§ 4869. Counter-intelligence training for certain Diplomatic Security special agents

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. 2025

   Omnibus Diplomatic Security and Antiterrorism Act of 1986

   Pub. L. 99–399 title IV · 100 Stat. 853

   Enacted · 22 U.S.C. § 4869

   (Pub. L. 99–399, title IV, §418, as added Pub. L. 119–60, div. E, title V, § 5504(a), Dec. 18, 2025, 139 Stat. 1600.)

   Source evidence

   Code source credit
   (Pub. L. 99–399, title IV, §418, as added Pub. L. 119–60, div. E, title V, § 5504(a), Dec. 18, 2025, 139 Stat. 1600.)

   Enacted provision · exact public law
   TITLE IV— DIPLOMATIC SECURITY PROGRAM SEC. 401. 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 carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year for “Administration 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) Antiterrorism assistance.— Section 575 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa–4) is amended by striking out “$9,840,000 for the fiscal year 1987” and inserting in lieu thereof “$14,680,000 for the fiscal year 1987”. (3) Capital construction, fiscal years 1988 through 1990.— There is authorized to be appropriated for the Department 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 security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Program. (4) Allocation of amounts authorized to be appropriated.— 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 appears 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 Requests for Appropriations.— In any fiscal year, whenever the Secretary of State submits to the Congress a request for appropriations 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, together with a justification of each item listed in such request. (c) Reprogramming Treatment.— Amounts made available for capital projects pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming. (d) Prohibition on Reallocations of Authorizations.— Section 24(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2692(d)) 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 affairs agencies. (f) Insufficiency of Funds.— In the event that sufficient funds Reports. are not available in any fiscal year for all of the diplomatic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Program, 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 Programs.— Of the amount of funds authorized to be appropriated 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 locations. (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, furnishings, and equipment that were being used in the facilities being replaced, rather than with newly acquired furniture, furnishings, and equipment. (2) Proceeds from the sale of furniture, furnishings, and equipment.— Section 9 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 300) is amended by adding at the end thereof the following new subsection: “(c) Notwithstanding subsection (b), proceeds from the disposition of furniture, furnishings, and equipment from diplomatic and consular establishments in foreign countries shall be deposited into the Foreign Service Building Fund to be available for obligation or expenditure as directed by the Secretary.”. (3) Reprogramming treatment.— Amounts made available for furniture, furnishings, and equipment pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming. SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM. (a) Preference for United States Contractors.— Notwithstanding section 11 of the Foreign Service Buildings Act, 1926, and where 22 USC 302. adequate competition exists, only United States persons and qualified United States joint venture persons may— (1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $5,000,000; and (2) bid on a diplomatic construction or design project which involves physical or technical security. (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 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 two or more qualified bidders submitting responsive bids for that project; (2) the term “United States person” means a person which— (A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws; (B) has its principal place of business in the United States; (C) has been incorporated or legally organized in the United States— (i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and (ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection (a)(2); (D) has performed within the United States administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid; (E) with respect to a construction project under subsection (a)(1), has achieved total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C)(i); (F) (i) employs United States citizens in at least 80 percent of its principal management positions in the United States, (ii) employs United States citizens in more than half of its permanent, full-time positions in the United States, and (iii) will employ United States citizens in at least 80 percent of the supervisory positions on the foreign buildings office project site; and (G) has the existing technical and financial resources in the United States to perform the contract; and (3) the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture. (d) American Minority Contractors.— Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors. (e) American Small Business Contractors.— Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors. (f) Limitation on Subcontracting.— With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project. SEC. 403. SECURITY REQUIREMENTS FOR CONTRACTORS. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall issue regulations to— (1) strengthen the security procedures applicable to contractors and subcontractors involved in any way with any diplomatic construction 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. SEC. 404. QUALIFICATIONS OF PERSONS HIRED FOR THE DIPLOMATIC CONSTRUCTION PROGRAM. In carrying out the diplomatic construction program referred to in section 401(a), the Secretary of State shall employ as professional staff (by appointment, contract, or otherwise) only those persons with a demonstrated specialized background in the fields of construction, construction law, or contract management. In filling such positions, the Secretary shall actively recruit women and members of minority groups. SEC. 405. 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 401(a) (1) or (3) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. SEC. 406. 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 title. Not later Reports. than 3 months after the date of enactment of this Act, the Director shall submit a report to the Congress 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 program to post a surety bond or guarantee, in such amount as the Director may determine, to assure performance under such contract. (c) Disqualification of Contractors.— No person doing business Libya. with Libya may be eligible for any contract awarded pursuant to this Act. SEC. 407. ADVISORY PANEL ON OVERSEAS SECURITY. Not later than 90 days after the date of enactment of this Act, 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. SEC. 408. 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 (relating to antiterrorism assistance) to 22 USC 2349aa. improve perimeter security of United States diplomatic missions abroad. (b) Reports.— Not later than October 1 of each year, the President President of U.S. shall submit a report to the Congress on the progress and problems of improving perimeter security of United States diplomatic missions abroad. SEC. 409. PROTECTION OF PUBLIC ENTRANCES OF UNITED STATES DIPLOMATIC MISSIONS ABROAD. The Secretary of State shall install and maintain a walk-through metal detector or other advanced screening system at public entrances of each United States diplomatic mission abroad. SEC. 410. CERTAIN PROTECTIVE FUNCTIONS. Section 208(a) of title 3, United States Code, is amended by adding at the end thereof the following: “In carrying out any duty under section 202(7), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.”. 22 USC 4301. SEC. 411. REIMBURSEMENT OF THE DEPARTMENT OF THE TREASURY. The Secretary of State shall reimburse the appropriate appropriations account of the Department of the Treasury out of funds appropriated pursuant to section 401(a)(1) for the actual costs incurred by the United States Secret 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. SEC. 412. INSPECTOR GENERAL FOR THE UNITED STATES INFORMATION AGENCY. (a) Establishment.— (1) Appointment and removal.— Section 2(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “the United States Information Agency,” immediately before “the Veterans’ Administration”. (2) Definitions.— Section 11 of such Act (5 U.S.C. App.) is amended— (A) in paragraph (1) by inserting “or the Director of the United States Information Agency” immediately before “as the case may be”; and (B) in paragraph (2) by inserting “the United States Information Agency” immediately before “or the Veterans’ Administration”. (b) Earmark.— Of the funds authorized to be appropriated to the United States Information Agency for the fiscal year 1987, not less than $3,000,000 shall be available only for the operation of the office of the Inspector General established by the amendment made by subsection (a). (c) Position at Level IV of the Executive Schedule.— Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: “Inspector General, United States Information Agency.” SEC. 413. INSPECTOR GENERAL FOR THE DEPARTMENT OF STATE. (a) Inspector General of the Department of State.— (1) Direction to establish.— The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary Reports. of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 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. (2) 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 Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all 99 Stat. 427. duties and responsibilities, and to exercise the authorities, stated in section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) and in the Inspector General Act of 1978. 5 USC app. (3) 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 Inspector General of the Department of State. (4) Limitation on appointment— No career member of the Foreign Service, as defined by section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903), may be appointed Inspector General of the Department of State. (5) Position at level iv of the executive schedule— Section 5315 of title 5, United States Code (as amended by section 412), is amended by adding at the end thereof the following: “Inspector General, Department of State.”. (6) Conforming amendment— The last sentence of section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) is hereby repealed. (b) Office of Policy and Program Review— (1) Establishment— The Secretary of State shall establish an office to be known as the Office of Policy and Program Review (hereafter in this section referred to as the “Office”). (2) Director— (A) The Office shall be headed by a director, appointed by the Secretary of State, who shall report to and be under the general supervision of the Secretary of State. The director shall be appointed without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their knowledge and experience in the conduct of foreign affairs. (B) The director shall review activities and operations performed under the direction, coordination, and supervision of chiefs of mission (provided in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) for the purpose of ascertaining their consonance with the foreign policy of the United States and their consistency with the responsibilities of the Secretary of State and the chief of mission. This authority shall not preclude the Inspector General of the Department of State from carrying out any function of section 209(g) of the Foreign Service Act of 1980 (22 U.S.C. 3929(g)). (3) Funding for the office— Of the amounts authorized to be appropriated for “Administration of Foreign Affairs” for fiscal year 1987, not more than $4,000,000 shall be available for the purpose of establishing and maintaining the Office. (4) Inspection by office of inspector general— The Office shall be subject to inspection by the Inspector General of the Department of State. (c) Abolishment of the Inspector General of the Department of State and the Foreign Service— Section 150(b) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 3929a), is amended to read as follows: “(b) Abolishment of the Inspector General of the Department of State and the Foreign Service— Notwithstanding section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929), the Inspector General of the Department of State and the Foreign Service is hereby abolished.”. SEC. 414. PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, JERUSALEM, OR THE WEST BANK. None of the funds authorized to be appropriated by this Act may be obligated or expended for site acquisition, development, or construction of any facility in Israel, Jerusalem, or the West Bank.

0 of 1 references resolved to an enrolled provision · 1 partial