Upon the request of the Secretary of State, the Secretary of the Navy may assign enlisted members of the naval service to serve as custodians under the supervision of the principal officer at any embassy, legation, or consulate.
10 U.S. Code § 8183 - State Department: assignment of enlisted members as custodians of buildings in foreign countries
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Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Department of Defense Support to Security of United States Diplomatic Facilities
“(a) Marine Corps Security Guard Program.—
“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, shall—
develop and implement a plan to incorporate the additional Marine Corps Security Guard personnel authorized under section 404 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 5983 [now 8183] note) at United States embassies, consulates, and other facilities;
“(B) conduct an annual review of the Marine Corps Security Guard Program, including—
an evaluation of whether the size and composition of the Marine Corps Security Guard Program is adequate to meet global diplomatic security requirements;
an assessment of whether Marine Corps security guards are appropriately deployed among facilities to respond to evolving security developments and potential threats to United States diplomatic facilities abroad; and
an assessment of the mission objectives of the Marine Corps Security Guard Program and the procedural rules of engagement to protect diplomatic personnel under the Program; and
provide an assessment of the effectiveness of Department of Defense-provided Security Augmentation Units utilized during the previous year to improve security at high threat, high risk facilities, including an evaluation of any impediments to the effectiveness of such units.
“(2) Reporting requirement.—
Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees an unclassified report, with a classified annex as necessary, that addresses the requirements set forth in paragraph (1).
“(b) Report on ‘New Normal’ and General Mission Requirements of United States Africa Command.—
“(1) In general.—
Not later than March 1, 2015, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on what changes, if any, have been made to the force posture and structure of the United States Africa Command or adjacent combatant commands to respond, if requested, to a diplomatic facility’s security requirements (so-called ‘new normal’ requirements) and general mission of United States Africa Command.
“(2) Elements.—The report required by paragraph (1) shall include the following elements:
A detailed description of the ‘new normal’ requirements in the area of responsibility of the United States Africa Command.
A description of any changes required for the United States Africa Command or adjacent combatant commands to meet the ‘new normal’ and general mission requirements in the United States Africa Command area of responsibility, including the gaps in capability, size, posture, agreements, basing, and enabler support of crisis response forces and associated assets to respond to requests for support from the Secretary of State.
A discussion and estimate of the military forces required to support mission requirements of the United States Africa Command and the shortfall, if any, in meeting such requirements.
A discussion and estimate of the annual intelligence, surveillance, and reconnaissance requirements of the United States Africa Command and the shortfall, if any, in meeting such requirements.
The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
Additional Marine Corps Personnel for the Marine Corps Security Guard Program
“(a) Additional Personnel.—
“(1) In general.—
The Secretary of Defense shall develop and implement a plan to increase the number of members of the Marine Corps assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, and Marine Security Group Regional Commands and Marine Security Group detachments at United States embassies, consulates, and other diplomatic facilities by up to 1,000 Marines.
The purpose of the increase under paragraph (1) is to provide the additional end strength and the resources necessary to support enhanced Marine Corps security at United States embassies, consulates, and other diplomatic facilities, particularly at locations identified by the Secretary of State as in need of additional security because of threats to United States personnel and property.
The Secretary of Defense shall develop and implement the plan required by subsection (a) in consultation with the Secretary of State pursuant to the responsibility of the Secretary of State for diplomatic security under section 103 of the Diplomatic Security Act (22 U.S.C. 4802), and in accordance with any current memorandum of understanding between the Department of State and the Marine Corps on the operational and administrative supervision of the Marine Corps Security Guard Program.
“(c) Supporting Information for Budget Requests.—The material submitted in support of the budget of the President for each fiscal year after fiscal year 2013, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, shall include the following with regard to the Marine Corps Security Guard Program:
“(1) A description of the expanded security support to be provided by Marine Corps Security Guards to the Department of State during that fiscal year, including—
any increased internal security to be provided at United States embassies, consulates, and other diplomatic facilities;
any increased support for emergency action planning, training, and advising of host nation security forces; and
any expansion of intelligence collection activities.
A description of the current status of Marine Corps personnel assigned to the Marine Corps Security Guard Program as a result of the plan required by subsection (a).
A description of the Department of Defense resources required during that fiscal year for the Marine Corps Security Guard Program, including total funding for personnel, operation and maintenance, and procurement, and for key supporting programs to enable both the current and expanded Program mission during that fiscal year.
“(d) Preservation of Funding for Marine Corps Under National Military Strategy.—
In determining the amounts to be requested for each fiscal year after fiscal year 2013 for the Marine Corps Security Guard Program and for additional personnel under the Program, the President shall ensure that amounts requested for the Marine Corps for that fiscal year do not degrade the readiness of the Marine Corps to fulfill the requirements of the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff.
“(e) Reporting Requirements.—
“(1) Mission assessment.—Not later than October 1, 2013, the Secretary of Defense shall—
conduct an assessment of the mission of the Marine Corps Security Guard Program and the procedural rules of engagement under the Program, in light of current and emerging threats to United States diplomatic personnel; and
submit to Congress a report on the assessment, including a description and assessment of options to improve the Program to respond to such threats.
“(2) Notification of changes in scope of program in response to changing threats.—If the President determines that a modification (whether an increase or a decrease) in the scope of the Marine Corps Security Guard Program is necessary or advisable in light of any change in the nature of threats to United States embassies, consulates, and other diplomatic facilities abroad, the President shall—
notify Congress of such modification and the change in the nature of threats prompting such modification; and
take such modification into account in requesting an end strength and funds for the Program for any fiscal year in which such modification is in effect.”