Page 1151 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4801

Sec.

4832. Accountability Review Board.

(a) Membership.

(b) Facilities, services, supplies, and

staff.

4833. Procedures.

(a) Evidence.

(b) Confidentiality.

(c) Records.

(d) Status of Boards.

4834. Findings and recommendations by a Board.

(a) Findings.

(b) Program recommendations.

(c) Personnel 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.

(c) Repealed.

(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.

(c) Definitions.

(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.

(c) Disqualification of contractors.

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(b) Repealed.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.

(c) Earmark.

(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.

(c) Participation of United States contractors in local guard contracts

abroad.

(d) Definitions.

(e) United States minority contractors.

Sec.

(f) United States small business contractors.

(g) Limitation of subcontracting.

SUBCHAPTER I—GENERALLY

§ 4801. Findings and purposes

(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.

(Pub. L. 99–399, title I, §102, Aug. 27, 1986, 100

Stat. 855; Pub. L. 101–246, title I, §115(a), Feb. 16,

1990, 104 Stat. 22; Pub. L. 103–236, title I,

§162(g)(1), Apr. 30, 1994, 108 Stat. 406.)

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.

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), re-
§ 4802 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1152

spectively. 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

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’.’’

§ 4802. Responsibility of Secretary of State

(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 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);

(C) establishment and operation of security

functions at all 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) of this title.

(xii) Performance of other security, investigative, and protective matters as authorized

by law.

(C) Counterterrorism planning and coordination

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.