) shall not apply to

the construction or renovation of the United States Embassy in

Ottawa, Canada."

-End-

-CITE-

22 USC Sec. 4853 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4853. Security requirements for contractors

-STATUTE-

Not later than 90 days after August 27, 1986, the Secretary of

State shall issue regulations to -

(1) strengthen the security procedures applicable to

contractors and subcontractors involved in any way with any

diplomatic construction or design project; and

(2) permit a contractor or subcontractor to have access to any

design or blueprint relating to such a project only in accordance

with those procedures.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 403, Aug. 27, 1986, 100 Stat. 865.)

-End-

-CITE-

22 USC Sec. 4854 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4854. Qualifications of persons hired for diplomatic

construction program

-STATUTE-

In carrying out the diplomatic construction program referred to

in section 4851(a) of this title, the Secretary of State shall

employ as professional staff (by appointment, contract, or

otherwise) only those persons with a demonstrated specialized

background in the fields of construction, construction law, or

contract management. In filling such positions, the Secretary shall

actively recruit women and members of minority groups.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 404, Aug. 27, 1986, 100 Stat. 865.)

-End-

-CITE-

22 USC Sec. 4855 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4855. Cost overruns

-STATUTE-

Any amount required to complete any capital project described in

the Department of State's Supplemental Diplomatic Security Program,

as justified to the Congress for the respective fiscal year, which

is in excess of the amount made available for that project pursuant

to section 4851(a)(1) or (3) (!1) shall be treated as a

reprogramming of funds under section 2706 of this title and shall

not be available for obligation or expenditure except in compliance

with the procedures applicable to such reprogrammings.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 405, Aug. 27, 1986, 100 Stat. 865.)

-REFTEXT-

REFERENCES IN TEXT

Section 4851(a)(3) of this title, referred to in text, was

repealed by Pub. L. 103-236, title I, Sec. 101(c), Apr. 30, 1994,

108 Stat. 388.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 4856 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4856. Efficiency in contracting

-STATUTE-

(a) Bonuses and penalties

The Director of the Office of Foreign Buildings shall provide for

a contract system of bonuses and penalties for the diplomatic

construction program funded pursuant to the authorizations of

appropriations provided in this subchapter. Not later than 3 months

after August 27, 1986, the Director shall submit a report to the

Congress on the implementation of this section.

(b) Surety bonds and guarantees

The Director of the Office of Foreign Buildings shall require

each person awarded a contract for work under the diplomatic

construction program to post a surety bond or guarantee, in such

amount as the Director may determine, to assure performance under

such contract.

No person doing business with Libya may be eligible for any

contract awarded pursuant to this Act.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 406, Aug. 27, 1986, 100 Stat. 866.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this title", meaning title IV of Pub. L. 99-399, which enacted

this subchapter and amended sections 300, 2349aa-4, 3929, and 3929a

of this title, section 208 of Title 3, The President, section 5315

of Title 5, Government Organization and Employees, and sections 2

and 11 of the Inspector General Act of 1978, Pub. L. 95-452, set

out in the Appendix to Title 5. For complete classification of

title IV of Pub. L. 99-399 to the Code, see Tables.

This Act, referred to in subsec. (c), is Pub. L. 99-399, Aug. 27,

1986, 100 Stat. 853, known as the Omnibus Diplomatic Security and

Antiterrorism Act of 1986. For complete classification of this Act

to the Code, see Short Title note set out under section 4801 of

this title and Tables.

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 4857 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4857. Advisory Panel on Overseas Security

-STATUTE-

Not later than 90 days after August 27, 1986, the Secretary of

State shall submit a report to the Congress on the implementation

of the 91 recommendations contained in the final report of the

Advisory Panel on Overseas Security. If any such recommendation has

been rejected, the Secretary shall provide the reasons why that

recommendation was rejected.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 407, Aug. 27, 1986, 100 Stat. 866.)

-End-

-CITE-

22 USC Sec. 4858 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4858. Training to improve perimeter security at United States

diplomatic missions abroad

-STATUTE-

(a) Training

It is the sense of Congress that the President should use the

authority under chapter 8 of title II of the Foreign Assistance Act

of 1961 [22 U.S.C. 2349aa et seq.] (relating to antiterrorism

assistance) to improve perimeter security of United States

diplomatic missions abroad.

(b) Repealed. Pub. L. 103-236, title I, Sec. 139(20), Apr. 30,

1994, 108 Stat. 398; Pub. L. 103-415, Sec. 1(c), Oct. 25, 1994,

108 Stat. 4299

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 408, Aug. 27, 1986, 100 Stat. 866;

Pub. L. 103-236, title I, Sec. 139(20), Apr. 30, 1994, 108 Stat.

398; Pub. L. 103-415, Sec. 1(c), Oct. 25, 1994, 108 Stat. 4299.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

8 of title II of that Act probably means chapter 8 of part II of

that Act, which is classified generally to part VIII (Sec. 2349aa

et seq.) of subchapter II of chapter 32 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-236, as amended by Pub. L.

103-415, struck out heading and text of subsec. (b). Text read as

follows: "Not later than October 1 of each year, the President

shall submit a report to the Congress on the progress and problems

of improving perimeter security of United States diplomatic

missions abroad."

-End-

-CITE-

22 USC Sec. 4859 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4859. Protection of public entrances of United States

diplomatic missions abroad

-STATUTE-

The Secretary of State shall install and maintain a walk-through

metal detector or other advanced screening system at public

entrances of each United States diplomatic mission abroad.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 409, Aug. 27, 1986, 100 Stat. 866.)

-End-

-CITE-

22 USC Sec. 4860 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4860. Reimbursement of Department of the Treasury

-STATUTE-

The Secretary of State shall reimburse the appropriate

appropriations account of the Department of the Treasury out of

funds appropriated pursuant to section 4851(a)(1) of this title for

the actual costs incurred by the United States Secret Service, as

agreed to by the Secretary of the Treasury, for providing

protection for the spouses of foreign heads of state during fiscal

years 1986 and 1987.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 411, Aug. 27, 1986, 100 Stat. 867.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

22 USC Sec. 4861 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4861. Inspector General for Department of State

-STATUTE-

(a) Direction to establish

The Congress directs the Secretary of State to proceed

immediately to establish an Office of Inspector General of the

Department of State not later than October 1, 1986. Not later than

January 31, 1987, the Secretary of State shall submit a report to

the Committee on Foreign Relations of the Senate and the Committee

on Foreign Affairs of the House of Representatives on the progress

in establishing that office. Such report shall include an

accounting of the obligation of funds for fiscal year 1987 for that

office.

(b) Duties and responsibilities

The Inspector General of the Department of State (as established

by the amendment made by section 150(a) of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987) is authorized to

perform all duties and responsibilities, and to exercise the

authorities, stated in section 3929 of this title and in the

Inspector General Act of 1978.

Of the amounts made available for fiscal year 1987 for salaries

and expenses under the heading "Administration of Foreign Affairs",

not less than $6,500,000 shall be used for the sole purpose of

establishing and maintaining the Office of Inspector General of the

Department of State.

(d) Limitation on appointment

No career member of the Foreign Service, as defined by section

3903 of this title, may be appointed Inspector General of the

Department of State.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 413, Aug. 27, 1986, 100 Stat. 867;

Pub. L. 100-204, title I, Sec. 134, Dec. 22, 1987, 101 Stat. 1344.)

-REFTEXT-

REFERENCES IN TEXT

The amendment made by section 150(a) of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987, referred to in

subsec. (b), is the amendment made by section 150(a) of Pub. L.

99-93, title I, Aug. 16, 1985, 99 Stat. 427, to sections 2 and 11

of the Inspector General Act of 1978. See note below.

The Inspector General Act of 1978, referred to in subsec. (b), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Section is comprised of section 413 of Pub. L. 99-399, as

amended. Subsec. (e), formerly subsec. (a)(5), of section 413

amended section 5315 of Title 5, Government Organization and

Employees. A former subsec. (a)(6) of section 413, which amended

section 3929 of this title, was repealed by Pub. L. 99-529, title

IV, Sec. 405, Oct. 24, 1986, 100 Stat. 3020. Another subsec. (c) of

section 413 amended section 3929a of this title.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-204 struck out former subsec. (a) designation

and heading "Inspector General of Department of State",

redesignated former pars. (1) to (5) as subsecs. (a) to (e),

respectively, and struck out former subsec. (b) which related to

establishment of the Office of Policy and Program Review. See

Codification note above.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF STATE ON

PROTECTION OF CLASSIFIED INFORMATION AT DEPARTMENT HEADQUARTERS

Pub. L. 107-306, title VIII, Sec. 832, Nov. 27, 2002, 116 Stat.

2431, provided that:

"(a) Evaluation Required. - Not later than December 31 of 2002,

2003, and 2004, the Inspector General of the Department of State

shall conduct an evaluation of the policies and procedures of the

Department on the protection of classified information at the

Headquarters of the Department, including compliance with the

directives of the Director of Central Intelligence (DCIDs)

regarding the storage and handling of Sensitive Compartmented

Information (SCI) material.

"(b) Annual Report. - Except as provided in subsection (c), not

later than February 1 of 2003, 2004, and 2005, the Inspector

General shall submit to the following committees a report on the

evaluation conducted under subsection (a) during the preceding

year:

"(1) The congressional intelligence committees.

"(2) The Committee on Foreign Relations of the Senate and the

Committee on International Relations of the House of

Representatives.

"(c) Exception. - The date each year for the submittal of a

report under subsection (b) may be postponed in accordance with

section 507(d) of the National Security Act of 1947 [50 U.S.C.

415b(d)], as added by section 811 of this Act.

"(d) Congressional Intelligence Committees Defined. - In this

section, the term 'congressional intelligence committees' means -

"(1) the Select Committee on Intelligence of the Senate; and

"(2) the Permanent Select Committee on Intelligence of the

House of Representatives."

-End-

-CITE-

22 USC Sec. 4862 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4862. Prohibition on use of funds for facilities in Israel,

Jerusalem, or West Bank

-STATUTE-

None of the funds authorized to be appropriated by this Act may

be obligated or expended for site acquisition, development, or

construction of any facility in Israel, Jerusalem, or the West

Bank.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 414, Aug. 27, 1986, 100 Stat. 868.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 99-399, Aug. 27, 1986,

100 Stat. 853, known as the Omnibus Diplomatic Security and

Antiterrorism Act of 1986. For complete classification of this Act

to the Code, see Short Title note set out under section 4801 of

this title and Tables.

-End-

-CITE-

22 USC Sec. 4863 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4863. Use of cleared personnel to ensure secure maintenance

and repair of diplomatic facilities abroad

-STATUTE-

(a) Policies and regulations

The Secretary of State shall develop and implement policies and

regulations to provide for the use of persons who have been granted

an appropriate United States security clearance to ensure that the

security of areas intended for the storage of classified materials

or the conduct of classified activities in a United States

diplomatic mission or consular post abroad is not compromised in

the performance of maintenance and repair services in those areas.

(b) Study and report

The Secretary of State shall conduct a study of the feasibility

and necessity of requiring that, in the case of certain United

States diplomatic facilities abroad, no contractor shall be hired

to perform maintenance or repair services in an area intended for

the storage of classified materials or the conduct of classified

activities unless such contractor has been granted an appropriate

United States security clearance. Such study shall include, but is

not limited to, United States facilities located in Cairo, New

Delhi, Riyadh, and Tokyo. Not later than 180 days after February

16, 1990, the Secretary of State shall report the results of such

study to the Chairman of the Committee on Foreign Relations of the

Senate and the Committee on Foreign Affairs of the House of

Representatives.

-SOURCE-

(Pub. L. 99-399, title IV, Sec. 415, as added Pub. L. 101-246,

title I, Sec. 133(a), Feb. 16, 1990, 104 Stat. 32.)

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 4864 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4864. Increased participation of United States contractors in

local guard contracts abroad under diplomatic security program

-STATUTE-

(a) Findings

The Congress makes the following findings:

(1) State Department policy concerning the advertising of

security contracts at Foreign Service buildings has been

inconsistent over the years. In many cases, diplomatic and

consular posts abroad have been given the responsibility to

determine the manner in which the private sector was notified

concerning an invitation for bids or a request for proposals with

respect to a local guard contract. Some United States foreign

missions have only chosen to advertise locally the availability

of a local security guard contract abroad.

(2) As a result, many United States security firms that provide

local guard services abroad have been unaware that local guard

contracts were available for bidding abroad and such firms have

been disadvantaged as a result.

(3) Undoubtedly, United States security firms would be

interested in bidding on more local guard contracts abroad if

such firms knew of the opportunity to bid on such contracts.

(b) Objective

It is the objective of this section to improve the efficiency of

the local guard programs abroad administered by the Bureau of

Diplomatic Security of the Department of State and to ensure

maximum competition for local guard contracts abroad concerning

Foreign Service buildings.

contracts abroad

With respect to local guard contracts for a Foreign Service

building which exceed $250,000 and are entered into after February

16, 1990, the Secretary of State shall -

(1) establish procedures to ensure that all solicitations for

such contracts are adequately advertised in the Commerce and

Business Daily;

(2) absent compelling reasons, award such contracts through the

competitive process;

(3) in evaluating proposals for such contracts, award contracts

to the technically acceptable firm offering the lowest evaluated

price, except that proposals of United States persons and

qualified United States joint venture persons (as defined in

subsection (d) of this section) shall be evaluated by reducing

the bid price by 10 percent;

(4) in countries where contract denomination and/or payment in

local currencies constitutes a barrier to competition by United

States firms -

(A) allow solicitations to be bid in United States dollars;

and

(B) allow contracts awarded to United States firms to be paid

in United States dollars;

(5) ensure that United States diplomatic and consular posts

assist United States firms in obtaining local licenses and

permits; and

(6) establish procedures to ensure that appropriate measures

are taken by diplomatic and consular post management to assure

that United States persons and qualified United States joint

venture persons are not disadvantaged during the solicitation and

bid evaluation process.

(d) Definitions

For the purposes of this section -

(1) the term "United States person" means a person which -

(A) is incorporated or legally organized under the laws of

the United States, including the laws of any State, locality,

or the District of Columbia;

(B) has its principal place of business in the United States;

States for more than 2 years before the issuance date of the

invitation for bids or request for proposals with respect to

the contract under subsection (c) of this section;

(D) has performed within the United States or overseas

security services similar in complexity to the contract being

bid;

(E) with respect to the contract under subsection (c) of this

section, has achieved a total business volume equal to or

greater than the value of the project being bid in 3 years of

the 5-year period before the date specified in subparagraph

(C);

(F)(i) employs United States citizens in at least 80 percent

of its principal management positions in the United States; and

(ii) employs United States citizens in more than half of its

permanent, full-time positions in the United States; and

(G) has the existing technical and financial resources in the

United States to perform the contract;

(2) the term "qualified United States joint venture person"

means a joint venture in which a United States person or persons

owns at least 51 percent of the assets of the joint venture;

(3) the term "Foreign Service building" means any building or

grounds of the United States which is in a foreign country and is

under the jurisdiction and control of the Secretary of State,

including residences of United States personnel assigned overseas

under the authority of the Ambassador; and

(4) the term "barrier to local competition" means -

(A) conditions of extreme currency volatility;

(B) restrictions on repatriation of profits;

United States firms;

(D) government restrictions inhibiting the free

convertibility of foreign exchange; or

(E) conditions of extreme local political instability.

(e) United States minority contractors

Not less than 10 percent of the amount of funds obligated for

local guard contracts for Foreign Service buildings subject to

subsection (c) of this section shall be allocated to the extent

practicable for contracts with United States minority small

business contractors.

(f) United States small business contractors

Not less than 10 percent of the amount of funds obligated for

local guard contracts for Foreign Service buildings subject to

subsection (c) of this section shall be allocated to the extent

practicable for contracts with United States small business

contractors.

(g) Limitation of subcontracting

With respect to local guard contracts subject to subsection (c)

of this section, a prime contractor may not subcontract more than

50 percent of the total value of its contract for that project.

-SOURCE-

(Pub. L. 101-246, title I, Sec. 136, Feb. 16, 1990, 104 Stat. 33;

Pub. L. 103-236, title I, Sec. 141, Apr. 30, 1994, 108 Stat. 401;

Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2210, Oct. 21,

1998, 112 Stat. 2681-811.)

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Years 1990 and 1991, and not as part of

the Diplomatic Security Act which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(3). Pub. L. 105-277, Sec. 2210(1), amended

par. (3) generally. Prior to amendment, par. (3) read as follows:

"in evaluating and scoring proposals for such contracts, award not

less than 60 percent of the total points on the basis of technical

factors and subfactors;".

Subsec. (c)(5). Pub. L. 105-277, Sec. 2210(2), inserted "and" at

end.

Subsec. (c)(6). Pub. L. 105-277, Sec. 2210(3), substituted period

for "; and" at end.

Subsec. (c)(7). Pub. L. 105-277, Sec. 2210(4), struck out par.

(7) which read as follows: "give preference to United States

persons and qualified United States joint venture persons where

such persons are price competitive to the non-United States persons

bidding on the contract, are properly licensed by the host

government, and are otherwise qualified to carry out all the terms

of the contract."

1994 - Subsec. (c). Pub. L. 103-236, Sec. 141(1), added pars. (2)

to (5), redesignated former pars. (2) and (3) as (6) and (7),

respectively, and in par. (6) struck out "due to their distance

from the post" after "evaluation process".

Subsec. (d)(1)(D). Pub. L. 103-236, Sec. 141(2)(A), substituted

"or" for "and".

Subsec. (d)(4). Pub. L. 103-236, Sec. 141(2)(B)-(D), added par.

(4).

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 4865 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 58 - DIPLOMATIC SECURITY

SUBCHAPTER IV - DIPLOMATIC SECURITY PROGRAM

-HEAD-

Sec. 4865. Security requirements for United States diplomatic

facilities

-STATUTE-

(a) In general

The following security requirements shall apply with respect to

United States diplomatic facilities and specified personnel:

(1) Threat assessment

(A) Emergency Action Plan

The Emergency Action Plan (EAP) of each United States mission

shall address the threat of large explosive attacks from

vehicles and the safety of employees during such an explosive

attack. Such plan shall be reviewed and updated annually.

(B) Security Environment Threat List

The Security Environment Threat List shall contain a section

that addresses potential acts of international terrorism

against United States diplomatic facilities based on threat

identification criteria that emphasize the threat of

transnational terrorism and include the local security

environment, host government support, and other relevant

factors such as cultural realities. Such plan shall be reviewed

and updated every six months.

(2) Site selection

(A) In general

In selecting a site for any new United States diplomatic

facility abroad, the Secretary shall ensure that all United

States Government personnel at the post (except those under the

command of an area military commander) will be located on the

site.

(B) Waiver authority

(i) In general

Subject to clause (ii), the Secretary of State may waive

subparagraph (A) if the Secretary, together with the head of

each agency employing personnel that would not be located at

the site, determine that security considerations permit and

it is in the national interest of the United States.

(ii) Chancery or consulate building

(I) Authority not delegable

The Secretary may not delegate the waiver authority under

clause (i) with respect to a chancery or consulate

building.

(II) Congressional notification

Not less than 15 days prior to implementing the waiver

authority under clause (i) with respect to a chancery or

consulate building, the Secretary shall notify the

appropriate congressional committees in writing of the

waiver and the reasons for the determination.

(iii) Report to Congress

The Secretary shall submit to the appropriate congressional

committees an annual report of all waivers under this

subparagraph.

(3) Perimeter distance

(A) Requirement

Each newly acquired United States diplomatic facility shall

be sited not less than 100 feet from the perimeter of the

property on which the facility is to be situated.

(B) Waiver authority

(i) In general

Subject to clause (ii), the Secretary of State may waive

subparagraph (A) if the Secretary determines that security

considerations permit and it is in the national interest of

the United States.

(ii) Chancery or consulate building

(I) Authority not delegable

The Secretary may not delegate the waiver authority under

clause (i) with respect to a chancery or consulate

building.

(II) Congressional notification

Not less than 15 days prior to implementing the waiver

authority under subparagraph (A) with respect to a chancery

or consulate building, the Secretary shall notify the

appropriate congressional committees in writing of the

waiver and the reasons for the determination.

(iii) Report to Congress

The Secretary shall submit to the appropriate congressional

committees an annual report of all waivers under this

subparagraph.

(4) Crisis management training

(A) Training of headquarters staff

The appropriate personnel of the Department of State

headquarters staff shall undertake crisis management training

for mass casualty and mass destruction incidents relating to

diplomatic facilities for the purpose of bringing about a rapid

response to such incidents from Department of State

headquarters in Washington, D.C.

(B) Training of personnel abroad

A program of appropriate instruction in crisis management

shall be provided to personnel at United States diplomatic

facilities abroad at least on an annual basis.

(5) Diplomatic security training

Not later than six months after November 29, 1999, the

Secretary of State shall -

(A) develop annual physical fitness standards for all

diplomatic security agents to ensure that the agents are

prepared to carry out all of their official responsibilities;

and

(B) provide for an independent evaluation by an outside

entity of the overall adequacy of current new agent,

in-service, and management training programs to prepare agents

to carry out the full scope of diplomatic security

responsibilities, including preventing attacks on United States

personnel and facilities.

(6) State Department support

(A) Foreign Emergency Support Team

The Foreign Emergency Support Team (FEST) of the Department

of State shall receive sufficient support from the Department,

including -

(i) conducting routine training exercises of the FEST;

(ii) providing personnel identified to serve on the FEST as

a collateral duty;

(iii) providing personnel to assist in activities such as

security, medical relief, public affairs, engineering, and

building safety; and

(iv) providing such additional support as may be necessary

to enable the FEST to provide support in a post-crisis

environment involving mass casualties and physical damage.

(B) FEST aircraft

(i) Replacement aircraft

The President shall develop a plan to replace on a priority

basis the current FEST aircraft funded by the Department of

Defense with a dedicated, capable, and reliable replacement

aircraft and backup aircraft to be operated and maintained by

the Department of Defense.

(ii) Report

Not later than 60 days after November 29, 1999, the

President shall submit a report to the appropriate

congressional committees describing the aircraft selected

pursuant to clause (i) and the arrangements for the funding,

operation, and maintenance of such aircraft.

(iii) Authority to lease aircraft to respond to a terrorist

attack abroad

Subject to the availability of appropriations, when the

Attorney General of the Department of Justice exercises the

Attorney General's authority to lease commercial aircraft to

transport equipment and personnel in response to a terrorist

attack abroad if there have been reasonable efforts to obtain

appropriate Department of Defense aircraft and such aircraft

are unavailable, the Attorney General shall have the

authority to obtain indemnification insurance or guarantees

if necessary and appropriate.

(7) Rapid response procedures

The Secretary of State shall enter into a memorandum of

understanding with the Secretary of Defense setting out rapid

response procedures for mobilization of personnel and equipment

of their respective departments to provide more effective

assistance in times of emergency with respect to United States

diplomatic facilities.

(8) Storage of emergency equipment and records

All United States diplomatic facilities shall have emergency

equipment and records required in case of an emergency situation

stored at an off-site facility.

(b) Statutory construction

Nothing in this section alters or amends existing security

requirements not addressed by this section.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec.

606], Nov. 29, 1999, 113 Stat. 1536, 1501A-454).

-COD-

CODIFICATION

Section was enacted as part of the Secure Embassy Construction

and Counterterrorism Act of 1999, and also as part of the Admiral

James W. Nance and Meg Donovan Foreign Relations Authorization Act,

Fiscal Years 2000 and 2001, and not as part of the Diplomatic

Security Act which comprises this chapter.

-EXEC-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, July 17, 2000, 65

F.R. 45511, provided:

Memorandum for the Secretary of Defense

By the authority vested in me by the Constitution and laws of the

United States of America, I hereby delegate to the Secretary of

Defense the responsibility of the President, under section 606 of

the Foreign Relations Authorization Act for Fiscal Years 2000 and

2001 (Public Law 106-113) [22 U.S.C. 4865], to submit the required

report to the Congress.

You are hereby authorized and directed to publish this delegation

in the Federal Register.

William J. Clinton.

-MISC1-

FINDINGS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec.

602], Nov. 29, 1999, 113 Stat. 1536, 1501A-451, provided that:

"Congress makes the following findings:

"(1) On August 7, 1998, the United States embassies in Nairobi,

Kenya, and in Dar es Salaam, Tanzania, were destroyed by

simultaneously exploding bombs. The resulting explosions killed

220 persons and injured more than 4,000 others. Twelve Americans

and 40 Kenyan and Tanzanian employees of the United States

Foreign Service were killed in the attack.

"(2) The United States personnel in both Dar es Salaam and

Nairobi showed leadership and personal courage in their response

to the attacks. Despite the havoc wreaked upon the embassies,

staff in both embassies provided rapid response in locating and

rescuing victims, providing emergency assistance, and quickly

restoring embassy operations during a crisis.

"(3) The bombs are believed to have been set by individuals

associated with Osama bin Laden, leader of a known transnational

terrorist organization. In February 1998, bin Laden issued a

directive to his followers that called for attacks against United

States interests anywhere in the world.

"(4) Threats continue to be made against United States

diplomatic facilities.

"(5) Accountability Review Boards were convened following the

bombings, as required by Public Law 99-399 [see Tables for

classification], chaired by Admiral William J. Crowe, United

States Navy (Ret.) (in this section referred to as the 'Crowe

panels').

"(6) The conclusions of the Crowe panels were strikingly

similar to those stated by the Commission chaired by Admiral

Bobby Ray Inman, which issued an extensive embassy security

report in 1985.

"(7) The Crowe panels issued a report setting out many problems

with security at United States diplomatic facilities, in

particular the following:

"(A) The United States Government has devoted inadequate

resources to security against terrorist attacks.

"(B) The United States Government places too low a priority

on security concerns.

"(8) The result has been a failure to take adequate steps to

prevent tragedies such as the bombings in Kenya and Tanzania.

"(9) The Crowe panels found that there was an institutional

failure on the part of the Department of State to recognize

threats posed by transnational terrorism and vehicular bombs.

"(10) Responsibility for ensuring adequate resources for

security programs is widely shared throughout the United States

Government, including Congress. Unless the vulnerabilities

identified by the Crowe panels are addressed in a sustained and

financially realistic manner, the lives and safety of United

States employees in diplomatic facilities will continue to be at

risk from further terrorist attacks.

"(11) Although service in the Foreign Service or other United

States Government positions abroad can never be completely

without risk, the United States Government must take all

reasonable steps to minimize security risks."

AUTHORIZATIONS OF APPROPRIATIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec.

604], Nov. 29, 1999, 113 Stat. 1536, 1501A-453, as amended by Pub.

L. 107-228, div. A, title I, Sec. 111(a)(3)(B), Sept. 30, 2002, 116

Stat. 1356, provided that:

"(a) Authorization of Appropriations. - In addition to amounts

otherwise authorized to be appropriated by this or any other Act,

there are authorized to be appropriated for 'Embassy Security,

Construction and Maintenance' -

"(1) for fiscal year 2000, $900,000,000;

"(2) for fiscal year 2001, $900,000,000;

"(3) for fiscal year 2002, $900,000,000;

"(4) for fiscal year 2003, $1,000,000,000; and

"(5) for fiscal year 2004, $900,000,000.

"(b) Purposes. - Funds made available under the 'Embassy

Security, Construction, and Maintenance' account may be used only

for the purposes of -

"(1) the acquisition of United States diplomatic facilities

and, if necessary, any residences or other structures located in

close physical proximity to such facilities, or

"(2) the provision of major security enhancements to United

States diplomatic facilities,

to the extent necessary to bring the United States Government into

compliance with all requirements applicable to the security of

United States diplomatic facilities, including the relevant

requirements set forth in section 606 [22 U.S.C. 4865].

"(c) Availability of Authorizations. - Authorizations of

appropriations under subsection (a) shall remain available until

the appropriations are made.

"(d) Availability of Funds. - Amounts appropriated pursuant to

subsection (a) are authorized to remain available until expended."

OBLIGATIONS AND EXPENDITURES

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec.

605], Nov. 29, 1999, 113 Stat. 1536, 1501A-453, provided that:

"(a) Report and Priority of Obligations. -

"(1) Report. - Not later than February 1 of the year 2000 and

each of the four subsequent years, the Secretary of State shall

submit a classified report to the appropriate congressional

committees identifying each diplomatic facility or each

diplomatic or consular post composed of such facilities that is a

priority for replacement or for any major security enhancement

because of its vulnerability to terrorist attack (by reason of

the terrorist threat and the current condition of the facility).

The report shall list such facilities in groups of 20. The groups

shall be ranked in order from most vulnerable to least vulnerable

to such an attack.

"(2) Priority on use of funds. -

"(A) In general. - Except as provided in subparagraph (B),

funds authorized to be appropriated by section 604 [set out as

a note above] for a particular project may be used only for

those facilities which are listed in the first four groups

described in paragraph (1).

"(B) Exception. - Funds authorized to be made available by

section 604 may only be used for facilities which are not in

the first 4 groups described in paragraph (1), if the Congress

authorizes or appropriates funds for such a diplomatic facility

or the Secretary of State notifies the appropriate

congressional committees that such funds will be used for a

facility in accordance with the procedures applicable to a

reprogramming of funds under section 34(a) of the State

Department Basic Authorities Act of 1956 (22 U.S.C. 2706(a)).

"(b) Prohibition on Transfer of Funds. - None of the funds

authorized to be appropriated by section 604 may be transferred to

any other account.

"(c) Semiannual Reports on Acquisition and Major Security

Upgrades. - On June 1 and December 1 of each year, the Secretary of

State shall submit a report to the appropriate congressional

committees on the embassy construction and security program

authorized under this title [enacting this section, amending

section 4831 of this title, and enacting provisions set out as

notes under this section]. The report shall include -

"(1) obligations and expenditures -

"(A) during the previous two fiscal quarters; and

"(B) since the enactment of this Act [Nov. 29, 1999];

"(2) projected obligations and expenditures for the fiscal year

in which the report is submitted and how these obligations and

expenditures will improve security conditions of specific

diplomatic facilities; and

"(3) the status of ongoing acquisition and major security

enhancement projects, including any significant changes in -

"(A) the budgetary requirements for such projects;

"(B) the schedule of such projects; and

"(C) the scope of the projects."

-CROSS-

DEFINITIONS

For definitions of the terms "Secretary" and "appropriate

congressional committees" used in this section and in section

1000(a)(7) [div. A, title VI, Sec. 605] of Pub. L. 106-113, set out

as a note above, see section 1000(a)(7) [Sec. 3] of Pub. L.

106-113, set out as a note under section 2651 of this title.

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec.

603], Nov. 29, 1999, 113 Stat. 1536, 1501A-452, provided that: "In

this title [enacting this section, amending section 4831 of this

title, and enacting provisions set out as notes above], the terms

'United States diplomatic facility' and 'diplomatic facility' mean

any chancery, consulate, or other office notified to the host

government as diplomatic or consular premises in accordance with

the Vienna Conventions on Diplomatic and Consular Relations, or

otherwise subject to a publicly available bilateral agreement with

the host government (contained in the records of the United States

Department of State) that recognizes the official status of the

United States Government personnel present at the facility."

-End-

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