USC Subchapter I

USC Subchapter I
in effect

22 U.S.C. § 4801 Findings and purposes

(a) FindingsThe Congress finds and declares that—(1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad; (2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and (3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities. (b) PurposesThe purposes of this chapter are—(1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad; (2) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs; (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority; (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks; (5) to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster; and (6) to provide authorization of appropriations for the Department of State to carry out its responsibilities in the area of security and counterterrorism, and in particular to finance the acquisition and improvements of United States Government missions abroad, including real property, buildings, facilities, and communications, information, and security systems.

22 U.S.C. § 4802 Responsibility of Secretary of State

(a) Security functions(1) The Secretary of State shall develop and implement (in consultation with the heads of other Federal agencies having personnel or missions abroad where appropriate and within the scope of the resources made available) policies and programs, including funding levels and standards, to provide for the security of United States Government operations of a diplomatic nature and foreign government operations of a diplomatic nature in the United States. Such policies and programs shall include—(A) protection of all United States Government personnel on official duty abroad (other than Voice of America correspondents on official assignment and those personnel under the command of a United States area military commander) and their accompanying dependents; (B) establishment and operation of security functions at all United States Government missions abroad (other than facilities or installations subject to the control of a United States area military commander); (C) establishment and operation of security functions at all Department of State facilities in the United States; and (D) protection of foreign missions, international organizations, and foreign officials and other foreign persons in the United States, as authorized by law. (2) Security responsibilities shall include the following:(A) Former Office of Security functionsFunctions and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985. (B) Security and protective operations(i) Establishment and operation of post security and protective functions abroad. (ii) Development and implementation of communications, computer, and information security. (iii) Emergency planning. (iv) Establishment and operation of local guard services abroad. (v) Supervision of the United States Marine Corps security guard program. (vi) Liaison with American overseas private sector security interests. (vii) Protection of foreign missions and international organizations, foreign officials, and diplomatic personnel in the United States, as authorized by law. (viii) Protection of the Secretary of State and other persons designated by the Secretary of State, as authorized by law. (ix) Physical protection of Department of State facilities, communications, and computer and information systems in the United States. (x) Conduct of investigations relating to protection of foreign officials and diplomatic personnel and foreign missions in the United States, suitability for employment, employee security, illegal passport and visa issuance or use, and other investigations, as authorized by law. (xi) Carrying out the rewards program for information concerning international terrorism authorized by section 2708(a) 11 See References in Text note below. of this title. (xii) Performance of other security, investigative, and protective matters as authorized by law. (C) Counterterrorism planning and coordinationDevelopment and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph. (D) Security technologyDevelopment and implementation of technical and physical security programs, including security-related construction, radio and personnel security communications, armored vehicles, computer and communications security, and research programs necessary to develop such measures. (E) Diplomatic courier serviceManagement of the diplomatic courier service. (F) Personnel trainingDevelopment of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section. (G) Foreign government trainingManagement and development of antiterrorism assistance programs to assist foreign government security training which are administered by the Department of State under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.). (b) Overseas evacuationsThe Secretary of State shall develop and implement policies and programs to provide for the safe and efficient evacuation of United States Government personnel, dependents, and private United States citizens when their lives are endangered. Such policies shall include measures to identify high risk areas where evacuation may be necessary and, where appropriate, providing staff to United States Government missions abroad to assist in those evacuations. In carrying out these responsibilities, the Secretary shall—(1) develop a model contingency plan for evacuation of personnel, dependents, and United States citizens from foreign countries; (2) develop a mechanism whereby United States citizens can voluntarily request to be placed on a list in order to be contacted in the event of an evacuation, or which, in the event of an evacuation, can maintain information on the location of United States citizens in high risk areas submitted by their relatives; (3) assess the transportation and communications resources in the area being evacuated and determine the logistic support needed for the evacuation; and (4) develop a plan for coordinating communications between embassy staff, Department of State personnel, and families of United States citizens abroad regarding the whereabouts of those citizens. (c) Oversight of posts abroad(1) The Secretary of State shall—(A) have full responsibility for the coordination of all United States Government personnel assigned to diplomatic or consular posts or other United States missions abroad pursuant to United States Government authorization (except for facilities, installations, or personnel under the command of a United States area military commander) 22 So in original. Probably should be followed by “; and”. (B) establish appropriate overseas staffing levels for all such posts or missions for all Federal agencies with activities abroad (except for personnel and activities under the command of a United States area military commander or regional inspector general offices under the jurisdiction of the inspector 33 So in original. Probably should be capitalized. General, Agency for International Development). (2) The Secretary of State shall notify the appropriate congressional committees within 10 days of any decision to retain authority over or approve decisions at an overseas post, including the movement of personnel. (d) Federal agencyAs used in this subchapter and subchapter III, the term “Federal agency” includes any department or agency of the United States Government.

22 U.S.C. § 4803 Designation of high risk, high threat posts

(a) Initial designationNot later than 30 days after December 16, 2016, the Department of State shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts. (b) Designations before opening or reopening postsBefore opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post. (c) Designating existing postsThe Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation. (d) DefinitionsIn this section:(1) Appropriate congressional committeesThe term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) High risk, high threat postThe term “high risk, high threat post” means a United States diplomatic or consular post or other United States mission abroad, as determined by the Secretary, that, among other factors—(A) is located in a country—(i) with high to critical levels of political violence and terrorism; and (ii) the government of which lacks the ability or willingness to provide adequate security; and (B) has mission physical security platforms that fall below the Department of State’s established standards.

22 U.S.C. § 4804 Briefings on embassy security

(a) BriefingThe Secretary shall provide monthly briefings to the appropriate congressional committees on—(1) progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so, including—(A) the importance and appropriateness of the objectives of the proposed post to the national security of the United States, the risk to United States national security of the post’s continued closure or suspension of operations, and the type and level of security threats such post could encounter; (B) working plans to expedite the approval and funding for establishing and operating such post, implementing physical security measures, providing necessary security and management personnel, and the provision of necessary equipment; (C) the type and level of security threats such post could encounter, and security “tripwires” that would determine specific action, including enhanced security measures or evacuation of such post, based on the improvement or deterioration of the local security environment; and (D) in coordination with the Secretary of Defense, an evaluation of available United States military assets and operational plans to respond to such posts in extremis; (2) personnel staffing and rotation cycles at high risk, high threat posts; (3) the current security posture at posts of particular concern as determined by such committees; and (4) the progress towards implementation of the provisions specified in title I of the Department of State Authorities Act, Fiscal Year 2017. (b) Congressional notification(1) In generalExcept as provided in paragraph (2), not later than 30 days before opening or reopening a high risk, high threat post, the Secretary shall notify the appropriate congressional committees of the decision to open or reopen such post. (2) Emergency circumstancesIf the Secretary determines that the national security interests of the United States require the opening or reopening of a high risk, high threat post in fewer than 30 days, then as soon as possible, but not later than 48 hours before such opening or reopening, the Secretary shall transmit to the appropriate congressional committees a notification detailing the decision to open or reopen such post, detailing the national security value of reopening such post, the nature of the critical national security interests at stake, and the circumstances that prevented the normal 30-day notice under paragraph (1). (c) Appropriate congressional committeesIn this section, the term “appropriate congressional committees” means—(1) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate.

22 U.S.C. § 4805 Cooperation of other Federal agencies

(a) AssistanceIn order to facilitate fulfillment of the responsibilities described in section 4802(a) of this title, other Federal agencies shall cooperate (through agreements) to the maximum extent possible with the Secretary of State. Such agencies may, with or without reimbursement, provide assistance to the Secretary, perform security inspections, provide logistical support relating to the differing missions and facilities of other Federal agencies, and perform other overseas security functions as may be authorized by the Secretary. Specifically, the Secretary may agree to delegate operational control of overseas security functions of other Federal agencies to the heads of such agencies, subject to the Secretary’s authority as set forth in section 4802(a) of this title. The agency head receiving such delegated authority shall be responsible to the Secretary in the exercise of the delegated operational control. (b) Other agenciesNothing contained in this chapter shall be construed to limit or impair the authority or responsibility of any other Federal, State, or local agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333. (c) Certain lease arrangementsThe Administrator of General Services is authorized to lease (to such extent or in such amounts as are provided in appropriation Acts) such amount of space in the United States as may be necessary for the Department of State to accommodate the personnel required to carry out this subchapter. The Department of State shall pay for such space at the rate established by the Administrator of General Services for space and related services.

22 U.S.C. § 4806 Protection of foreign consulates

The Secretary of State shall take into account security considerations in making determinations with respect to accreditation of all foreign consular personnel in the United States.

22 U.S.C. § 4807 Establishment of Visa and Passport Security Program in the Department of State

(a) EstablishmentThere is established, within the Bureau of Diplomatic Security of the Department of State, the Visa and Passport Security Program (in this section referred to as the “Program”). (b) Preparation of strategic plan(1) In generalThe Assistant Secretary for Diplomatic Security, in coordination with the appropriate officials of the Bureau of Consular Affairs, the coordinator for counterterrorism, the National Counterterrorism Center, and the Department of Homeland Security, and consistent with the strategy mandated by section 7201,11 See References in Text note below. shall ensure the preparation of a strategic plan to target and disrupt individuals and organizations, within the United States and in foreign countries, that are involved in the fraudulent production, distribution, use, or other similar activity—(A) of a United States visa or United States passport; (B) of documents intended to help fraudulently procure a United States visa or United States passport, or other documents intended to gain unlawful entry into the United States; or (C) of passports and visas issued by foreign countries intended to gain unlawful entry into the United States. (2) EmphasisThe strategic plan shall—(A) focus particular emphasis on individuals and organizations that may have links to domestic terrorist organizations or foreign terrorist organizations (as such term is defined in section 1189 of title 8); (B) require the development of a strategic training course under the Antiterrorism Assistance Training (ATA) program of the Department of State (or any successor or related program) under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) to train participants in the identification of fraudulent documents and the forensic detection of such documents which may be used to obtain unlawful entry into the United States; and (C) determine the benefits and costs of providing technical assistance to foreign governments to ensure the security of passports, visas, and related documents and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents to obtain such passports and visas, and other types of travel documents. (c) Program(1) Individual in charge(A) DesignationThe Assistant Secretary for Diplomatic Security shall designate an individual to be in charge of the Program. (B) QualificationThe individual designated under subparagraph (A) shall have expertise and experience in the investigation and prosecution of visa and passport fraud. (2) Program componentsThe Program shall include the following:(A) Analysis of methodsAnalyze, in coordination with other appropriate government agencies, methods used by terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter foreign countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of Homeland Security on recommended changes to the visa issuance process that could combat such methods, including the introduction of new technologies into such process. (B) Identification of individuals and documentsIdentify, in cooperation with the Human Trafficking and Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of travel documents, and ensure that the appropriate agency is notified for further investigation and prosecution or, in the case of such individuals abroad for which no further investigation or prosecution is initiated, ensure that all appropriate information is shared with foreign governments in order to facilitate investigation, arrest, and prosecution of such individuals. (C) Identification of foreign countries needing assistanceIdentify foreign countries that need technical assistance, such as law reform, administrative reform, prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and related document security and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of travel documents. (D) Inspection of applicationsRandomly inspect visa and passport applications for accuracy, efficiency, and fraud, especially at high terrorist threat posts, in order to prevent a recurrence of the issuance of visas to those who submit incomplete, fraudulent, or otherwise irregular or incomplete applications. (d) ReportNot later than 90 days after the date on which the strategy required under section 7201 1 is submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report containing—(1) a description of the strategic plan prepared under subsection (b); and (2) an evaluation of the feasibility of establishing civil service positions in field offices of the Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether to allow diplomatic security agents to convert to civil service officers to fill such positions.

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