22 U.S.C. § 4314 — Extraordinary protective services

Page 1579 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4315 1 So in original. Probably should be ‘‘enforcement’’. (Aug. 1, 1956, ch. 841, title II, § 212, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title. § 4313. Severability If any provision of this chapter or the applica- tion thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected thereby. (Aug. 1, 1956, ch. 841, title II, § 213, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title. § 4314. Extraordinary protective services (a) General authority The Secretary may provide extraordinary pro- tective 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 Sec- retary may not provide under this section any protective services for which authority exists to provide such services under subsections (a)(7) and (d) of section 3056A of title 18. (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 deter- mined that a threat of violence, or other cir- cumstances, exists which requires extraordinary security measures which exceed those which local law enforcment 1 agencies can reasonably be expected to take. (c) Repealed. Pub. L. 103–236, title I, § 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 obli- gated 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 au- thority 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 agree- ments may be renewed after review by the Sec- retary. (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 appro- priation 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, § 214, as added Pub. L. 99–93, title I, § 126(a), Aug. 16, 1985, 99 Stat. 417; amended Pub. L. 103–236, title I, § 139(2), Apr. 30, 1994, 108 Stat. 397; Pub. L. 109–177, title VI, § 605(d)(3), (e)(2)(C), Mar. 9, 2006, 120 Stat. 255.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–177, § 605(e)(2)(C), sub- stituted ‘‘subsections (a)(7) and (d) of section 3056A of title 18’’ for ‘‘sections 202(7) and 208 of title 3’’. Pub. L. 109–177, § 605(d)(3), which directed amendment of section 214(a) of the State Department Basic Au- thorities Act by substituting ‘‘section 3056A(a)(7) and (d) of title 18’’ for ‘‘sections 202(8) and 208 of title 3’’, was not executed because this section, which is section 214 of the State Department Basic Authorities Act of 1956, did not contain the words ‘‘sections 202(8) and 208 of title 3’’ and because of the amendment by Pub. L. 109–177, § 605(e)(2)(C). See note above. 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 Con- gress.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–93, title I, § 126(e), Aug. 16, 1985, 99 Stat. 418, 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.’’ § 4315. Use of foreign mission in manner incom- patible with its status as foreign mission (a) Establishment of limitation on certain uses A foreign mission may not allow an unaffili- ated alien the use of any premise of that foreign mission which is inviolable under United States law (including any treaty) for any purpose which is incompatible with its status as a foreign mis- sion, including use as a residence. (b) Temporary lodging For the purposes of this section, the term ‘‘residence’’ does not include such temporary lodging as may be permitted under regulations issued by the Secretary. (c) Waiver The Secretary may waive subsection (a) with respect to all foreign missions of a country (and