22 U.S.C. § 4804 — Briefings on embassy security

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- 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