PRESIDENTIAL GUIDELINES FOR IMPLEMENTATION OF THE FOREIGN MISSIONS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00551R001200640007-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 33
• Document Creation Date: December 23, 2016
• Document Release Date: April 21, 2014
• Sequence Number: 7
• Publication Date: April 6, 1988
• Content Type: MEMO

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SUSPENSE
9 May 88
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Remarks To # 10: For coordination and
please have comments/concurrence trans
prepared for DCI signature by 9 May 88.
Execute Secretary
7. Apr 88
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ER 1437X-88
2?
L11 r
No 90103
COPY Draft
NATIONAL SECURITY
COUNCIL
INFORMATION
Notice
The attached document contains classified National Security Council
Information. It is to be read and discussed only by persons authorized by
law.
Your signature acknowledges you are such a person and you promise you
will show or discuss information contained in the document only with
persons who are authorized by law to have access to this document.
Persons handling this document acknowledge he or she knows and
understands the security law relating thereto and will cooperate fully with
any. lawful investigation by the United States Government into any
unauthorized disclosure of classified information contained herein.
Access List
OS APR 1988
It STAffir
DATE NAME DATE NAME
/MAI .4177`:'-'77' AMIRI ARM" Asgpow .
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UNCLASSIFIED WITH Or.)4aluc CleI SYSTEM II
SECRET ATTACHMENT 90103
NATIONALSECURTYCOUNCL
WASHINGTON. D.C. 20506
April 6, 1988
MEMORANDUM FOR MR. MELVYN LEVITSKY
Executive Secretary
Department of State
COL WILLIAM M. MATZ
Executive Secretary
Department of Defense
MR. H. LAWRENCE SANDALL
Executive Secretary
Central Intelligence Agency
MR. JAMES H. ?GEER
Assistant Director to the
Intelligence Division
Federal Bureau of Investigation
MR. LOUIS J. BONANNI
Chief of Staff
National Security Agency
COL GEORGE SOUZA II
Executive to the Director
Defense Intelligence Agency
ER 1437X-88
SUBJECT: Presidential Guidelines for Implementation of the
Foreign Missions Act
Title 22, U.S.C. ?? 4301, established the Office of Foreign
Missions in August 1982. Under Section 4312 of this Act, "the
authorities granted to the Secretary of State shall be exercised
in accordance with procedures and guidelines approved by the
President." A proposed draft was forwarded to the President by
the Office of Foreign Missions in February 1984 for action.
Attached at Tab A for your comment and concurrence is a draft
NSDD, which establishes Presidential guidelines for the implemen-
tation of the Foreign Mission Act. The draft NSDD was prepared
by the Department of Justice and the Office of Intelligence
Policy and Review, in coordination with the Office of Foreign
Missions, Department of State.
If you desire more information or a fuller discussion of the
proposed NSDD, we are prepared to provide you special briefings
or background papers. A copy of 22 U.S.C.-?? 4301-4314, estab-
lishing the Office of Foreign Missions, is attached as Tab B.
UNCLASSIFIED WITH
SECRET ATTACHMENT
Declassify on: OADR
S E ET
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UNCLASSIFIED WITH - 2 -
SECRET ATTACHMENT
Your comments and concurrences by May 9, 1988, would be
appreciated. Upon receipt of your comments, you will be advised
as to any proposed changes in the draft, and, if necessary, a
meeting will be scheduled to discuss those changes.
4ekitOtioe
Paul Schott Stevens
Executive Secretary
Attachments
Tab A Draft NSDD
Tab B Copy of 22 U.S.C. ?? 4301-4314
CC:
Mr. Mark R. Levin
Chief of Staff
Department of Justice
UNCLASSIFIED WITH
SECRET ATTACHMENT
SECRET
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* FOREIGN RELATIONS
22 ? 4301
CHAPTER 53?AUTHORITIES RELA"ING ":0 THE REGULATION
OF FOREIGN MISSIONS
Sec.
4301. DecLuntion of findings and policy.
D.A").4.---AMENDED
Office of Foreign Missions.
(a) F..a.abliattaient; Director. ounhority
over Directoc. rank of Doc,
(b) Deputy Director. .
(c) Functions of Director.
4304. Provision of benefit*.
(a) Requart by foreign minion; terms
and conditions ea approved by Sec-
mmry.
(b) Bowl= through Director so mandn-
tory; compliance with terms and
conditioat
(c) Surcharge or fec waiver of cecourac
(d) Arcot for ironer of secourac
(e) Secret Service protection.
4304a. Enforeeencat of compliance int! liability
insurance requirements-
(a) Notice to Director by head of ionige
minion of lapse or tervoiodoion
comrpm report to Director by
head of foreign midi= respecting
motor vehicles. somas and aircraft
reentered in United Sestet
(b) Surcharge or fee coverimg mestimfead
part cif judgment; preconditions for
imposition.
(c) Definitioaa
4305. Ptoperty of foreign minions
(a) Proposed seminnioa. salt. Of other
dimosition.
(b) Daweitare-
(c) Canstion of diplomatic, commuisr, ami
other goveramestal activities in
Vaned Some prom:deg power or
other aglow; diepon of proper-
- ty.
(d) Protection from
Future Hostile
,Intelligence
Activities in the
U.S.
AMENDED--- 43?2-
403.
4306. Loma= of foreign claims ia die Dis-
trict elf Columbia.
(a) Selection as nyversing location. re-
placement. or ezpsoniom.
(b) Acceptable mow limitations and
comlitiona.
(c) Filing of application with Bawd of
Zorn* Asijustment publiostion of
maim public perticipmtion; timed
detaminntiOn.
(d) Criteria for detertainstios.
(e) Consiateacy of regalations. proceed-
ings, end other scam; mime and
Sec .
commait by National Planning
Common.
(f) Rule-making nature of proceeding*
(g) enmpli..wv with Dntrict of Columbia
budding and related code*
(1i) Approval of Board of Zoning Actium-
mesa or Zoning CommiMos not
required_
(i) Menaberilep on Zoning Conarniasion
and Board of Zoning Adjustment.
(j) Applicata= of other lama
4307. rico:options.
4 30t . Ckacral provisions.
(a) Imemence of regulation.
(b) Discharge of obligstiom
(c) Use or al*Orlas from other Raderal
amaciese awns and consaktaniet.
(d) Contracts and asboostracts for sup-
plies and sarvione actvertimement;
halms conicionicl.
(e) Tramiefer or loan of property to or
from Office of Foie* hfienicsms
(f) Atmeimas? execution. etc,
01-
(g) Oiecretion of Sacretse7.
(le) Trumfor esti credit of hada.
4309. Applicata= to relic iftinistiona ores-
nizations
and official ceem to such
ormsizations.
4309s. UMW hetes ramoneltalities for employ-
nes 01e third Nations
(a) lindiega.
(b) Activities of United Nations employ-
COL
(e) Reports._
(d) United States astionsis.
(a) Delimm
4310. Privaegine and
4111. Enforcement
4112 Preidential guidelines.
4313. 3everability.
4314. Eetnaardiaory motective aervion.
(a) Deneral authority.
(b) Itsmairemesta of extrooraiesary cir-
onnstances
(c) Consaketios wit! Congress bakee ob-
ligation of fends.
(S) Restrictions ese me of
(e) Period of apeman( wide irate or lo-
cal ambotity.
Romiremeent for appropriations.
(s) Wortiog capital had.
4315.
Use of Foreign Mission
in a manner inccmpatible
with its status as a
foreign mission.
4316. Application of Travel
Restrictions to Personnel
of Certain Countries and
Organizations.
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tii I . Deciaratioe of ftsietiegs seal policy
(a) The Congress finds that the operation in the United States of foreign missions
and public international organizations and the official misaiona to such organisations,
including the permissible scope of their activities and the location and ail& of their
facilities, is a proper subject for the exercise of Federal jurisdiction.
(b) The Congress declares that it is the pt, icy of Jie United States to support the
secure and efficient operation of United States missions abroad, to facilitate the
secure and efficient operation in the United States of foreign missions and public
international organizations and the official missions to such organizations, and to
assist in obtaining appropriate benefita, privileges, and immunities for those mistime
and organizations and to require their observance of corresponding obligations is
accordance with international law.
(c) The treatment to be accorded to a foreign mission in the United States shall be
determined by the Seeretary after due consideration of the benefits, privileges, and
immunities provided to missions of the United States in the country or territory
represented by that foreign mission, as well as matters relating to the protection a
the interests of the United States.
Ult2. Deflattioas
(a) For purposes of this chapter?
* (1) 'benefit" (with respect to a foreign mission) means any acquisition, or
authorization for an acquisition, in the United States by or for a foreign miasioo.
including the acquisitice of?
(A) real preperty by purchase, lease, exchange, construction, or other-
wise,
(B) public services, including servicea relating to cuetorna, importation,
and utilities, and the processing of applications or requests relating to
public services,
(C) supplies. maintenance, and transportation,
(3) locally engaged staff on a temporary or regular basis,
(E) travel and related services.
(n protective services, and
(G) financial and currency exchange services,
and includes such other benefit' as the Secretary may designate;
(2) ''chancery" means the principal offices of a foreign mission used for
diplomatic or related purposes, and annexes to such offices (secluding ancillary
offices and support faalities), and includes the site and any building on such site
which is used for such purposes;
(3) "Director? mama the Director of the Office of Foreign Missions estab-
lished pursuant to section 4303(a) of this title;
(4) *'foreign masker' means any mission to or agency or entity in the United
States which is involved in the diplomatic, coosular, or other activities of, or
which is substantially owned or effectively cootrolled by?
(A) a foreign government, or
(B) an organization (other than an international organisation, as defined
in section 209(b) of this title) representing a territory or political entity
which has been granted diplomatic or other official privileges and immuni-
ties under the laws of the United States or which engages in some aspect of
the conduct of the international affairs of such territory or political entity,
*Added by sec. 153, Foreign Relations Authorization Act,
FY.1988-89 (United States-Soviet Reciprocity in Matters
Relating to Elitbassies)
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including any real property of such a mission and including the personnel of such a
mission;
(5) "real property" includes any right; title, or interest in or to, or the
beneficial use of, any real property in the United States, including any office or
other building;
(6) "Secretary" means the Secretary of State;
(7) "sending State" means the foreign government, territory, or political
entity represented by a foreign mission; and
(8) "United States" means, when used in a geographic sense, the several
States, the District of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States.
(b) Determinations with respect to the meaning and applicability of the terms
used in subsection (a) of this section shall be committed to the discretion of the
Secretary.
4303. Office of Foreign Miodoaa
(a) fitatebtfebatook Director; sialoprily over Director; reek of Director
The Secretary shall establish an Office of Foreign Missions as an office within the
Department of State. The Office shall be headed by a Director, appointed by the
President by and with the advice and consent of the Senate, who shall perform his or
her functions under the supervision and direction of the Secretary. The Secretary
may delegate this authority for supervision and direction of the Director only to the
Deputy Secretary of State or an Under Secretary of State. The Director shall have
the rank of ambassador.
(b) Depot,' Director
There shall also be a Deputy Director of the Office of Foreign Missions. Either
the Director or the Deputy Director of such Office shall be an individual who has
served in the United States Foreign Service, while the other of the two shall be an
individual who has served in the United States Intelligence Community.
(c) Reactions el Director
The Secretary may authorize the Director to?
(1) assist agencies of Federal, State, and municipal government with regard
to ascertaining and according benefits, privileges, and immunities to which a
foreign mission may be entitled;
(2) provide or assist in the provision of benefits for or on behalf of a foreign
mon in accordance with section 4304 of this title; and
(1) perform such other functions as the Secretary may determine necessary in
furtherance of the policy of this chapter.
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4304. Provision of benefits
(a) Reqweat by ferries swiesienc terms and eteamiithasa ae apareval by Secretary
Upon the request of a foreign mission, benefits may be provided to or for that
foreign rnisaion by or through the Director on such terms and conditions as the
Secretary may approve.
Reserits threwgii Director we IIIIalledatory; complisace with terms and eaa4itioiu
If the Secretary determines that such actiim is reasonably flecesaary on the basis
of reciprocity or otherwise?
(1) to facilitate relations between the United States and a sending State,
(2) to protect the interests of the United States,
(3) to adjust for costs and procedures of obtaining benefits for missions of
the United States abroad, or
(4) to assist in resolving a dispute affecting United States interests and
involving a foreign mission or sending State,
then the Secretary may require a foreign mission (A) to obtain benefits from or
through the Director on such terms and conditions as the Secretary may approve, or
(B) to forego the acceptance, use, or relation of any benefit or to comply with such
terms and conditions as the Secretary may determine as a condition to the execution
or performance in the United States of any contract or other, agreement, the
acquisition, retention, or use of any real property, or the application for or accept-
ance of any benefit (including any benefit from or authorized by any Federal. State,
or municipal governmental authority, or any entity providing public services).
(e) Sardeirge we fe waiver of recostrime
Terms and conditions established by the Secretary under this section may in-
clude?
(1) a requirement to pay to the Director a surcharge or fee, and
(2) a waiver by a foreign mission (or any assignee of or person deriving rights
from a foreign mission) of any recourse against any governmental authority,
any entity providing public services, any employee or agent of such an authority
or entity, or any other person, in connection with any action determined by the
Secretary to be undertaken in furtherance of this chapter.
(4) Arad fee waiver al rsestass
For purposes of effectuating a waiver of recourse which is required under this
section, the Secretary may designate the Director or any other officer of the
Department of State as the agent of a foreign mission (or of any assignee of or
person deriving rights from a foreign mission). Any such waiver by an officer so
designated shall for all purposes (including any court or administrative proceeding)
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be deemed to be a waiver by the foreign mission (or the assignee of or other person
deriving rights from a foreign mission).
(e) Secret Service protection
Nothing in this chapter shall be deemed to preclude or limit in any way the
authority of the United States Secret Service to provide protective services pursuant
to section 202 of Title 3, or section 3056 of Title 18 at a level commensurate with
protective requirements as determined by the United States Secret Sertice.
4304a. Enforcement of compliance with. liability insurance requirements
(a) Notice to Director by bead of foreign mission of lapse or termination of cover report
to Director by head of foreign mission respecting motor vehicles, vessels and aircraft
registered in United States
(1) The head of a foreign mission shall notify promptly the Director of the lapse
or teriniruition of any liability insurance coverage held by a member of the mission,
by a member of the family of such member, or by an individual described in section
19 of the Convention on Privileges and Immunities of the United Nations of
February 13, 1946.
(2) Not later than February I of each year, the bead of each foreign mission shall
prepare and transmit to the Director a report including a list of motor vehicles,
vessels, and aircraft registered in the United States by members of the mission,
members of the families of such members, individuals described in section 19 of the
Convention on Privileges and Immunities of the United Nations of February 13,
1946, and by the mission itself. Such list shall set forth for each such motor vehicle,
vessel, or aircraft?
(A) the jurisdiction in which it is registered;
(R) the name of the insured;
(C) the name of the insurance company;
(D) the insurance policy number and the extent of insurance coverage; and
(E) such other information as the Director may prescribe.
Ob) Surcharge or fee covering onsathitkel part or jodamesit; preconditions for isapositioa
Whenever the Director finds that a member of a foreign mission, a member of the
family of such member, or an individual described in section 19 of the Convention on
Privileges and Immunities of the United Nations of February 13, 1946?
(1) is at fault for personal injury, death, or property damage arising out of
the operation of a motor vehicle, vessel, or aircraft in the United States,
(2) is not covered by liability insurance, and
(3) has not satisfied a court-rendered judgment against him or is not legally
liable,
the Director shall impose a surcharge or fee on the foreign mission of which such
member or individual is a part, amounting to the unsatisfied portion of the judgment
rendered against such member or individual or, if there is no court-rendered
judgment, an estimated amount of damages incurred by the victim. The payment of
any such surcharge or fee shall be available only for compensation of the victim or
his estate.
For purposes of this section?
(1) the term "head of a foreign mission" has the same meaning as is ascribed
to the term "head of a mission" in Article 1 of the Vienna Convention on
Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227);
and
(2) the terms "members of a mission" and "family" have the same meanings
as is ascribed to them by paragraphs (I) and (2) of section 254a of this title.
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f 4306. Property of foreign atheloes
(a) Promised aogniottion. sale. or other thipooitioa
(1) The Secretary shall require any foreign mission, including any mission to an
international organization (as defined in ? ecuon 4309(bX2) of this title), to notify the
Director prior to any proposed acquisition, or any proposed sale or other disposition,
of any real property by or on behalf of such mission. The foreign mission (or other
party acting on behalf of the foreign mission) may initiate or execute any contract,
proceeding, application, or other action required for the proposed action?
(A) only after the expiration of the 60-day period beginning on the date of
such notification (or after, the expiration of such shorter period as the Secretary
may specify in a given case); and '
(B) only if the mission is not notified by the Secretary within that period that
the proposal has been diaapproved; however, the Secretary may include in such
a notification such terms and conditions as the Secretary may determine
appropriate in order to remove the disapprovaL
(2) For purposes of this zed:ion, "acquisition" includes any acquisition or altera-
tion of, or addition to, any real property or any change in the purpose for which real
property is used by a foreign mission.
(b) Divesttture
The Secretary may require any foreign mission to divest itself of, or forego the
use of, any real property determined by the Secretary?
(1) not to have been acquired in accordance with this section;
(2) to exceed limitations placed on real property available to a United States
mission in the sending State; or
(3) where otherwise necessary to protect the interests of the United States.
(e) Cemsties of diplooistie. modular, aad other governiumital activities in Unita &aux
protecting power or otiber agent; disposition of propetty
If a foreign mission has ceased conducting diplomatic, consular, and other govern-
mental activities in the United States and has not designated a protecting power or
other agent approved by the Secretary to be responsible for the property of that
foreign mission, the Secretary?
(1) until the designation of a protecting power or other agent approved by the
Secretary, may protect and preserve any property of that foreign mission; and
(2) may authorize the Director to dispose of such property at such time as the
Secretary may determine after the expiration of any one-year period beginning
on the date that the foreign mission esesied those activities, and may remit to the
sending State the net proceeds from such disposition.
'Yd)(1) After the date of enactment of this subsection, real property
in the United States may not be acquired (by sale, lease, or other
means) by or on behalf of the foreign mission of a foreign country
described in Paragraph (4) if, in the judgment of the Secretary of
Defense (after consultation with the Secretary of State.), the acquisi-
tion of that property might substantially improve the capability of
that country to intercept communications involving United States
Government diplomatic, military, or intelligence matt.,
* Added by sec. 161, Foreign Relations Authorization Act,
FY 1988-89 (Protection frau Future Hostile Intelligence
Activities in the United States).
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-(2) After the elate of enactment of (hi. iiihsection. 'rat proper;j?
in the United States may not be acquired .'by sale !rosc. or other
means) by or on behalf of the foreign mission of a ,fiireign country
described in paragraph (4) if in the judgment of the Director of the
Federal Bureau of Investigation iirfter consultation with the Secre-
tary of State), the acquisition of that property might substantially
improve the capability of that country to engage in intelligence ac-
tivities directed against the United States. Government, other than
the intelligence activities described in paragraph (I).
"(S) The Secretary of State shall inform the Secretary of Defense
and the Director of the Federal Bureau of Investigation immediate-
ly upon notice being given pursuant to subsection (a) of this section
ofa proposed acquisition of real property by or on behalf of the for-
eign mission of a foreign country described in paragraph (4).
"(4) For the purposes of this subsection, the term foreign country'
means?
"(A) any country listed as a Communist country in section
62(Xf) of the Foreign Assistance Act of 1961;
"(B) any country determined by the Secretary of State, for
purposes of section 6(j) of the Export Administration Act of
1979, to be a country which has repeatedly provided support for
acts of international terrorism,- and
"(C) any other country which engages in intelligence activities
in the United States which are adverse to the national security
interests of the United States.
'15) As used in this section, the term 'substantially improve' shall
not be construed to prevent the establishment of a foreign mission
by a country which, on the date of enactment of this section?
"(A) does not have a mission in the United States, or
"(B) with respect to a city in the United States, did not main-
tain a mission in that city.".
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f 4306. Location of foreign missions in the District of Columbia
(a) Sorties as governing location. replacement. or expansion
The location, replacement, or expansion of chanceries in the District of Columbia
shall be subject to this section.
(b) Acceptabie aresc Umitatlorm rued conditions
(1) A chancery shall be permitted to locate as a matter of right in any area which
is zoned commercial, industrial, waterfront, or mixed-use (CR).
(2) A chancery shall also be permitted to locate?
(A) in any area which is zoned medium-high or high density residential, and
(B) in any other area, determined on the basis of existing uses, which includes
office or institutional uses, including but not limited to any area zoned mixed-use
diplomatic or special purpose,
subject to disapproval by the District of Columbia Board of Zoning Adjustment in
accordance with this section_
(3) In each of the areas described in paragraphs (1) and (2), the limitations and
conditions applicable to chanceries shall not exceed those applicable to other office or
Motivational uses in that area.
(e) Mks( et application with Board of Zoning Adjustment; publication of notion public
participatient Anal &termination
(1) If a foreign mission wishes to locate a chancery in an area described in
subsection (b) (2) of this section, or wishes to appeal an administrative decision
relating to a chancery based in whole or in part upon any zoning map or regulation,
it shall file an application with the Board of Zoning Adjustment which shall publish
notice of that application in the District of Columbia Register.
(2) Regulations issued to carry out this section shall provide appropriate opportu-
nities for participation by the public in proceedings concerning the location, replace-
ment, or expansion of chanceries.
(3) A final determination concerning the location, replacement, or expansion of a
chancery shall be made not later than six mouths after the date of the filing of an
application with respect to such location, replacement, or expansion. Such determi-
nation shall not be subject to the administrative proceedings of any other agency or
official except as provided in this chapter.
(4) Criteria far determination
Any determination concerning the location of a chancery under subsection (b) (2) of
this section, or concerning an appeal of an administrative decision with respect to a
chancery based in whole or in part upon any toning regulation or map, shall be based
solely on the following criteria:
(1) The international obligation of the United States to facilitate the provision
of adequate and secure facilities for foreign missions in the Nation's Capital.
(2) Historic preservation, as determined by the Board of Zoning Adjustment
in carrying out this section; and in order to ensure compatibility with historic
landmarks and districts, substantial compliance with District of Columbia and
Federal regulations governing historic preservation shall be required with
respect to new construction and to demolition of or alteration to historic
landmarks.
(3) The adequacy of off-street or other parking and the extent to which the
area will be served by public transportation to reduce parking requirements,
subject to such special security requirements as may be determined by the
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Secretary, after consultation with Federal agencies authorized to per-form pro-
tective services.
(4) The extent to which the area is capable of being adequately protected, as
determined by the Secretary, after consultation with Federal agencies autho-
rized to perform protective services.
(5) The municipal interest, as determined by the Mayor of the District of
Columbia.
(6) The Federal interest, as determined by the Secretary.
(e) Consistency of regulationa, proceedings, and other actionaz review and coentnent by
National Planning Commission
(1) Regulations, proceedings, and other actions of the National Capital Planning
Commission, the Zoning Commission for the District of Columbia, and the Board of
Zoning Adjustment affecting the location, replacement, or expansion of chanceries
shall be consistent with this section (including the criteria set out in subsection (d) of
this section) and shall reflect the policy of this chapter.
(2) Proposed actions of the Zoning Commission concerning implementation of this
section shall be referred to the National Capital Planning Commission for review and
comment
(0 itale-making natant of proceedings
Regulations issued to carry out this section shall provide for proceedings of a
rule-making and not of an adjudicatory nature.
(a) Compliaace with markt of Columbia building and related codes
The Secretary shall require foreign missions to comply substantially with District
of Columbia building and related codes in a manner determined by the Secretary to
be not inconsistent with the international obligations of the United States.
(I) Approval of Board a Zoning Adjustment or Zoning Commission sot required
Approval by the Board of Zoning Adjustment or the Zoning Commission or, except
as provided in section 4305 of this title, by any other agency or official is not
required?
(1) for the location, replacement, or expansion of a chancery to the extent
that authority to proceed, or rights or interests, with respect to such location,
replacement, or expansion were granted to or otherwise acquired by the foreign
mission before October 1, 1982 or
(2) for continuing use of a chancery by a foreign mission to the extent that
the chancery was being used by a foreign mission on October 1, 1982.
(I) Itemberabip me Zoning Conuadasion sad Board of Zoning Adjustment
(1) The President may designate the Secretary of Defense, the Secretary of the
Interior, or the Administrator of General Services (or such alternate as such official
may from time to time designate) to serve as a member of the Zoning Commission in
lieu of the Director of the National Park Service whenever the President determines
that the Zoning Commission is performing functions concerning the implementation
of this section.
(2) Whenever the Board of Zoning Adjustment is performing functions regarding
an application by a foreign mission with respect to the location, expansion, or
replacement of a chancery?
(A) the representative from the Zoning Commission shall be the Director of
the National Park Service or if another person has been designated under
paragraph (1) of this subsection, the person so designated, and
(B) the representative from the National Capital Planning Commission shall
be the Executive Director of that Commission.
(,J) Application of other laws
Provisions of law (other than this chapter) applicable with respect to the location,
replacement or expansion of real property in the District of Columbia shall apply
with respect to chanceries only to the extent that they are consistent with this
section.
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4307. Preemptios
Notwithstanding any other law, no act of any Federal agency shall be effective to
confer or deny any benefit with respect to any foreign mission contrary to this
chapter. Nothing in section 4302, 4303, 4304, or 4305 of this title may be construed
to preempt any State or municipal law or governmental authority regarding zoning,
land use, health, safety, or welfare, except that a denial by the Secretary involving a
benefit for a foreign mission within the jurisdiction of a particular State or local
government shall be controlling.
4306. General provisions
(a) losessiee at reesees
The Secretary may issue such regulations as the Secretary may determine neces-
sary to carry out the policy of this chapter.
(h) Methane el ehlisatiem liability
Compliance with any regulation, instruction, or direction issued by the Secretary
under this chapter shall to the extent thereof by a full acquittance and discharge for
all purposes of the obligation of the person making the same. No person shall be
held liable in any court or administrative proceeding for or with respect to anything
done or omitted in good faith in connection with the administration of, or pursuant to
and in reliance on, this chapter, or any regulation, instruction, or direction issued by
the Secretary und?his chapter.
(e) Use air employees tress ether Federal aeleacieu experts mad eousedteata
For purposes of administering this chapter?
(1) the Secretary may accept details and assignments of employees of Federal
agencies to the Office of Foreign Missions on a reimbursable or nonreimbursa-
hie basis (with any such reimbursements to be credited to the appropriations
made available for the salaries and expenses of officers and employees of the
employing agency) and
(2) the Secretary may, to the extent necessary to obtain services without
delay, exercise his authority to employ experts and consultants under section
3109 of Title 6, without requiring compliance with such otherwise applicable
requirements for that employment as the Secretary may determine, except that
such employment shall be terminated after 60 days if by that time those
requirements are not complied with.
(4) Oseasets Ned subeestraets ter supplies sad serrieem advertliptinamt: facton cossidered
Contracts and subcontracts for supplies or services, including personal services,
made by or on behalf of the Director shall be made after advertising, in such manner
and at such times as the Secretary shall determine to be adequate to ensure notice
and opportunity for competition, except that advertisement shall not be required
when (1) the Secretary determines that it is impracticable or will not permit timely
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performance to obtain bids by advertising, or (2) the aggregate amount involved in a
purchase of supplies or procurement of services does not exceed $10,000. Such
contracts and subcontracts may be entered into without regard to laws and regula-
tions otherwise applicable to solicitation, negotiation, administration, and perform-
ance of government contracts. In awarding contracts, the Secretary may consider
such factors as relative quality and availability of supplies or services and the
compatibility of the supplies or services with implementation of this chapter.
(el Transfer or loan of property to or from Office of Foreign Missions
The head of any Federal agency may, for purposes of this chapter?
(1) transfer or loan any property to, and perform administrative and technical
support functions and services for the operations of, the Office of Foreign
Missions (with reimbursements to agencies under this paragraph to be credited
to the current applicable appropriation of the agency concerned); and
(2) acquire and accept services from the Office of Foreign Missions, including
(whenever the Secretary determines it to be in furtherance of the purposes of
this chapter) acquisitions without regard to laws normally applicable to the
acquisition of services by such agency.
(n Attackment, execution. etc_ of asset*
Assets of or under the control of the Office of Foreign Missions, wherever
situated, which are used by or held for the use of a foreign mission shall not be
subject to attachment, execution, injunction, or similar process, whether intermediate
or final.
(g) Macre/ma of Secretary
Except as otherwise provided, any determination required under this chapter shall
be committed to the discretion of the Secretary.
(Ii) Transfer and credit of lamas
(I) In order to implement this chapter, the Secretary may transfer to the working
capital fund established by section 2684 of this title such amounts available to the
Department of State as may be necessary.
(2) All revenues, including proceeds from gifts and donations, received by the
Director or the Secretary in carrying out this chapter may be credited to the working
capital fund established by section 2684 of this title and shall be available for
purposes of this chapter in accordance with that section.
(3) Only amounts transferred or credited to the working capital fund established
by section 2684 of this title may be used in carrying out the functions of the
Secretary or the Director under this chapter.
f 4309. Application to public international organizations and official missions
to such organizations
(a) The Secretary may make section 4306 of this title, or any other provision of
this chapter, applicable with respect to an international organization to the same
extent that it is applicable with respect to a foreign mission if the Secretary
determines that such application is necessary to carry out the policy set forth in
section 4301(b) of this title and to further the objectives set forth in section 4304 (b)
of this title.
(b) For purposes of this section, "international organization" means?
(1) a public international organization designated as such pursuant to the
International Organizations Immunities Act (22 288-288f-2) or a public
international organization created pursuant to a treaty or other international
agreement as an instrument through or by which two or more foreign govern-
ments engage in some aspect of their conduct of international affairs; and
(2) an official mission (other than a United States mission) to such a public
international organization,
including any real property of such an organization or mission and including the
personnel of such an organization or mission.
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4309a. United State. responsibilities for employees of the United Nations
(a) Finding'
The Congress finds that?
(1) pursuant to the Agreement Between the United States and the United
Nations Regarding the Headquarters of the United Nations (authorized by
Public Law 80-357 (22 U.S.C. 287 note)), the United States has accepted?
(A) the obligation to permit and to facilitate the right of individuals, who
are employed by or are authorized by the United Nations to conduct official
business in connection with that organization or its agencies, to enter into
and exit from the United States for purposes of conducting official activities
within the United Nations Headquarters District, subject to regulation as to
points of entry and departure; and
(B) the implied obligation to permit and to facilitate the acquisition of
facilities in order to conduct such activities within or in proximity to the
United Nations Headquarters District, subject to reasonable regulation
including regulation of the location and size of such facilities; and
(2) taking into account paragraph (1) and consistent with the obligation of the
United States to facilitate the functioning of the United Nations, the United
States has no additional obligation to permit the conduct of any other activities,
including nonofficial activities, by such individuals outside of the United Nations
Headquarters District.
(b) Aettrtties of Vatted Nodose assployees
(1) The conduct of any activities, or the acquisition of any benefits (as defined in
section 4301(aX1) of this title), outside the United Nations Headquarters District by
any individual employed by, or authorized by the United Nations to conduct official
business in connection with, that organization or its agencies, or by any person or
agency acting on behalf thereof, may be permitted or denied or subject to reasonable
regulation, as determined to be in the best interests of the United States and
pursuant to this chapter.
(2) The Secretary shall apply to those employees of the United Nations Secretariat
who are nationals of a foreign country or members of a foreign mission all terms,
limitations, restrictions, and conditions which are applicable pursuant to this chapter
to the members of that country's mission or of any other mission to the United
Nations unless the Secretary determines and reports to the Congress that national
security and foreign policy circumstances require that this paragraph be waived in
specific circunistances.
(c) Reports
The Secretary shall report to the Congress?
(1) not later than 30 days after August 16, 1985, on the plans of the Secretary
for implementing this section; and
(2) not later than 6 months thereafter, on the actions taken pursuant to those
plans.
(d) linked Stases astisssals
This section shall not apply with respect to any United States nationaL
(e) Deriaitisos
For purposes of this section, the term "United Nations Headquarters District"
means the area within the United States which is agreed to by the United Nations
and the United States to constitute such a district, together with such other areas as
the Secretary of State may approve from time to time in order to permit effective
functioning of the United Nations or missions to the United Nations.
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4.310. Privileges and inusiunitks
Nothing in this chapter shall be construed to limit the authority of the United
States to carry out its international obligations, or to supersede or limit immunities
otherwise available by law. No act or omission by any foreign mission, public
international organization, or official mission to such an organization, in compliance
with this chapter shall be deemed to be an implied waiver of any immunity otherwise
provided for by law.
f 4311. Enforcement
(a) It shall be unlawful for any person to make available any benefits to a foreign
mission contrary to this chapter. The United States, acting on its own behalf or on
behalf of a foreign mission, has standing to bring or intervene in an action to obtain
compliance with this chapter, including any action for injunctive or other equitable
relief.
(11) Upon the request of any Federal agency, any State or local government
agency, or any business or other person that proposes to enter into a contract or
other transaction with a foreign mission, the Secretary shall advise whether the
proposed transaction is prohibited by any regulation or determination of the Secre-
tary under this chapter.
f 4312. Presidential guidelines
The authorities granted to the Secretary pursuant to the provisions of this chapter
shall be exercised in accordance with procedures and guidelines approved by the
President.
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? 4313. Severability
if any provision of this chapter or the application thereof to any person or?
circumstance is held invalid, the remainder of this chapter and the application of
such provision to any other person or circumstance shall not be affected thereby.
? 4314. Extraordinary protective services
(a) General authosity
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) and 208 of Title 3.
(le) Requirement extraordiaary cireuenstaaces
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 mea-
sures which exceed those which local law enforcement agencies can reasonably be
expected to take.
(e) Coasaltattaa with Congress Wore obligatioa 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.
(di Restrictions oa me of hands
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 jurisdic-
tions 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.
(0 Requirement for appropriations
Contracts may be entered into in carrying out this section only to such extent or in ;
*nth amounts as are provided in advance in appropriation Acts.
(g) Workbag capital fund
Amounts used to carry out this section shall not be subject to section 4308(h) of
this title.
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-X- sec. 4315. USE OF FOREIGN MISSION IN A MANNER INCOMPATIBLE WITH
STA MS AS A FOREIGN MISSION.
"(al:ESTABLISHMENT OF LIMITATION ON CERTAIN Usir.s.?A foreign
missian may not allow an unaffiliated alien the use of any premise
of that foreign mission which is inviolable under United States law
(including any treaty) for any purpose which is incompatible with
its status as a foreign mission, including use as a residence.
"(b) TEMPORARY LODGING.?For the purposes of this section, the
term 'residence' does not include such temporary lodging as may be
permitted under regulations issued by the Secretary.
"(C) WAIVER.?The Secretary may waive subsection (a) with respect
to all foreign missions of a country (and may revoke such a waiver)
30 days after providing written notification of such a waiver, togeth-
er with the reasons for such waiver (or revocation of such a waiver).
to the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate
'Yd) Ran:um?Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall submit a report to the
Congress concerning the implementation of this section and shall
submit such other reports to the Congress concerrang changes in im-
plementation as may be necessary.
'Ye) Dzmirrioris.?For the purposes of this section-
44(1) the term 'foreignrj mission includes any international or-
ganization as de in section 2(mbk and
`Y2) the term unaffiliated alien' means with respect to a for-
eign country, an alien who?
TA) is admitted to the United States as a nonimmigrant,
and
'YB) is not a member, or a family member of a member.
of a foreign mission of that foreign cowstry.".
(b) Errxerrvg DAra.?(1) Except as provided in paragraph CU the
amendment made by subsection (a) shall apply to any foreign mis-
sion beginning on the date of enactment of this Act.
(2XA) The amendment made by subsection (a) shall apply begin-
ning 6 months after the date of enactment of this Act with respect
to any noninunignust alien who is using a foreign mission as a resi-
dence or a placc of business on the date of enactment of this Act
(B) The Secrecry of State may delay the effective date provided
for in subparogrisPh (A) for not more than 6 months with respect to
any nonimmigrant alien if the Secretary Pods that a hardship to
that alien would result from the implementation of subsection (a).
-X Added by sec. 128, Foreign Relations Authorization Act,
FY 1988-89 (Limitation on the Use of a Foreign Mission
in a Manner Incompatible with its Status as a Foreign Mission)
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.* sec. 4316.
APPLICATION OF T7tA EEL RESTRICT7ONS TO PERSONNEL OF
CERTAIN COUNTRIES AND ORCANIZAT7ONS.
"(a) REQUIREMENT FOR REsrnicriorgs.?The Secretary shall apply
the same generally applicable restrictions to the travel while in the
United States of the individuals described in subsection (b) as are
applied under this title to the rnemberr of th , missions of the Soviet
Union in the United States.
"(b) INDIVIDUALS SUBJECT TO RESTRICTIONS.?The restrictions re-
quired by subsection (a) shall be applied with respect to those indi-
viduals who (as determined by the Secretary) are?
"(1) the personnel of an international organization, if the in-
dividual is a national of any foreign country whose government
engages in intelligence activities in -the United States that are
harmful to the national security of the United States;
"(2) the personnel of a mission to an international organiza-
tion, if that mission is the mission of a foreign government that
engages in intelligence activities in the United States that are
harmful to the national security o( the United States; or
"(.1) the family members or dependents of an individual de-
scribed in paragraphs (1) and (2);
and who are not pationals or permanent resident aliens of the
United States.
"(C) WAIVERS.?The Secretary, atter consultation with the Director
of Central Intelligence and the Director of the Federal Bureau of In-
vestigation, may waive application of the restrictions required by
subsection (a) if the Secretary determines that the national security
and foreign policy interests of the United States so require
REPorrs.?The Secretary shall transmit to the Select COM-
mittee on Intelligence and the Committee on Foreign Relations of
the Senate, and to the Permanent Select Committee on Intelligence
and the Committee on Foreign Affairs of the House of Representa-
tives, not later than six months after the date of enactment of this
'rectum and not later than every six months thereafter, a report on
the actions taken by the Secretary in carrying out this section
during the previous six months.
'Ye) DEFINMONS.?For purposes of this section-
-(1) the term 'generally applicable restrictions' means any
limitations on the radius within ? which unrestricted travel is
permitted and obtaining trovel services through the auspices of
the Office of Foreign Missions for travel elsewhere, and does not
include any restriction.s which unconditionally prohibit the
members of missions of the Soviet Union in the United States
from traveling to designated areas of the United States and
which are applied as a result of particular factors in relations
between the United States and the Soviet Union. .
4`(2) the term 'international Of lion' means an organiza-
tion described in section 209(b)at and
44(.1) the term 'perirotusel' includes?
'VA) officers, eirsployees, and any other staff member, and
'TB) any individual who is retained under contract or
other arrangement to sense functions similar to those of an
officer, employee, or other staff member....
(b) Eirscrwit DATIL?Subsection (a) of the section enacted by this
section shall take effect 90 days after the date of enactment of this
Act.
* Added by sec. 162, Foreign Relations Authorization Act,
. FY '1988-89 (Application of Travel RPg1-y-ir.4-;rra 4r
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sec. 4315.
17
CONFERENCE REPORT EXCERPTS
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE
LIMITATION ON USK OF A FOREIGN MISSION IN A MA.NNIER
INCOMPATIBLE WITH ITS STATUS AS A FOREIGN MISSION
The House bill (sec. 128) amends the State Department Basic Au-
thorities Act of 1956 to prohibit the use of a foreign mission for any
purpose incompatible with its status as a foreign mission, including
use as a residence for unaffiliated aliens. The Secretary of State
may waive this provision if he provides written notification of such
a waiver 30 days in advance which includes the reasons for such a -
waiver. The House bill also requires an annual report not later
than February 1 of each year on the implementation of this sec-
tion.
The Senate (sec. 563) contains a similar provision.
The conference substitute (sec. 128) is similar to the House bill
but changes the annual reporting requirement to a one time report
180 days after the date of enactment, and such other reports con-
cerning changes in implementation that may be necessary.
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CONFERENCE REPORT EXCERPTS
sec. 4316. JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CO&FERENCE
APPLICATION Or TRAVEL RESTRICTIONS TO PERSONNEL Or CERTAIN
00UNTRUD3 AND ORGANIZATIONS
The House bill (sec. 146) limits the travel of certain foreign per-
sonnel in the United States to within the municipal areas in which
they are located. The personnel affected include all foreign employ-
ees of international organizations; officials from certain foreign
countries at their embassies and consulates or missions to interna-
tional organizations; and personnel of certain foreign organizations.
The countries whose missions are affected under the House bill
:?include all Communist countries (except Albania), Iran, Libya, and
Nicaragua. The foreign organizations affected include the African
National Congress, the Palestine Liberation Organization, and the
South West African People's Organization. In addition, the House
bill allows for a waiver of this provision by the Secretary of State
after consultation with the Directors of Central Intelligence and of
the Federal Bureau of Investigation based on U.S. national security
and foreign policy interests.
The Senate amendment (sec. 533) applies the same restrictions,
including travel restrictions, as are applied to Soviet missions in
the United States to all personnel of foreign missions (including
embassies, consulates, and missions of international organizations)
from Warsaw Pact countries and Cuba. The Senate amendment
also allows for a Presidential waiver based on national security and
foreign policy consideration in specific circumstances provided such
a waiver is reported to the Intelligence Committees of the House of
Representatives and the Senate. In addition, the Senate amend-
ment requires the Secretary of State to report to these committees
6 months after the date of enactment on the implementation of
this section.
The conference substitute (sec. 162) imposes travel restrictions on
those individuals who, as determined by the Secretary of State, are
(1) personnel of an international organization, if the individual is a
national of a foreign country whose government engages in intelli-
gence activities in the United States that are harmful to the na-
tional security interests of the United States, or (2) personnel of a
mission to an international organization, if that mission is the mis-
sion of a foreign government that engages in intelligence activities
in the United States that are harmful to the national security in-
terests of the United States.
The conference substitute provides for a waiver of this provision
by the Secretary of State in consultation with the Directors of Cen-
tral Intelligence and of the Federal Bureau of Investigation on na-
tional security and foreign policy grounds and requires the Secre-
tary to report every 6 months to the Committees on Foreign Affairs
and on Intelligence of the House of Representatives and the Com-
mittee on Foreign Relations and on Intelligence of the Senate
every 6 months on the implementation of this section.
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December 14, 1987 CONGRESSIONAL RECORD ? HOUSE H 11305
(DI A LW-ABILITY Of DOCUMENT. ifluh.
CIOGUmfneallOR with respect to a certifica-
tion ?referred to in subsection (a) and any
dissenting views thereto shall be atonable.
in an app ropr.akly classified form, to the
Chatrman of the Committee on Foreign Af-
fairs of the Hou.se of Representatives and
the chairman of the Committee on Foreign
Relation: of the -Senate
D.RECTOR OP CLKTRAL INTETLIC;Elv<
The Director of Central Intelligence shall
proride to the Secretary of State such assist-
( ace with respect to the implementation of
this section as the Secretary of Slate may re-
quest
(dr DIsserrrtsco Vairc.?If the Director of
Central Intelligence disagrees with the Sec-
retary of State with respect to any project
certification made pursuant to subsection
(a). the Director shall submit in writing dis-
agreeing views Co the Secretary of State.
sIC 1st ritorEcno.v FROM iTTLIRE Hosrtu: IN.
TELLIGENCE ACTIVITIES IN THE
MTV) sTs TES
Section 205 of the State Department Basic
Authorities Act of 1956 122 U.S.0 4305) is
a mended by adding at the end the following:
"(di( I) After the date of enactment of this
subsection, real property in the United
States may not be acquired (by sale. lease, or
other means) by or on behalf of the foreign
mission of a foreign country described in
paragraph 14) if, in the judgment of the Sec-
retary of Defense (after consultation with
the Secretary of Stale), the acquisition Of
that property might substantially improve
the capability of that country to intercept
communications involving United States
Government diplomatic, military, or intelli-
gence matters.
"(2) After the date of enactment of this
subsection real property in the United
States may not be acquired (by sale, lease, or
other means) by or on behalf of the foreign
mission of a foreign country described in
paragraph (4) U. in the judgment of the Di-
rector of the Federal Bureau of Investiga-
tion (after consultation with the Secretary
of State). the acquisition of that property
might substantially improve the capability
of that country to engage in intelligence ac-
tivities directed against the United States
Government, other than the intelligence ac-
tivittef described in paragraph 11I.
-IV The Secretary Of State shall inform
the Secretary of Defense and the Director of
the Federal Bureau of Investigation immedi-
ately upon notice being given pursuant Co
SEC. ILL APPLICAno.v to- rsAIEL sEaesocricos effect 90 days after the date of ena.:frnent of
TO PERSONNEL of Ora 7-.4 COCW. ems AeL
TRIES AND ORGANIZATIONS
(a) Amenoter.vr ro Forizto.v Mtistotes A cr. ?
Title II of the Stale Department Basic Au-
thorities Act of 1956 122 (J.S.0 4301 et seq.)
as amended by section 128 is further amend-
ed by adding at the end the following new
section:
.NECI sit APPUCATION OF TRAVEL RESTRICTIONS
TO PERSOA.VEL OF CERTAIN cot N.
TRIES AND ORGANISATIONS.
'WO REQUIREMENT FOR RESTP.IG7I0NS.-77te
Secretary shall apply the same generally ap-
plicable restrictions to the travel while in
the United States of the individuals de-
scribed in subsection (b) as are applied
under this title to the members of the mis-
sions of the Soviet Union in the United
States.
. "(0) Itemmosts Stouter TO Rzsratc-
eroris.?The restrictions required by subsec-
tion' (a) shall be applied with respect to
those individuals who (as determined by the
Secretary) are?
"(1) the personnel of an international or-
ganization, tithe individual is a national of
any foreign country whose government en-
caeca in intelligence activities in the United
States that are harmful to the national secu-
rity of the United States:
"(2) the personnel 0/a mission to an Inter-
national organization, if that mission is the
mission of a foreign government that en-
gages in intelligence activities in the United
States that are harmful to the national secu-
rity of the United State.s: or
"(3) the family members or dependents of
an individual described in paragraphs 111
and (2):
and who are not nationals or permanent
resident aliens of the United States.
"(c1 WAIVERS.?The Secretary, after consul-
tation with the Director of Central Intelli-
gence and the Director of the Federal
Bureau of Investigation, may waive appli-
cation of the restrictions required by subsec-
tion (a) if the Secretary determines that the
national security and foreign police inter-
ests of the United States so require.
RrroitTs.?The Secretary shall trans-
mit to the select committee on Intelligence . matte activities in that country:
and the Committee on Foreign Relations a (41 since the United States Government
the Senate, and to the Permanent Select owns a substantial amount of property in
Committee on Intelligence and the Commit- Budapest, it is in a unique position to build
lee on Foreign Affairs of the House of Repre- new facilities which will substantially en-
sentattoes, not tater than six months after hence the security of the United States dip-
the date of enactment of this section and not JOIRDlie mission to Hungary; and
Later than every six months thereafter. a (5) units such as the Navy Construction
report on the actions taken by the Secretary Battalion are uniquely qualified to con-
subsection (a) of this section of a proposed in carrying out this section during the pre- afflict such facilities in an eastern bloc
acquisition of real property by or on behalf pious six months. country.
of the foreign mission of a foreign country "lel Denser:stmts.?For purposes of this see- (b/ Ssurewerr or PoucT.?/t is the sense of
described in paragraph (4I.
-14) For the purposes of this subsection. the Congress that?
'VP the term 'generally applicable rabic- (11 the Department of state should proceed
the term 'foreign country' means? _ lions' means any limitations on the radius
"(A) any country listed as a Communist within which unrestricted travel is permit- mestin at "winteithythefashOovernian tamneZ3tofiateHuanngaaryaretoe-
country in section 620(1) of the Foreign As- ted and obtaining travel services through attoia for the construction of new chancery
sistance Act of 1961: the auspices of the Office of Foreign MIs- facilities in Budapest which would totally
-(8) any country determined by the Seem- sions for travel dsewhere? and does not in- scampi:Lie sensitive activities from those of
tcry of Stale. for purposes Of SeCtiOn 6111 ef elude any restrictions which unconditional- an undaseuted and public-oriented chanse-
the Export Administration Act of 1979, to be ty prohibit the members of missions 0e the gen. and
SI:C let COl'?TERINTELLICENCE POLVCRAPH
SCREE.viNG OF DIPLOMATIC SECCit/TY
SERVICE PERSO.vNEL ?
(a) IMPLEMENTATION Of PROGRAM. ?Under
the regulations issued pursuant to subsec-
tion lb). the Secretary of State shall imple-
ment a program of counterintelligence poly-
graph examinations for members of the Dip-
lomatic Security Service (est. Wished pursu-
ant to title It of the Diplomatic Security
Act) during fiscal years 1948 and 1989.
(b) RsoucAriolvs.?The Secretary of Stale
shall issue regulations to govern the pro-
gram required by subsection (a). Such regu-
lations shall provide that the scope of the ex-
aminations under such program, the con-
duct of such examinations, and the rights of
udi viduala subject to such examine bow
shall be the same as those under the counter-
intelligence polygraph progra m conducted
pursuant to section 1222 of the Department
of Defense Authorization Act. 1986 (Public
Law 99-145).
SEC lit LW:TED STATES EMRASSY IN HUNGARY.
(a) FINDINGS. ?The Congress finds :Act?
(1) the full implementation of the security
Program c/a United States diplomatic mis-
sion to a Communist country cannot be ac-
complished if employees of that mission who
are citizens of the host country are present
in the same facilities where diplomatic and
consular activities of a sensitive nature are
performed:
al the facilities currently housing the of-
fices of the United States diplomatic mis-
sion to Hungary are totally inadequate for
the proper conduct of United States diplo-
matic activities, and unnecessarily expose
United States personnel and their activities
to the scrutiny of the intelligence services of
the Government of Hungary:
(3) the presence of local citizens in a facil-
ity where nen:Woe activities are Performed,
as well as their access to certain unclassi-
fied administrative information, greatly en-
hances the ability of the host government's
intelligence services to restrict our diplo-
a country which has repeatedly provided Soviet Union in the United States from boa- 12) any such agreement should ensure that
support for acts of international terrorism eine to designated areas of the united
and the United States Government will have the
i states andwhichare "Plied as a reetal of rightto employ only American construction
-ICJ any other country which engages in particular factors in relations between the penion?a and materials and will hare coin_
intelligence activities in the United sates United States and the Soviet Milos. Dietz control over access to the chancery site
which are adverse to the national security is) the teens 'international organization' from the inception of construction.
interests of the United States. means an organization described in section pan ci_p nil matters
'VS) As used in this section. the term 'sub- 20900(1); and
stantially improve shall not be construed to "(3) the term 'personnel' includes? SEC Ill CasnitSSIOrt TO MDT troREtc.v SERVICE
prevent the establishment of a foreign mis- "1AI officere, emPloYees. ond ail other PERSONNEL SYSTEM.
scan by a country which, on the date of en- staff member, and In consultation with the Committee on
act merit of this section? "(13) any individual who is retained under Foreign Relations of the Senate, the Com-
"(A) does not have a mission in the United contract or other arrangement to serve /uric- inittee on Foreign Affairs and the Commit-
States, or lions similar to those of an officee, employ- tee on Post Office and Civil Service of the
"(BI with respect to a city in the United ee. or other staff niember."- House of Representatives, and the exclusive
Slates. did not maintain a mission in that ad EtercTsVE Dam?Subsection taJ of the representatives kis defined in section
city.", section enacted by this section shall take 1002(9) of the Foreign Service Act 0/ 1980/,
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365 FOREIGN RELATIONS
section of which enacted Title 31, Money and
Finance.
Section was formerly classified to section 814 of
this title, and prior thereto to section 23/ of this
title.
Section was not enacted as a part of the Foreign
Service Act of 1980. which comprises this chapter.
22 ? 4301
Effective Date. Section effective July 1, 1931,
see section 7 of Act Feb., 23, 1931. sct out as a
note under section 4224 of this title.
Library References
Ambassadors and Consuls 43=7.
CJ.S. Ambassadors and Consuls ?? 19, 20.
CHAPTER 53?AUTHORITIES RELATING TO THE REGULATION
OF FOREIGN MISSIONS
Sec.
4301. Declaration of findings and policy.
4302. Definitions,
4303. Office of Foreign Missions.
(a) Establishment; Director; authority
over Director; rank of Director.
(b) Deputy Director.
(c) Functions of Director.
4304. Provision of benefits.
(a) Request by foreign mission; terms
and conditions as approved by Sec-
retary.
(b) Benefits through Director as manda-
tory; compliance with terms and
conditions.
(c) Surcharge or fee; waiver of recourse.
(d) Agent for waiver of recourse.
(e) Secret Service protection.
4304a. Enforcement of compliance with liability
insurance requirements.
(a) Notice to Director by head of foreign
mission of lapse or termination of
coverage report to Director by
head of foreign mission respecting
motor vehicles, vessels and aircraft
registered in United States.
(b) Surcharge or fee covering unsatisfied
part of judgment; preconditions for
imposition.
(c) Definitions.
4305. Property of foreign missions.
(a) Proposed acquisition, sale, or other
disposition.
Divestiture.
Cessation of diplomatic, consular, and
other governmental activities in
United States; protecting power or
other agent; disposition of proper-
ty.
4306. Location of foreign missions in the Dis-
trict of Columbia
(a) Selection as governing location, re-
placement. or expansion.
(b) Acceptable areas; limitations and
conditiona
(c) Filing of application with Board of
Zoning Adjustment; publication of
notice; public participation; final
determination.
(d) Criteria for determination.
(e) Consistency of regulations, proceed-
ings, and other actions; review and
(1)
(c)
Sec.
(0
(g)
? comment by National Planning
Commission.
Rule-making nature of proceedings.
Compliance with District of Columbia
building and related codes.
(h) Approval of Board of Zoning Adjust-
ment or Zoning Commission not
required.
(i) Membership on Zoning Commission
and Board of Zoning Adjustment.
(j) Application of other laws.
4307. Preemption.
4308. General provisions.
(a) Issuance of regulations.
(b) Discharge of obligation; liability.
(c) Use of employees !tom other Federal
agencies; experis and consultants.
(d) Contracts and stibcontracts for sup-
- plies and services; advertisement;
factors considered.
(e) Transfer or loan of property to or
from Office of Foreign Missions.
(0 Attachment, execution. etc., of assets.
(g) Discretion of Secretary.
(h) Transfer and credit of funds.
4309. Application to public international orga-
nizations and official missions to such
organizations.
4309a. United States responsibilities for employ-
ees of the United Nations.
(a) Findings.
(b) Activities of United Nations employ-
ees.
(c) Reports.
(d) United States nationals.
(e) Definitions.
4310. Privileges and immunities.
4311. Enforcement.
4312. Presidential guidelines.
4313. Severability.
4314. Extraordinary protective services.
(a) General authority.
(b) Requirements of extraordinary cir-
cumstances.
(c) Consultation with Congress before ob-
ligation of funds.
(d) Restrictions on use of funds.
(e) Period of agreement with State or lo-
cal authority. -
(0 Requirement for appropriations.
(g) Working capital fund.
? 4301. Declaration of findings and policy
(a) The Congress finds that the operation in the United States of foreign missions
and public international organizations and the official missions to such organizations,
including the permissible scope of their activities and the location and size of their
facilities, is a proper subject for the exercise of Federal jurisdiction.
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367 FOREIGN RELATIONS 22 ? 4303
including any real property of such a mission and including the personnel of such a
mission;
(5) "real property" includes any right, title, or interest in or to, or the
beneficial use of, any real property in the United States, including any office or
other building;
(6) "Secretary" means the Secretary of State;
(7) "sending State" means the foreign government,, territory, or political
entity represented by a foreign mission; and
(8) "United States" means, when used in a geographic sense, the several
States, the District of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States.
(b) Determinations with respect to the meaning and applicability of the terms
used in subsection (a) of this section shall be committed to the discretion of the
Secretary.
(Aug. 1, 1956, e. 841, Title II, ? 202, as added Aug. 24, 1982, Publ.,. 97-241, Title II, ? 202(b), 96
Stat. 283, and amended Pub.L. 99-93, Title I, ? 127(b), Aug. 16, 1985, 99 Stat. 418; Pub.L.
99-569, Title VII, ? 701, Oct. 27, 1987, 100 Stat. 3204.)
1985 Amendment. Subsec. (aX4). Pub. L.
99-93, ? 127(bX1), substituted "mission to or
agency in" for "official mission to" in the provi-
sions preceding subpar. (A).
Subsec. (a)(4X13). Pub. L. 99-93, ? 127(b)(2),
inserted "or which engages in some aspect of the
conduct of the international affairs of such territo-
ry or political entity".
Effective Date. Section effective Oct. 1, 1982,
see section 204 of Pub.L. 97-241, set out as a note
under section 4301 of this title.
Legislative History. For legislative history and
purpose of Pub.L. 97-241, see 1982 U.S. Code
Cong. and Adm. News, p. 651. Sec, also, Pub.L.
99-93, 1985 U.S. Code Cong. and Adm. News, p.
329; Pub.L. 99-569, 1986 U.S. Code Cong. and
Adm. News, p. 5327.
? 4303. Office of Foreign Missions
(a) Establishment; Director; authority over Director; rank of Director
The Secretary shall establish an Office of Foreign Missions as an office within the
Department of State. The Office shall be headed by a Director, appointed by the
President by and with the advice and consent of the Senate, who shall perform his or
her functions under the supervision and direction of the Secretary. The Secretary
may delegate this authority for supervision and direction of the Director only to the
Deputy Secretary of State or an Under Secretary of State. The Director shall have
the rank of ambassador.
(b) Deputy Director
There shall also be a Deputy Director of the Office of Foreign Missions. Either
the Director or the Deputy Director of such Office shall be an individual who has
served in the United States Foreign Service, while the other of the two shall be an
individual who has served in the United States Intelligence Community.
(c) Functions of Director
The Secretary may authorize the Director to-
(1) assist agencies of Federal, State, and municipal government with regard
to ascertaining and according benefits, privileges, and immunities to which a
foreign mission may be entitled;
(2) provide or assist in the provision of benefits for or on behalf of a foreign
mission in accordance with section 4304 of this title; and
(3) perform such other functions as the Secretary may determine necessary in
furtherance of the .policy of this chapter.
(Aug. 1. 1956, c. 841. Title II, ? 203, as added Aug. 24, 1982, Pub.L 97-241, Title II, ? 202(b), 96
Stat. 284, and amended Nov. 22, 1983, Title VI, ? 604(a) (b). 97 Stat. 1043. 1044; Nov. 8, 1984,
Pub.L 98-618, Title VI, ? 601(c), 98 Stat. 3303.)
1984 Amendment. Subsec. (a). Pub.L
98-618, ? 601(eX1), struck out requirements that
Director be an individual with: minimum of ten
years service in the Foreign Service, significant
administrative experience, and service in countries
wherein the United States has had significant
problems in assuring secure and efficient opera-
tions of its missions as result of the actions of
other countries.
Subsec. (b). Pub.L. 98-618, ? 601(cX2), sub-
stituted requirement of prior complementary ser-
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369 FOREIGN RELATIONS 22 ? 4304a
be deemed to be a waiver by the foreign mission (or the assignee of or other person
deriving rights from a foreign mission).
(e) Secret Service protection
Nothing in this chapter shall be deemed to preclude or limit in any way the
authority of the United States Secret Service to provide protective services pursuant
to section 202 of Title 3, or section 3056 of Title 18 at a level commensurate with
protective requirements as determined by the United States Secret Service.
(Aug. 1, 1956, c. 841, Title 11, ? 204, as added Aug. 24, 1982, Pub.L. 97-241, Title II, ? 202(b), 96
Stat- 284, and amended Pub.L. 99-93, Title I, ?? 126(b), 127(c), Aug. 16, 1985, 99 Stat. 418.)
1985 Amendments. Subscc. (b). Pub: L. 99-93
inserted "to forego the acceptance, use, or relation
of any benefit or" after "(B)" in the provisions
following par. (4).
Subscc. (c). Pub. L. 99-93, ? 126(b), substitut-
ed."Nothing in this chapter" for "Nothing in this
section".
Effective Date of 1985 Amendment. Amend-
ment by Pub. L 99-93 effective Oct. I. 1985, see
section 126(c) of Pub. L. 99-93, set out as a note
under section 4314 of this title.
Effective Date. Section effective Oct. 1, 1982,
see section 204 of Pub.L. 97-241, set out as a note
under section 4301 of this title.
Legislative History. For legislative history and
purpose of Pub.L. 97-241, sec 1982 U.S. Code
Cong. and Adm. News, p. 651. Ste, also, Pub.L,
99-93, 1985 U.S. Code Cong. and Adm. News, p.
329.
Library References
Ambassadors and Consuls S.
C.J.S. Ambassadors and Consuls ?? 26 to 30.
? 4304a. Enforcement of compliance with liability insurance requirements
(a) Notice to Director by head of foreign mission of lapse or termination of coverage; report
to Director by head of foreign mission respecting motor vehicles, vessels and aircraft
registered in United States
(1) The head of a foreign mission shall notify promptly the Director of the lapse
or termination of any liability insurance coverage held by a member of the mission,
by a member of the family of such member, or by an individual described in section
19 of the Convention on Privileges and Immunities of the United Nations of
February 13, 1946.
(2) Not later than February 1 of each year, the head of each foreign mission shall
prepare and transmit to the Director a report including a list of motor vehicles,
vessels, and aircraft registered in the United States by members of the mission,
members of the families of such members, individuals described in section 19 of the
Convention on Privileges and Immunities of the United Nations of February 13,
1946, and by the mission itself. Such list shall set forth for each such motor vehicle,
vessel, or aircraft?
(A) the jurisdiction in which it is registered;
(B) the name of the insured;
(C) the name of the insurance company;
(D) the insurance policy number and the extent of insurance coverage; and
(E) such other information as the Director may prescribe.
(b) Surcharge or fee covering unsatisfied part of judgment; preconditions for imposition
Whenever the Director finds that a member of a foreign mission, a member of the
family of such member, or an individual described in section 19 of the Convention on
Privileges and Immunities of the United Nations of February 13, 1946?
(1) is at fault for personal injury, death, or property damage arising out of
the operation of a motor vehicle, vessel, or aircraft in the United States,
(2) is not covered by liability insurance, and
(3) has not satisfied a court-rendered judgment against him or is not legally
liable,
the Director shall impose a surcharge or fee on the foreign mission of which such
member or individual is a part, amounting to the unsatisfied portion of the judgment
rendered against such member or individual or, if there is no court-rendered
judgment, an estimated amount of damages incurred by the victim. The payment of
any such surcharge or fee shall be available only for compensation of the victim or
his estate.
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371 FOREIGN RELATIONS
SubSec. (b){3). Pub.L. 99-93, ? 127(d), added
par. (3).
Pub.L. 99-93, ? 127(c)(3), substituted "The
foreign mission" for "If such a notification is
required, the foreign mission" in the provisions
preceding subpar. (A).
Effective Date. Section effective Oct. 1, 1982,
see section 204 of Pub.L. 97-241, set out as a note
undcr section 4301 of this title.
22 ? 4306
Legislative History. For legislative history and
purpose of Pub.L. 97-241, see 1982 U.S. Code
Cong. and Adm. News, p. 651. See, also, Pub.L.
99-93, 1985 U.S. Code Cong. and Adm. News,
329.
P.
Library References
Ambassadors and Consuls ?=.5.
C.J.S. Ambassadors and Consuls ?? 26 to 30.
? 4306. Location of foreign missions in the District of Columbia
(a) Section as governing location, replacement, or expansion
The location, replacement, or expansion of chanceries in the District of Columbia
shall be subject to this section.
(b) Acceptable areas; limitations and conditions
(1) A chancery shall be permitted to locate as a matter of right in any area which
is zoned commercial, industrial, waterfront, or mixed-use (CR).
(2) A chancery shall also be permitted to locate?
(A) in any area which is zoned medium-high or high density residential, and
(B) in any other area, determined on the basis of existing uses, which includes
office or institutional uses, including but not limited to any area zoned mixed-use
diplomatic or special purpose,
subject to disapproval by the District of Columbia Board of Zoning Adjustment in
accordance with this section.
(3) In each of the areas described in paragraphs (1) and (2), the limitations and
conditions applicable to chanceries shall not exceed those applicable to other office or
institutional uses .in that area.
(c) Filing of application with Board of Zoning Adjustment; publication of notice; public
participation; final determination '
(1) If a foreign mission wishes to locate a chancery in an area described in
subsection (b) (2) of this section, or wishes to appeal an administrative decision
relating to a chancery based in whole or in part upon any zoning map or regulation,
it shall file an application with the Board of Zoning Adjustment which shall publish
notice of that application in the District of Columbia Register.
(2) Regulations issued to carry out this section shall provide appropriate opportu-
nities for participation by the public in proceedings concerning the location, replace-
ment, or expansion of chanceries.
(3) A final determination concerning the location, replacement, or expansion of a
chancery shall be made not later than six months after the date of the filing of an
application with respect to such location, replacement, or expansion. Such determi-
nation shall not be subject to the administrative proceedings of any other agency or
official except as provided in this chapter.
(d) Criteria for determination
Any determination concerning the location of a chancery under subsection (b) (2) of
this secticin, or concerning an appeal of an administrative decision with respect to a
chancery based in whole or in part upon any zoning regulation or map, shall be based
solely on the following criteria-.
(I) The international obligation of the United States to facilitate the provision
of adequate and secure facilities for foreign missions in the Nation's Capital.
(2) Historic preservation, as determined by the Board of .Zoning Adjustment
in carrying out this section; and in order to ensure compatibility with historic
landmarks and districts, substantial compliance with District of Columbia and
Federal regulations governing historic preservation shall be required with
respect ? to new construction and to demolition of or alteration to historic
landmarks.
(3) The adequacy of off-street or other parking and the extent to which the
area will be served by public transportation to reduce parking requirements,
subject to such special security requirements as may be determined by the
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373 FOREIGN RELATIONS
22 ? 4308
with respect to chanceries only to the extent that they are consistent with this
section.
(Aug. 1, 1956, c. 841, Title II, ? 206, as added Aug. 24, 1982, Pub.L. 97-241, Title II, ? 202(b), 96
Stat. 286.)
Effective Date. Section effective Oct. 1, 1982, Library References
see section 204 of Pub.L. 97-241, set out as a note Ambassadors and Consuls e=a5.
under section 4301 of this title.
CIS. Ambassadors and Consuls ?? 26 to 30.
Legislative History. For legislative history and
purpose of Pub.L. 97-241. see, 1982 U.S. Code
Cong. and Adm. News, p. 651.
? 4307. Preemption
Notwithstanding any other law, no act of any Federal agency shall be effective to
confer or deny any benefit with respect to any foreign mission contrary to this
chapter. Nothing in section 4302, 4303, 4304, or 4305 of this title may be construed
to preempt any State or municipal law or governmental authority regarding zoning,
land use, health, safety, or welfare, except that a denial by the Secretary involving a
benefit for a foreign mission within the jurisdiction of a particular State or local
government shall be controlling.
(Aug. 1, 1956, C. 841, Title H, ? 207, as added Aug. 24, 1982, Pub.L. 97-241, Title II, ? 202(b), 96
Stat. 288.)
Effective Date. Section effective Oct. 1, 1982, Legislative History. For legislative history and
see section 204 of Pub.L. 97-241, set out as a note purpose of Pub.L 97-241, see 1982 U.S. Code
under section 4301 of this title. Cong. and Adrn. News, p. 651.
? 4308. General provisions
(a) Issuance of regulations
The Secretary may issue such regulations as the Secretary may determine neces-
sary to carry out the policy of this chapter.
(b) Discharge of obligation; liability
Compliance with any regulation, instruction, or direction issued by the Secretary
under this chapter shall to the extent thereof by a full acquittance and discharge for
all purposes of the obligation of the person making the same. No person shall be
held liable in any court or administrative proceeding for or with respect to anything
done or omitted in good faith in connection with the administration of, or pursuant to
and in reliance on, this chapter, or any regulation, instruction, or direction issued by
the Secretary under this chapter.
(c) Use of employees from other Federal agencies; experts and consultants
For purposes of administering this chapter?
(1) the Secretary may accept details and assignments of employees of Federal,
agencies to the Office of Foreign Missions on a reimbursable or nonreimbursa-
ble basis (with any such reimbursements to be credited to the appropriations
made available for the salaries and expenses of officers and employees of the
employing agency); and
(2) the Secretary may, to the extent necessary to obtain services without
delay, exercise his authority to employ experts and consultants under section
3109 of Title 5, without requiring compliance with such otherwise applicable
requirements for that employment as the Secretary may determine, except that
such employment shall be terminated after 60 days if by that time those
requirements are not complied with.
(d) Contracts and subcontracts for supplies and services; advertisement; factors considered
Contracts and subcontracts for supplies or services, including personal services,
made by or on behalf of the Director shall be made after advertising, in such manner
and at such times as the Secretary shall determine to be adequate to ensure notice
and opportunity for competition, except that advertisement shall not be required
when (1) the Secretary determines that it is impracticable or will not permit timely
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375 FOREIGN RELATIONS 22 ? 4309a
(2) an official mission (other than a United States mission) to such a public
international organization,
including any real property of such an organization or mission and including the
personnel of such an organization or mission.
(Aug. 1, 1956, c. 841, Title II, ? 209, as added Aug. 24, 1982, Pub.L. 97-241, Title II, ? 202(b), 96
Stat. 289.)
References in Text. The International Orga-
nizations Immunities Act, referred to in subsec.
(b)(1), is Act Dec. 29, 1945, c. 652, Title 1, 59
Stat. 669. as amended, which is classified princi-
pally to subchapter XVIII (? 288 et seq.) of chap-
ter 7 of this title. For complete classification of
that Act to the Code, see Short Title notc set out
under section 288 of this title and Tables.
Effective Date. Section effective Oct. 1, 1982,
. see section 204 of Pub.L. 97-241, set out as a note
under section 4301 of this title.
Legislative History. For legislative history and
purpose of Pub.L. 97-241, sec 1982 U.S. Code
Cong. and Adm. News, p. 651.
? 4309a. United States responsibilities for employees of the United Nations
(a) Findings
The Congress finds that?
(1) pursuant to the Agreement Between the United States and the United
Nations Regarding the Headquarters of the United Nations (authorized by
Public Law 80-357 (22 U.S.C. 287 note)), the United States has accepted?.
(A) the obligation to permit and to facilitate the right of individuals, who
are employed by or are authorized by the United Nations to conduct official
business in connection with that organization or its agencies, to enter into
and exit from the United States for purposes of conducting official activities
within the United Nations Headquarters District, subject to regulation as to
points of entry and departure; and
(I3') the implied obligation to permit and to facilitate the acquisition of
facilities in order to conduct such activities within or in proximity to the
United Nations Headquarters District, subject to reasonable regulation
including regulation of the location and size of such facilities; and
(2) taking into account paragraph (1) and consistent with the obligation of the
United States to facilitate the functioning of the United Nations, the United
States has no additional obligation to permit the conduct of any other activities,
including nonofficial activities, by such individuals outside of the United Nations
Headquarters District
(b) Activities of United Nations employees
(1) The conduct of any activities, or the acquisition of any benefits (as defined in
section 4301(a)(1) of this title), outside the United Nations Headquarters District by
any individual employed by, or authorized by the United Nations to conduct official
business in connection with, that organization or its agencies, or by any person or
agency acting on behalf thereof, may be permitted or denied or subject to reasonable
regulation, as determined to be in the best interests of the United States and
pursuant to this chapter.
(2) The Secretary shall apply to those employees of the United Nations Secretariat
who are nationals of a foreign country or members of a foreign mission all terms,
limitations, restrictions, and conditions which are applicable pursuant to this chapter
to the members of that country's mission or of any other mission to the United
Nations unless the Secretary determines and reports to the Congress that national
security and foreign policy circumstances require that this paragraph be waived in
Specific circumstances.
(e) Reports
The Secretary shall report to the Congress?
(1) not later than 30 dajs after August 16, 1985, on the plans of the Secretary
for implementing this section; and
(2) not later than 6 months thereafter, on the actions taken pursuant to those
plans.
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377 FOREIGN RELATIONS
22 ? 4314
Effective Date. Section effective Oct. 1, 1982, Legislative History. For legislative history and
sec section 204 of Pub.L. 97-241, set out as a note purpose of Pub.L. 97-241, see 1982 U.S. Code
under section 4301 of this title. Cong. and Adm. News, p. 651.
? 4313. Severability
If any provision of this chapter or the application thereof to any person or
circumstance is held invalid, the remainder of this chapter and the application of
such provision to any other person or circumstance shall not be affected thereby.
(Aug. 1, 1956, c. 841. Title 11, ? 213, as added Aug. 24, 1982, Pub.L. 97-241, Title II, ? 202(b), 96
Stat. 290.)
Effective Date. Section effective Oct. I. 1982, Legislative History. For legislative history and
see section 204 of Pub.L. 97-241, set out as a note purpose of Pub.L. 97-241, see 1982 U.S. Code
under section 4301 of this title. Cong. and Adm. News, p. 651.
? 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) 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 mea-
sures which exceed those which local law enforcement 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 jurisdic-
tions 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.
(0 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, c. 841, Title II, ? 214, as added Aug. 16, 1985, Publ.. 99-93, Title I, ? 126(a), 99
Stat. 417.)
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