dreamproit/uscode huggingface dataset:
22 U.S.C. § 4803 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4803. Designation of high risk, high threat posts
(a) Initial designation
Not later than 30 days after December 16, 2016, the Department of State shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts.
(b) Designations before opening or reopening posts
Before opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post.
(c) Designating existing posts
The Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation.
(d) Definitions
In this section:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2) High risk, high threat post
The term “high risk, high threat post” means a United States diplomatic or consular post or other United States mission abroad, as determined by the Secretary, that, among other factors—
(A) is located in a country—
(i) with high to critical levels of political violence and terrorism; and
(ii) the government of which lacks the ability or willingness to provide adequate security; and
(B) has mission physical security platforms that fall below the Department of State’s established standards.
(Pub. L. 99–399, title I, § 104, as added Pub. L. 114–323, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1907; amended Pub. L. 115–94, § 2(a), Dec. 18, 2017, 131 Stat. 2038.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 4803, Pub. L. 99–399, title I, § 104(a), Aug. 27, 1986, 100 Stat. 856, established Bureau of Diplomatic Security in Department of State, prior to repeal by Pub. L. 103–236, title I, § 162(g)(3), Apr. 30, 1994, 108 Stat. 407.
A prior section 104 of Pub. L. 99–399 enacted this section and amended former section 2652 of this title and section 5315 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 103–236, title I, § 162(g)(3), Apr. 30, 1994, 108 Stat. 407.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–94 inserted “and the Committees on Appropriations of the Senate and the House of Representatives” after “appropriate congressional committees”.
22 U.S.C. § 4805 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4805. Cooperation of other Federal agencies
(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.
(c) Certain lease arrangements
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.
(Pub. L. 99–399, title I, § 106, Aug. 27, 1986, 100 Stat. 857.)
heading: Editorial Notes
heading: References in Text
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 under section 4801 of this title and Tables.
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 3001 of Title 50, War and National Defense.
22 U.S.C. § 4806 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4806. Protection of foreign consulates
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.
(Pub. L. 99–399, title I, § 107, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(5), Apr. 30, 1994, 108 Stat. 407.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
22 U.S.C. § 4821 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4821. Diplomatic Security Service
The Secretary of State may establish a Diplomatic Security Service, which shall perform such functions as the Secretary may determine.
(Pub. L. 99–399, title II, § 201, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(7), Apr. 30, 1994, 108 Stat. 407.)
heading: Editorial Notes
heading: Amendments
text: 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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
22 U.S.C. § 4822 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4822. Director of Diplomatic Security Service
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.
(Pub. L. 99–399, title II, § 202, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(8), Apr. 30, 1994, 108 Stat. 407.)
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
22 U.S.C. § 4823 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4823. Special agents
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.
(Pub. L. 99–399, title II, § 203, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(9), Apr. 30, 1994, 108 Stat. 407.)
heading: Editorial Notes
heading: References in Text
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 (§ 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.
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
22 U.S.C. § 4824 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4824. Contracting authority
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.
(Pub. L. 99–399, title II, § 206, as added Pub. L. 105–277, div. C, title I, § 104, Oct. 21, 1998, 112 Stat. 2681–586.)
heading: Editorial Notes
heading: References in Text
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.
22 U.S.C. § 4832 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4832. Accountability Review Board
(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.
(Pub. L. 99–399, title III, § 302, Aug. 27, 1986, 100 Stat. 859.)
heading: Statutory Notes and Related Subsidiaries
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
heading: Change of Name
text: 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.
22 U.S.C. § 4855 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Editorial Notes
heading: References in Text
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.
22 U.S.C. § 4856 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.
(Pub. L. 99–399, title IV, § 406, Aug. 27, 1986, 100 Stat. 866; Pub. L. 109–472, § 8, Jan. 11, 2007, 120 Stat. 3556.)
heading: Editorial Notes
heading: References in Text
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, former 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.
heading: Amendments
text: 2007—Subsec. (c). Pub. L. 109–472 struck out subsec. (c). Text read as follows: “No person doing business with Libya may be eligible for any contract awarded pursuant to this Act.”
heading: Statutory Notes and Related Subsidiaries
heading: Authority of Secretary of State
text: 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.
22 U.S.C. § 4858 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Editorial Notes
heading: References in Text
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.
heading: Amendments
text: 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.”
22 U.S.C. § 4860 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4860. Reimbursement of Department of the Treasury
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.
(Pub. L. 99–399, title IV, § 411, Aug. 27, 1986, 100 Stat. 867.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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.
22 U.S.C. § 4862 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4862. Prohibition on use of funds for facilities in Israel, Jerusalem, or West Bank
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.
(Pub. L. 99–399, title IV, § 414, Aug. 27, 1986, 100 Stat. 868.)
heading: Editorial Notes
heading: References in Text
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.