§4804 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary must give monthly briefings to certain congressional committees about efforts to open or reopen high-risk, high-threat diplomatic posts. The briefings must cover progress and remaining obstacles, the national security importance and risks of keeping a post closed, plans to speed approval and funding, steps to set up physical security and staff the post, the kinds of security threats the post could face and warning signs that would trigger stepped-up protection or evacuation, and, working with the Secretary of Defense, an evaluation of U.S. military assets and plans to respond in extreme situations. The briefings must also report on staffing and rotation schedules, the current security posture at posts of special concern, and progress on implementing the provisions in title I of the Department of State Authorities Act, Fiscal Year 2017. The term "appropriate congressional committees" means these House committees: Committee on Foreign Affairs; Committee on Armed Services; Permanent Select Committee on Intelligence; and Committee on Appropriations. It also means these Senate committees: Committee on Foreign Relations; Committee on Armed Services; Select Committee on Intelligence; and Committee on Appropriations. Before opening or reopening a high-risk, high-threat post, the Secretary must notify those committees at least 30 days in advance. If national security requires opening in less than 30 days, the Secretary must notify the committees as soon as possible, but no later than 48 hours before, and explain the decision, the critical national security value, and why the 30-day notice could not be given.

Title 22, §4804

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)(1)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)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)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