§ 208. — Reimbursement of State and local governments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 3USC208]
TITLE 3--THE PRESIDENT
CHAPTER 3--PROTECTION OF THE PRESIDENT; UNITED STATES SECRET SERVICE
UNIFORMED DIVISION
Sec. 208. Reimbursement of State and local governments
(a) In carrying out the functions pursuant to sections 202(8) and
202(10), the Secretary of Homeland Security may utilize, with their
consent, on a reimbursable basis, the services, personnel, equipment,
and facilities of State and local governments, and is authorized to
reimburse such State and local governments for the utilization of such
services, personnel, equipment, and facilities. The Secretary of
Homeland Security may carry out the functions pursuant to sections
202(8) and 202(10) by contract. The authority of this subsection may be
transferred by the President to the Secretary of State. In carrying out
any duty under sections 202(8) and 202(10), the Secretary of State is
authorized to utilize any authority available to the Secretary under
title II of the State Department Basic Authorities Act of 1956.
(b) There is authorized to be appropriated, in addition to such sums
as have been heretofore appropriated under this section--
(1) $10,000,000 for each fiscal year beginning after September
30, 1991, for the payment of reimbursement obligations entered into
under subsection (a) without regard to the fiscal year such
obligations were entered into, including obligations entered into
before such date; and
(2) $8,000,000 for the payment of reimbursement obligations
entered into under subsection (a) before October 1, 1991, except
that not more than $4,000,000 of this amount shall be obligated or
expended during fiscal year 1992.
Amounts appropriated under this subsection shall remain available until
expended.
(Added Pub. L. 94-196, Sec. 1(d)(1), Dec. 31, 1975, 89 Stat. 1109;
amended Pub. L. 97-418, Sec. 1(b), Jan. 4, 1983, 96 Stat. 2089; Pub. L.
99-93, title I, Sec. 126(c), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99-
399, title IV, Sec. 410, Aug. 27, 1986, 100 Stat. 866; Pub. L. 102-138,
title I, Sec. 135(a)(1), (2), (c), Oct. 28, 1991, 105 Stat. 666, 667;
Pub. L. 107-296, title XVII, Sec. 1703(a)(2), Nov. 25, 2002, 116 Stat.
2313.)
References in Text
Title II of the State Department Basic Authorities Act of 1956,
referred to in subsec. (a), is title II of act Aug. 1, 1956, ch. 841, as
added Aug. 24, 1982, Pub. L. 97-241, title II, Sec. 202(b), 96 Stat.
283, known as the Foreign Missions Act, which is classified principally
to chapter 53 (Sec. 4301 et seq.) of Title 22, Foreign Relations and
Intercourse. For complete classification of title II to the Code, see
Short Title note set out under section 4301 of Title 22 and Tables.
Prior Provisions
A prior section 208 was renumbered 209 by Pub. L. 94-196.
Amendments
2002--Subsec. (a). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Treasury'' in two places.
1991--Subsec. (a). Pub. L. 102-138, Sec. 135(c), substituted
``sections 202(8) and 202(10)'' for ``section 202(7)'' wherever
appearing.
Subsec. (b)(1). Pub. L. 102-138, Sec. 135(a)(1), substituted
``$10,000,000'' for ``$7,000,000'', ``1991'' for ``1982'', and ``without
regard to the fiscal year such obligations were entered into, including
obligations entered into before such date'' for ``after such date''.
Subsec. (b)(2). Pub. L. 102-138, Sec. 135(a)(2), substituted
``$8,000,000'' for ``$17,700,000'' and ``1991, except that not more than
$4,000,000 of this amount shall be obligated or expended during fiscal
year 1992'' for ``1982''.
1986--Subsec. (a). Pub. L. 99-399 authorized the Secretary of State,
in carrying out any duty under section 202(7), to utilize the authority
under title II of the State Department Basic Authorities Act of 1956.
1985--Subsec. (a). Pub. L. 99-93 inserted sentence authorizing the
Secretary of Treasury to carry out the functions pursuant to section
202(7) by contract.
1983--Subsec. (b). Pub. L. 97-418 substituted provisions authorizing
appropriation of $7,000,000 for each fiscal year beginning after Sept.
30, 1982, and $17,700,000 for obligations entered into before that date,
for provisions authorizing to be appropriated not more than $3,500,000
for any fiscal year.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the United States Secret Service to the Department of Homeland Security,
see section 1703(b) of Pub. L. 107-296, set out as a note under section
202 of this title.
Effective Date of 1991 Amendment
Section 135(a)(3) of Pub. L. 102-138 provided that: ``The amendments
made by this subsection [amending this section] shall take effect on
October 1, 1991.''
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-93 effective Oct. 1, 1985, see section
126(e) of Pub. L. 99-93, set out as an Effective Date note under section
4314 of Title 22, Foreign Relations and Intercourse.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97-418 effective Jan. 4, 1983, except that no
amount authorized to be appropriated by such amendment may be made
available for use or obligation prior to Oct. 1, 1982, see section 2 of
Pub. L. 97-418, set out as a note under section 202 of this title.
Effective Date
Section effective July 1, 1974, see section 1(e) of Pub. L. 94-196,
set out as an Effective Date of 1975 Amendment note under section 202 of
this title.
Ex. Ord. No. 12478. Transfer of Authority to the Secretary of State To
Make Reimbursements for Protection of Foreign Missions to International
Organizations
Ex. Ord. No. 12478, May 23, 1984, 49 F.R. 22053, provided:
By authority vested in me as President by the Constitution and
statutes of the United States of America, and in accordance with the
provisions of the Act of December 31, 1975, Public Law 94-196 (89 Stat.
1109), codified as sections 202(7) and 208(a) of Title 3, United States
Code, as amended, it is hereby ordered as follows:
Section 1. There is transferred to the Secretary of State authority
to determine the need for and to approve terms and conditions of the
provision of reimbursable extraordinary protective activities for
foreign diplomatic missions pursuant to section 202(7), and the
authority to make reimbursements to State and local governments for
services, personnel, equipment, and facilities pursuant to section
208(a) of Title 3, United States Code;
Sec. 2. There are transferred to the Secretary of State such
unexpended moneys as may have been appropriated to the Department of the
Treasury for the purpose of permitting reimbursements to be made under
the provisions of section 208(a) of Title 3, United States Code;
Sec. 3. The authority transferred pursuant to this Order shall be
exercised in coordination with protective security programs administered
by the Secretary of State under the Foreign Missions Act of 1982 [22
U.S.C. 4301 et seq.]; authority available under that Act may also be
applied to any foreign mission to which section 202(7) applies; and
Sec. 4. This Order shall be effective on October 1, 1984.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in section 209 of this title; title 22
section 4314.
