Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 22 U.S.C. § 4801 - Findings and purposes
## Text
(a) Findings The Congress finds and declares that—
(1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad;
(2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and
(3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities.
(b) Purposes The purposes of this chapter are—
(1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad;
(2) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs;
(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority;
(4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;
(5) to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster; and
(6) to provide authorization of appropriations for the Department of State to carry out its responsibilities in the area of security and counterterrorism, and in particular to finance the acquisition and improvements of United States Government missions abroad, including real property, buildings, facilities, and communications, information, and security systems.
(Pub. L. 99–399, title I, § 102, Aug. 27, 1986, 100 Stat. 855; Pub. L. 101–246, title I, § 115(a), Feb. 16, 1990, 104 Stat. 22; Pub. L. 103–236, title I, § 162(g)(1), Apr. 30, 1994, 108 Stat. 406; Pub. L. 117–263, div. I, title XCIII, § 9302(c)(1), Dec. 23, 2022, 136 Stat. 3883.)
## Notes
Editorial Notes
References in TextThis 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 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 below and Tables.
Amendments2022—Subsec. (b)(3). Pub. L. 117–263, § 9302(c)(1)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to promote strengthened security measures and to provide for the accountability of United States Government personnel with security-related responsibilities;”. Subsec. (b)(4) to (6). Pub. L. 117–263, § 9302(c)(1)(B), (C), added par. (4) and redesignated pars. (4) and (5) as (5) and (6), respectively. 1994—Subsec. (b)(2) to (6). Pub. L. 103–236 struck out par. (2) and redesignated pars. (3) to (6) as (2) to (5), respectively. Prior to amendment, par. (2) read as follows: “to provide for an Assistant Secretary of State to head the Bureau of Diplomatic Security of the Department of State, and to set forth certain provisions relating to the Diplomatic Security Service of the Department of State;”. 1990—Subsec. (b)(5), (6). Pub. L. 101–246 added par. (5) and redesignated former par. (5) as (6).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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.
Short Title of 2022 AmendmentPub. L. 117–263, div. I, title XCIII, § 9301(a), Dec. 23, 2022, 136 Stat. 3879, provided that: “This section [amending section 4865 of this title, enacting provisions set out as a note under section 4865 of this title, and amending provisions set out as notes under sections 1475g and 4865 of this title] may be cited as the ‘Secure Embassy Construction and Counterterrorism Act of 2022’.” Pub. L. 117–263, div. I, title XCIII, § 9302(a), Dec. 23, 2022, 136 Stat. 3882, provided that: “This section [amending this section and sections 4003, 4804, and 4831 to 4835 of this title and enacting provisions set out as a note under this section] may be cited as the ‘Diplomatic Support and Security Act of 2022’.”
Short Title of 1999 AmendmentPub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 601], Nov. 29, 1999, 113 Stat. 1536, 1501A–451, provided that: “This title [enacting section 4865 of this title, amending section 4831 of this title, and enacting provisions set out as notes under section 4865 of this title] may be cited as the ‘Secure Embassy Construction and Counterterrorism Act of 1999’.”
Short TitlePub. 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 Organization 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 Services, sections 2160b, 2160c, and 2169 of Title 42, The Public 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 sections 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 [enacting 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 Organization 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 ‘Diplomatic Security Act’.”
FindingsPub. 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 international 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 Congress, 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 terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing 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 Department should be able to ensure a robust overseas presence 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 responsibility 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 diplomatic presence.”
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# 22 U.S.C. § 4802 - Responsibility of Secretary of State
## Text
(a) Security functions (1) The Secretary of State shall develop and implement (in consultation with the heads of other Federal agencies having personnel or missions 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 Government personnel on official duty abroad (other than Voice of America correspondents on official assignment and those personnel under the command of a United States area military commander) and their accompanying dependents;
(B) establishment and operation of security functions at all United States Government missions abroad (other than facilities or installations 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, international 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 security 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.
(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 computer and information systems in the United States.
(x) Conduct of investigations relating to protection of foreign officials and diplomatic personnel 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 information concerning international terrorism authorized by section 2708(a) 11 See References in Text note below. of this title.
(xii) Performance of other security, investigative, and protective matters as authorized by law.
(C) Counterterrorism planning and coordination Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph.
(D) Security technology Development and implementation of technical and physical security programs, including security-related construction, radio and personnel security communications, armored vehicles, computer and communications security, and research programs necessary to develop such measures.
(E) Diplomatic courier service Management of the diplomatic courier service.
(F) Personnel training Development of facilities, methods, and materials 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 Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).
(b) Overseas evacuations The Secretary of State shall develop and implement 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 endangered. Such policies shall include measures to identify high risk areas where evacuation may be necessary and, where appropriate, providing staff to United States Government missions abroad to assist in those evacuations. In carrying out these responsibilities, the Secretary 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 communications resources in the area being evacuated and determine the logistic support needed for the evacuation; and
(4) develop a plan for coordinating communications between embassy staff, Department of State personnel, and families of United States citizens abroad regarding the whereabouts of those citizens.
(c) Oversight of posts abroad (1) The Secretary of State shall—
(A) have full responsibility for the coordination of all United States Government personnel assigned to diplomatic or consular posts or other United States missions abroad pursuant to United States Government authorization (except for facilities, installations, or personnel under the command of a United States area military commander) 22 So in original. Probably should be followed by “; and”.
(B) establish appropriate overseas staffing levels for all such posts or missions for all Federal agencies with activities abroad (except for personnel and activities under the command of a United States area military commander or regional inspector general offices under the jurisdiction of the inspector 33 So in original. Probably should be capitalized. General, Agency for International Development).
(2) The Secretary of State shall notify the appropriate 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 department or agency of the United States Government.
(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.)
## Notes
Editorial Notes
References in TextSection 2708 of this title, referred to in subsec. (a)(2)(B)(xi), was amended generally by Pub. L. 105–323, title I, § 101, Oct. 30, 1998, 112 Stat. 3029, and, as so amended, provisions authorizing awards, formerly contained in section 2708(a), are now contained in section 2708(b). The Foreign Assistance Act of 1961, referred to in subsec. (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.
Amendments2024—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 “operation” 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 regional inspector general offices under the jurisdiction of the inspector General, Agency for International Development” after “commander”, and substituted a period 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 effective 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 Inspector 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 Inspector General to increase or reduce an existing position 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 limitation 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 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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 BriefingsPub. 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 ReportingPub. L. 114–323, title I, § 103, Dec. 16, 2016, 130 Stat. 1909, provided that: “The Assistant Secretary for Diplomatic Security shall report directly to the Secretary [of State], without being required to obtain the approval or concurrence of any other official of the Department [of State], as threats and circumstances require.”
Marine Corps Security Guard ProgramPub. 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 Security 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 following:“(1) An evaluation of whether the size and composition of the Marine Corps Security Guard Program is adequate to meet global diplomatic security requirements. “(2) An assessment of whether the Marine Corps security guards are appropriately deployed among United States embassies, consulates, and other diplomatic facilities to respond to evolving security developments and potential threats to United States interests abroad. “(3) An assessment of the mission objectives of the Marine Corps Security Guard Program and the procedural rules of engagement to protect diplomatic personnel 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 Secretary, 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 Requirement on Ordered Evacuations of United States Embassies and Consulates Involving Support Provided by the Department of DefensePub. 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 notification to the appropriate congressional committees as soon as practicable upon the initiation of an ordered evacuation of a United States embassy or consulate involving support provided by the Department of Defense. “(b) Briefing Requirement.—The Secretary of Defense and the Secretary of State shall provide a briefing to the appropriate congressional committees not later than 15 days after the initiation of an ordered evacuation of a United States embassy or consulate involving support provided by the Department of Defense. “(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—“(1) the congressional defense committees [Committees 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 Critical Human Intelligence Threat CountriesPub. L. 100–204, title I, § 155, Dec. 22, 1987, 101 Stat. 1353, as amended by Pub. L. 119–60, div. E, title V, § 5505, Dec. 18, 2025, 139 Stat. 1600, provided that: “(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 personnel of the Department of State assigned to United States diplomatic and consular posts in critical human intelligence threat countries and countries designated by the Under Secretary of State for Management and for any individuals performing guard functions at those posts. Such program shall include—“(1) selection criteria and screening to ensure suitability for assignment to critical human 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 Congress on the special personnel security program required by subsection (a). “(c) Country-specific Threat Training Required.—Personnel assigned to posts in critical human intelligence threat countries shall receive country-specific threat training informed by assessments from relevant elements of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), at the appropriate classification level. “(d) Definition.—As used in subsection (a), the term ‘critical human 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 critical human intelligence 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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. 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.]
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# 22 U.S.C. § 4803 - Designation of high risk, high threat posts
## Text
(a) Initial designation Not later than 30 days after December 16, 2016, the Department of State shall submit to the appropriate 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 diplomatic 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 committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(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 platforms 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.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 4803, Pub. L. 99–399, title I, § 104(a), Aug. 27, 1986, 100 Stat. 856, established Bureau of Diplomatic 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 section 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.
Amendments2017—Subsec. (a). Pub. L. 115–94 inserted “and the Committees on Appropriations of the Senate and the House of Representatives” after “appropriate congressional committees”.
@@ -0,0 +1,71 @@
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# 22 U.S.C. § 4804 - Briefings on embassy security
## Text
(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 national security of the continued closure or any suspension of operations and remaining barriers to doing so, including—
(A) the importance and appropriateness of the objectives of the proposed post to the national security of the United States, the risk to United States national security of the post’s continued closure or suspension of operations, 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 measures 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 committees; and
(4) the progress towards implementation of the provisions specified in title I of the Department 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 national 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 detailing the decision to open or reopen such post, detailing the national security value of reopening such post, the nature of the critical national security 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 congressional 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 Committee 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; Pub. L. 119–60, div. E, title V, § 5503, Dec. 18, 2025, 139 Stat. 1600.)
## Notes
Editorial Notes
References in TextTitle 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 enacted 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 ProvisionsA prior section 4804, Pub. L. 99–399, title I, § 105, Aug. 27, 1986, 100 Stat. 856, set out responsibilities of Assistant 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.
Amendments2025—Subsec. (b)(2). Pub. L. 119–60 inserted “, detailing the national security value of reopening such post” after “the decision to open or reopen such post”. 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), inserted “the risk to United States national security of the post’s continued closure or suspension of operations,” after “national security of the United States,”. Subsec. (a)(1)(C). Pub. L. 117–263, § 9302(c)(2)(C), inserted “the type and level of security threats such post could encounter, and” before “security ‘tripwires’ ”.
@@ -0,0 +1,45 @@
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# 22 U.S.C. § 4805 - Cooperation of other Federal agencies
## Text
(a) Assistance In order to facilitate fulfillment of the responsibilities 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 agencies may, with or without reimbursement, provide assistance to the Secretary, perform security inspections, provide logistical support relating to the differing missions and facilities of other Federal agencies, and perform other overseas 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 Secretary’s authority as set forth in section 4802(a) of this title. The agency head receiving such delegated authority shall be responsible to the Secretary in the exercise of the delegated operational control.
(b) Other agencies Nothing contained in this chapter shall be construed to limit or impair the authority or responsibility of any other Federal, State, or local agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.
(c) Certain lease arrangements The Administrator of General Services is authorized 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.)
## Notes
Editorial Notes
References in TextThis 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 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 National Defense.
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# 22 U.S.C. § 4806 - Protection of foreign consulates
## Text
The Secretary of State shall take into account security considerations in making determinations 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.)
## Notes
Editorial Notes
Amendments1994—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 Diplomatic Security”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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.
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# 22 U.S.C. § 4807 - Establishment of Visa and Passport Security Program in the Department of State
## Text
(a) Establishment There is established, within the Bureau of Diplomatic 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 Security, in coordination with the appropriate officials of the Bureau of Consular Affairs, the coordinator for counterterrorism, the National Counterterrorism Center, and the Department of Homeland Security, and consistent with the strategy mandated by section 7201,11 See References in Text note below. shall ensure the preparation of a strategic 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 fraudulently 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 individuals and organizations that may have links to domestic terrorist organizations or foreign 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 Assistance Training (ATA) program of the Department of State (or any successor or related 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 identification of fraudulent documents and the forensic detection of such documents which may be used to obtain unlawful entry into the United States; and
(C) determine the benefits and costs of providing technical assistance to foreign governments to ensure the security of passports, visas, and related documents and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents to obtain 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 subparagraph (A) shall have expertise and experience 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 appropriate government agencies, methods used by terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter foreign countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of Homeland Security on recommended changes to the visa issuance process that could combat such methods, including the introduction of new technologies into such process.
(B) Identification of individuals and documents Identify, in cooperation with the Human Trafficking and Smuggling Center, individuals 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 further investigation and prosecution or, in the case of such individuals abroad for which no further investigation or prosecution is initiated, ensure that all appropriate information is shared with foreign governments in order to facilitate investigation, arrest, and prosecution of such individuals.
(C) Identification of foreign countries needing assistance Identify foreign countries that need technical assistance, such as law reform, administrative reform, prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and related document security and to investigate, arrest, and prosecute individuals 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.
(D) Inspection of applications Randomly inspect visa and passport applications 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 incomplete applications.
(d) Report Not later than 90 days after the date on which the strategy required under section 7201 1 is submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report containing—
(1) a description of the strategic plan prepared under subsection (b); and
(2) an evaluation of the feasibility of establishing civil service positions in field offices of the Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether to allow diplomatic security agents to convert to civil service officers to fill such positions.
(Pub. L. 108–458, title VII, § 7218, Dec. 17, 2004, 118 Stat. 3833.)
## Notes
Editorial Notes
References in TextSection 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 sections 3024 and 3056 of Title 50, War and National Defense. The Foreign Assistance Act of 1961, referred to in subsec. (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 Reform 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.
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# 22 U.S.C. § 4821 - Diplomatic Security Service
## Text
The Secretary of State may establish a Diplomatic 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.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “There shall be, within the Bureau of Diplomatic Security, the Diplomatic Security Service. The Diplomatic Security Service shall perform such functions as may be assigned to it by the Secretary of State.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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.
Fairness in Issuance of Tactical Gear to Diplomatic Security Service PersonnelPub. L. 119–60, div. H, title LXXXIII, § 8364, Dec. 18, 2025, 139 Stat. 1888, provided that: “(a) In general“In any instance when the Diplomatic Security Service of the Department of State issues tactical gear to Special Agents, uniform division officers, or personal service contractors, the Service must, whenever such products are commercially available, provide both men’s and women’s sizing options. “(b) Tactical gear defined“In this section, the term “tactical gear” includes, among other items, ballistic plates, ballistic plate carriers, helmets, media jackets, tactical pants, and gloves.”
Sexual Assault Prevention and Response Victim AdvocatesPub. 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 Service’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 Department facilities that do not have advocates; and “(3) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service.”
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# 22 U.S.C. § 4822 - Director of Diplomatic Security Service
## Text
Any such Diplomatic Security Service should be headed by a Director designated by the Secretary 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 ability in the areas of security, law enforcement, management, and public administration. Experience 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.)
## Notes
Editorial Notes
Amendments1994—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 supervision and direction of the Assistant Secretary for Diplomatic Security.”, and directed the substitution of “should” for “shall” in first, third, and fourth sentences, 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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.
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# 22 U.S.C. § 4823 - Special agents
## Text
Special agent positions shall be filled in accordance with the provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and title 5. In filling such positions, the Secretary of State shall actively recruit women and members of minority groups. The Secretary of State shall prescribe the qualifications required for assignment or appointment to such positions. The qualifications may include minimum and maximum entry age restrictions and other physical standards and shall incorporate such standards as may be required by law in order to perform security functions, to bear arms, and to exercise investigatory, warrant, arrest, and such other authorities as are available by law to special agents of the Department of State and the Foreign Service.
(Pub. L. 99–399, title II, § 203, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(9), Apr. 30, 1994, 108 Stat. 407.)
## Notes
Editorial Notes
References in TextThe Foreign Service Act of 1980, referred to in text, is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments1994—Pub. L. 103–236 amended section catchline to read “Special agents” and in text substituted “Special agent positions” for “Positions in the Diplomatic Security Service” and “The qualifications” for “In the case of positions designated for special agents, the qualifications”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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.
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# 22 U.S.C. § 4824 - Contracting authority
## Text
The Secretary of State is authorized to employ individuals or organizations by contract to carry out the purposes of this Act, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of any law administered by the Secretary concerning the employment of such individuals); and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and performance of work in the United States.
(Pub. L. 99–399, title II, § 206, as added Pub. L. 105–277, div. C, title I, § 104, Oct. 21, 1998, 112 Stat. 2681–586.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853, known as the Omnibus Diplomatic Security and Antiterrorism Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of this title and Tables.
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# 22 U.S.C. § 4832 - Security Review Committee
## Text
(a) Membership A Security Review Committee shall consist of five members, 4 appointed by the Secretary of State, and 1 appointed by the Director of Central Intelligence. The Secretary of State shall designate the Chairperson of the Security Review Committee. Members of the Security Review Committee who are not Federal officers or employees shall each be paid at a rate not to exceed the maximum rate of basic pay payable for level GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Security Review Committee. Members of the Security Review Committee who are Federal officers or employees shall receive no additional pay by reason of such membership.
(b) Facilities, services, supplies, and staff (1) Supplied by Department of State A Security Review Committee shall obtain facilities, services, and supplies through the Department of State. All expenses of the Security Review Committee, including necessary costs of travel, shall be paid by the Department of State. Travel expenses authorized under this paragraph shall be paid in accordance with subchapter I of chapter 57 of title 5 or other applicable law.
(2) Detail At the request of a Security Review Committee, employees of the Department of State or other Federal agencies, members of the Foreign Service, or members of the uniformed services may be temporarily assigned, with or without reimbursement, to assist the Security Review Committee.
(3) Experts and consultants A Security Review Committee may employ and compensate (in accordance with section 3109 of title 5) such experts and consultants as the Security Review Committee considers necessary to carry out its functions. Experts and consultants so employed shall be responsible solely to the Security Review Committee.
(Pub. L. 99–399, title III, § 302, Aug. 27, 1986, 100 Stat. 859; Pub. L. 117–263, div. I, title XCIII, § 9302(e), Dec. 23, 2022, 136 Stat. 3886.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–263, § 9302(e)(2), which directed substitution of “a Security Review Committee” for “a Board” wherever appearing, was executed by making the substitution in subsec. (b)(2) and also substituting, wherever appearing, “A Security Review Committee” for “A Board” and “the Security Review Committee” for “the Board”, wherever appearing, to reflect the probable intent of Congress. Pub. L. 117–263, § 9302(e)(1), substituted “Security Review Committee” for “Accountability Review Board” in section catchline.
Statutory Notes and Related Subsidiaries
Change of Name 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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. 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.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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# 22 U.S.C. § 4833 - Serious Security Incident investigation process
## Text
(a) Investigation process (1) Initiation upon reported incident A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated.
(2) Initial congressional notification The Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the majority and minority leaders of the Senate, and the Speaker and minority leader of the House of Representatives not later than 8 days after a possible Serious Security Incident has been identified by the Department. Such notification shall include a preliminary description of the incident, of an incident described in paragraph (1), including any known individuals involved, when and where the incident took place, and the next steps in the investigation.
(3) Investigation Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover—
(A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed;
(B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on a known threat at the time of the incident;
(C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and
(D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident.
(4) Investigative team The investigative team assembled pursuant to paragraph (3) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome.
(b) Report of Investigation Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes—
(1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings;
(2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and
(3) a review of security procedures and directives in place at the time of the incident.
(c) Confidentiality The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 4834(b) of this title, and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.
(Pub. L. 99–399, title III, § 303, Aug. 27, 1986, 100 Stat. 859; Pub. L. 117–263, div. I, title XCIII, § 9302(f), Dec. 23, 2022, 136 Stat. 3886; Pub. L. 117–286, § 4(a)(170), Dec. 27, 2022, 136 Stat. 4324; Pub. L. 118–159, div. G, title LXXV, § 7502, Dec. 23, 2024, 138 Stat. 2545.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a)(2) to (4). Pub. L. 118–159, which directed amendment of “section 301(a)” of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 by adding par. (2), redesignating former pars. (2) and (3) as (3) and (4), respectively, and substituting “paragraph (3)” for “paragraph (2)” in par. (4), was executed to subsec. (a) of this section, which is section 303 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, to reflect the probable intent of Congress. 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to procedures as to evidence, confidentiality, and records of Accountability Review Boards, and also to the status of the Boards. Subsec. (d). Pub. L. 117–286, which directed substitution of “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.)”, could not be executed in light of the intervening general amendment of this section by Pub. L. 117–263. See Amendment note above. As so amended, section no longer included a subsec. (d) or a reference elsewhere to the Federal Advisory Committee Act.
Statutory Notes and Related Subsidiaries
Change of Name 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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. 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.
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# 22 U.S.C. § 4834 - Security Review Committee findings and report
## Text
(a) Findings The Security Review Committee shall—
(1) review the Report of Investigation prepared pursuant to section 4833(b) of this title, and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and
(2) determine, in writing—
(A) whether the incident was security related and constituted a Serious Security Incident;
(B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility—
(i) whether the security systems, security countermeasures, and security procedures operated as intended; and
(ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack;
(C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty;
(D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and
(E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad.
(b) Report (1) Submission to Secretary of State Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 4833(b) of this title, the Security Review Committee shall submit a report to the Secretary of State that includes—
(A) the findings described in subsection (a); and
(B) any related recommendations.
(2) Submission to Congress Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to—
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of Representatives;
(E) the Permanent Select Committee on Intelligence of the House of Representatives; and
(F) the Committee on Appropriations of the House of Representatives.
(c) Personnel recommendations If in the course of conducting an investigation under section 4833 of this title, the investigative team finds reasonable cause to believe any individual described in section 4833(a)(2)(D) of this title has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the Security Review Committee. If the Security Review Committee finds reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.
(Pub. L. 99–399, title III, § 304, Aug. 27, 1986, 100 Stat. 861; Pub. L. 100–204, title I, § 156(b), Dec. 22, 1987, 101 Stat. 1354; Pub. L. 114–323, title I, § 104(a), Dec. 16, 2016, 130 Stat. 1909; Pub. L. 117–263, div. I, title XCIII, § 9302(g), Dec. 23, 2022, 136 Stat. 3887.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to findings and recommendations by an Accountability Review Board. 2016—Subsec. (c). Pub. L. 114–323, § 104(a)(3), in concluding provisions, substituted “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual as described in this subsection” for “has breached a duty of that individual” and struck out “to the performance of the duties of that individual” after “pertinent”. Pub. L. 114–323, § 104(a)(1), in introductory provisions, substituted “If” for “Whenever” and “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a)” for “has breached the duty of that individual”. Subsec. (c)(2). Pub. L. 114–323, § 104(a)(2), substituted “findings” for “finding” in two places. 1987—Subsec. (a). Pub. L. 100–204 inserted “or surrounding the serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)” after first reference to “mission abroad”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPub. L. 114–323, title I, § 104(b), Dec. 16, 2016, 130 Stat. 1910, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any Accountability Review Board that is convened under section 301 of the Diplomatic Security Act (22 U.S.C. 4831) on or after the date of the enactment of this Act [Dec. 16, 2016].”
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# 22 U.S.C. § 4835 - Relation to other proceedings
## Text
(a) No effect on existing remedies or defenses Nothing in this subchapter shall be construed to create administrative or judicial review remedies or rights of action not otherwise available by law, nor shall any provision of this subchapter be construed to deprive any person of any right or legal defense which would otherwise be available to that person under any law, rule, or regulation.
(b) Future inquiries Nothing in this subchapter may be construed to preclude the Secretary of State from convening a follow-up public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this subchapter shall be provided to any related board of inquiry convened by the Secretary.
(Pub. L. 99–399, title III, § 305, Aug. 27, 1986, 100 Stat. 862; Pub. L. 117–263, div. I, title XCIII, § 9302(h), Dec. 23, 2022, 136 Stat. 3888.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–263 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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# 22 U.S.C. § 4851 - Authorization
## Text
(a) Diplomatic security program (1) In general In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated for fiscal years 1986 and 1987, for the Department of State to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year for “Administration of Foreign Affairs”, as follows:
(A) For “Salaries and Expenses”, $308,104,000.
(B) For “Acquisition and Maintenance of Buildings Abroad”, $857,806,000.
(C) For “Counterterrorism Research and Development”, $15,000,000.
(2) Omitted
(3) Repealed. Pub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388
(4) Allocation of amounts authorized to be appropriated Amounts authorized to be appropriated by this subsection, and by the amendment made by paragraph (2), shall be allocated as provided in the table entitled “Diplomatic Security Program” relating to this section which appears in the Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986).
(b) Notification to authorizing Committees of requests for appropriations In any fiscal year, whenever the Secretary of State submits to the Congress a request for appropriations to carry out the program described in subsection (a), the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such request, together with a justification of each item listed in such request.
(c) Repealed. Pub. L. 103–236, title I, § 122(b), Apr. 30, 1994, 108 Stat. 392
(d) Prohibition on reallocations of authorizations Section 2696(d) of this title shall not apply with respect to any amounts authorized to be appropriated under this section.
(e) Security requirements of other foreign affairs agencies Based solely on security requirements and within the total amount of funds available for security, the Secretary of State shall ensure that an equitable level of funding is provided for the security requirements of other foreign affairs agencies.
(f) Insufficiency of funds In the event that sufficient funds are not available in any fiscal year for all of the diplomatic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Program, as justified to the Congress for such fiscal year, the Secretary of State shall report to the Congress the effect that the insufficiency of funds will have with respect to the Department of State and each of the other foreign affairs agencies.
(g) Allocation of funds for certain security programs Of the amount of funds authorized to be appropriated by subsection (a)(1)(A), $34,537,000 shall be available to the Secretary of State only for the protection of classified office equipment, the expansion of information systems security, and the hiring of American systems managers and operators for computers at high threat locations.
(h) Furniture, furnishings, and equipment (1) Use of existing furniture, furnishings, and equipment If physically possible, facilities constructed or acquired pursuant to subsection (a) shall be furnished and equipped with the furniture, furnishings, and equipment that were being used in the facilities being replaced, rather than with newly acquired furniture, furnishings, and equipment.
(2) Omitted
(3) Repealed. Pub. L. 103–236, title I, § 122(b), Apr. 30, 1994, 108 Stat. 392
(Pub. L. 99–399, title IV, § 401, Aug. 27, 1986, 100 Stat. 862; Pub. L. 100–204, title I, § 101(c), Dec. 22, 1987, 101 Stat. 1336; Pub. L. 103–236, title I, §§ 101(c), 122(b), Apr. 30, 1994, 108 Stat. 388, 392.)
## Notes
Editorial Notes
References in TextThe amendment made by paragraph (2), referred to in subsec. (a)(4), is the amendment made by section 401(a)(2) of Pub. L. 99–399 to section 2349aa–4 of this title. H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986), referred to in subsec. (a)(4), as enacted into law, is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853. The Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 is set forth in H. Rept. No. 99–783, 99th Congress.
Codification Section is comprised of section 401 of Pub. L. 99–399. Subsecs. (a)(2) and (h)(2) of section 401 of Pub. L. 99–399 amended sections 2349aa–4 and 300, respectively, of this title.
Amendments1994—Subsec. (a)(3). Pub. L. 103–236, § 101(c), struck out heading and text of par. (3). Text read as follows: “There is authorized to be appropriated for the Department of State for ‘Acquisition and Maintenance of Buildings Abroad’ for each of the fiscal years 1988 through 1990, $417,962,000 to carry out diplomatic security construction, acquisition, and operations pursuant to the Department of State’s Supplemental Diplomatic Security Program. Authorizations of appropriations under this paragraph shall remain available until the appropriations are made.” Subsec. (c). Pub. L. 103–236, § 122(b), struck out heading and text of subsec. (c). Text read as follows: “Amounts made available for capital projects pursuant to subsection (a) of this section shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.” Subsec. (h)(3). Pub. L. 103–236, § 122(b), struck out heading and text of par. (3). Text read as follows: “Amounts made available for furniture, furnishings, and equipment pursuant to subsection (a) of this section shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.” 1987—Subsec. (a)(3). Pub. L. 100–204 inserted sentence at end providing that authorizations of appropriations under this paragraph remain available until appropriations are made.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388, provided that the amendment made by that section is effective Oct. 1, 1995.
Embassy Security Requests and DeficienciesPub. L. 117–81, div. E, title LII, § 5209, Dec. 27, 2021, 135 Stat. 2357, provided that: “The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following: “(1) Requests made over the previous year by United States diplomatic posts for security upgrades. “(2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound.” [For definition of “appropriate congressional committees” as used in section 5209 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
Construction Security CertificationPub. L. 100–204, title I, § 160, Dec. 22, 1987, 101 Stat. 1356, as amended by Pub. L. 101–246, title I, § 135, Feb. 16, 1990, 104 Stat. 33, provided that: “(a) Certification.—Before undertaking any new construction or major renovation project in any foreign facility intended for the storage of classified materials or the conduct of classified activities, or approving occupancy of a similar facility for which construction or major renovation began before the effective date of this section [Dec. 22, 1987], the Secretary of State, after consultation with the Director of Central Intelligence, shall certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that—“(1) appropriate and adequate steps have been taken to ensure the security of the construction project (including an evaluation of how all security-related factors with respect to such project are being addressed); “(2) the facility resulting from such project incorporates—“(A) adequate measures for protecting classified information and national security-related activities; and “(B) adequate protection for the personnel working in the diplomatic facility; and “(3) a plan has been put into place for the continued evaluation and maintenance of adequate security at such facility, which plan shall specify the physical security methods and technical countermeasures necessary to ensure secure operations, including any personnel requirements for such purposes. “(b) Availability of Documentation.—All documentation with respect to a certification referred to in subsection (a) and any dissenting views thereto shall be available, in an appropriately classified form, to the Chairman of the Committee on Foreign Affairs of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate. “(c) Director of Central Intelligence.—The Director of Central Intelligence shall provide to the Secretary of State such assistance with respect to the implementation of this section as the Secretary of State may request. “(d) Dissenting Views.—If the Director of Central Intelligence disagrees with the Secretary of State with respect to any project certification made pursuant to subsection (a), the Director shall submit in writing disagreeing views to the Secretary of State.” [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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. 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.]
Report to Congress on Obligation of FundsPub. L. 100–459, title III, § 302, Oct. 1, 1988, 102 Stat. 2207, provided that: “The Secretary of State shall report to the appropriate committees of the Congress on the obligation of funds provided for diplomatic security and related expenses every month.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 100–202, § 101(a) [title III, § 302], Dec. 22, 1987, 101 Stat. 1329, 1329–23. Pub. L. 99–500, § 101(b) [title III, § 302], Oct. 18, 1986, 100 Stat. 1783–39, 1783–60, and Pub. L. 99–591, § 101(b) [title III, § 302], Oct. 30, 1986, 100 Stat. 3341–39, 3341–60.
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# 22 U.S.C. § 4852 - Diplomatic construction program
## Text
(a) Preference for United States contractors Notwithstanding section 302 of this title, and where adequate competition exists, only United States persons and qualified United States joint venture persons may be awarded—
(1) a diplomatic construction or design project which has an estimated total project value exceeding $25,000,000; and
(2) a diplomatic construction or design project which involves technical security, unless the project involves low-level technology, as determined by the Secretary of State.
(b) Exception Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the “Foreign Missions Act”).
(c) Definitions For the purposes of this section—
(1) the term “adequate competition” means with respect to a construction or design project, the presence of three or more qualified bidders submitting responsive bids for that project;
(2) the term “United States person” means a person which—
(A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United States—
(i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and
(ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection (a)(2);
(D) has performed within the United States or on a Federal contract abroad administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid;
(E) (i) employs United States citizens in at least 65 percent of its principal management positions in the United States,
(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States, and
(iii) will employ United States citizens in at least 65 percent of the supervisory positions on the foreign buildings office project site; and
(3) the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture.
(d) American minority contractors Not less than 10 percent of the amount appropriated pursuant to section 4851(a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors.
(e) American small business contractors Not less than 10 percent of the amount appropriated pursuant to section 4851(a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors.
(f) Limitation on subcontracting With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
(Pub. L. 99–399, title IV, § 402, Aug. 27, 1986, 100 Stat. 864; Pub. L. 101–246, title I, § 132, Feb. 16, 1990, 104 Stat. 32; Pub. L. 102–138, title I, § 131, Oct. 28, 1991, 105 Stat. 662; Pub. L. 103–236, title I, § 162(g)(10), Apr. 30, 1994, 108 Stat. 407; Pub. L. 107–228, div. A, title II, § 206(b), Sept. 30, 2002, 116 Stat. 1364; Pub. L. 117–81, div. E, title LII, § 5208, Dec. 27, 2021, 135 Stat. 2357; Pub. L. 118–159, div. G, title LXXII, § 7214, Dec. 23, 2024, 138 Stat. 2536.)
## Notes
Editorial Notes
References in TextTitle II of the State Department Basic Authorities Act of 1956, referred to in subsec. (b), is title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97–241, title II, § 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to chapter 53 (§ 4301 et seq.) of this title. For complete classification of title II to the Code, see Short Title note set out under section 4301 of this title and Tables.
Amendments2024—Subsec. (a). Pub. L. 118–159, § 7214(1), inserted “be awarded” after “joint venture persons may” in introductory provisions, struck out “bid on” at beginning of pars. (1) and (2), and substituted “$25,000,000” for “$10,000,000” in par. (1). Subsec. (c)(1). Pub. L. 118–159, § 7214(2)(A), substituted “three” for “two”. Subsec. (c)(2)(D). Pub. L. 118–159, § 7214(2)(B)(i), substituted “on a Federal contract abroad” for “at a United States diplomatic or consular establishment abroad”. Subsec. (c)(2)(E), (F). Pub. L. 118–159, § 7214(2)(B)(ii)–(iv), redesignated subpar. (F) as (E), substituted “65” for “80” in cls. (i) and (iii), and struck out former subpar. (E) which read as follows: “with respect to a construction project under subsection (a)(1), has achieved total business volume equal to or greater than the value of the project being bid cumulatively over 3 years of the 5-year period before the date specified in subparagraph (C)(i);”. Subsec. (c)(2)(G). Pub. L. 118–159, § 7214(2)(B)(ii), struck out subpar. (G) which read as follows: “has the existing technical and financial resources in the United States to perform the contract; and”. 2021—Subsec. (c)(2)(E). Pub. L. 117–81 substituted “cumulatively over 3 years” for “in 3 years”. 2002—Subsec. (c)(2)(D). Pub. L. 107–228 inserted “or at a United States diplomatic or consular establishment abroad” after “United States”. 1994—Subsec. (a)(2). Pub. L. 103–236 substituted “Secretary of State” for “Assistant Secretary for Diplomatic Security”. 1991—Subsec. (a)(1). Pub. L. 102–138, § 131(1), substituted “$10,000,000” for “$5,000,000”. Subsec. (a)(2). Pub. L. 102–138, § 131(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “bid on a diplomatic construction or design project which involves physical or technical security, unless the project— “(A) involves nonsophisticated, low-level technology, as determined by the Assistant Secretary for Diplomatic Security; “(B) is for the design or construction of a facility that does not process or store classified material; and “(C) does not exceed a total value of $500,000.” 1990—Subsec. (a)(2). Pub. L. 101–246 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “bid on a diplomatic construction or design project which involves physical or technical security.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental 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.
Construction of United States Embassy in OttawaPub. L. 101–246, title I, § 125, Feb. 16, 1990, 104 Stat. 27, provided that: “Section 402(a) of the Diplomatic Security Act (22 U.S.C. 4852(a)) shall not apply to the construction or renovation of the United States Embassy in Ottawa, Canada.”
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# 22 U.S.C. § 4853 - Security requirements for contractors
## Text
Not later than 90 days after August 27, 1986, the Secretary of State shall issue regulations to—
(1) strengthen the security procedures applicable to contractors and subcontractors involved in any way with any diplomatic construction or design project; and
(2) permit a contractor or subcontractor to have access to any design or blueprint relating to such a project only in accordance with those procedures.
(Pub. L. 99–399, title IV, § 403, Aug. 27, 1986, 100 Stat. 865.)
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# 22 U.S.C. § 4854 - Qualifications of persons hired for diplomatic construction program
## Text
In carrying out the diplomatic construction program referred to in section 4851(a) of this title, the Secretary of State shall employ as professional staff (by appointment, contract, or otherwise) only those persons with a demonstrated specialized background in the fields of construction, construction law, or contract management. In filling such positions, the Secretary shall actively recruit women and members of minority groups.
(Pub. L. 99–399, title IV, § 404, Aug. 27, 1986, 100 Stat. 865.)
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# 22 U.S.C. § 4855 - Cost overruns
## Text
Any amount required to complete any capital project described in the Department of State’s Supplemental Diplomatic Security Program, as justified to the Congress for the respective fiscal year, which is in excess of the amount made available for that project pursuant to section 4851(a)(1) or (3) 11 See References in Text note below. shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.
(Pub. L. 99–399, title IV, § 405, Aug. 27, 1986, 100 Stat. 865.)
## Notes
Editorial Notes
References in TextSection 4851(a)(3) of this title, referred to in text, was repealed by Pub. L. 103–236, title I, § 101(c), Apr. 30, 1994, 108 Stat. 388.
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# 22 U.S.C. § 4856 - Efficiency in contracting
## Text
(a) Bonuses and penalties The Director of the Office of Foreign Buildings shall provide for a contract system of bonuses and penalties for the diplomatic construction program funded pursuant to the authorizations of appropriations provided in this subchapter. Not later than 3 months after August 27, 1986, the Director shall submit a report to the Congress on the implementation of this section.
(b) Surety bonds and guarantees The Director of the Office of Foreign Buildings shall require each person awarded a contract for work under the diplomatic construction program to post a surety bond or guarantee, in such amount as the Director may determine, to assure performance under such contract.
(Pub. L. 99–399, title IV, § 406, Aug. 27, 1986, 100 Stat. 866; Pub. L. 109–472, § 8, Jan. 11, 2007, 120 Stat. 3556.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 99–399, which enacted this subchapter and amended sections 300, 2349aa–4, 3929, and 3929a of this title, former section 208 of Title 3, The President, section 5315 of Title 5, Government Organization and Employees, and sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, formerly set out in the Appendix to Title 5 (see 5 U.S.C. 402, 424). For complete classification of title IV of Pub. L. 99–399 to the Code, see Tables.
Amendments2007—Subsec. (c). Pub. L. 109–472 struck out subsec. (c). Text read as follows: “No person doing business with Libya may be eligible for any contract awarded pursuant to this Act.”
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.
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# 22 U.S.C. § 4857 - Advisory Panel on Overseas Security
## Text
Not later than 90 days after August 27, 1986, the Secretary of State shall submit a report to the Congress on the implementation of the 91 recommendations contained in the final report of the Advisory Panel on Overseas Security. If any such recommendation has been rejected, the Secretary shall provide the reasons why that recommendation was rejected.
(Pub. L. 99–399, title IV, § 407, Aug. 27, 1986, 100 Stat. 866.)
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# 22 U.S.C. § 4858 - Training to improve perimeter security at United States diplomatic missions abroad
## Text
(a) Training It is the sense of Congress that the President should use the authority under chapter 8 of title II of the Foreign Assistance Act of 1961 [22 U.S.C. 2349aa et seq.] (relating to antiterrorism assistance) to improve perimeter security of United States diplomatic missions abroad.
(b) Repealed. Pub. L. 103–236, title I, § 139(20), Apr. 30, 1994, 108 Stat. 398; Pub. L. 103–415, § 1(c), Oct. 25, 1994, 108 Stat. 4299
(Pub. L. 99–399, title IV, § 408, Aug. 27, 1986, 100 Stat. 866; Pub. L. 103–236, title I, § 139(20), Apr. 30, 1994, 108 Stat. 398; Pub. L. 103–415, § 1(c), Oct. 25, 1994, 108 Stat. 4299.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of title II of that Act probably means chapter 8 of part II of that Act, which 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.
Amendments1994—Subsec. (b). Pub. L. 103–236, as amended by Pub. L. 103–415, struck out heading and text of subsec. (b). Text read as follows: “Not later than October 1 of each year, the President shall submit a report to the Congress on the progress and problems of improving perimeter security of United States diplomatic missions abroad.”
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# 22 U.S.C. § 4859 - Protection of public entrances of United States diplomatic missions abroad
## Text
The Secretary of State shall install and maintain a walk-through metal detector or other advanced screening system at public entrances of each United States diplomatic mission abroad.
(Pub. L. 99–399, title IV, § 409, Aug. 27, 1986, 100 Stat. 866.)
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# 22 U.S.C. § 4860 - Reimbursement of Department of the Treasury
## Text
The Secretary of State shall reimburse the appropriate appropriations account of the Department of the Treasury out of funds appropriated pursuant to section 4851(a)(1) of this title for the actual costs incurred by the United States Secret Service, as agreed to by the Secretary of the Treasury, for providing protection for the spouses of foreign heads of state during fiscal years 1986 and 1987.
(Pub. L. 99–399, title IV, § 411, Aug. 27, 1986, 100 Stat. 867.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 22 U.S.C. § 4861 - Inspector General for Department of State
## Text
(a) Direction to establish The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office.
(b) Duties and responsibilities The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibilities, and to exercise the authorities, stated in section 3929 of this title and in chapter 4 of title 5.
(c) Earmark Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading “Administration of Foreign Affairs”, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State.
(d) Limitation on appointment No career member of the Foreign Service, as defined by section 3903 of this title, may be appointed Inspector General of the Department of State.
(Pub. L. 99–399, title IV, § 413, Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–204, title I, § 134, Dec. 22, 1987, 101 Stat. 1344; Pub. L. 117–286, § 4(b)(44), Dec. 27, 2022, 136 Stat. 4348.)
## Notes
Editorial Notes
References in TextSection 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, referred to in subsec. (b), is section 150(a) of Pub. L. 99–93, title I, Aug. 16, 1985, 99 Stat. 427, which amended sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, by adding references to the Department and Secretary of State. Subsequent to this amendment, sections 2 and 11 of the Act, which were set out in the Appendix to Title 5, Government Organization and Employees, were significantly amended, and section 11 was renumbered as section 12, prior to their repeal and restatement as sections 402 and 401, respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4208, 4361.
Codification Section is comprised of section 413 of Pub. L. 99–399, as amended. Subsec. (e), formerly subsec. (a)(5), of section 413 amended section 5315 of Title 5, Government Organization and Employees. A former subsec. (a)(6) of section 413, which amended section 3929 of this title, was repealed by Pub. L. 99–529, title IV, § 405, Oct. 24, 1986, 100 Stat. 3020. Another subsec. (c) of section 413 amended section 3929a of this title.
Amendments2022—Subsec. (b). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.” 1987—Pub. L. 100–204 struck out former subsec. (a) designation and heading “Inspector General of Department of State”, redesignated former pars. (1) to (5) as subsecs. (a) to (e), respectively, and struck out former subsec. (b) which related to establishment of the Office of Policy and Program Review. See Codification note above.
Statutory Notes and Related Subsidiaries
Evaluation of Policies and Procedures of Department of State on Protection of Classified Information at Department HeadquartersPub. L. 107–306, title VIII, § 832, Nov. 27, 2002, 116 Stat. 2431, provided that: “(a) Evaluation Required.—Not later than December 31 of 2002, 2003, and 2004, the Inspector General of the Department of State shall conduct an evaluation of the policies and procedures of the Department on the protection of classified information at the Headquarters of the Department, including compliance with the directives of the Director of Central Intelligence (DCIDs) regarding the storage and handling of Sensitive Compartmented Information (SCI) material. “(b) Annual Report.—Except as provided in subsection (c), not later than February 1 of 2003, 2004, and 2005, the Inspector General shall submit to the following committees a report on the evaluation conducted under subsection (a) during the preceding year:“(1) The congressional intelligence committees. “(2) The Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives. “(c) Exception.—The date each year for the submittal of a report under subsection (b) may be postponed in accordance with section 507(d) of the National Security Act of 1947 [50 U.S.C. 3106(d)], as added by section 811 of this Act. “(d) Congressional Intelligence Committees Defined.—In this section, the term ‘congressional intelligence committees’ means—“(1) the Select Committee on Intelligence of the Senate; and “(2) the Permanent Select Committee on Intelligence of the House of Representatives.” [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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. 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.]
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# 22 U.S.C. § 4862 - Prohibition on use of funds for facilities in Israel, Jerusalem, or West Bank
## Text
None of the funds authorized to be appropriated by this Act may be obligated or expended for site acquisition, development, or construction of any facility in Israel, Jerusalem, or the West Bank.
(Pub. L. 99–399, title IV, § 414, Aug. 27, 1986, 100 Stat. 868.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853, known as the Omnibus Diplomatic Security and Antiterrorism Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of this title and Tables.
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# 22 U.S.C. § 4863 - Use of cleared personnel to ensure secure maintenance and repair of diplomatic facilities abroad
## Text
(a) Policies and regulations The Secretary of State shall develop and implement policies and regulations to provide for the use of persons who have been granted an appropriate United States security clearance to ensure that the security of areas intended for the storage of classified materials or the conduct of classified activities in a United States diplomatic mission or consular post abroad is not compromised in the performance of maintenance and repair services in those areas.
(b) Study and report The Secretary of State shall conduct a study of the feasibility and necessity of requiring that, in the case of certain United States diplomatic facilities abroad, no contractor shall be hired to perform maintenance or repair services in an area intended for the storage of classified materials or the conduct of classified activities unless such contractor has been granted an appropriate United States security clearance. Such study shall include, but is not limited to, United States facilities located in Cairo, New Delhi, Riyadh, and Tokyo. Not later than 180 days after February 16, 1990, the Secretary of State shall report the results of such study to the Chairman of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(Pub. L. 99–399, title IV, § 415, as added Pub. L. 101–246, title I, § 133(a), Feb. 16, 1990, 104 Stat. 32.)
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# 22 U.S.C. § 4864 - Increased participation of United States contractors in local guard contracts abroad under diplomatic security program
## Text
(a) Findings The Congress makes the following findings:
(1) State Department policy concerning the advertising of security contracts at Foreign Service buildings has been inconsistent over the years. In many cases, diplomatic and consular posts abroad have been given the responsibility to determine the manner in which the private sector was notified concerning an invitation for bids or a request for proposals with respect to a local guard contract. Some United States foreign missions have only chosen to advertise locally the availability of a local security guard contract abroad.
(2) As a result, many United States security firms that provide local guard services abroad have been unaware that local guard contracts were available for bidding abroad and such firms have been disadvantaged as a result.
(3) Undoubtedly, United States security firms would be interested in bidding on more local guard contracts abroad if such firms knew of the opportunity to bid on such contracts.
(b) Objective It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplomatic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings.
(c) Participation of United States contractors in local guard contracts abroad With respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after February 16, 1990, the Secretary of State shall—
(1) establish procedures to ensure that all solicitations for such contracts are adequately advertised in the Commerce and Business Daily;
(2) absent compelling reasons, award such contracts through the competitive process;
(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest evaluated price, except that proposals of United States persons and qualified United States joint venture persons (as defined in subsection (d)) shall be evaluated by reducing the bid price by 10 percent;
(4) in countries where contract denomination and/or payment in local currencies constitutes a barrier to competition by United States firms—
(A) allow solicitations to be bid in United States dollars; and
(B) allow contracts awarded to United States firms to be paid in United States dollars;
(5) ensure that United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits; and
(6) establish procedures to ensure that appropriate measures are taken by diplomatic and consular post management to assure that United States persons and qualified United States joint venture persons are not disadvantaged during the solicitation and bid evaluation process.
(d) Definitions For the purposes of this section—
(1) the term “United States person” means a person which—
(A) is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United States for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c);
(D) has performed within the United States or overseas security services similar in complexity to the contract being bid;
(E) with respect to the contract under subsection (c), has achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C);
(F) (i) employs United States citizens in at least 80 percent of its principal management positions in the United States; and
(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and
(G) has the existing technical and financial resources in the United States to perform the contract;
(2) the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture;
(3) the term “Foreign Service building” means any building or grounds of the United States which is in a foreign country and is under the jurisdiction and control of the Secretary of State, including residences of United States personnel assigned overseas under the authority of the Ambassador; and
(4) the term “barrier to local competition” means—
(A) conditions of extreme currency volatility;
(B) restrictions on repatriation of profits;
(C) multiple exchange rates which significantly disadvantage United States firms;
(D) government restrictions inhibiting the free convertibility of foreign exchange; or
(E) conditions of extreme local political instability.
(e) United States minority contractors Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States minority small business contractors.
(f) United States small business contractors Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States small business contractors.
(g) Limitation of subcontracting With respect to local guard contracts subject to subsection (c), a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
(h) Award of local guard and protective service contracts In evaluating proposals for local guard contracts under this section, the Secretary of State may award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101) and, with respect to such contracts for posts that are not high risk, high threat posts (as such term is defined in section 4803 of this title), subject to congressional notification 15-days prior to any such award.
(Pub. L. 101–246, title I, § 136, Feb. 16, 1990, 104 Stat. 33; Pub. L. 103–236, title I, § 141, Apr. 30, 1994, 108 Stat. 401; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2210, Oct. 21, 1998, 112 Stat. 2681–811; Pub. L. 114–323, title I, § 112, Dec. 16, 2016, 130 Stat. 1910.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, and not as part of the Diplomatic Security Act which comprises this chapter.
Amendments2016—Subsec. (h). Pub. L. 114–323 added subsec. (h). 1998—Subsec. (c)(3). Pub. L. 105–277, § 2210(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “in evaluating and scoring proposals for such contracts, award not less than 60 percent of the total points on the basis of technical factors and subfactors;”. Subsec. (c)(5). Pub. L. 105–277, § 2210(2), inserted “and” at end. Subsec. (c)(6). Pub. L. 105–277, § 2210(3), substituted period for “; and” at end. Subsec. (c)(7). Pub. L. 105–277, § 2210(4), struck out par. (7) which read as follows: “give preference to United States persons and qualified United States joint venture persons where such persons are price competitive to the non-United States persons bidding on the contract, are properly licensed by the host government, and are otherwise qualified to carry out all the terms of the contract.” 1994—Subsec. (c). Pub. L. 103–236, § 141(1), added pars. (2) to (5), redesignated former pars. (2) and (3) as (6) and (7), respectively, and in par. (6) struck out “due to their distance from the post” after “evaluation process”. Subsec. (d)(1)(D). Pub. L. 103–236, § 141(2)(A), substituted “or” for “and”. Subsec. (d)(4). Pub. L. 103–236, § 141(2)(B)–(D), added par. (4).
Statutory Notes and Related Subsidiaries
Strengthening OversightPub. L. 115–31, div. J, title VII, § 7004(i), May 5, 2017, 131 Stat. 618, provided that: “Funds appropriated by this Act [div. J of Pub. L. 115–31, 131 Stat. 589, see Tables for classification] and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading ‘Diplomatic and Consular Programs’ for Worldwide Security Protection shall be made available to strengthen oversight of the local guard force at a critical post abroad through the use of United States Government employees or contractors who are United States citizens: Provided, That such funds are in addition to funds otherwise made available by such Acts for such purposes: Provided further, That the total annual operating costs associated with providing such oversight in fiscal year 2017 and subsequent fiscal years shall be shared among agencies through the International Cooperative Administrative Support Services program: Provided further, That not later than 45 days after enactment of this Act [May 5, 2017], and prior to the obligation of funds for such purposes, the Secretary of State shall consult with the Committees on Appropriations on plans to carry out the requirement of this subsection.”
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.‘
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# 22 U.S.C. § 4866 - Security training for personnel assigned to a high risk, high threat post
## Text
(a) In general Individuals assigned permanently to or who are in long-term temporary duty status as designated by the Secretary of State at a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to prepare such individuals for living and working at such posts.
(b) Security training described Security training referred to in subsection (a)—
(1) is training to improve basic knowledge and skills; and
(2) may include—
(A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack;
(B) conducting surveillance detection;
(C) providing emergency medical care;
(D) ability to detect the presence of improvised explosive devices;
(E) minimal firearms familiarization; and
(F) defensive driving maneuvers.
(c) Effective date The requirements of this section shall take effect upon December 16, 2016.
(d) Definitions In this section and section 4867 of this title:
(1) Complex attack The term “complex attack” has the meaning given such term by the North Atlantic Treaty Organization, as follows: “An attack conducted by multiple hostile elements which employ at least two distinct classes of weapon systems (i.e., indirect fire and direct fire, improvised explosive devices, and surface to air fire).”.
(2) High risk, high threat post The term “high risk, high threat post” has the meaning given such term in section 4803 of this title.
(Pub. L. 99–399, title IV, § 416, as added Pub. L. 114–323, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1913.)
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# 22 U.S.C. § 4867 - Security management training for officials assigned to a high risk, high threat post
## Text
(a) In general Officials described in subsection (c) who are assigned to a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to improve the ability of such officials to make security-related management decisions.
(b) Security training described Security training referred to in subsection (a) may include—
(1) development of skills to better evaluate threats;
(2) effective use of security resources to mitigate such threats; and
(3) improved familiarity of available security resources.
(c) Officials described Officials referred to in subsection (a) are the following:
(1) Members of the Senior Foreign Service appointed under section 3942(a)(1) or 3943 of this title or members of the Senior Executive Service (as such term is described in section 3132(a)(2) of title 5).
(2) Foreign Service officers appointed under section 3942(a)(1) of this title holding a position in classes FS–1 or FS–2.
(3) Foreign Service Specialists appointed by the Secretary under section 3943 of this title holding a position in classes FS–1 or FS–2.
(4) Individuals holding a position in grades GS–14 or GS–15.
(5) Personal services contractors and other contractors serving in positions or capacities similar to the officials described in paragraphs (1) through (4).
(d) Effective date The requirements of this section shall take effect beginning on the date that is 1 year after December 16, 2016.
(Pub. L. 99–399, title IV, § 417, as added Pub. L. 114–323, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1913.)
## Notes
Editorial Notes
References in TextGS–14 and GS–15, referred to in subsec. (c)(4), are contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Definitions For definition of “high risk, high threat post” as used in this section, see section 4866(d)(2) of this title.
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# 22 U.S.C. § 4868 - Assignment of personnel at high risk, high threat posts
## Text
The Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts (as such term is defined in section 4803 of this title) in order to—
(1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located; and
(2) ensure that necessary security procedures are implemented.
(Pub. L. 114–323, title I, § 117, Dec. 16, 2016, 130 Stat. 1912.)
## Notes
Editorial Notes
References in TextSection 4803 of this title, referred to in text, was in the original “section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 401 of this Act” and was translated as reading “section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 101(a) of this Act”, meaning section 104 of Pub. L. 99–399, as added by section 101(a) of Pub. L. 114–323, which is classified to section 4803 of this title.
Codification Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Diplomatic Security Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions The term “Secretary” as used in this section means the Secretary of State, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
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# 22 U.S.C. § 4869 - Counter-intelligence training for certain Diplomatic Security special agents
## Text
(a) In general Diplomatic Security special agents who are assigned to positions with a primary counterintelligence role or a diplomatic post rated as High or Critical for Human Intelligence on the Department of State’s Security Environment Threat List shall receive specific and substantive mandatory counter-intelligence training that is developed and conducted in consultation with the heads of relevant elements of the intelligence community.
(b) Intelligence community defined In this section, the term “intelligence community” has the meaning given that term in 3003(4) of title 50.”.
(Pub. L. 99–399, title IV, §418, as added Pub. L. 119–60, div. E, title V, § 5504(a), Dec. 18, 2025, 139 Stat. 1600.)