§ 4802 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1152

spectively. 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).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment 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

Section 1 of Pub. L. 99–399 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 2405 of Title 50, Appendix, 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’.’’

Section 101 of Pub. L. 99–399 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’.’’

§ 4802. Responsibility of Secretary of State

(a) Security functions

(1) The Secretary of State shall develop and

implement (in consultation with the heads of

other Federal agencies having personnel or 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 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) 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.
Page 1153 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4802

1So in original. Probably should be followed by ‘‘; and’’.

2So in original. Probably should be capitalized.

(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

The Secretary of State shall—

(1) 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) 1

(2) 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 2

General, Agency for International Development).

(d) Federal agency

As used in this subchapter and subchapter III

of this chapter, 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.)

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a)(2)(G), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424,

as amended. Chapter 8 of part II of the Act is classified

generally to part VIII (§2349aa et seq.) of subchapter II

of chapter 32 of this title. For complete classification

of this Act to the Code, see Short Title note set out

under section 2151 of this title and Tables.

AMENDMENTS

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).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment 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.

PERSONNEL SECURITY PROGRAM FOR EMBASSIES IN

HIGH INTELLIGENCE THREAT COUNTRIES

Pub. L. 100–204, title I, §155, Dec. 22, 1987, 101 Stat.

1353, provided that:

‘‘(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 high intelligence threat countries who are responsible for security at those posts and for any individuals performing
§§ 4803, 4804 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1154

guard functions at those posts. Such program shall include—

‘‘(1) selection criteria and screening to ensure suitability for assignment to high intelligence threat

countries;

‘‘(2) counterintelligence awareness and related

training;

‘‘(3) security reporting and command arrangements

designed to counter intelligence threats; and

‘‘(4) length of duty criteria and policies regarding

rest and recuperative absences.

‘‘(b) REPORT TO CONGRESS.—Not later than 6 months

after the date of enactment of this subsection [Dec. 22,

1987], the Secretary of State shall report to the Congress on the special personnel security program required by subsection (a).

‘‘(c) DEFINITION.—As used in subsection (a), the term

‘high intelligence threat country’ means—

‘‘(1) a country listed as a Communist country in

section 620(f) of the Foreign Assistance Act of 1961 [22

U.S.C. 2370(f)]; and

‘‘(2) any other country designated as a high 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.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4805 of this title;

title 15 section 4721; title 49 section 44934.

§§ 4803, 4804. Repealed. Pub. L. 103–236, title I,

§ 162(g)(3), (4), Apr. 30, 1994, 108 Stat. 407

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.

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.

EFFECTIVE DATE OF REPEAL

Repeal 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 an Effective

Date of 1994 Amendment note under section 2651a of

this title.

§ 4805. Cooperation of other Federal agencies

(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.)

REFERENCES IN TEXT

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 401 of Title 50, War and National Defense.

§ 4806. Protection of foreign consulates

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.)

AMENDMENTS

1994—Pub. L. 103–236 substituted ‘‘The Secretary of

State shall take into account security considerations’’

for ‘‘The Chief of Protocol of the Department of State

shall consult with the Assistant Secretary of Diplomatic Security’’.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment 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.

SUBCHAPTER II—PERSONNEL

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 5 section 5545a.

§ 4821. Diplomatic Security Service

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.)

AMENDMENTS

1994—Pub. L. 103–236 amended section generally. Prior

to amendment, section read as follows: ‘‘There shall be,

within the Bureau of Diplomatic Security, the Diplomatic Security Service. The Diplomatic Security Service shall perform such functions as may be assigned to

it by the Secretary of State.’’

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of