§ 4853 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1160

try 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’’).

(c) Definitions

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;

(C) has been incorporated or legally organized in the United 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 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.

(Pub. L. 99–399, title IV, §402, Aug. 27, 1986, 100

Stat. 864; Pub. L. 101–246, title I, §132, Feb. 16,

1990, 104 Stat. 32; Pub. L. 102–138, title I, §131,

Oct. 28, 1991, 105 Stat. 662; Pub. L. 103–236, title

I, §162(g)(10), Apr. 30, 1994, 108 Stat. 407.)

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, §202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to

chapter 53 (§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.

AMENDMENTS

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, §131(1), substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’.

Subsec. (a)(2). Pub. L. 102–138, §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 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.

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.’’

§ 4853. Security requirements for contractors

Not later than 90 days after August 27, 1986,

the Secretary of State shall issue regulations

to—
Page 1161 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4858

1See References in Text note below.

(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.

(Pub. L. 99–399, title IV, §403, Aug. 27, 1986, 100

Stat. 865.)

§ 4854. Qualifications of persons hired for diplomatic construction program

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.

(Pub. L. 99–399, title IV, §404, Aug. 27, 1986, 100

Stat. 865.)

§ 4855. Cost overruns

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.

(Pub. L. 99–399, title IV, §405, Aug. 27, 1986, 100

Stat. 865.)

REFERENCES IN TEXT

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

repealed by Pub.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

108 Stat. 388.

§ 4856. Efficiency in contracting

(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.

(c) Disqualification of contractors

No person doing business with Libya may be

eligible for any contract awarded pursuant to

this Act.

(Pub. L. 99–399, title IV, §406, Aug. 27, 1986, 100

Stat. 866.)

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.

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.

§ 4857. Advisory Panel on Overseas Security

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.

(Pub. L. 99–399, title IV, §407, Aug. 27, 1986, 100

Stat. 866.)

§ 4858. Training to improve perimeter security at

United States diplomatic missions abroad

(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, § 139(20),

Apr. 30, 1994, 108 Stat. 398; Pub. L. 103–415,

§ 1(c), Oct. 25, 1994, 108 Stat. 4299

(Pub. L. 99–399, title IV, §408, Aug. 27, 1986, 100

Stat. 866; Pub. L. 103–236, title I, §139(20), Apr. 30,

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

1994, 108 Stat. 4299.)

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 (§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.

AMENDMENTS

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

L. 103–415, struck out heading and text of subsec. (b).