U.S. Department of State

Appoint a Visa and Passport Security Program Coordinator

As required by the IRTPA, the Assistant Secretary for the Bureau of Diplomatic Security has designated the Director of Investigations and Counterintelligence as the individual responsible for implementation of the Program. This position is staffed by a Special Agent in Charge who coordinates both domestic and international law enforcement operations and reports directly to the Assistant Director for Domestic Operations.

Enhance DS Domestic Investigative Capability

DS will continue to enhance its domestic criminal investigations program to fulfill the requirements of the Secure Border Initiative, especially in regions of the United States that historically have experienced high levels of travel document fraud. In the immediate post-9/11 era, DS initially expanded its liaison and task force efforts with several federal law enforcement agencies and intelligence organizations. Additional domestic personnel are required to support our local, state, and federal law enforcement colleagues and pursue leads generated by overseas investigations. This augmentation of DS resources reflects the Bureau's expanded mission in investigating and apprehending perpetrators of transnational travel document fraud.

Assign Special Agents to Key Domestic Processing Sites

The assignment of additional agents to CA's passport field offices, the National Passport Center, and the National Visa Center is critical to ensuring the timely investigation of travel documents thought to be fraudulent during the inspection and processing of visa and passport applications. Enhancing DS's presence at these centers will integrate thoroughly DS's law enforcement and CA's fraud-fighting efforts. This initiative also will augment and expand ongoing DS-CA efforts to investigate petition revocations and prosecute alien smugglers.

Expand DS's Global Pursuit Initiative

Through the Global Pursuit Initiative, DS Special Agents are assigned to major international airports in the United States to investigate irregularities in U.S. visas and passports. These DS Special Agents work in conjunction with Customs and Border Protection (CBP) inspectors and Immigration and Customs Enforcement (ICE) agents stationed at multiple ports of entry. Expansion of this program to 35 of the Federal Aviation Administration's (FAA) major international airports in the United States will enhance DS's ability to respond, investigate, and collect intelligence on trends in visa and passport violations. DS Special Agents will enhance CBP inspectors' and ICE agents' investigative capabilities through DS's worldwide law enforcement network.

Expand the Civil Service Criminal Investigator Program

Criminal investigative programs require continuity to leverage the experience of an organization's special agents with their extensive network of local, state, and federal law enforcement colleagues. Although the Department's diplomatic mission requires DS to focus on international law enforcement and security programs, the success of the Visa and Passport Security Program can be achieved only through an effective domestic effort. Since 2004, DS has identified this need and committed itself to building a strong domestic foundation for its worldwide criminal program. In the past two years, more than 20 Civil Service criminal investigator positions have been created to provide continuity; an increased domestic criminal investigative capacity; and an augmented ability to respond to the needs of DS investigations and those of local, state, and federal law enforcement counterparts. In addition, DS will explore with the Department the possibility of establishing a pilot program for Foreign Service Special Agents to convert to the Civil Service and remain with DS. This initiative would allow DS to continue developing qualified law enforcement professionals and increase the ability of the organization to retain these valuable human assets.

Increase Dedicated Legal Support

DS's expanded global law enforcement program will require greater in-house legal assistance to address sufficiently the specific law enforcement needs of the Bureau. DS will seek to increase the number of Department attorneys dedicated to working on DS criminal law enforcement investigations and prosecutions and to enhance the attorneys' roles in providing legal expertise in applicable criminal law.

These attorneys will assist DS in coordinating DS criminal investigations with the U.S. Department of Justice (DOJ) and U.S. Attorney's offices across the country. DS also will seek funding for the support of designated prosecutors in selected U.S. Attorney offices throughout the United States to target and prosecute document fraud violators. This initiative reflects DS's strengthened domestic investigative program and concentrates on those regions with high rates of travel document fraud. The ever-increasing scope, complexity, and occurrence of travel document fraud in the United States requires dedicated attorneys to zealously prosecute violators and uphold the integrity of U.S. travel documents and related statutes.

Additional legal staff will assist DS in identifying areas in which expansion or modification of existing legal authorities may be required to enhance the ability of the Department to maintain the integrity of U.S. travel documents and improve both DS enforcement and government prosecution efforts. Examples of such authorities that have already been identified include: administrative subpoena authority; trafficking in persons enforcement authority; limitation on venue in false passport application investigations; and a mens rea (criminal intent) requirement through Chapter 75 of Title 18. In some cases, legislative remedies already have been proposed; in others, further legal analysis is required. In both cases, additional legal staff will help ensure that DS has the appropriate legal tools necessary for the Program to succeed.