22 U.S.C. § 4807: Establishment of Visa and…

Summary

Creates a Visa and Passport Security Program inside the State Department’s Diplomatic Security Bureau. The Assistant Secretary for Diplomatic Security must work with the Bureau of Consular Affairs, the counterterrorism coordinator, the National Counterterrorism Center, and the Department of Homeland Security to make a strategic plan. The plan must stop people and groups who make, sell, or use fake U.S. visas or passports, papers used to get those documents, or foreign travel documents used to enter the United States. It must pay special attention to people tied to domestic or foreign terrorist groups, set up an Antiterrorism Assistance (ATA) training course to spot fake documents and do forensic checks, and study the costs and benefits of helping other countries secure and enforce their travel documents. The Assistant Secretary must name a leader for the Program who has experience investigating and prosecuting visa and passport fraud. The Program will study how terrorists travel and suggest visa process or technology changes, work with the Human Trafficking and Smuggling Center to identify and share information about document forgers, find foreign countries that need technical help, and randomly check visa and passport applications at high-risk posts. Within 90 days after the strategy required under section 7201 is sent to Congress, the Assistant Secretary must report to Congress describing the plan and whether civil service positions in field offices should be created to investigate fraud, including converting diplomatic security agents to civil service.

Title 22, §4807

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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, 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 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 section 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.

§4807 Establishment of Visa and Passport Security Program in the Department of State