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

Page 1613 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4805 ures 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 com- mittees; and (4) the progress towards implementation of the provisions specified in title I of the De- partment of State Authorities Act, Fiscal Year 2017. (b) Congressional notification (1) In general Except 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 circumstances If the Secretary determines that the na- tional 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 de- tailing the decision to open or reopen such post, the nature of the critical national secu- rity interests at stake, and the circumstances that prevented the normal 30-day notice under paragraph (1). (c) Appropriate congressional committees In this section, the term ‘‘appropriate congres- sional 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 Com- mittee on Appropriations of the Senate. (Pub. L. 99–399, title I, § 105, as added Pub. L. 114–323, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1908; amended Pub. L. 117–263, div. I, title XCIII, § 9302(c)(2), Dec. 23, 2022, 136 Stat. 3884.) Editorial Notes REFERENCES IN TEXT Title I of the Department of State Authorities Act, Fiscal Year 2017, referred to in subsec. (a)(4), is title I of Pub. L. 114–323, Dec. 16, 2016, 130 Stat. 1907, which en- acted this section and sections 304, 2679d, 4803, and 4866 to 4868 of this title, amended sections 292, 295, 2701, 4834, 4864, and 4865 of this title, enacted provisions set out as notes under sections 4802 and 4834 of this title, and amended provisions set out as a note under section 4865 of this title. PRIOR PROVISIONS A prior section 4804, Pub. L. 99–399, title I, § 105, Aug. 27, 1986, 100 Stat. 856, set out responsibilities of Assist- ant Secretary of State for Diplomatic Security, prior to repeal by Pub. L. 103–236, title I, § 162(g)(4), Apr. 30, 1994, 108 Stat. 407. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–263, § 9302(c)(2)(A), in introductory provisions, substituted ‘‘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’’ for ‘‘any plans to open or reopen a high risk, high threat post’’. Subsec. (a)(1)(A). Pub. L. 117–263, § 9302(c)(2)(B), in- serted ‘‘the risk to United States national security of the post’s continued closure or suspension of oper- ations,’’ after ‘‘national security of the United States,’’. Subsec. (a)(1)(C). Pub. L. 117–263, § 9302(c)(2)(C), in- serted ‘‘the type and level of security threats such post could encounter, and’’ before ‘‘security ‘tripwires’ ’’. § 4805. Cooperation of other Federal agencies (a) Assistance In order to facilitate fulfillment of the respon- sibilities 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 agen- cies may, with or without reimbursement, pro- vide assistance to the Secretary, perform secu- rity inspections, provide logistical support re- lating to the differing missions and facilities of other Federal agencies, and perform other over- seas 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 Sec- retary’s authority as set forth in section 4802(a) of this title. The agency head receiving such del- egated authority shall be responsible to the Sec- retary in the exercise of the delegated oper- ational control. (b) Other agencies Nothing contained in this chapter shall be construed to limit or impair the authority or re- sponsibility of any other Federal, State, or local agency with respect to law enforcement, domes- tic security operations, or intelligence activities as defined in Executive Order 12333. (c) Certain lease arrangements The Administrator of General Services is au- thorized 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. (Pub. L. 99–399, title I, § 106, Aug. 27, 1986, 100 Stat. 857.) Editorial Notes 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 Page 1614 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4806 1 See References in Text note below. 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 under section 4801 of this title and Tables. Executive Order 12333, referred to in subsec. (b), is Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note under section 3001 of Title 50, War and Na- tional Defense. § 4806. Protection of foreign consulates The Secretary of State shall take into account security considerations in making determina- tions with respect to accreditation of all foreign consular personnel in the United States. (Pub. L. 99–399, title I, § 107, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(5), Apr. 30, 1994, 108 Stat. 407.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–236 substituted ‘‘The Secretary of State shall take into account security considerations’’ for ‘‘The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplo- matic Security’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 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. § 4807. Establishment of Visa and Passport Secu- rity Program in the Department of State (a) Establishment There is established, within the Bureau of Dip- lomatic 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 Se- curity, in coordination with the appropriate officials of the Bureau of Consular Affairs, the coordinator for counterterrorism, the Na- tional Counterterrorism Center, and the De- partment of Homeland Security, and con- sistent with the strategy mandated by section 7201,1 shall ensure the preparation of a stra- tegic 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 fraudu- lently 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— (A) focus particular emphasis on individ- uals and organizations that may have links to domestic terrorist organizations or for- eign 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 As- sistance Training (ATA) program of the De- partment of State (or any successor or re- lated 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 identi- fication of fraudulent documents and the fo- rensic detection of such documents which may be used to obtain unlawful entry into the United States; and (C) determine the benefits and costs of pro- viding technical assistance to foreign gov- ernments to ensure the security of pass- ports, visas, and related documents and to investigate, arrest, and prosecute individ- uals who facilitate travel by the creation of false passports and visas, documents to ob- tain 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. (B) Qualification The individual designated under subpara- graph (A) shall have expertise and experi- ence in the investigation and prosecution of visa and passport fraud. (2) Program components The Program shall include the following: (A) Analysis of methods Analyze, in coordination with other appro- priate government agencies, methods used by terrorists to travel internationally, par- ticularly the use of false or altered travel documents to illegally enter foreign coun- tries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of Homeland Security on rec- ommended changes to the visa issuance process that could combat such methods, in- cluding the introduction of new technologies into such process. (B) Identification of individuals and docu- ments Identify, in cooperation with the Human Trafficking and Smuggling Center, individ- uals 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 fur- ther investigation and prosecution or, in the case of such individuals abroad for which no further investigation or prosecution is initi- ated, ensure that all appropriate informa-