22 U.S.C. § 4314 | Extraordinary protective services

(a)

General authority

section 3056A of title 18The Secretary may provide extraordinary protective services for foreign missions directly, by contract, or through State or local authority to the extent deemed necessary by the Secretary in carrying out this chapter, except that the Secretary may not provide under this section any protective services for which authority exists to provide such services under subsections (a)(7) and (d) of .

(b)

Requirement of extraordinary circumstances

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

The Secretary may provide funds to a State or local authority for protective services under this section only if the Secretary has determined that a threat of violence, or other circumstances, exists which requires extraordinary security measures which exceed those which local law enforcment  agencies can reasonably be expected to take.

(c)

Pub. L. 103–236, title I, § 139(2)Apr. 30, 1994108 Stat. 397 Repealed. , ,

(d)

Restrictions on use of funds

Of the funds made available for obligation under this section in any fiscal year—

(1)

not more than 20 percent may be obligated for protective services within any single State during that year; and

(2)

not less than 15 percent shall be retained as a reserve for protective services provided directly by the Secretary or for expenditures in local jurisdictions not otherwise covered by an agreement for protective services under this section.

The limitations on funds available for obligation in this subsection shall not apply to unobligated funds during the final quarter of any fiscal year.

(e)

Period of agreement with State or local authority

Any agreement with a State or local authority for the provision of protective services under this section shall be for a period of not to exceed 90 days in any calendar year, but such agreements may be renewed after review by the Secretary.

(f)

Requirement for appropriations

Contracts may be entered into in carrying out this section only to such extent or in such amounts as are provided in advance in appropriation Acts.

(g)

Working capital fund

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

Aug. 1, 1956, ch. 841 Pub. L. 99–93, title I, § 126(a)Aug. 16, 198599 Stat. 417 Pub. L. 103–236, title I, § 139(2)Apr. 30, 1994108 Stat. 397 Pub. L. 109–177, title VI, § 605(d)(3)Mar. 9, 2006120 Stat. 255(, title II, § 214, as added , , ; amended , , ; , (e)(2)(C), , .)

Editorial Notes

Amendments

Pub. L. 109–177, § 605(e)(2)(C)section 3056A of title 182006—Subsec. (a). , substituted “subsections (a)(7) and (d) of ” for “sections 202(7) and 208 of title 3”.

Pub. L. 109–177, § 605(d)(3)Pub. L. 109–177, § 605(e)(2)(C), which directed amendment of section 214(a) of the State Department Basic Authorities Act by substituting “section 3056A(a)(7) and (d) of title 18” for “sections 202(8) and 208 of title 3”, was not executed because this section, which is section 214 of the State Department Basic Authorities Act of 1956, did not contain the words “sections 202(8) and 208 of title 3” and because of the amendment by . See note above.

Pub. L. 103–2361994—Subsec. (c). struck out subsec. (c) which read as follows: “Funds may be obligated under this section only after regulations to implement this section have been issued by the Secretary after consultation with appropriate committees of the Congress.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–93, title I, § 126(e)Aug. 16, 198599 Stat. 418

section 4304 of this title section 208 of Title 3October 1, 1985“The amendments made by this section [enacting this section and amending and , The President] shall take effect on .”

, , , provided that: