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22 U.S.C. § 4855 — Cost overruns

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4855 — Cost overruns

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Source file: Laws/federal/codes/united-states-code-2024/title-22/section-4855-cost-overruns--f8fe784a7c.md
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Page 1625 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4858 1 See References in Text note below. or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. CONSTRUCTION OF UNITED STATES EMBASSY IN OTTAWA Pub. L. 101–246, title I, § 125, Feb. 16, 1990, 104 Stat. 27, provided that: ‘‘Section 402(a) of the Diplomatic Secu- rity Act (22 U.S.C. 4852(a)) shall not apply to the con- struction or renovation of the United States Embassy in Ottawa, Canada.’’ § 4853. Security requirements for contractors Not later than 90 days after August 27, 1986, the Secretary of State shall issue regulations to— (1) strengthen the security procedures appli- cable to contractors and subcontractors in- volved in any way with any diplomatic con- struction or design project; and (2) permit a contractor or subcontractor to have access to any design or blueprint relating to such a project only in accordance with those procedures. (Pub. L. 99–399, title IV, § 403, Aug. 27, 1986, 100 Stat. 865.) § 4854. Qualifications of persons hired for diplo- matic construction program In carrying out the diplomatic construction program referred to in section 4851(a) of this title, the Secretary of State shall employ as pro- fessional staff (by appointment, contract, or otherwise) only those persons with a dem- onstrated specialized background in the fields of construction, construction law, or contract management. In filling such positions, the Sec- retary shall actively recruit women and mem- bers of minority groups. (Pub. L. 99–399, title IV, § 404, Aug. 27, 1986, 100 Stat. 865.) § 4855. Cost overruns Any amount required to complete any capital project described in the Department of State’s Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year, which is in excess of the amount made available for that project pursuant to section 4851(a)(1) or (3) 1 shall be treated as a reprogram- ming of funds under section 2706 of this title and shall not be available for obligation or expendi- ture except in compliance with the procedures applicable to such reprogrammings. (Pub. L. 99–399, title IV, § 405, Aug. 27, 1986, 100 Stat. 865.) Editorial Notes REFERENCES IN TEXT Section 4851(a)(3) of this title, referred to in text, was repealed by Pub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388. § 4856. Efficiency in contracting (a) Bonuses and penalties The Director of the Office of Foreign Buildings shall provide for a contract system of bonuses and penalties for the diplomatic construction program funded pursuant to the authorizations of appropriations provided in this subchapter. Not later than 3 months after August 27, 1986, the Director shall submit a report to the Con- gress on the implementation of this section. (b) Surety bonds and guarantees The Director of the Office of Foreign Buildings shall require each person awarded a contract for work under the diplomatic construction pro- gram to post a surety bond or guarantee, in such amount as the Director may determine, to as- sure performance under such contract. (Pub. L. 99–399, title IV, § 406, Aug. 27, 1986, 100 Stat. 866; Pub. L. 109–472, § 8, Jan. 11, 2007, 120 Stat. 3556.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title IV of Pub. L. 99–399, which enacted this subchapter and amended sections 300, 2349aa–4, 3929, and 3929a of this title, former section 208 of Title 3, The President, section 5315 of Title 5, Government Organization and Employees, and sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, formerly set out in the Appendix to Title 5 (see 5 U.S.C. 402, 424). For complete classification of title IV of Pub. L. 99–399 to the Code, see Tables. AMENDMENTS 2007—Subsec. (c). Pub. L. 109–472 struck out subsec. (c). Text read as follows: ‘‘No person doing business with Libya may be eligible for any contract awarded pursuant to this Act.’’ Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 4857. Advisory Panel on Overseas Security Not later than 90 days after August 27, 1986, the Secretary of State shall submit a report to the Congress on the implementation of the 91 recommendations contained in the final report of the Advisory Panel on Overseas Security. If any such recommendation has been rejected, the Secretary shall provide the reasons why that recommendation was rejected. (Pub. L. 99–399, title IV, § 407, Aug. 27, 1986, 100 Stat. 866.) § 4858. Training to improve perimeter security at United States diplomatic missions abroad (a) Training It is the sense of Congress that the President should use the authority under chapter 8 of title II of the Foreign Assistance Act of 1961 [22 U.S.C. 2349aa et seq.] (relating to antiterrorism assistance) to improve perimeter security of United States diplomatic missions abroad.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2349aa — General authority

Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 2304 and 2371 of this title), the President is authorized to furnish, on such terms and conditions as the President may determine, assistance to foreign countries in order to enhance the ability of their law enforcement personnel to deter terrorists and terrorist groups from engaging in international terrorist acts such as bombing, kidnapping, assassination, hostage taking, and hijacking. Such assistance may include training services and the provision of equipment and other commodities related to bomb detection and disposal, management of hostage situations, physical security, and other matters relating to the detection, deterrence, and prevention of acts of terrorism, the resolution of terrorist incidents, and the apprehension of those involved in such acts.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2349aa — General authority

Page 818 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2349a 56673, as amended, set out as a note under section 2381 of this title. § 2349a. Authorization and utilization of funds (a) Authorization of appropriation There is authorized to be appropriated to the President to carry out this part not to exceed $800,000,000, which may be made available until expended. (b) Presidential authority to incur obligations and enter into contracts Upon agreement by the Government of Israel to provide to the Government of the United States funds equal to the difference between the amount required to complete the agreed con- struction work and the amount appropriated pursuant to subsection (a) of this section, and to make those funds available, in advance of the time when payments are due, in such amounts and at such times as may be required by the Government of the United States to meet those additional costs of construction, the President may incur obligations and enter into contracts to the extent necessary to complete the agreed construction work, except that this authority shall be effective only to such extent or in such amounts as are provided in advance in appro- priation Acts. (c) Crediting of funds to proper appropriation account Funds made available by the Government of Israel pursuant to subsection (b) of this section may be credited to the appropriation account es- tablished to carry out the purposes of this sec- tion for the payment of obligations incurred and for refund to the Government of Israel if they are unnecessary for that purpose, as determined by the President. Credits and the proceeds of guaranteed loans made available to the Govern- ment of Israel pursuant to the Arms Export Con- trol Act [22 U.S.C. 2751 et seq.], as well as a

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4852 — Diplomatic construction program

**(a) Preference for United States contractors** Notwithstanding [section 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section302&num=0&edition=prelim), 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, unless 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 subsection 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 Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4301&num=0&edition=prelim) et seq.; commonly 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 project, the presence of three

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4852 — Diplomatic construction program

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 b

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4855 — Cost overruns

Any amount required to complete any capital project described in the Department of State’s Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year, which is in excess of the amount made available for that project pursuant to section 4851(a)(1) or (3) 11 See References in Text note below. shall be treated as a reprogramming of funds under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2706&num=0&edition=prelim) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 402 — Establishment and purpose of Offices of Inspector General

**(a) Establishment.—** (1) **In general.—** — Subject to paragraph (2), in each of the establishments listed in [section 401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401/1&num=0&edition=prelim), there is established an Office of Inspector General. (2) **Department of the treasury.—** — In the establishment of the Department of the Treasury, there is established— (A) an Office of Inspector General of the Department of the Treasury; and (B) an Office of Treasury Inspector General for Tax Administration. **(b) Purpose.—** The offices established under subsection (a) are established in order to create independent and objective units— (1) to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in [section 401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401/1&num=0&edition=prelim); (2) to provide leadership and coordination and recommend policies for activities designed— (A) to promote economy, efficiency, and effectiveness in the administration of those programs and operations; and (B) to prevent and detect fraud and abuse in those programs and operations; and (3) to provide a means for keeping the head of the establishments and Congress fully and currently informed about problems and deficiencies relating to the administration of those programs and operations and the necessity for and progress of corrective action.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 402 — Establishment and purpose of Offices of In-

Page 33 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 403 SHORT TITLE OF 1978 ACT Pub. L. 95–452, § 1, Oct. 12, 1978, 92 Stat. 1101, provided: ‘‘That this Act [see Tables for classification] be cited as the ‘Inspector General Act of 1978’.’’ MERGER OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION AGENCY WITH OFFICE OF IN- SPECTOR GENERAL OF DEPARTMENT OF STATE; TRANSFER OF FUNCTIONS Pub. L. 104–134, title I, § 101[(a)] [title IV], Apr. 26, 1996, 110 Stat. 1321, 1321–37; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided: ‘‘That notwithstanding any other provision of law, (1) the Office of the Inspector General of the United States Information Agency is hereby merged with the Office of the Inspector General of the Department of State; (2) the functions exercised and assigned to the Office of the Inspector General of the United States Information Agency before the effective date of this Act [Apr. 26, 1996] (including all related functions) are transferred to the Office of the Inspector General of the Department of State; and (3) the Inspector General of the Depart- ment of State shall also serve as the Inspector General of the United States Information Agency.’’ [Pub. L. 104–208, div. A, title I, § 101(a) [title IV], Sept. 30, 1996, 110 Stat. 3009, 3009–47, provided in part: ‘‘That notwithstanding any other provision of law, the merger of the Office of Inspector General of the United States Information Agency with the Office of Inspector Gen- eral of the Department of State provided for in the De- partments of Commerce, Justice, and State, the Judici- ary and Related Agencies Appropriations Act, 1996, con- tained in Public Law 104–134 [set out above], is effective hereafter.’’] [For abolition of Office

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