2002 US Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4314 - Extraordinary protective services

View Metadata

§4314. 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 chapter, 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) 1 and 208 of title 3.

(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 2 agencies can reasonably be expected to take.

(c) Repealed. Pub. L. 103–236, title I, §139(2), Apr. 30, 1994, 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.

(Aug. 1, 1956, ch. 841, title II, §214, as added Pub. L. 99–93, title I, §126(a), Aug. 16, 1985, 99 Stat. 417; amended Pub. L. 103–236, title I, §139(2), Apr. 30, 1994, 108 Stat. 397.)

References in Text

Section 202(7) of title 3, referred to in subsec. (a), was redesignated section 202(8) of title 3 by Pub. L. 99–500 and Pub. L. 99–591.

Amendments

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.”

Effective Date

Section 126(e) of Pub. L. 99–93 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 October 1, 1985.”

1 See References in Text note below.

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