22 U.S.C. § 4807 — Establishment of Visa and Passport Secu-

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- Page 1615 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4822 tion is shared with foreign governments in order to facilitate investigation, arrest, and prosecution of such individuals. (C) Identification of foreign countries need- ing assistance Identify foreign countries that need tech- nical assistance, such as law reform, admin- istrative reform, prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and re- lated document security and to investigate, arrest, and prosecute individuals who facili- tate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of trav- el documents. (D) Inspection of applications Randomly inspect visa and passport appli- cations 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 incom- plete applications. (d) Report Not later than 90 days after the date on which the strategy required under section 7201 1 is sub- mitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report containing— (1) a description of the strategic plan pre- pared under subsection (b); and (2) an evaluation of the feasibility of estab- lishing civil service positions in field offices of the Bureau of Diplomatic Security to inves- tigate visa and passport fraud, including an evaluation of whether to allow diplomatic se- curity agents to convert to civil service offi- cers to fill such positions. (Pub. L. 108–458, title VII, § 7218, Dec. 17, 2004, 118 Stat. 3833.) Editorial Notes REFERENCES IN TEXT Section 7201, referred to in subsecs. (b)(1) and (d), is section 7201 of Pub. L. 108–458, which enacted section 1776 of Title 8, Aliens and Nationality, and provisions set out as notes under section 1776 of Title 8 and sec- tions 3024 and 3056 of Title 50, War and National De- fense. The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(2)(B), 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. CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Diplomatic Security Act which comprises this chapter. SUBCHAPTER II—PERSONNEL § 4821. Diplomatic Security Service The Secretary of State may establish a Diplo- matic Security Service, which shall perform such functions as the Secretary may determine. (Pub. L. 99–399, title II, § 201, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(7), Apr. 30, 1994, 108 Stat. 407.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: ‘‘There shall be, within the Bureau of Diplomatic Security, the Diplo- matic Security Service. The Diplomatic Security Serv- ice shall perform such functions as may be assigned to it by the Secretary of State.’’ 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. SEXUAL ASSAULT PREVENTION AND RESPONSE VICTIM ADVOCATES Pub. L. 117–263, div. I, title XCII, § 9202(c), Dec. 23, 2022, 136 Stat. 3864, provided that: ‘‘The Secretary [of State] shall ensure that the Diplomatic Security Serv- ice’s Victims’ Resource Advocacy Program— ‘‘(1) is appropriately staffed by advocates who are physically present at— ‘‘(A) the headquarters of the Department [of State]; and ‘‘(B) major domestic and international facilities and embassies, as determined by the Secretary; ‘‘(2) considers the logistics that are necessary to allow for the expedient travel of victims from Depart- ment facilities that do not have advocates; and ‘‘(3) uses funds available to the Department to pro- vide emergency food, shelter, clothing, and transpor- tation for victims involved in matters being inves- tigated by the Diplomatic Security Service.’’ § 4822. Director of Diplomatic Security Service Any such Diplomatic Security Service should be headed by a Director designated by the Sec- retary of State. The Director should be a career member of the Senior Foreign Service or the Senior Executive Service and should be qualified for the position by virtue of demonstrated abil- ity in the areas of security, law enforcement, management, and public administration. Experi- ence in management or operations abroad should be considered an affirmative factor in the selection of the Director. (Pub. L. 99–399, title II, § 202, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(8), Apr. 30, 1994, 108 Stat. 407.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–236 substituted ‘‘Any such’’ for ‘‘The’’ in first sentence, struck out last sentence which read as follows: ‘‘The Director shall act under the su- pervision and direction of the Assistant Secretary for Diplomatic Security.’’, and directed the substitution of ‘‘should’’ for ‘‘shall’’ in first, third, and fourth sen- tences, which was executed to first, second, and third sentences to reflect the probable intent of Congress and the striking out of last sentence which also was the fourth sentence. See H.Rept. 103–126, pp. 168, 169.