References in Text
This chapter, referred to in subsec. (b), was in the original “titles I through IV”, meaning titles I through IV of Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 855, known as the Diplomatic Security Act, which are classified principally to this chapter. For complete classification of titles I through IV of Pub. L. 99–399 to the Code, see
Short Title
note set out below and Tables.
Amendments
2022—Subsec. (b)(3). Pub. L. 117–263, § 9302(c)(1)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to promote strengthened security measures and to provide for the accountability of United States Government personnel with security-related responsibilities;”. Subsec. (b)(4) to (6). Pub. L. 117–263, § 9302(c)(1)(B), (C), added par. (4) and redesignated pars. (4) and (5) as (5) and (6), respectively. 1994—Subsec. (b)(2) to (6). Pub. L. 103–236 struck out par. (2) and redesignated pars. (3) to (6) as (2) to (5), respectively. Prior to amendment, par. (2) read as follows: “to provide for an Assistant Secretary of State to head the Bureau of Diplomatic Security of the Department of State, and to set forth certain provisions relating to the Diplomatic Security Service of the Department of State;”. 1990—Subsec. (b)(5), (6). Pub. L. 101–246 added par. (5) and redesignated former par. (5) as (6).
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders,
Regulations
, or departmental directives implementing the
Amendments
by
section 161 and
162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see
section 161(b) of Pub. L. 103–236, as amended, set out as a note under
section 2651a of this title.
Short Title
of 2022 Amendment Pub. L. 117–263, div. I, title XCIII, § 9301(a), Dec. 23, 2022, 136 Stat. 3879, provided that: “This section [amending
section 4865 of this title, enacting provisions set out as a note under
section 4865 of this title, and amending provisions set out as notes under
section 1475g and
4865 of this title] may be cited as the ‘Secure Embassy
Construction
and Counterterrorism Act of 2022’.” Pub. L. 117–263, div. I, title XCIII, § 9302(a), Dec. 23, 2022, 136 Stat. 3882, provided that: “This section [amending this section and
section 4003, 4804, and 4831 to 4835 of this title and enacting provisions set out as a note under this section] may be cited as the ‘Diplomatic Support and Security Act of 2022’.”
Short Title
of 1999 Amendment Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 601], Nov. 29, 1999, 113 Stat. 1536, 1501A–451, provided that: “This title [enacting
section 4865 of this title, amending
section 4831 of this title, and enacting provisions set out as notes under
section 4865 of this title] may be cited as the ‘Secure Embassy
Construction
and Counterterrorism Act of 1999’.”
Short Title
Pub. L. 99–399, § 1, Aug. 27, 1986, 100 Stat. 853, provided that: “This Act [enacting this chapter and
section 2656e, 2711, 2712, 2780, 3244, and 4901 to 4904 of this title,
section 5569 and
5570 of Title 5, Government Organization and Employees,
section 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces,
section 2331 of Title 18, Crimes and Criminal Procedure,
section 1226 of Title 33, Navigation and Navigable Waters,
section 559 and
1013 of Title 37, Pay and Allowances of the Uniformed Services,
section 2160b, 2160c, and 2169 of Title 42, The Public Health and Welfare, and sections
1801 to
1809 of Title 46, Appendix, Shipping, amending
section 300, 2151a, 2349aa–2, 2349aa–4, 2349aa–7, 2502, 2652, 2708, 3929, and 3929a of this title,
section 208 of Title 3, The President,
section 5315 and
6325 of Title 5,
section 2 and
11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5,
section 793, 794, and 3671 of Title 18, and
section 4605 of Title 50, War and National Defense, enacting provisions set out as notes under
section 2708 and
4901 of this title,
section 5569 of Title 5,
section 133, 1051, 1095, and 2181 of Title 10,
section 559 of Title 37,
section 2169 of Title 42, and
section 1801 of Title 46, Appendix, and amending a provision set out as a note under
section 2651 of this title] may be cited as the ‘Omnibus Diplomatic Security and Antiterrorism Act of 1986’.” Pub. L. 99–399, title I, § 101, Aug. 27, 1986, 100 Stat. 855, provided that: “Titles I through IV of this Act [enacting this chapter and amending
section 300, 2349aa–4, 2652, 3929, and 3929a of this title,
section 208 of Title 3, The President,
section 5315 of Title 5, Government Organization and Employees, and
section 2 and
11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5] may be cited as the ‘Diplomatic Security Act’.” Findings Pub. L. 117–263, div. I, title XCIII, § 9302(b), Dec. 23, 2022, 136 Stat. 3882, provided that: “Congress makes the following findings: “(1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. “(2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. “(3) The Department [of State] has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. “(4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. “(5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. “(6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security,
Construction
, and maintenance, the Department should be able to ensure a robust overseas presence without inhibiting the ability of diplomats to—“(A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; “(B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; “(C) provide United States citizen services; and “(D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. “(7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence.”