22 U.S.C. § 4851 — Authorization

Page 1621 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4851 (D) the impact of intelligence and informa- tion availability, and whether the mission was aware of the general operating threat environment or any more specific threat in- telligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report (1) Submission to Secretary of State Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 4833(b) of this title, the Security Re- view Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress Not later than 90 days after receiving the re- port pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to— (A) the Committee on Foreign Relations of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Permanent Select Committee on Intelligence of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (c) Personnel recommendations If in the course of conducting an investigation under section 4833 of this title, the investigative team finds reasonable cause to believe any indi- vidual described in section 4833(a)(2)(D) of this title has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the Secu- rity Review Committee. If the Security Review Committee finds reasonable cause to support the determination, it shall be reported to the Sec- retary for appropriate action. (Pub. L. 99–399, title III, § 304, Aug. 27, 1986, 100 Stat. 861; Pub. L. 100–204, title I, § 156(b), Dec. 22, 1987, 101 Stat. 1354; Pub. L. 114–323, title I, § 104(a), Dec. 16, 2016, 130 Stat. 1909; Pub. L. 117–263, div. I, title XCIII, § 9302(g), Dec. 23, 2022, 136 Stat. 3887.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to findings and rec- ommendations by an Accountability Review Board. 2016—Subsec. (c). Pub. L. 114–323, § 104(a)(3), in con- cluding provisions, substituted ‘‘has engaged in mis- conduct or unsatisfactorily performed the duties of em- ployment of that individual as described in this sub- section’’ for ‘‘has breached a duty of that individual’’ and struck out ‘‘to the performance of the duties of that individual’’ after ‘‘pertinent’’. Pub. L. 114–323, § 104(a)(1), in introductory provisions, substituted ‘‘If’’ for ‘‘Whenever’’ and ‘‘has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contrib- uted to the serious injury, loss of life, or significant de- struction of property, or the serious breach of security that is the subject of the Board’s examination as de- scribed in subsection (a)’’ for ‘‘has breached the duty of that individual’’. Subsec. (c)(2). Pub. L. 114–323, § 104(a)(2), substituted ‘‘findings’’ for ‘‘finding’’ in two places. 1987—Subsec. (a). Pub. L. 100–204 inserted ‘‘or sur- rounding the serious breach of security involving intel- ligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)’’ after first reference to ‘‘mission abroad’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–323, title I, § 104(b), Dec. 16, 2016, 130 Stat. 1910, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to any Accountability Review Board that is con- vened under section 301 of the Diplomatic Security Act (22 U.S.C. 4831) on or after the date of the enactment of this Act [Dec. 16, 2016].’’ § 4835. Relation to other proceedings (a) No effect on existing remedies or defenses Nothing in this subchapter shall be construed to create administrative or judicial review rem- edies or rights of action not otherwise available by law, nor shall any provision of this sub- chapter be construed to deprive any person of any right or legal defense which would other- wise be available to that person under any law, rule, or regulation. (b) Future inquiries Nothing in this subchapter may be construed to preclude the Secretary of State from con- vening a follow-up public board of inquiry to in- vestigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to under- stand and investigate the incident. All materials gathered during the procedures provided under this subchapter shall be provided to any related board of inquiry convened by the Secretary. (Pub. L. 99–399, title III, § 305, Aug. 27, 1986, 100 Stat. 862; Pub. L. 117–263, div. I, title XCIII, § 9302(h), Dec. 23, 2022, 136 Stat. 3888.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). SUBCHAPTER IV—DIPLOMATIC SECURITY PROGRAM § 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 Page 1622 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4851 carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplo- matic Security Program, as justified to the Congress for the respective fiscal year for ‘‘Ad- ministration 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, § 101(c), Apr. 30, 1994, 108 Stat. 388 (4) Allocation of amounts authorized to be ap- propriated 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 ap- pears 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 re- quests for appropriations In any fiscal year, whenever the Secretary of State submits to the Congress a request for ap- propriations to carry out the program described in subsection (a), 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, to- gether with a justification of each item listed in such request. (c) Repealed. Pub. L. 103–236, title I, § 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 af- fairs agencies. (f) Insufficiency of funds In the event that sufficient funds are not available in any fiscal year for all of the diplo- matic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Pro- gram, 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 pro- grams Of the amount of funds authorized to be appro- priated by subsection (a)(1)(A), $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 loca- tions. (h) Furniture, furnishings, and equipment (1) Use of existing furniture, furnishings, and equipment If physically possible, facilities constructed or acquired pursuant to subsection (a) shall be furnished and equipped with the furniture, fur- nishings, 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, § 122(b), Apr. 30, 1994, 108 Stat. 392 (Pub. L. 99–399, title IV, § 401, Aug. 27, 1986, 100 Stat. 862; Pub. L. 100–204, title I, § 101(c), Dec. 22, 1987, 101 Stat. 1336; Pub. L. 103–236, title I, §§ 101(c), 122(b), Apr. 30, 1994, 108 Stat. 388, 392.) Editorial Notes 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 Diplo- matic 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 Explana- tory Statement of the Committee of Conference to ac- company 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, § 101(c), struck out heading and text of par. (3). Text read as follows: ‘‘There is authorized to be appropriated for the Depart- ment 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 secu- rity 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, § 122(b), struck out head- ing 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 re- programming 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, § 122(b), struck out heading and text of par. (3). Text read as follows: ‘‘Amounts made available for furniture, furnishings, Page 1623 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4852 and equipment pursuant to subsection (a) of this sec- tion 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 appropria- tions are made. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388, provided that the amendment made by that section is effective Oct. 1, 1995. EMBASSY SECURITY REQUESTS AND DEFICIENCIES Pub. L. 117–81, div. E, title LII, § 5209, Dec. 27, 2021, 135 Stat. 2357, provided that: ‘‘The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Rep- resentatives, and the Committee on Armed Services of the Senate upon request information on physical secu- rity deficiencies at United States diplomatic posts, in- cluding relating to the following: ‘‘(1) Requests made over the previous year by United States diplomatic posts for security upgrades. ‘‘(2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate com- pound.’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 5209 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.] CONSTRUCTION SECURITY CERTIFICATION Pub. L. 100–204, title I, § 160, Dec. 22, 1987, 101 Stat. 1356, as amended by Pub. L. 101–246, title I, § 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 oc- cupancy 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 con- sultation with the Director of Central Intelligence, shall certify to the Committee on Foreign Affairs 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 incor- porates— ‘‘(A) adequate measures for protecting classified information and national security-related activi- ties; and ‘‘(B) adequate protection for the personnel work- ing 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 nec- essary to ensure secure operations, including any per- sonnel requirements for such purposes. ‘‘(b) AVAILABILITY OF DOCUMENTATION.—All docu- mentation 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 of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate. ‘‘(c) DIRECTOR OF CENTRAL INTELLIGENCE.—The Direc- tor of Central Intelligence shall provide to the Sec- retary of State such assistance with respect to the im- plementation of this section as the Secretary of State may request. ‘‘(d) DISSENTING VIEWS.—If the Director of Central In- telligence disagrees with the Secretary of State with respect to any project certification made pursuant to subsection (a), the Director shall submit in writing dis- agreeing views to the Secretary of State.’’ [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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. 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.] REPORT TO CONGRESS ON OBLIGATION OF FUNDS Pub. L. 100–459, title III, § 302, Oct. 1, 1988, 102 Stat. 2207, provided that: ‘‘The Secretary of State shall re- port 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, § 101(a) [title III, § 302], Dec. 22, 1987, 101 Stat. 1329, 1329–23. Pub. L. 99–500, § 101(b) [title III, § 302], Oct. 18, 1986, 100 Stat. 1783–39, 1783–60, and Pub. L. 99–591, § 101(b) [title III, § 302], Oct. 30, 1986, 100 Stat. 3341–39, 3341–60. § 4852. Diplomatic construction program (a) Preference for United States contractors Notwithstanding section 302 of this title, and where adequate competition exists, only United States persons and qualified United States joint venture persons may be awarded— (1) a diplomatic construction or design project which has an estimated total project value exceeding $25,000,000; and (2) a diplomatic construction or design project which involves technical security, un- less the project involves low-level technology, as determined by the Secretary of State. (b) Exception Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this sub- section shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Com- mittee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign coun- try to permit the use of United States contrac- tors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Au- thorities Act of 1956 (22 U.S.C. 4301 et seq.; com- monly referred to as the ‘‘Foreign Missions Act’’). (c) Definitions For the purposes of this section— (1) the term ‘‘adequate competition’’ means with respect to a construction or design