22 U.S.C. § 2720 — Closing of consular and diplomatic posts

Page 1161 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2720 electricity, receive specific instruction on United States policy with respect to resiliency and adaptation to such climatic and non-cli- matic shocks and stresses. (Pub. L. 117–81, div. E, title LI, § 5108(c), Dec. 27, 2021, 135 Stat. 2349; Pub. L. 117–263, div. I, title XCII, § 9205(c), Dec. 23, 2022, 136 Stat. 3865.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to prioritization of for- eign affairs training by the Department of State. § 2719c. Facilitation and encouragement of train- ing and professional development for For- eign Service and Civil Service personnel (a) Sense of Congress It is the sense of Congress that recognition throughout the Department of the value and im- portance of training and professional develop- ment for Foreign Service and Civil Service per- sonnel is vital to the development and mainte- nance by such personnel of the skills and exper- tise required for the Department to contribute fully and effectively to the conduct of the for- eign affairs of the United States. (b) Study and report (1) In general The Secretary, in consultation with the heads of relevant Federal agencies, shall con- duct a study of the feasibility and cost of es- tablishing a diplomatic officers’ reserve corps or similar mechanism to augment the Depart- ment’s personnel needs at any level on a tem- porary or permanent basis. (2) Elements In conducting the study required under para- graph (1), the Secretary shall consider whether the diplomatic officers’ reserve corps should be modeled on the Senior Reserve Officers’ Training Corps established under chapter 103 of title 10 to encourage the recruitment and retention of personnel who have the critical language skills necessary to meet the require- ments of the Foreign Service by providing fi- nancial assistance to students studying crit- ical languages at institutions of higher edu- cation. (3) Report Not later than 1 year after December 23, 2022, the Secretary shall submit a report to the appropriate congressional committees that contains the results of the study con- ducted pursuant to paragraph (1). (c) Training and development in promotion pre- cepts and evaluation criteria (1) Foreign Service The Secretary shall take appropriate action to ensure accountability and transparency in the evaluation of the precepts described in sec- tion 4003 of this title upon which the selection boards established pursuant to section 4002 of this title make recommendations for the pro- motion of members of the Foreign Service under section 4001 of this title by affording equal consideration to the undertaking of training, professional development, and for- eign language acquisition and retention among any other objective criteria considered by selection boards in making such rec- ommendations. (2) Civil Service The Secretary shall take appropriate action to ensure that the performance standards for any job performance appraisal system for Civil Service personnel of the Department afford equal consideration to the undertaking of training, professional development, and for- eign language acquisition and retention among any other objective criteria in the eval- uation of the job performance of such per- sonnel. (d) Response to subordinate training and devel- opment needs in evaluation of supervisor performance (1) Foreign Service The Secretary shall take appropriate action to ensure that the evaluation of precepts for recommendations for promotion described in subsection (c)(1) for members of the Foreign Service in supervisory positions incorporates the extent to which such members appro- priately address the training and professional development needs of the personnel under their supervision. (2) Civil Service The Secretary shall take appropriate action to ensure that the performance standards de- scribed in subsection (c)(2) for Civil Service personnel of the Department in supervisory positions afford appropriate weight to address- ing the training and professional development needs of the personnel under their supervision. (Pub. L. 117–263, div. I, title XCII, § 9206, Dec. 23, 2022, 136 Stat. 3871.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Department’’, ‘‘Secretary’’, and ‘‘appropriate congressional committees’’ as used in this section, see section 9002 of Pub. L. 117–263, set out as a note under section 2651 of this title. § 2720. Closing of consular and diplomatic posts abroad (a) Prohibited uses of funds Except as provided under subsection (d) or in accordance with the procedures under sub- sections (b) and (c) of this section— (1) no funds authorized to be appropriated to the Department of State shall be available to pay any expense related to the closing of any United States consular or diplomatic post abroad; and (2) no funds authorized to be appropriated to the Department of State may be used to pay for any expense related to the Bureau of Ad- ministration of the Department of State (or to carrying out any of its functions) if any United States consular or diplomatic post is closed. (b) Post closing notification Not less than 45 days before the closing of any United States consular or diplomatic post Page 1162 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2721 abroad, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Reprogramming treatment Amounts made available to pay any expense related to the closing of a consular or diplo- matic post abroad shall be treated as a re- programming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the pro- cedures applicable to such reprogramming. (d) Exceptions The provisions of this section do not apply with respect to— (1) any post closed because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or (2) any post closed because there is a real and present threat to United States diplo- matic or consular personnel in the city where the post is located, and a travel advisory warning against travel by United States citi- zens to that city has been issued by the De- partment of State. (e) ‘‘Consular or diplomatic post’’ defined As used in this section, the term ‘‘consular or diplomatic post’’ does not include a post to which only personnel of agencies other than the Department of State are assigned. (Aug. 1, 1956, ch. 841, title I, § 48, as added Pub. L. 102–138, title I, § 112(a)(1), Oct. 28, 1991, 105 Stat. 654.) Editorial Notes PRIOR PROVISIONS A prior section 48 of act Aug. 1, 1956, was set out as a Short Title of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654. Provisions similar to this section were contained in Pub. L. 100–204, title I, § 122, Dec. 22, 1987, 101 Stat. 1339, and set out as a note under section 2656 of this title, prior to repeal by Pub. L. 102–138, title I, § 112(b), Oct. 28, 1991, 105 Stat. 655. Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 2721. Impermissible basis for denial of pass- ports A passport may not be denied issuance, re- voked, restricted, or otherwise limited because of any speech, activity, belief, affiliation, or membership, within or outside the United States, which, if held or conducted within the United States, would be protected by the first amendment to the Constitution of the United States. (Aug. 1, 1956, ch. 841, title I, § 49, as added Pub. L. 102–138, title I, § 113, Oct. 28, 1991, 105 Stat. 655.) § 2722. International meetings (a) Authority to pay expenses If the United States Government hosts an international meeting or conference in the United States, the Secretary of State is author- ized to pay all reasonable expenses of such meet- ing or conference. Such expenses may include rental of quarters (by contract or otherwise) and personal services. (b) Retention of reimbursements To the extent provided in an appropriation Act, transfers of funds or other reimbursements for payments under subsection (a) are author- ized to be retained and credited to the appro- priate appropriation account of the Department of State which is available. (Aug. 1, 1956, ch. 841, title I, § 50, as added Pub. L. 102–138, title I, § 119, Oct. 28, 1991, 105 Stat. 658.) § 2723. Denial of visas (a) Report to Congress (1) Denial of visas The Secretary shall report, on a timely basis, to the appropriate committees of the Congress each time a consular post denies a visa on the grounds of terrorist activities or foreign policy. Such report shall set forth the name and nationality of each such person and a factual statement of the basis for such de- nial. (2) Visa issuance to inadmissible aliens The Secretary shall, on a semiannual basis, submit to the appropriate committees of the Congress a report describing every instance during the period covered by the report in which a consular post or the Visa Office of the Department of State issued an immigrant or nonimmigrant visa to an alien who is inadmis- sible to the United States based upon terrorist activity or failed to object to the issuance of an immigrant or nonimmigrant visa to an alien notwithstanding any such ground of in- admissibility. The report shall set forth the name and nationality of the alien, the issuing post, and a brief factual statement of the basis for issuance of the visa or the failure to ob- ject. The report may be submitted in classified or unclassified form. (b) Limitation Information contained in such report may be classified to the extent necessary and shall pro- tect intelligence sources and methods. (c) Appropriate committees For the purposes of this section the term ‘‘ap- propriate committees of the Congress’’ means the Committee on the Judiciary and the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on the Judici- ary and the Committee on Foreign Relations of the Senate. (Aug. 1, 1956, ch. 841, title I, § 51, as added Pub. L. 102–138, title I, § 127(a), Oct. 28, 1991, 105 Stat.