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

Federal law — U.S. Code and appendices · legal_authorities

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

**(a) Findings** 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. **(b) Purposes** 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, 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 liv

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Stable record: federal_law:legal_authorities:record_usc_48000d4d57eb88f8b5c8ab3c
Source file: Laws/federal/codes/united-states-code/title-22/section-4801-findings-and-purposes--55f63ca222.md
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Source location: Title 22, Chapter 58, § 4801; chapter-058-diplomatic-security.md

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**(a) Findings** 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. **(b) Purposes** 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, 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4865 — Security requirements for United States diplomatic facilities

**(a) In general** The following security requirements shall apply with respect to United States diplomatic facilities and specified personnel: (1) **Threat assessment** (A) *Emergency Action Plan* — The Emergency Action Plan (EAP) of each United States mission shall address a range of threats, including that of large explosive attacks from vehicles and from complex attacks (as such term is defined in [section 4866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4866&num=0&edition=prelim)), and the safety of employees during such an explosive attack or such a complex attack. Such plan shall be reviewed and updated annually. (B) *Security Environment Threat List* — The Security Environment Threat List shall contain a section that addresses potential acts of international terrorism against United States diplomatic facilities based on threat identification criteria that emphasize the threat of transnational terrorism and include the local security environment, host government support, and other relevant factors such as cultural realities. Such plan shall be reviewed and updated every six months. (2) **Site selection** (A) *In general* — In selecting a site for any new United States diplomatic facility abroad in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion, the Secretary shall ensure that all United States Government personnel at the post (except those under the command of an area military commander, personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify) will be located on the site. (B) *Waiver authority* (i) *In general* — Subject to clause (ii), the Se

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1226 — Transferred

### Statutory Notes #### Codification Section was comprised of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, as amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to [section 70116 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70116&num=0&edition=prelim), Shipping, by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264. Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to [section 70103 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim) by Pub. L. 115–282, title IV, § 402(c)(1), Dec. 4, 2018, 132 Stat. 4264. Pub. L. 115–282, title IV, § 408(a), (d)(1), Dec. 4, 2018, 132 Stat. 4268, concurrently redesignated and transferred subsections (a) and (b) of section 7 of Pub. L. 92–340 to [section 70102a of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70102a&num=0&edition=prelim) and identically redesignated subsection (c) of section 7 of Pub. L. 92–340 as subsec. (f) and transferred it to [section 70103 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim). However, Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), (7), Jan. 1, 2021, 134 Stat. 4754, subsequently repealed section 408 of Pub. L. 115–282, effective on the date of enactment of Pub. L. 115–282 (Dec. 4, 2018), and provided that the provisions of law redesignated, transferred, or otherwise amended by such section 408 were amended to read as if that section had not been enacted. #### Prior Provisions A prior section 1226, Pub. L. 92–340, § 7, formerly title I, §

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4831 — Security Review Committees

**(a) In general** (1) **Convening the Security Review Committee** — In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this subchapter as a “Serious Security Incident”), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with [section 4834 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4834&num=0&edition=prelim). (2) **Committee composition** — The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. (3) **Exceptions to convening a Security Review Committee** (A) *In general* — The Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651a — Organization of Department of State

**(a) Secretary of State** (1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the “Secretary”). (2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate. (3) (A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President. (B) (i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. (ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers. (4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions. **(b) Under Secretaries** (1) **In general** — There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall b

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651 — Establishment of Department

There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2169 — Fingerprinting for criminal history record checks

**(a) In general** (1) (A) (i) The Commission shall require each individual or entity described in clause (ii) to fingerprint each individual described in subparagraph (B) before the individual described in subparagraph (B) is permitted access under subparagraph (B). (ii) The individuals and entities referred to in clause (i) are individuals and entities that, on or before the date on which an individual is permitted access under subparagraph (B)— (I) are licensed or certified to engage in an activity subject to regulation by the Commission; (II) have filed an application for a license or certificate to engage in an activity subject to regulation by the Commission; or (III) have notified the Commission in writing of an intent to file an application for licensing, certification, permitting, or approval of a product or activity subject to regulation by the Commission. (B) The Commission shall require to be fingerprinted any individual who— (i) is permitted unescorted access to— (I) a utilization facility; or (II) radioactive material or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks; or (ii) is permitted access to safeguards information under [section 2167 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2167&num=0&edition=prelim). (2) All fingerprints obtained by an individual or entity as required in paragraph (1) shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history records check. (3) The costs of an identifica

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5569 — Benefits for captives

**(a)** For the purpose of this section— (1) “captive” means any individual in a captive status commencing while such individual is— (A) in the Civil Service, or (B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); (2) “captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government; (3) “missing status”— (A) in the case of an employee, has the meaning provided under [section 5561(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); and (B) in the case of an individual other than an employee, has a similar meaning; and (4) “family member”, as used with respect to a person, means— (A) any dependent of such person; and (B) any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under [section 5563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Suc

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 559 — Benefits for members held as captives

**(a)** In this section: (1) The term “captive status” means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity. (2) The term “former captive” means a person who, as a member of the uniformed services, was held in a captive status. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly. (3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of [section 553(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553/c&num=0&edition=prelim) and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish. (4) Any interest accruing under this subsection on— (A) any amount for which a member is indebted to the U

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2331 — Definitions

As used in this chapter— (1) the term “international terrorism” means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; (2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; (3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property; (4) the term “act of war” means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin; (5) the term “domestic terrorism” means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a gover

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