§ 4314. — Extraordinary protective services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4314]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4314. Extraordinary protective services
(a) General authority
The Secretary may provide extraordinary protective services for
foreign missions directly, by contract, or through State or local
authority to the extent deemed necessary by the Secretary in carrying
out this chapter, except that the Secretary may not provide under this
section any protective services for which authority exists to provide
such services under sections 202(7) \1\ and 208 of title 3.
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\1\ See References in Text note below.
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(b) Requirement of extraordinary circumstances
The Secretary may provide funds to a State or local authority for
protective services under this section only if the Secretary has
determined that a threat of violence, or other circumstances, exists
which requires extraordinary security measures which exceed those which
local law enforcment \2\ agencies can reasonably be expected to take.
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\2\ So in original. Probably should be ``enforcement''.
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(c) Repealed. Pub. L. 103-236, title I, Sec. 139(2), Apr. 30, 1994, 108
Stat. 397
(d) Restrictions on use of funds
Of the funds made available for obligation under this section in any
fiscal year--
(1) not more than 20 percent may be obligated for protective
services within any single State during that year; and
(2) not less than 15 percent shall be retained as a reserve for
protective services provided directly by the Secretary or for
expenditures in local jurisdictions not otherwise covered by an
agreement for protective services under this section.
The limitations on funds available for obligation in this subsection
shall not apply to unobligated funds during the final quarter of any
fiscal year.
(e) Period of agreement with State or local authority
Any agreement with a State or local authority for the provision of
protective services under this section shall be for a period of not to
exceed 90 days in any calendar year, but such agreements may be renewed
after review by the Secretary.
(f) Requirement for appropriations
Contracts may be entered into in carrying out this section only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
(g) Working capital fund
Amounts used to carry out this section shall not be subject to
section 4308(h) of this title.
(Aug. 1, 1956, ch. 841, title II, Sec. 214, as added Pub. L. 99-93,
title I, Sec. 126(a), Aug. 16, 1985, 99 Stat. 417; amended Pub. L. 103-
236, title I, Sec. 139(2), Apr. 30, 1994, 108 Stat. 397.)
References in Text
Section 202(7) of title 3, referred to in subsec. (a), was
redesignated section 202(8) of title 3 by Pub. L. 99-500 and Pub. L. 99-
591.
Amendments
1994--Subsec. (c). Pub. L. 103-236 struck out subsec. (c) which read
as follows: ``Funds may be obligated under this section only after
regulations to implement this section have been issued by the Secretary
after consultation with appropriate committees of the Congress.''
Effective Date
Section 126(e) of Pub. L. 99-93 provided that: ``The amendments made
by this section [enacting this section and amending section 4304 of this
title and section 208 of Title 3, The President] shall take effect on
October 1, 1985.''
