§ 4851. — Authorization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4851]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 58--DIPLOMATIC SECURITY
SUBCHAPTER IV--DIPLOMATIC SECURITY PROGRAM
Sec. 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(3) Repealed.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, Sec. 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) of this section, 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(c) Repealed.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, Sec. 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) of this section, $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) of this section 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, Sec. 122(b), Apr.
30, 1994, 108 Stat. 392
(Pub. L. 99-399, title IV, Sec. 401, Aug. 27, 1986, 100 Stat. 862; Pub.
L. 100-204, title I, Sec. 101(c), Dec. 22, 1987, 101 Stat. 1336; Pub. L.
103-236, title I, Secs. 101(c), 122(b), Apr. 30, 1994, 108 Stat. 388,
392.)
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, Sec. 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, Sec. 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, Sec. 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.
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
Section 101(c) of Pub. L. 103-236 provided that the amendment made
by that section is effective Oct. 1, 1995.
Construction Security Certification
Section 160 of Pub. L. 100-204, as amended by Pub. L. 101-246, title
I, Sec. 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 [now Committee on International Relations] 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 [now Committee on
International Relations] 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.''
Report to Congress on Obligation of Funds
Pub. L. 100-459, title III, Sec. 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, Sec. 101(a) [title III, Sec. 302], Dec. 22, 1987,
101 Stat. 1329, 1329-23.
Pub. L. 99-500, Sec. 101(b) [title III, Sec. 302], Oct. 18, 1986,
100 Stat. 1783-39, 1783-60, and Pub. L. 99-591, Sec. 101(b) [title III,
Sec. 302], Oct. 30, 1986, 100 Stat. 3341-39, 3341-60.
Section Referred to in Other Sections
This section is referred to in sections 4852, 4854, 4855, 4860 of
this title.
