### §4851. Authorization

#### (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.

(C) For "Counterterrorism Research and Development", $15,000,000.

#### (2) Omitted

#### (3) Repealed. Pub. L. 103–236, title I, §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), 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.

#### (c) Repealed. Pub. L. 103–236, title I, §122(b), Apr. 30, 1994, 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), $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) 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, §122(b), Apr. 30, 1994, 108 Stat. 392

(Pub. L. 99–399, title IV, §401, Aug. 27, 1986, 100 Stat. 862; Pub. L. 100–204, title I, §101(c), Dec. 22, 1987, 101 Stat. 1336; Pub. L. 103–236, title I, §§101(c), 122(b), Apr. 30, 1994, 108 Stat. 388, 392.)

#### **Editorial Notes**

#### 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.

#### 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.

#### Amendments

1994—Subsec. (a)(3). Pub. L. 103–236, §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, §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, §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.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1994 Amendment

Pub. L. 103–236, title I, §101(c), Apr. 30, 1994, 108 Stat. 388, provided that the amendment made by that section is effective Oct. 1, 1995.

#### Embassy Security Requests and Deficiencies

Pub. L. 117–81, div. E, title LII, §5209, Dec. 27, 2021, 135 Stat. 2357, provided that: "The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following:

"(1) Requests made over the previous year by United States diplomatic posts for security upgrades.

"(2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound."

[For definition of "appropriate congressional committees" as used in section 5209 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]

#### Construction Security Certification

Pub. L. 100–204, title I, §160, Dec. 22, 1987, 101 Stat. 1356, as amended by Pub. L. 101–246, title I, §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 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 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."

[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]

#### Report to Congress on Obligation of Funds

Pub. L. 100–459, title III, §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, §101(a) [title III, §302], Dec. 22, 1987, 101 Stat. 1329, 1329–23.

Pub. L. 99–500, §101(b) [title III, §302], Oct. 18, 1986, 100 Stat. 1783–39, 1783–60, and Pub. L. 99–591, §101(b) [title III, §302], Oct. 30, 1986, 100 Stat. 3341–39, 3341–60.