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Title 22 — Foreign Relations and Intercourse

Chapter 53 — Authorities Relating to the Regulation of Foreign Missions

§ 4314. Extraordinary protective services

Statutory text

(a)

General authority

The Secretary may provide extraordinary protective 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 Secretary 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 determined that a threat of violence, or other circumstances, 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Repealed.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), , 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 obligated 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 authority

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 agreements may be renewed after review by the Secretary.

(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 appropriation Acts.

(g)

Working capital fund

Amounts used to carry out this section shall not be subject to section 4308(h) of this title.

Footnotes

  1. 1 So in original. Probably should be “enforcement”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

    Pub. L. 99–93 title I § 126(a) · 99 Stat. 405

    Enacted · 22 U.S.C. § 4314

    Aug. 1, 1956, ch. 841, title II, § 214, as added Pub. L. 99–93, title I, § 126(a), Aug. 16, 1985, 99 Stat. 417

    Source evidence

    Code source credit
    Aug. 1, 1956, ch. 841, title II, § 214, as added Pub. L. 99–93, title I, § 126(a), Aug. 16, 1985, 99 Stat. 417

    Enacted provision · exact public law section
    (a) Permanent Authorization.— Title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) is amended by adding at the end thereof the following: “SEC. 214. EXTRAORDINARY PROTECTIVE SERVICES. “(a) General Authority.— The Secretary may provide extraordinary protective 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 title, except that the Secretary may not provide under this section any protective services for which authority exists to provide such services under sections 202(7) and 208 of title 3, United States Code. “(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 determined that a threat of violence, or other circumstances, exists which requires extraordinary security measures which exceed those which local law enforcment agencies can reasonably be expected to take. “(c) Consultation With Congress Before Obligation of Funds.— 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 Congress. “(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 obligated 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 Authority.— 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 agreements may be renewed after review by the Secretary. “(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 appropriation Acts. “(g) Working Capital Fund.— Amounts used to carry out this 22 USC 4308. section shall not be subject to section 208(h).”.

  2. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 title I § 139(2) · 108 Stat. 382

    Struck · 22 U.S.C. § 4314(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 Congress.”

    Source evidence

    Code amendment note
    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 Congress.”

    Enacted provision · exact public law section
    (2) Section 214(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314), relating to extraordinary protective services to foreign missions.

  3. Secret Service Authorization and Technical Modification Act of 2005

    Pub. L. 109–177 § 605(e)(2)(C) · 120 Stat. 192

    Substituted · 22 U.S.C. § 4314(a)

    Pub. L. 109–177, § 605(e)(2)(C), substituted “subsections (a)(7) and (d) of section 3056A of title 18” for “sections 202(7) and 208 of title 3”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–177, § 605(e)(2)(C), substituted “subsections (a)(7) and (d) of section 3056A of title 18” for “sections 202(7) and 208 of title 3”.

    Enacted provision · exact public law section
    (C) in section 214(a) (22 U.S.C. 4314(a)), by striking “sections 202(7) and 208 of title 3, United States Code” and inserting “subsections (a)(7) and (d) of section 3056A of title 18, United States Code”.

  4. Secret Service Authorization and Technical Modification Act of 2005

    Pub. L. 109–177 § 605(d)(3) · 120 Stat. 192

    Substituted · 22 U.S.C. § 4314(a)

    Pub. L. 109–177, § 605(d)(3), which directed amendment of section 214(a) of the State Department Basic Authorities 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–177, § 605(d)(3), which directed amendment of section 214(a) of the State Department Basic Authorities 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.

    Enacted provision · exact public law section
    (3) Section 214(a) of the State Department Basic Authorities Act 22 USC 4314. (sec. 6–1313(a), D.C. Official Code) is amended by striking “sections 202(8) and 208 of title 3” and inserting “section 3056A(a)(7) and (d) of title 18”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1994–2006 · 2 rounds

2006

Subsec. (a). Pub. L. 109–177, § 605(e)(2)(C), substituted “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 Authorities 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 Congress.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–93, title I, § 126(e), , 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 .”

Credits

1956–2006 · 3 acts
  1. 1956Aug. 1, 1956, ch. 841, title II, § 214, as added Pub. L. 99–93, title I, § 126(a), , 99 Stat. 417
  2. 1994amended Pub. L. 103–236, title I, § 139(2), , 108 Stat. 397
  3. 2006Pub. L. 109–177, title VI, § 605(d)(3), (e)(2)(C), , 120 Stat. 255.
Show as published

(Aug. 1, 1956, ch. 841, title II, § 214, as added Pub. L. 99–93, title I, § 126(a), , 99 Stat. 417; amended Pub. L. 103–236, title I, § 139(2), , 108 Stat. 397; Pub. L. 109–177, title VI, § 605(d)(3), (e)(2)(C), , 120 Stat. 255.)

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