1. U.S. Code
  2. title 22
  3. chapter 58
  4. subchapter IV
  5. § 4852

Collapse to view only § 4852. Diplomatic construction program

§ 4851. 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) Omitted
(3) Repealed. Pub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388
(4) Allocation of amounts authorized to be appropriated
(b) Notification to authorizing Committees of requests for appropriations
(c) Repealed. Pub. L. 103–236, title I, § 122(b), Apr. 30, 1994, 108 Stat. 392
(d) Prohibition on reallocations of authorizations
(e) Security requirements of other foreign affairs agencies
(f) Insufficiency of funds
(g) Allocation of funds for certain security programs
(h) Furniture, furnishings, and equipment
(1) Use of existing furniture, furnishings, and equipment
(2) Omitted
(3) Repealed. Pub. L. 103–236, title I, § 122(b), Apr. 30, 1994, 108 Stat. 392
(Pub. L. 99–399, title IV, § 401, Aug. 27, 1986, 100 Stat. 862; Pub. L. 100–204, title I, § 101(c), Dec. 22, 1987, 101 Stat. 1336; Pub. L. 103–236, title I, §§ 101(c), 122(b), Apr. 30, 1994, 108 Stat. 388, 392.)

CITE AS: 22 USC 4851

§ 4852. Diplomatic construction program
(a) Preference for United States contractorsNotwithstanding section 302 of this title, and where 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 $10,000,000; and
(2) bid on 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
(c) DefinitionsFor 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 or at a United States diplomatic or consular establishment abroad 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 cumulatively over 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
(e) American small business contractors
(f) Limitation on subcontracting
(Pub. L. 99–399, title IV, § 402, Aug. 27, 1986, 100 Stat. 864; Pub. L. 101–246, title I, § 132, Feb. 16, 1990, 104 Stat. 32; Pub. L. 102–138, title I, § 131, Oct. 28, 1991, 105 Stat. 662; Pub. L. 103–236, title I, § 162(g)(10), Apr. 30, 1994, 108 Stat. 407; Pub. L. 107–228, div. A, title II, § 206(b), Sept. 30, 2002, 116 Stat. 1364; Pub. L. 117–81, div. E, title LII, § 5208, Dec. 27, 2021, 135 Stat. 2357.)

CITE AS: 22 USC 4852

§ 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 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.
(Pub. L. 99–399, title IV, § 403, Aug. 27, 1986, 100 Stat. 865.)

CITE AS: 22 USC 4853

§ 4854. Qualifications of persons hired for diplomatic 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 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.

(Pub. L. 99–399, title IV, § 404, Aug. 27, 1986, 100 Stat. 865.)

CITE AS: 22 USC 4854

§ 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

1 See References in Text note below.
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 reprogrammings.

(Pub. L. 99–399, title IV, § 405, Aug. 27, 1986, 100 Stat. 865.)

CITE AS: 22 USC 4855

§ 4856. Efficiency in contracting
(a) Bonuses and penalties
(b) Surety bonds and guarantees
(Pub. L. 99–399, title IV, § 406, Aug. 27, 1986, 100 Stat. 866; Pub. L. 109–472, § 8, Jan. 11, 2007, 120 Stat. 3556.)

CITE AS: 22 USC 4856

§ 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.)

CITE AS: 22 USC 4857

§ 4858. Training to improve perimeter security at United States diplomatic missions abroad
(a) Training
(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.)

CITE AS: 22 USC 4858

§ 4859. 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.

(Pub. L. 99–399, title IV, § 409, Aug. 27, 1986, 100 Stat. 866.)

CITE AS: 22 USC 4859

§ 4860. Reimbursement of 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 4851(a)(1) of this title 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.

(Pub. L. 99–399, title IV, § 411, Aug. 27, 1986, 100 Stat. 867.)

CITE AS: 22 USC 4860

§ 4861. Inspector General for Department of State
(a) Direction to establish
(b) Duties and responsibilities
(c) Earmark
(d) Limitation on appointment
(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.)

CITE AS: 22 USC 4861

§ 4862. Prohibition on use of funds for facilities in Israel, Jerusalem, or 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.

(Pub. L. 99–399, title IV, § 414, Aug. 27, 1986, 100 Stat. 868.)

CITE AS: 22 USC 4862

§ 4863. Use of cleared personnel to ensure secure maintenance and repair of diplomatic facilities abroad
(a) Policies and regulations
(b) Study and report
(Pub. L. 99–399, title IV, § 415, as added Pub. L. 101–246, title I, § 133(a), Feb. 16, 1990, 104 Stat. 32.)

CITE AS: 22 USC 4863

§ 4864. Increased participation of United States contractors in local guard contracts abroad under diplomatic security program
(a) FindingsThe 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 consular posts abroad have been given the responsibility to determine the manner in which the private sector was notified concerning an invitation 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 security 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 contracts.
(b) Objective
(c) Participation of United States contractors in local guard contracts abroadWith respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after February 16, 1990, the Secretary of State shall—
(1) establish procedures to ensure that all solicitations for such contracts are adequately advertised in the Commerce and Business Daily;
(2) absent compelling reasons, award such contracts through the competitive process;
(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest evaluated price, except that proposals of United States persons and qualified United States joint venture persons (as defined in subsection (d)) shall be evaluated by reducing the bid price by 10 percent;
(4) in countries where contract denomination and/or payment in local currencies constitutes a barrier to competition by United States firms—
(A) allow solicitations to be bid in United States dollars; and
(B) allow contracts awarded to United States firms to be paid in United States dollars;
(5) ensure that United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits; and
(6) establish procedures to ensure that appropriate measures are taken by diplomatic and consular post management to assure that United States persons and qualified United States joint venture persons are not disadvantaged during the solicitation and bid evaluation process.
(d) DefinitionsFor the purposes of this section—
(1) the term “United States person” means a person which—
(A) is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United States for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c);
(D) has performed within the United States or overseas security services similar in complexity to the contract being bid;
(E) with respect to the contract under subsection (c), has achieved a 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);
(F)
(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; and
(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and
(G) has the existing technical and financial resources in the United States to perform the contract;
(2) 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;
(3) the term “Foreign Service building” means any building or grounds of the United States which is in a foreign country and is under the jurisdiction and control of the Secretary of State, including residences of United States personnel assigned overseas under the authority of the Ambassador; and
(4) the term “barrier to local competition” means—
(A) conditions of extreme currency volatility;
(B) restrictions on repatriation of profits;
(C) multiple exchange rates which significantly disadvantage United States firms;
(D) government restrictions inhibiting the free convertibility of foreign exchange; or
(E) conditions of extreme local political instability.
(e) United States minority contractors
(f) United States small business contractors
(g) Limitation of subcontracting
(h) Award of local guard and protective service contracts
(Pub. L. 101–246, title I, § 136, Feb. 16, 1990, 104 Stat. 33; Pub. L. 103–236, title I, § 141, Apr. 30, 1994, 108 Stat. 401; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2210, Oct. 21, 1998, 112 Stat. 2681–811; Pub. L. 114–323, title I, § 112, Dec. 16, 2016, 130 Stat. 1910.)

CITE AS: 22 USC 4864

§ 4865. Security requirements for United States diplomatic facilities
(a) In general
The following security requirements shall apply with respect to United States diplomatic facilities and specified personnel:
(1) Threat assessment
(A) Emergency Action Plan
(B) Security Environment Threat List
(2) Site selection
(A) In general
(B) Waiver authority
(i) In general
(ii) Chancery or consulate building
(iii) Report to Congress
(3) Perimeter distance
(A) Requirement
(i) In general
Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall—
(I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or(II) fulfill the criteria described in clause (ii).
(ii) Alternative engineering equivalency standard requirement
(B) Waiver authority
(i) In general
(ii) Chancery or consulate building
(iii) Report to Congress
(4) Crisis management training
(A) Training of headquarters staff
(B) Training of personnel abroad
(5) Diplomatic security training
Not later than six months after November 29, 1999, the Secretary of State shall—
(A) develop annual physical fitness standards for all diplomatic security agents to ensure that the agents are prepared to carry out all of their official responsibilities; and
(B) provide for an independent evaluation by an outside entity of the overall adequacy of current new agent, in-service, and management training programs to prepare agents to carry out the full scope of diplomatic security responsibilities, including preventing attacks on United States personnel and facilities.
(6) State Department support
(A) Foreign Emergency Support Team
The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including—
(i) conducting routine training exercises of the FEST;
(ii) providing personnel identified to serve on the FEST as a collateral duty;
(iii) providing personnel to assist in activities such as security, medical relief, public affairs, engineering, and building safety; and
(iv) providing such additional support as may be necessary to enable the FEST to provide support in a post-crisis environment involving mass casualties and physical damage.
(B) FEST aircraft
(i) Replacement aircraft
(ii) Report
(iii) Authority to lease aircraft to respond to a terrorist attack abroad
(7) Rapid response procedures
(8) Storage of emergency equipment and records
(b) Statutory construction
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 606], Nov. 29, 1999, 113 Stat. 1536, 1501A–454; Pub. L. 114–323, title I, § 102, Dec. 16, 2016, 130 Stat. 1909; Pub. L. 117–263, div. I, title XCIII, § 9301(e)(2), Dec. 23, 2022, 136 Stat. 3881.)

CITE AS: 22 USC 4865

§ 4866. Security training for personnel assigned to a high risk, high threat post
(a) In general
(b) Security training describedSecurity training referred to in subsection (a)—
(1) is training to improve basic knowledge and skills; and
(2) may include—
(A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack;
(B) conducting surveillance detection;
(C) providing emergency medical care;
(D) ability to detect the presence of improvised explosive devices;
(E) minimal firearms familiarization; and
(F) defensive driving maneuvers.
(c) Effective date
(d) DefinitionsIn this section and section 4867 of this title:
(1) Complex attack
(2) High risk, high threat post
(Pub. L. 99–399, title IV, § 416, as added Pub. L. 114–323, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1913.)

CITE AS: 22 USC 4866

§ 4867. Security management training for officials assigned to a high risk, high threat post
(a) In general
(b) Security training described
Security training referred to in subsection (a) may include—
(1) development of skills to better evaluate threats;
(2) effective use of security resources to mitigate such threats; and
(3) improved familiarity of available security resources.
(c) Officials described
Officials referred to in subsection (a) are the following:
(1) Members of the Senior Foreign Service appointed under section 3942(a)(1) or 3943 of this title or members of the Senior Executive Service (as such term is described in section 3132(a)(2) of title 5).
(2) Foreign Service officers appointed under section 3942(a)(1) of this title holding a position in classes FS–1 or FS–2.
(3) Foreign Service Specialists appointed by the Secretary under section 3943 of this title holding a position in classes FS–1 or FS–2.
(4) Individuals holding a position in grades GS–14 or GS–15.
(5) Personal services contractors and other contractors serving in positions or capacities similar to the officials described in paragraphs (1) through (4).
(d) Effective date
(Pub. L. 99–399, title IV, § 417, as added Pub. L. 114–323, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1913.)

CITE AS: 22 USC 4867

§ 4868. Assignment of personnel at high risk, high threat posts
The Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts (as such term is defined in section 4803 of this title) in order to—
(1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located; and
(2) ensure that necessary security procedures are implemented.
(Pub. L. 114–323, title I, § 117, Dec. 16, 2016, 130 Stat. 1912.)

CITE AS: 22 USC 4868