TITLE 22 - US CODE - SUBCHAPTER I - GENERALLY
22 USC 4801 - Findings and purposes
(a) Findings
The Congress finds and declares that
The 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.
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(b) Purposes
The purposes of this chapter are
The 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 and to provide for the accountability of United States Government personnel with security-related responsibilities;
(4) 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
(5) 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 USC 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 functions
Functions and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985.
Functions 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)1 of this title.
(xii) Performance of other security, investigative, and protective matters as authorized by law.
(C) Counterterrorism planning and coordination
Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph.
Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph.
(D) Security technology
Development 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.
Development 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 service
Management of the diplomatic courier service.
Management of the diplomatic courier service.
(F) Personnel training
Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section.
Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section.
(b) Overseas evacuations
The 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
The 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
The Secretary of State shall
The Secretary of State shall
(1) 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)[2]
(2) 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[3] General, Agency for International Development).
(d) Federal agency
As used in this subchapter and subchapter III of this chapter, the term Federal agency includes any department or agency of the United States Government.
As used in this subchapter and subchapter III of this chapter, the term Federal agency includes any department or agency of the United States Government.
4803, 4804. Repealed. Pub. L. 103236, title I, 162(g)(3), (4), Apr. 30, 1994, 108 Stat. 407
Section 4803, Pub. L. 99–399, title I, § 104(a), Aug. 27, 1986, 100 Stat. 856, established Bureau of Diplomatic Security in Department of State. Section 4804, Pub. L. 99–399, title I, § 105, Aug. 27, 1986, 100 Stat. 856, set out responsibilities of Assistant Secretary of State for Diplomatic Security.
22 USC 4805 - Cooperation of other Federal agencies
(a) Assistance
In 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 Secretarys 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.
In 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 Secretarys 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 agencies
Nothing 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.
Nothing 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 arrangements
The 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.
The 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 USC 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 USC 4807 - Establishment of Visa and Passport Security Program in the Department of State
(a) Establishment
There 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).
There 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 general
The 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 7201,1 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
The 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 7201,1 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) Emphasis
The strategic plan shall
The 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) Designation
The Assistant Secretary for Diplomatic Security shall designate an individual to be in charge of the Program.
The Assistant Secretary for Diplomatic Security shall designate an individual to be in charge of the Program.
(B) Qualification
The individual designated under subparagraph (A) shall have expertise and experience in the investigation and prosecution of visa and passport fraud.
The individual designated under subparagraph (A) shall have expertise and experience in the investigation and prosecution of visa and passport fraud.
(2) Program components
The Program shall include the following:
The Program shall include the following:
(A) Analysis of methods
Analyze, 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.
Analyze, 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 documents
Identify, 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.
Identify, 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 assistance
Identify 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.
Identify 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 applications
Randomly 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.
Randomly 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) Report
Not later than 90 days after the date on which the strategy required under section 72011 is submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report containing
Not later than 90 days after the date on which the strategy required under section 72011 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) of this section; 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.
[1] See References in Text note below.