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

Summary

The Secretary must give monthly briefings to the appropriate congressional committees about efforts to open or reopen U.S. posts that are high risk and high threat. The briefings must describe progress, why the post matters to U.S. security, risks from keeping it closed, remaining obstacles, plans to speed approvals and funding, steps to put in physical security and provide needed staff and equipment, the kinds of threats the post could face and the "tripwires" that would trigger stronger security or evacuation, and, working with the Defense Secretary, what U.S. military assets and plans could respond. The briefings must also cover staffing and rotation cycles, current security at posts of special concern, and progress on implementing Title I of the Department of State Authorities Act, Fiscal Year 2017. Normally the Secretary must notify those committees at least 30 days before opening or reopening a high-risk, high-threat post. If national security requires a faster opening, the Secretary must notify as soon as possible but no later than 48 hours before, and must explain the national security value, the critical interests at stake, and why 30 days' notice was not possible. "Appropriate congressional committees" means the House Committees on Foreign Affairs; Armed Services; Permanent Select Committee on Intelligence; and Appropriations, and the Senate Committees on Foreign Relations; Armed Services; Select Committee on Intelligence; and Appropriations.

Title 22, §4804

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title I of the Department of State Authorities Act, Fiscal Year 2017, referred to in subsec. (a)(4), is title I of Pub. L. 114–323, Dec. 16, 2016, 130 Stat. 1907, which enacted this section and section 304, 2679d, 4803, and 4866 to 4868 of this title, amended section 292, 295, 2701, 4834, 4864, and 4865 of this title, enacted provisions set out as notes under section 4802 and 4834 of this title, and amended provisions set out as a note under section 4865 of this title.

Prior Provisions

A prior section 4804, Pub. L. 99–399, title I, § 105, Aug. 27, 1986, 100 Stat. 856, set out responsibilities of 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.

Amendments

2025—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’ ”.

§4804 Briefings on Embassy Security