e. U.S. Secret Service

(1) Protection of Foreign Diplomatic Missions by the U.S. Secret Service

3 U.S.C. 202 (added by Act of June 25, 1948, 62 Stat. 680), and 208 (added by Public Law 94-196 [H.R. 11184], 89 Stat. 1109, approved December 31, 1975); amended by Public Law 97-418 [H.R. 6254], 96 Stat. 2089, approved January 4, 1983; Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99–399 [H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public Law 102-499 [H.R. 6047], 106 Stat. 3264, approved October 24, 1992

§ 202. United States Secret Service Uniformed Division; establishment, control, and supervision; privileges, powers, and duties

There is hereby created and established a permanent police force, to be known as the "United States Secret Service Uniformed Division". Subject to the supervision of the Secretary of the Treasury, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following: * *

(5) foreign diplomatic missions located in the metropolitan area of the District of Columbia; * * *

(8) foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only (A) on the basis of extraordinary protective need, (B) upon request of the affected metropolitan area, and (C)2 when the extraordinary protective need arises at or in association with a visit to (i) a permanent mission to, or an observer mission invited to participate in the work of, an international organization of which the United States is a member; or (ii) an international organization of which the United States is a member, except that such protection may also be provided for motorcades and at other places associated with any such visit and may be extended at places of temporary domicile in connection with any such visit;

1 Sec. 135(b)(5) of Public Law 102-138 provided the following.

"Protective services provided by a State or local government at any time during the period beginning on January 1, 1989, and ending on September 30, 1991, which were performed in connection with visits described in section 202(8) of title 3, United States Code, as amended by this subsection, shall be deemed to be reimbursement obligations entered into pursuant to section 208(a) of that title as if the amendment made by paragraph (1) of this subsection (amending this section) was in effect during that period and the services had been requested by the Secretary of State.".

2 Sec. 135(bX1) of Public Law 102-138 amended and restated subclause (C).

(9)3 foreign consular and diplomatic missions located in such areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct; and

(10)4 visits of foreign government officials to metropolitan areas (other than the District of Columbia) where there are located 20 or more consular or diplomatic missions staffed by accredited personnel, including protection for motorcades and at other places associated with such visits when such officials are in the United States to conduct official business with the United States Government.5 The members of such force shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.

§ 208. Reimbursement of State and local governments

(a) In carrying out the functions pursuant to sections 202(8) and 202(10),6 the Secretary of Treasury may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Treasury may carry out the functions pursuant to sections 202(8) and 202(10)6 by contract.7 The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under sections 202(8) and 202(10),6 the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.8

(b) There is authorized to be appropriated, in addition to such sums as have been heretofore appropriated under this section—

(1) $10,000,0009 for each fiscal year beginning after September 30, 1991,10 for the payment of reimbursement obligations entered into under subsection (a) without regard to the fiscal year such obligations were entered into, including obligations entered into before such date; 11 and

(2) $8,000,000 12 for the payment of reimbursement obligations entered into under subsection (a) before October 1,

3 Sec. 135(bX2) of Public Law 102-138 amended and restated clause (9). Sec. 135(bX3) of Public Law 102-138 added clause (1).

Sec. 3(a) of Public Law 102-499 (106 Stat. 3264) substituted "when such officials are in the United States to conduct official business with the United States Government" in lieu of ", pursuant to invitations of the United States Government".

Sec. 135(c) of Public Law 102-138 (105 Stat. 667) struck out "section 202(7)" and inserted in lieu thereof "sections 202(8) and 202(1)" throughout subsec. (a).

?Sec. 126(c) of Public Law 99-93 (99 Stat. 418) added this sentence.

Sec. 410 of Public Law 99-399 (100 Stat. 866) added the last sentence in subsec. (a).

Sec. 135(aX1XA) of Public Law 102-138 (105 Stat. 666) struck out "$7,000,000" and inserted in lieu thereof "$10,000,000". Previously, sec. 1(b) of Public Law 97-418 (96 Stat. 2089) amended and restated subsec. (b), which had originally authorized appropriations of not more than $3,500,000 for any fiscal year.

10 Sec. 135 aX1XB) of Public Law 102-138 (105 Stat. 666) struck out "1982" and inserted in lieu thereof "1991".

11 Sec. 135(aX1XC) of Public Law 102-138 (105 Stat. 666) struck out "after such date" and inserted in lieu thereof "without regard to the fiscal year such obligations were entered into, including obligations entered into before such date".

12 Sec. 135(aX3XA) of Public Law 102-138 (105 Stat. 666) struck out "$17,700,000" and inserted in lieu thereof "$8,000,000".

88-541 95-49

1991,13 except that not more than $4,000,000 of this amount shall be obligated or expended during fiscal year 1992.14 Amounts appropriated under this subsection shall remain available until expended.

13 Sec. 135(aX3XB) of Public Law 102-138 (105 Stat. 666) struck out “1982" and inserted in lieu thereof "1991".

14 Sec. 135(aX3XC) of Public Law 102-138 (105 Stat. 666) inserted at the end of the sentence "except that not more than $4,000,000 of this amount shall be obligated or expended during fiscal year 1992".

(2) Transfer of Authority to the Secretary of State To Make Reimbursements for Protection of Foreign Missions to International Organizations

Executive Order 12478, May 23, 1984, 49 F.R. 22053

By authority vested in me as President by the Constitution and statutes of the United States of America, and in accordance with the provisions of the Act of December 31, 1975, Public Law 94-196 (89 Stat. 1109), codified as sections 202(7) and 208(a) of Title 3, United States Code, as amended, it is hereby ordered as follows: Section 1. There is transferred to the Secretary of State authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to section 202(7), and the authority to make reimbursements to State and local governments for services, personnel, equipment, and facilities pursuant to section 208(a) of Title 3, United States Code;

Sec. 2. There are transferred to the Secretary of State such unexpended moneys as may have been appropriated to the Department of the Treasury for the purpose of permitting reimbursements to be made under the provisions of section 208(a) of Title 3, United States Code;

Sec. 3. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of 1982; authority available under that Act may also be applied to any foreign mission to which section 202(7) applies; and

Sec. 4. This Order shall be effective on October 1, 1984.

f. Foreign Sovereign Immunities Act of 19761

Public Law 94–583 [H.R. 11315], 90 Stat. 2891, approved October 21, 1976

AN ACT To define the jurisdiction of United States courts in suits against foreign states, the circumstances in which foreign states are immune from suit and in which execution may not be levied on their property, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Sovereign Immunities Act of 1976".

SEC. 2. (a) That chapter 85 of title 28, United States Code, is amended by inserting immediately before section 1331 the following new section:

"§ 1330. Actions against foreign states

"(a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personae with respect to which the foreign state is not entitled to immunity either under sections 1605-1607 of this title or under any applicable international agreement.

"(b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title.

"(c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 1605-1607 of this title.”.

(b) By inserting in the chapter analysis of that chapter before

"1331. Federal question; amount in controversy; costs."

the following new item:

"1330. Actions 2 against foreign states.".

SEC. 3. That section 1332 of title 28, United States Code, is amended by striking subsections (a)(2) and (3) and substituting in their place the following:

"(2) citizens of a State and citizens or subjects of a foreign state;

"(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and

1 While this Act has never been amended, the various sections of title 28, U.S.C. contained herein were substantially amended by the Foreign Sovereign Immunities Act, Amendments (Public Law 100-640; 102 Stat. 3333); Implementation of the Inter-American Convention on International Commercial Arbitration Act (Public Law 100-669; 102 Stat. 3969); and the Judicial Improvements and Access to Justice Act (Public Law 100-702; 102 Stat. 4642). These amendments have been incorporated into this Act.

2 Sec. 1020 aX7) of Public Law 100-702 (102 Stat. 4672) amended "Action" to read "Actions".