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

Page 1609 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4802 SHORT TITLE Pub. L. 99–399, § 1, Aug. 27, 1986, 100 Stat. 853, provided that: ‘‘This Act [enacting this chapter and sections 2656e, 2711, 2712, 2780, 3244, and 4901 to 4904 of this title, sections 5569 and 5570 of Title 5, Government Organiza- tion and Employees, sections 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, section 2331 of Title 18, Crimes and Criminal Procedure, section 1226 of Title 33, Navigation and Navigable Waters, sections 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Serv- ices, sections 2160b, 2160c, and 2169 of Title 42, The Pub- lic Health and Welfare, and sections 1801 to 1809 of Title 46, Appendix, Shipping, amending sections 300, 2151a, 2349aa–2, 2349aa–4, 2349aa–7, 2502, 2652, 2708, 3929, and 3929a of this title, section 208 of Title 3, The President, sections 5315 and 6325 of Title 5, sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, sections 793, 794, and 3671 of Title 18, and section 4605 of Title 50, War and National Defense, enacting provisions set out as notes under sec- tions 2708 and 4901 of this title, section 5569 of Title 5, sections 133, 1051, 1095, and 2181 of Title 10, section 559 of Title 37, section 2169 of Title 42, and section 1801 of Title 46, Appendix, and amending a provision set out as a note under section 2651 of this title] may be cited as the ‘Omnibus Diplomatic Security and Antiterrorism Act of 1986’.’’ Pub. L. 99–399, title I, § 101, Aug. 27, 1986, 100 Stat. 855, provided that: ‘‘Titles I through IV of this Act [enact- ing this chapter and amending sections 300, 2349aa–4, 2652, 3929, and 3929a of this title, section 208 of Title 3, The President, section 5315 of Title 5, Government Or- ganization and Employees, and sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5] may be cited as the ‘Diplo- matic Security Act’.’’ FINDINGS Pub. L. 117–263, div. I, title XCIII, § 9302(b), Dec. 23, 2022, 136 Stat. 3882, provided that: ‘‘Congress makes the following findings: ‘‘(1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. ‘‘(2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to inter- national terrorism, violent conflict, and public health. ‘‘(3) The Department [of State] has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Con- gress, the Department has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. ‘‘(4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting ter- rorism and transnational organized crime, preventing and addressing violent conflict and humanitarian dis- asters, promoting United States businesses and trade, protecting the rights of marginalized groups, address- ing climate change, and preventing pandemic disease. ‘‘(5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. ‘‘(6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Depart- ment should be able to ensure a robust overseas pres- ence without inhibiting the ability of diplomats to— ‘‘(A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; ‘‘(B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; ‘‘(C) provide United States citizen services; and ‘‘(D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. ‘‘(7) Given these stakes, Congress has a responsi- bility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplo- matic presence.’’ § 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 mis- sions 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 Govern- ment personnel on official duty abroad (other than Voice of America correspondents on offi- cial assignment and those personnel under the command of a United States area military commander) and their accompanying depend- ents; (B) establishment and operation of security functions at all United States Government missions abroad (other than facilities or in- stallations 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, inter- national 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. (B) Security and protective operations (i) Establishment and operation of post secu- rity 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. Page 1610 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4802 1 See References in Text note below. 2 So in original. Probably should be followed by ‘‘; and’’. 3 So in original. Probably should be capitalized. (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 com- puter and information systems in the United States. (x) Conduct of investigations relating to pro- tection of foreign officials and diplomatic per- sonnel 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 in- formation concerning international terrorism authorized by section 2708(a) 1 of this title. (xii) Performance of other security, inves- tigative, and protective matters as authorized by law. (C) Counterterrorism planning and coordina- tion Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liai- son with other Federal agencies to carry out this paragraph. (D) Security technology Development and implementation of tech- nical and physical security programs, includ- ing security-related construction, radio and personnel security communications, armored vehicles, computer and communications secu- rity, and research programs necessary to de- velop such measures. (E) Diplomatic courier service Management of the diplomatic courier serv- ice. (F) Personnel training Development of facilities, methods, and ma- terials to develop and upgrade necessary skills in order to carry out this section. (G) Foreign government training Management 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 As- sistance Act of 1961 (22 U.S.C. 2349aa et seq.). (b) Overseas evacuations The Secretary of State shall develop and im- plement 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 en- dangered. Such policies shall include measures to identify high risk areas where evacuation may be necessary and, where appropriate, pro- viding staff to United States Government mis- sions abroad to assist in those evacuations. In carrying out these responsibilities, the Sec- retary 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 commu- nications resources in the area being evacu- ated and determine the logistic support needed for the evacuation; and (4) develop a plan for coordinating commu- nications between embassy staff, Department of State personnel, and families of United States citizens abroad regarding the where- abouts of those citizens. (c) Oversight of posts abroad (1) The Secretary of State shall— (A) have full responsibility for the coordina- tion of all United States Government per- sonnel assigned to diplomatic or consular posts or other United States missions abroad pursuant to United States Government au- thorization (except for facilities, installations, or personnel under the command of a United States area military commander) 2 (B) establish appropriate overseas staffing levels for all such posts or missions for all Federal agencies with activities abroad (ex- cept for personnel and activities under the command of a United States area military commander or regional inspector general of- fices under the jurisdiction of the inspector 3 General, Agency for International Develop- ment). (2) The Secretary of State shall notify the ap- propriate 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 agency As used in this subchapter and subchapter III, the term ‘‘Federal agency’’ includes any depart- ment or agency of the United States Govern- ment. (Pub. L. 99–399, title I, § 103, Aug. 27, 1986, 100 Stat. 856; Pub. L. 100–202, § 101(e) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–131, 1329–141; Pub. L. 100–461, title II, § 201, Oct. 1, 1988, 102 Stat. 2268–10; Pub. L. 101–246, title I, § 115(b), Feb. 16, 1990, 104 Stat. 22; Pub. L. 103–236, title I, § 162(g)(2), Apr. 30, 1994, 108 Stat. 406; Pub. L. 103–415, § 1(f)(4)(A)(i), Oct. 25, 1994, 108 Stat. 4300; Pub. L. 107–228, div. A, title V, § 505(a), Sept. 30, 2002, 116 Stat. 1393; Pub. L. 118–159, div. G, title LXXV, § 7503, Dec. 23, 2024, 138 Stat. 2546.) Editorial Notes REFERENCES IN TEXT Section 2708 of this title, referred to in subsec. (a)(2)(B)(xi), was amended generally by Pub. L. 105–323, Page 1611 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4802 title I, § 101, Oct. 30, 1998, 112 Stat. 3029, and, as so amended, provisions authorizing awards, formerly con- tained in section 2708(a), are now contained in section 2708(b). The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(2)(G), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of part II of the Act is classified generally to part VIII (§ 2349aa et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 2002—Subsec. (a)(1)(A). Pub. L. 107–228 inserted ‘‘Voice of America correspondents on official assignment and’’ after ‘‘abroad (other than’’. 1994—Subsec. (a). Pub. L. 103–415 substituted ‘‘oper- ation’’ for ‘‘operations’’ in par. (2)(B)(i). Pub. L. 103–236 designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, and added par. (2). 1990—Subsecs. (b) to (d). Pub. L. 101–246 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1988—Subsec. (b)(2). Pub. L. 100–461 inserted ‘‘or re- gional inspector general offices under the jurisdiction of the inspector General, Agency for International De- velopment’’ after ‘‘commander’’, and substituted a pe- riod for ‘‘; and’’ at end. Subsec. (b)(3). Pub. L. 100–461 struck out par. (3) which read as follows: ‘‘establish, notwithstanding any other provision of law, appropriate overseas staffing levels of the Regional Offices of the Inspector General of the Agency for International Development in effec- tive consultation with the Inspector General of the Agency: Provided, That the authority of the Secretary of State shall be exercised only by the Secretary and shall not be delegated to a subordinate officer of the Department of State: Provided further, That the Inspec- tor General must report to the appropriate committees of both Houses of the Congress within thirty days the denial by the Secretary of State of a request by the In- spector General to increase or reduce an existing posi- tion level of a regional office: Provided further, That the total number of positions authorized for the Office of the Inspector General in Washington and overseas shall be determined by the Inspector General within the lim- itation of the appropriations level provided.’’ 1987—Subsec. (b)(3). Pub. L. 100–202 added par. (3). 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. OVERSEAS SECURITY BRIEFINGS Pub. L. 117–81, div. E, title LII, § 5210, Dec. 27, 2021, 135 Stat. 2358, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of State shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter.’’ DIRECT REPORTING Pub. L. 114–323, title I, § 103, Dec. 16, 2016, 130 Stat. 1909, provided that: ‘‘The Assistant Secretary for Diplo- matic Security shall report directly to the Secretary [of State], without being required to obtain the ap- proval or concurrence of any other official of the De- partment [of State], as threats and circumstances re- quire.’’ MARINE CORPS SECURITY GUARD PROGRAM Pub. L. 114–323, title I, § 131, Dec. 16, 2016, 130 Stat. 1914, provided that: ‘‘(a) IN GENERAL.—Pursuant to the responsibility of the Secretary [of State] for diplomatic security under section 103 of the Diplomatic Security Act (22 U.S.C. 4802; enacted as part of the Omnibus Diplomatic Secu- rity and Antiterrorism Act of 1986 (Public Law 99–399)), the Secretary, in consultation with the Secretary of Defense, shall conduct an annual review of the Marine Corps Security Guard Program, including the fol- lowing: ‘‘(1) An evaluation of whether the size and composi- tion of the Marine Corps Security Guard Program is adequate to meet global diplomatic security require- ments. ‘‘(2) An assessment of whether the Marine Corps se- curity guards are appropriately deployed among United States embassies, consulates, and other diplo- matic facilities to respond to evolving security devel- opments and potential threats to United States inter- ests abroad. ‘‘(3) An assessment of the mission objectives of the Marine Corps Security Guard Program and the proce- dural rules of engagement to protect diplomatic per- sonnel under the Program. ‘‘(b) REPORTING REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 16, 2016] and annually thereafter for 3 years, the Sec- retary, in consultation with the Secretary of Defense, shall submit to the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate an unclassified report, with a classified annex as necessary, that addresses the requirements specified in subsection (a).’’ CONGRESSIONAL NOTIFICATION AND BRIEFING REQUIRE- MENT ON ORDERED EVACUATIONS OF UNITED STATES EMBASSIES AND CONSULATES INVOLVING SUPPORT PROVIDED BY THE DEPARTMENT OF DEFENSE Pub. L. 114–92, div. A, title X, § 1091, Nov. 25, 2015, 129 Stat. 1018, provided that: ‘‘(a) NOTIFICATION REQUIREMENT.—The Secretary of Defense and the Secretary of State shall provide notifi- cation to the appropriate congressional committees as soon as practicable upon the initiation of an ordered evacuation of a United States embassy or consulate in- volving support provided by the Department of Defense. ‘‘(b) BRIEFING REQUIREMENT.—The Secretary of De- fense and the Secretary of State shall provide a brief- ing to the appropriate congressional committees not later than 15 days after the initiation of an ordered evacuation of a United States embassy or consulate in- volving support provided by the Department of Defense. ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.’’ PERSONNEL SECURITY PROGRAM FOR EMBASSIES IN HIGH INTELLIGENCE THREAT COUNTRIES Pub. L. 100–204, title I, § 155, Dec. 22, 1987, 101 Stat. 1353, provided that: Page 1612 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4803 ‘‘(a) SPECIAL SECURITY PROGRAM.—The Secretary of State shall develop and implement, within three months after the date of enactment of this Act [Dec. 22, 1987], a special personnel security program for per- sonnel of the Department of State assigned to United States diplomatic and consular posts in high intel- ligence threat countries who are responsible for secu- rity at those posts and for any individuals performing guard functions at those posts. Such program shall in- clude— ‘‘(1) selection criteria and screening to ensure suit- ability for assignment to high intelligence threat countries; ‘‘(2) counterintelligence awareness and related training; ‘‘(3) security reporting and command arrangements designed to counter intelligence threats; and ‘‘(4) length of duty criteria and policies regarding rest and recuperative absences. ‘‘(b) REPORT TO CONGRESS.—Not later than 6 months after the date of enactment of this subsection [Dec. 22, 1987], the Secretary of State shall report to the Con- gress on the special personnel security program re- quired by subsection (a). ‘‘(c) DEFINITION.—As used in subsection (a), the term ‘high intelligence threat country’ means— ‘‘(1) a country listed as a Communist country in section 620(f) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(f)]; and ‘‘(2) any other country designated as a high intel- ligence threat country for purposes of this section by the Secretary of State, the Secretary of Defense, the Director of Central Intelligence, or the Director of the Federal Bureau of Investigation.’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.] § 4803. Designation of high risk, high threat posts (a) Initial designation Not later than 30 days after December 16, 2016, the Department of State shall submit to the ap- propriate 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 diplo- matic and consular posts designated as high risk, high threat posts. (b) Designations before opening or reopening posts Before 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 posts The 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) Definitions In this section: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Foreign Af- fairs of the House of Representatives and the Committee on Foreign Relations of the Sen- ate. (2) High risk, high threat post The 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 plat- forms that fall below the Department of State’s established standards. (Pub. L. 99–399, title I, § 104, as added Pub. L. 114–323, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1907; amended Pub. L. 115–94, § 2(a), Dec. 18, 2017, 131 Stat. 2038.) Editorial Notes PRIOR PROVISIONS A prior section 4803, Pub. L. 99–399, title I, § 104(a), Aug. 27, 1986, 100 Stat. 856, established Bureau of Diplo- matic Security in Department of State, prior to repeal by Pub. L. 103–236, title I, § 162(g)(3), Apr. 30, 1994, 108 Stat. 407. A prior section 104 of Pub. L. 99–399 enacted this sec- tion and amended former section 2652 of this title and section 5315 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 103–236, title I, § 162(g)(3), Apr. 30, 1994, 108 Stat. 407. AMENDMENTS 2017—Subsec. (a). Pub. L. 115–94 inserted ‘‘and the Committees on Appropriations of the Senate and the House of Representatives’’ after ‘‘appropriate congres- sional committees’’. § 4804. Briefings on embassy security (a) Briefing The 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 na- tional security of the continued closure or any suspension of operations and remaining bar- riers to doing so, including— (A) the importance and appropriateness of the objectives of the proposed post to the na- tional security of the United States, the risk to United States national security of the post’s continued closure or suspension of op- erations, 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 meas-