§ 4802. — Responsibility of Secretary of State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4802]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 58--DIPLOMATIC SECURITY
SUBCHAPTER I--GENERALLY
Sec. 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 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) \1\ of this
title.
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\1\ See References in Text note below.
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(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
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) \2\
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\2\ So in original. Probably should be followed by ``; and''.
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(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 \3\ General, Agency for
International Development).
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\3\ So in original. Probably should be capitalized.
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(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, Sec. 103, Aug. 27, 1986, 100 Stat. 856; Pub.
L. 100-202, Sec. 101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat.
1329-131, 1329-141; Pub. L. 100-461, title II, Sec. 201, Oct. 1, 1988,
102 Stat. 2268-10; Pub. L. 101-246, title I, Sec. 115(b), Feb. 16, 1990,
104 Stat. 22; Pub. L. 103-236, title I, Sec. 162(g)(2), Apr. 30, 1994,
108 Stat. 406; Pub. L. 103-415, Sec. 1(f)(4)(A)(i), Oct. 25, 1994, 108
Stat. 4300; Pub. L. 107-228, div. A, title V, Sec. 505(a), Sept. 30,
2002, 116 Stat. 1393.)
References in Text
Section 2708 of this title, referred to in subsec. (a)(2)(B)(xi),
was amended generally by Pub. L. 105-323, title I, Sec. 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, as amended.
Chapter 8 of part II of the Act is classified generally to part VIII
(Sec. 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
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).
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, Sec. 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 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 sections 2151aa, 4805 of this title;
title 15 section 4721; title 49 section 44934.
