22 U.S.C. § 4861 — Inspector General for Department of State

Page 1626 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4859 (b) Repealed. Pub. L. 103–236, title I, § 139(20), Apr. 30, 1994, 108 Stat. 398; Pub. L. 103–415, § 1(c), Oct. 25, 1994, 108 Stat. 4299 (Pub. L. 99–399, title IV, § 408, Aug. 27, 1986, 100 Stat. 866; Pub. L. 103–236, title I, § 139(20), Apr. 30, 1994, 108 Stat. 398; Pub. L. 103–415, § 1(c), Oct. 25, 1994, 108 Stat. 4299.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of title II of that Act probably means chapter 8 of part II of that Act, which is classified generally to part VIII (§ 2349aa et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–236, as amended by Pub. L. 103–415, struck out heading and text of subsec. (b). Text read as follows: ‘‘Not later than October 1 of each year, the President shall submit a report to the Con- gress on the progress and problems of improving perim- eter security of United States diplomatic missions abroad.’’ § 4859. Protection of public entrances of United States diplomatic missions abroad The Secretary of State shall install and main- tain a walk-through metal detector or other ad- vanced screening system at public entrances of each United States diplomatic mission abroad. (Pub. L. 99–399, title IV, § 409, Aug. 27, 1986, 100 Stat. 866.) § 4860. Reimbursement of Department of the Treasury The Secretary of State shall reimburse the ap- propriate appropriations account of the Depart- ment of the Treasury out of funds appropriated pursuant to section 4851(a)(1) of this title for the actual costs incurred by the United States Se- cret Service, as agreed to by the Secretary of the Treasury, for providing protection for the spouses of foreign heads of state during fiscal years 1986 and 1987. (Pub. L. 99–399, title IV, § 411, Aug. 27, 1986, 100 Stat. 867.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4861. Inspector General for Department of State (a) Direction to establish The Congress directs the Secretary of State to proceed immediately to establish an Office of In- spector General of the Department of State not later than October 1, 1986. Not later than Janu- ary 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Af- fairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office. (b) Duties and responsibilities The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Au- thorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibil- ities, and to exercise the authorities, stated in section 3929 of this title and in chapter 4 of title 5. (c) Earmark Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading ‘‘Administration of Foreign Affairs’’, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of In- spector General of the Department of State. (d) Limitation on appointment No career member of the Foreign Service, as defined by section 3903 of this title, may be ap- pointed Inspector General of the Department of State. (Pub. L. 99–399, title IV, § 413, Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–204, title I, § 134, Dec. 22, 1987, 101 Stat. 1344; Pub. L. 117–286, § 4(b)(44), Dec. 27, 2022, 136 Stat. 4348.) Editorial Notes REFERENCES IN TEXT Section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, referred to in subsec. (b), is section 150(a) of Pub. L. 99–93, title I, Aug. 16, 1985, 99 Stat. 427, which amended sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, by adding references to the Department and Secretary of State. Subsequent to this amendment, sections 2 and 11 of the Act, which were set out in the Appendix to Title 5, Government Organization and Employees, were sig- nificantly amended, and section 11 was renumbered as section 12, prior to their repeal and restatement as sec- tions 402 and 401, respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4208, 4361. CODIFICATION Section is comprised of section 413 of Pub. L. 99–399, as amended. Subsec. (e), formerly subsec. (a)(5), of sec- tion 413 amended section 5315 of Title 5, Government Organization and Employees. A former subsec. (a)(6) of section 413, which amended section 3929 of this title, was repealed by Pub. L. 99–529, title IV, § 405, Oct. 24, 1986, 100 Stat. 3020. Another subsec. (c) of section 413 amended section 3929a of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978.’’ 1987—Pub. L. 100–204 struck out former subsec. (a) designation and heading ‘‘Inspector General of Depart- ment of State’’, redesignated former pars. (1) to (5) as subsecs. (a) to (e), respectively, and struck out former subsec. (b) which related to establishment of the Office of Policy and Program Review. See Codification note above. Page 1627 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4864 Statutory Notes and Related Subsidiaries EVALUATION OF POLICIES AND PROCEDURES OF DEPART- MENT OF STATE ON PROTECTION OF CLASSIFIED IN- FORMATION AT DEPARTMENT HEADQUARTERS Pub. L. 107–306, title VIII, § 832, Nov. 27, 2002, 116 Stat. 2431, provided that: ‘‘(a) EVALUATION REQUIRED.—Not later than Decem- ber 31 of 2002, 2003, and 2004, the Inspector General of the Department of State shall conduct an evaluation of the policies and procedures of the Department on the protection of classified information at the Head- quarters of the Department, including compliance with the directives of the Director of Central Intelligence (DCIDs) regarding the storage and handling of Sen- sitive Compartmented Information (SCI) material. ‘‘(b) ANNUAL REPORT.—Except as provided in sub- section (c), not later than February 1 of 2003, 2004, and 2005, the Inspector General shall submit to the fol- lowing committees a report on the evaluation con- ducted under subsection (a) during the preceding year: ‘‘(1) The congressional intelligence committees. ‘‘(2) The Committee on Foreign Relations of the Senate and the Committee on International Rela- tions [now Committee on Foreign Affairs] of the House of Representatives. ‘‘(c) EXCEPTION.—The date each year for the sub- mittal of a report under subsection (b) may be post- poned in accordance with section 507(d) of the National Security Act of 1947 [50 U.S.C. 3106(d)], as added by sec- tion 811 of this Act. ‘‘(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DE- FINED.—In this section, the term ‘congressional intel- ligence committees’ means— ‘‘(1) the Select Committee on Intelligence of the Senate; and ‘‘(2) the Permanent Select Committee on Intel- ligence of the House of Representatives.’’ [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.] § 4862. Prohibition on use of funds for facilities in Israel, Jerusalem, or West Bank None of the funds authorized to be appro- priated by this Act may be obligated or ex- pended for site acquisition, development, or con- struction of any facility in Israel, Jerusalem, or the West Bank. (Pub. L. 99–399, title IV, § 414, Aug. 27, 1986, 100 Stat. 868.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853, known as the Omnibus Diplomatic Security and Antiterrorism Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of this title and Tables. § 4863. Use of cleared personnel to ensure secure maintenance and repair of diplomatic facili- ties abroad (a) Policies and regulations The Secretary of State shall develop and im- plement policies and regulations to provide for the use of persons who have been granted an ap- propriate United States security clearance to ensure that the security of areas intended for the storage of classified materials or the con- duct of classified activities in a United States diplomatic mission or consular post abroad is not compromised in the performance of mainte- nance and repair services in those areas. (b) Study and report The Secretary of State shall conduct a study of the feasibility and necessity of requiring that, in the case of certain United States diplomatic facilities abroad, no contractor shall be hired to perform maintenance or repair services in an area intended for the storage of classified mate- rials or the conduct of classified activities un- less such contractor has been granted an appro- priate United States security clearance. Such study shall include, but is not limited to, United States facilities located in Cairo, New Delhi, Ri- yadh, and Tokyo. Not later than 180 days after February 16, 1990, the Secretary of State shall report the results of such study to the Chairman of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (Pub. L. 99–399, title IV, § 415, as added Pub. L. 101–246, title I, § 133(a), Feb. 16, 1990, 104 Stat. 32.) § 4864. Increased participation of United States contractors in local guard contracts abroad under diplomatic security program (a) Findings The Congress makes the following findings: (1) State Department policy concerning the advertising of security contracts at Foreign Service buildings has been inconsistent over the years. In many cases, diplomatic and con- sular posts abroad have been given the respon- sibility to determine the manner in which the private sector was notified concerning an invi- tation for bids or a request for proposals with respect to a local guard contract. Some United States foreign missions have only chosen to advertise locally the availability of a local se- curity guard contract abroad. (2) As a result, many United States security firms that provide local guard services abroad have been unaware that local guard contracts were available for bidding abroad and such firms have been disadvantaged as a result. (3) Undoubtedly, United States security firms would be interested in bidding on more local guard contracts abroad if such firms knew of the opportunity to bid on such con- tracts. (b) Objective It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplo- matic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings. (c) Participation of United States contractors in local guard contracts abroad With respect to local guard contracts for a Foreign Service building which exceed $250,000