22 U.S.C. § 2651a (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 38: DEPARTMENT OF STATE / Section 2651a: Organization of Department of State
Organization of Department of State
Status: in_force

(a) Secretary of State

(1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the "Secretary").

(2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate.

(3)(A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President.

(B)(i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer.

(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers.

(4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions.

(b) Under Secretaries

(1) In general

There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5.

(2) Under Secretary for Arms Control and International Security

There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters.

(3) Under Secretary for Public Diplomacy

There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Public Diplomacy, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formation and implementation of United States public diplomacy policies and activities, including international educational and cultural exchange programs, information, and international broadcasting. The Under Secretary for Public Diplomacy shall—

(A) prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department;

(B) ensure the design and implementation of appropriate program evaluation methodologies;

(C) provide guidance to Department personnel in the United States and overseas who conduct or implement public diplomacy policies, programs, and activities;

(D) assist the United States Agency for International Development and the Broadcasting Board of Governors to present the policies of the United States clearly and effectively;

(E) submit statements of United States policy and editorial material to the Broadcasting Board of Governors for broadcast consideration; and

(F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for—

(i) the Bureau of Educational and Cultural Affairs;

(ii) the Bureau of Global Public Affairs;

(iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs;

(iv) the Global Engagement Center; and

(v) the public diplomacy functions within the regional and functional bureaus.

(4) Nomination of Under Secretaries

Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the particular Under Secretary position in the Department of State that the individual shall have.

(c) Assistant Secretaries

(1) In general

There shall be in the Department of State not more than 24 Assistant Secretaries of State who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5. Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.

(2) Assistant Secretary of State for Democracy, Human Rights, and Labor

(A) There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Secretary of State shall carry out the Secretary's responsibility under section 2304 of this title through the Assistant Secretary.

(B) The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy including the following:

(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 2151n and 2304 of this title are relevant.

(ii) Preparing the statements and reports to Congress required under section 2304 of this title.

(iii) Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 2151n and 2304 of this title, and as part of the Assistant Secretary's overall policy responsibility for the creation of United States Government human rights policy, advising the Administrator of the Agency for International Development on the policy framework under which section 2151n(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects.

(iv) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.

(3) Assistant Secretary for International Narcotics and Law Enforcement Affairs

(A) In general

There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate.

(B) Areas of responsibility

The Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters:

(i) Combating international narcotics production and trafficking.

(ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets.

(iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting.

(iv) Ensuring the inclusion of human rights and women's participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices.

(v) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime.

(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments' anti-corruption efforts.

(C) Additional duties

In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also—

(i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies;

(ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department;

(iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized;

(iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 3927 of this title; and

(v) carry out such other relevant duties as the Secretary may assign.

(D) Rule of construction

Nothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.

(4) Assistant Secretary for economic and business matters

(A) In general

Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be responsible to the Secretary of State for matters pertaining to international economics and business matters in the conduct of foreign policy.

(B) Matters contemplated

The matters referred to in subparagraph (A) include the following:

(i) International trade and investment policy.

(ii) International finance, economic development, and debt policy.

(iii) Economic sanctions and combating terrorist financing.

(iv) International transportation policy.

(v) Support for United States businesses.

(vi) Economic policy analysis and private sector outreach.

(vii) International data privacy and innovation policies.

(viii) Such other related duties as the Secretary may from time to time designate.

(C) Coordination

The Assistant Secretary authorized under subparagraph (A) shall coordinate with the Office of Sanctions Coordination established under subsection (h) with respect to the development and implementation of economic sanctions.

(5) Nomination of Assistant Secretaries

Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the regional or functional bureau or bureaus of the Department of State with respect to which the individual shall have responsibility.

(d) Other senior officials

In addition to officials of the Department of State who are otherwise authorized to be appointed by the President, by and with the advice and consent of the Senate, and to be compensated at level IV of the Executive Schedule of 1 section 5315 of title 5 four other such appointments are authorized.

(e) Coordinator for Counterterrorism

(1) In general

There is within the office of the Secretary of State a Coordinator for Counterterrorism (in this paragraph referred to as the "Coordinator") who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) Duties

(A) In general

The Coordinator shall perform such duties and exercise such powers as the Secretary of State shall prescribe.

(B) Duties described

The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State.

(3) Rank and status of Ambassador

The Coordinator shall have the rank and status of Ambassador at Large.

(f) HIV/AIDS Response Coordinator

(1) In general

There shall be established within the Department of State in the immediate office of the Secretary of State a Coordinator of United States Government Activities to Combat HIV/AIDS Globally, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary.

(2) Authorities and duties; definitions

(A) Authorities

The Coordinator, acting through such nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, and other relevant ministries, and relevant executive branch agencies as may be necessary and appropriate to effect the purposes of this section, is authorized—

(i) to operate internationally to carry out prevention, care, treatment, support, capacity development, and other activities for combatting HIV/AIDS;

(ii) to transfer and allocate funds to relevant executive branch agencies; and

(iii) to provide grants to, and enter into contracts with, nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, and other relevant ministries, to carry out the purposes of section.

(B) Duties

(i) In general

The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to combat the HIV/AIDS pandemic, including all programs, projects, and activities of the United States Government relating to the HIV/AIDS pandemic under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 [22 U.S.C. 7601 et seq.] or any amendment made by that Act.

(ii) Specific duties

The duties of the Coordinator shall specifically include the following:

(I) Ensuring program and policy coordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs.

(II) Ensuring that each relevant executive branch agency undertakes programs primarily in those areas where the agency has the greatest expertise, technical capabilities, and potential for success.

(III) Avoiding duplication of effort.

(IV) Establishing an interagency working group on HIV/AIDS headed by the Global AIDS Coordinator and comprised of representatives from the United States Agency for International Development and the Department of Health and Human Services, for the purposes of coordination of activities relating to HIV/AIDS, including—

(aa) meeting regularly to review progress in partner countries toward HIV/AIDS prevention, treatment, and care objectives;

(bb) participating in the process of identifying countries to consider for increased assistance based on the epidemiology of HIV/AIDS in those countries, including clear evidence of a public health threat, as well as government commitment to address the HIV/AIDS problem, relative need, and coordination and joint planning with other significant actors;

(cc) assisting the Coordinator in the evaluation, execution, and oversight of country operational plans;

(dd) reviewing policies that may be obstacles to reaching targets set forth for HIV/AIDS prevention, treatment, and care; and

(ee) consulting with representatives from additional relevant agencies, including the National Institutes of Health, the Health Resources and Services Administration, the Department of Labor, the Department of Agriculture, the Millennium Challenge Corporation, the Peace Corps, and the Department of Defense.

(V) Coordinating overall United States HIV/AIDS policy and programs, including ensuring the coordination of relevant executive branch agency activities in the field, with efforts led by partner countries, and with the assistance provided by other relevant bilateral and multilateral aid agencies and other donor institutions to promote harmonization with other programs aimed at preventing and treating HIV/AIDS and other health challenges, improving primary health, addressing food security, promoting education and development, and strengthening health care systems.

(VI) Resolving policy, program, and funding disputes among the relevant executive branch agencies.

(VII) Holding annual consultations with nongovernmental organizations in partner countries that provide services to improve health, and advocating on behalf of the individuals with HIV/AIDS and those at particular risk of contracting HIV/AIDS, including organizations with members who are living with HIV/AIDS.

(VIII) Ensuring, through interagency and international coordination, that HIV/AIDS programs of the United States are coordinated with, and complementary to, the delivery of related global health, food security, development, and education.

(IX) Directly approving all activities of the United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote d'Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Vietnam, Zambia, and other countries designated by the President, which other designated countries may include those countries in which the United States is implementing HIV/AIDS programs as of May 27, 2003, and other countries in which the United States is implementing HIV/AIDS programs as part of its foreign assistance program. In designating additional countries under this subparagraph, the President shall give priority to those countries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general population and inadequate financial means within the country.

(X) Working with partner countries in which the HIV/AIDS epidemic is prevalent among injection drug users to establish, as a national priority, national HIV/AIDS prevention programs.

(XI) Working with partner countries in which the HIV/AIDS epidemic is prevalent among individuals involved in commercial sex acts to establish, as a national priority, national prevention programs, including education, voluntary testing, and counseling, and referral systems that link HIV/AIDS programs with programs to eradicate trafficking in persons and support alternatives to prostitution.

(XII) Establishing due diligence criteria for all recipients of funds appropriated for HIV/AIDS assistance pursuant to the authorization of appropriations under section 7671 of this title and all activities subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities.

(XIII) Publicizing updated drug pricing data to inform the purchasing decisions of pharmaceutical procurement partners.

(C) Definitions

In this paragraph:

(i) AIDS

The term "AIDS" means acquired immune deficiency syndrome.

(ii) HIV

The term "HIV" means the human immunodeficiency virus, the pathogen that causes AIDS.

(iii) HIV/AIDS

The term "HIV/AIDS" means, with respect to an individual, an individual who is infected with HIV or living with AIDS.

(iv) Relevant executive branch agencies

The term "relevant executive branch agencies" means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including the Public Health Service), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act.

(g) Bureau of Consular Affairs

There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs.

(h) Bureau of Population, Refugees, and Migration

There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.

(i) Bureau of Cyberspace and Digital Policy

(1) In general

There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the "Bureau"). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate.

(2) Duties

(A) In general

The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the diplomatic and foreign policy aspects of the policy described in section 9501(a) of the Department of State Authorization Act of 2022 [22 U.S.C. 10301(a)].

(B) Duties described

The principal duties and responsibilities of the head of the Bureau shall, in furtherance of the diplomatic and foreign policy mission of the Department of State, be—

(i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues;

(ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State's diplomatic cyberspace, and cybersecurity efforts (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau);

(iii) to coordinate with relevant Federal agencies and the Office of the National Cyber Director to ensure the diplomatic and foreign policy aspects of the cyber strategy in section 9501 of the Department of State Authorization Act of 2022 [22 U.S.C. 10301] and any other subsequent strategy are implemented in a manner that is fully integrated with the broader strategy;

(iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally;

(v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022;

(vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and international information and communications technology issues;

(vii) to support United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity;

(viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries;

(ix) to promote the building of foreign capacity relating to cyberspace policy priorities;

(x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model;

(xi) to promote an international environment for technology investments and the internet that benefits United States economic and national security interests;

(xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;

(xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats;

(xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022;

(xv) to promote international policies, in coordination with the Department of Commerce, to secure radio frequency spectrum in the best interests of the United States;

(xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet;

(xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues;

(xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices;

(xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and

(xx) to conduct such other matters as the Secretary of State may assign.

(3) Qualifications

The head of the Bureau should be an individual of demonstrated competency in the fields of—

(A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and

(B) international diplomacy.

(4) Organizational placement

(A) Initial placement

Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State.

(B) Subsequent placement

The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State—

(i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and

(ii) submits a report to such committees that—

(I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from—

(aa) other relevant Federal entities with a role in international aspects of cyber policy; and

(bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to—

(AA) the Under Secretary of State for Political Affairs;

(BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights;

(CC) the Under Secretary of State for Economic Growth, Energy, and the Environment;

(DD) the Under Secretary of State for Arms Control and International Security Affairs;

(EE) the Under Secretary of State for Management; and

(FF) the Under Secretary of State for Public Diplomacy and Public Affairs;

(II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and

(III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.

(5) Special hiring authorities

The Secretary of State may—

(A) appoint up to 25 employees to cyber positions in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, regarding appointments in the competitive service; and

(B) fix the rates of basic pay of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates, provided that the rates for such positions do not exceed the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5.

(6) Coordination

In implementing the duties prescribed under paragraph (2), the head of the Bureau shall coordinate with the heads of other Federal agencies, including the Department of Commerce, the Department of Homeland Security, and other Federal agencies that the National Cyber Director deems appropriate.

(7) Rule of construction

Nothing in this subsection may be construed—

(A) to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1); or

(B) to alter or modify the existing authorities of any other Federal agency or official.

(j) Special appointments

(1) Positions exercising significant authority

The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate.

(2) Positions not exercising significant authority

The President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:

(A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States.

(B) A description of the duties and purpose of the position.

(C) The rationale for giving the specific title and function to the position.

(3) Limited exception for temporary appointments exercising significant authority

The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after December 27, 2021, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following:

(A) The necessity for conferring such title and function.

(B) The dates during which such title and function will be held.

(C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment.

(D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment.

(4) Renewal of temporary appointment

The President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent.

(5) Exemption

Paragraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute.

(6) Effective date

This subsection shall apply to appointments made on or after January 3, 2023.

(k) Qualifications of certain officers of the Department of State

(1) Officer having primary responsibility for personnel management

The officer of the Department of State with primary responsibility for assisting the Secretary with respect to matters relating to personnel in the Department of State, or that officer's principal deputy, shall have substantial professional qualifications in the field of human resource policy and management.

(2) Officer having primary responsibility for diplomatic security

The officer of the Department of State with primary responsibility for assisting the Secretary with respect to diplomatic security, or that officer's principal deputy, shall have substantial professional qualifications in the fields of (A) management, and (B) Federal law enforcement, intelligence, or security.

(3) Officer having primary responsibility for international narcotics and law enforcement

The officer of the Department of State with primary responsibility for assisting the Secretary with respect to international narcotics and law enforcement, or that officer's principal deputy, shall have substantial professional qualifications in the fields of (A) management, and (B) law enforcement or international narcotics policy.

(l) Office of Sanctions Coordination

(1) In general

There is established, within the Department of State, an Office of Sanctions Coordination (in this subsection referred to as the "Office").

(2) Head

The head of the Office shall—

(A) have the rank and status of ambassador;

(B) be appointed by the President, by and with the advice and consent of the Senate; and

(C) report directly to the Secretary of State.

(3) Duties

The head of the Office shall—

(A) exercise sanctions authorities delegated to the Secretary;

(B) serve as the principal advisor to the senior management of the Department and the Secretary regarding the development and implementation of sanctions policy;

(C) serve as the lead representative of the United States in diplomatic engagement on sanctions matters;

(D) consult and closely coordinate with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea, to ensure the maximum effectiveness of sanctions imposed by the United States and such allies and partners;

(E) serve as the coordinator for the development and implementation of sanctions policy with respect to all activities, policies, and programs of all bureaus and offices of the Department relating to the development and implementation of sanctions policy; and

(F) serve as the lead representative of the Department in interagency discussions with respect to the development and implementation of sanctions policy.

(4) Direct hire authority

(A) In general

The head of the Office may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the Office.

(B) Termination

The authority provided under subparagraph (A) shall terminate on December 31, 2024.

(m) Extended post-employment restrictions for certain Senate-confirmed officials

(1) Definitions

In this subsection:

(A) Country of concern

The term "country of concern" means—

(i) the People's Republic of China;

(ii) the Russian Federation;

(iii) the Islamic Republic of Iran;

(iv) the Democratic People's Republic of Korea;

(v) the Republic of Cuba; and

(vi) the Syrian Arab Republic.

(B) Foreign government entity

The term "foreign governmental entity" includes—

(i) any person employed by—

(I) any department, agency, or other entity of a foreign government at the national, regional, or local level;

(II) any governing party or coalition of a foreign government at the national, regional, or local level; or

(III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and

(ii) in the case of a country of concern, any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.

(C) Representation

The term "representation" does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.

(2) Secretary of State and Deputy Secretary of State

With respect to a person serving as the Secretary of State or the Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18 shall apply to any such person who knowingly represents, aids, or advises a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person's service as Secretary or Deputy Secretary.

(3) Under Secretaries, Assistant Secretaries, and Ambassadors

With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or as the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18 shall apply to any such person who knowingly represents, aids, or advises—

(A) a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties for 3 years after the termination of such person's service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer; or

(B) a foreign governmental entity of a country of concern before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person's service in a position described in this paragraph.

(4) Penalties and injunctions

Any violations of the restrictions under paragraphs (2) or (3) shall be subject to the penalties and injunctions provided for under section 216 of title 18.

(5) Notice of restrictions

Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the Department of State—

(A) upon appointment by the President; and

(B) upon termination of service with the Department of State.

(6) Effective date

The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after December 23, 2022.

(7) Sunset

The restrictions under this subsection shall expire on the date that is 5 years after December 23, 2022.

(n) Chief Artificial Intelligence Officer

(1) In general

There shall be within the Department of State a Chief Artificial Intelligence Officer, which may be dual-hatted as the Department's Chief Data Officer, who shall be a member of the Senior Executive Service.

(2) Duties described

The principal duties and responsibilities of the Chief Artificial Intelligence Officer shall be—

(A) to evaluate, oversee, and, if appropriate, facilitate the responsible adoption of artificial intelligence (AI) and machine learning applications to help inform decisions by policymakers and to support programs and management operations of the Department of State; and

(B) to act as the principal advisor to the Secretary of State on the ethical use of AI and advanced analytics in conducting data-informed diplomacy.

(3) Qualifications

The Chief Artificial Intelligence Officer should be an individual with demonstrated skill and competency in—

(A) the use and application of data analytics, AI, and machine learning; and

(B) transformational leadership and organizational change management, particularly within large, complex organizations.

(4) Partner with the Chief Information Officer on scaling artificial intelligence use cases

To ensure alignment between the Chief Artificial Intelligence Officer and the Chief Information Officer, the Chief Information Officer will consult with the Chief Artificial Intelligence Officer on best practices for rolling out and scaling AI capabilities across the Bureau of Information and 2 Resource Management's broader portfolio of software applications.

(5) Artificial intelligence defined

In this subsection, the term "artificial intelligence" has the meaning given the term in section 238(g) of the National Defense Authorization Act for Fiscal Year 2019 3 (Public Law 115–232; 10 U.S.C. 4001 note).

(o) Special Envoy to the Pacific Islands Forum

(1) Appointment

The President shall appoint, by and with the advice and consent of the Senate, a qualified individual to serve as Special Envoy to the Pacific Islands Forum (referred to in this section as the "Special Envoy").

(2) Considerations

(A) Selection

The Special Envoy shall be—

(i) a United States Ambassador to a country that is a member of the Pacific Islands Forum; or

(ii) a qualified individual who is not described in clause (i).

(B) Limitations

If the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador—

(i) may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Islands Forum; and

(ii) shall not receive additional compensation for his or her service as Special Envoy.

(3) Duties

The Special Envoy shall—

(A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and

(B) carry out such other duties as the President or the Secretary of State may prescribe.

(Aug. 1, 1956, ch. 841, title I, §1, 70 Stat. 890; renumbered title I and amended Pub. L. 97–241, title II, §202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 103–236, title I, §161(a), Apr. 30, 1994, 108 Stat. 402; Pub. L. 103–415, §1(f)(1), Oct. 25, 1994, 108 Stat. 4299; Pub. L. 105–277, div. G, subdiv. A, title XII, §1213, title XIII, §1313, subdiv. B, title XXIII, §§2301(a), 2303–2305(a)(1), (b)(1), (c), 2306, Oct. 21, 1998, 112 Stat. 2681–767, 2681–776, 2681–824, 2681–825, 2681–826; Pub. L. 106–553, §1(a)(2) [title IV, §404(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A–96; Pub. L. 107–228, div. A, title III, §303, Sept. 30, 2002, 116 Stat. 1377; Pub. L. 108–25, title I, §102(a), May 27, 2003, 117 Stat. 721; Pub. L. 108–458, title VII, §7109(b)(1), Dec. 17, 2004, 118 Stat. 3793; Pub. L. 110–293, title I, §102, July 30, 2008, 122 Stat. 2933; Pub. L. 112–166, §2(j), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 116–94, div. J, title VII, §703, Dec. 20, 2019, 133 Stat. 3070; Pub. L. 116–260, div. FF, title III, §361(a)(1), (2), Dec. 27, 2020, 134 Stat. 3131, 3132; Pub. L. 117–81, div. E, title LI, §§5102(a), 5103, 5105, Dec. 27, 2021, 135 Stat. 2343, 2345, 2346; Pub. L. 117–263, div. I, title XCI, §9107(a), title XCII, §9215(b), title XCV, §9502(a), title XCVI, §9602(a), Dec. 23, 2022, 136 Stat. 3859, 3876, 3898, 3910; Pub. L. 118–31, div. F, title LXIII, §6303, title LXIV, §6405(b), Dec. 22, 2023, 137 Stat. 986, 998.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(1) and (f)(2)(C)(iv), is act Aug. 1, 1956, ch. 841, 70 Stat. 890, known as the State Department Basic Authorities Act of 1956. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables.

Executive Order 12333, referred to in subsec. (c)(3)(D), is Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note under section 3001 of Title 50, War and National Defense.

The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, referred to in subsec. (f)(2)(B)(i), is Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which enacted chapter 83 and sections 262p–8 and 2151b–2 to 2151b–4 of this title, amended this section, sections 2151b and 2222 of this title, and section 242l of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 7601 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables.

Title V of the Department of State Authorization Act of 2022, referred to in subsec. (i)(2)(B)(v), (xiv), probably means title XCV of div. I of Pub. L. 117–263. Div. I of Pub. L. 117–263 is the Department of State Authorization Act of 2022. Title XCV of div. I, relating to Information Security and Cyber Diplomacy, is classified principally to chapter 110 (§10301 et seq.) of this title. For complete classification of title XCV to the Code, see Tables.

Section 238(g) of the National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (n)(5), probably means section 238(g) of Pub. L. 115–232, known as the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which is set out as a note preceding section 4061 of Title 10, Armed Forces.

Codification

Section was formerly classified to section 2662 of this title.

Section was also formerly classified to section 170f of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Amendments

2023—Subsec. (n). Pub. L. 118–31, §6303, added subsec. (n).

Subsec. (o). Pub. L. 118–31, §6405(b), added subsec. (o).

2022—Subsec. (b)(3)(F). Pub. L. 117–263, §9602(a), added subpar. (F).

Subsec. (h). Pub. L. 117–263, §9502(a)(2), redesignated subsec. (h) relating to Office of Sanctions Coordination as (l).

Subsec. (i). Pub. L. 117–263, §9502(a)(3), added subsec. (i). Former subsec. (i) redesignated (j).

Subsecs. (j), (k). Pub. L. 117–263, §9502(a)(1), redesignated subsecs. (i) and (j) as (j) and (k), respectively.

Subsec. (l). Pub. L. 117–263, §9502(a)(2), redesignated subsec. (h) relating to Office of Sanctions Coordination as (l).

Subsec. (l)(4)(B). Pub. L. 117–263, §9107(a), substituted "December 31, 2024" for "the date that is two years after December 27, 2020".

Subsec. (m). Pub. L. 117–263, §9215(b), added subsec. (m).

2021—Subsec. (c)(3) to (5). Pub. L. 117–81, §5102(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (g). Pub. L. 117–81, §5103(2), added subsec. (g). Former subsec. (g) redesignated (j).

Subsec. (h). Pub. L. 117–81, §5103(2), added subsec. (h) relating to Bureau of Population, Refugees, and Migration.

Subsec. (i). Pub. L. 117–81, §5105, added subsec. (i).

Subsec. (j). Pub. L. 117–81, §5103(1), redesignated subsec. (g) as (j).

2020—Subsec. (c)(3)(C). Pub. L. 116–260, §361(a)(2), added subpar. (C).

Subsec. (h). Pub. L. 116–260, §361(a)(1), added subsec. (h) relating to Office of Sanctions Coordination.

2019—Subsec. (c)(3), (4). Pub. L. 116–94 added par. (3) and redesignated former par. (3) as (4).

2012—Subsec. (c)(1). Pub. L. 112–166 struck out ", each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and" after "Secretaries of State" and inserted at end "Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate."

2008—Subsec. (f)(2)(A). Pub. L. 110–293, §102(1), which directed insertion of ", partner country finance, health, and other relevant ministries," after "community based organizations)" wherever appearing, was executed by making the insertion after "community-based organizations)" in introductory provisions and in cl. (iii), to reflect the probable intent of Congress.

Subsec. (f)(2)(B)(ii)(IV), (V). Pub. L. 110–293, §102(2)(A), (B), added subcls. (IV) and (V) and struck out former subcls. (IV) and (V) which read as follows:

"(IV) Ensuring coordination of relevant executive branch agency activities in the field.

"(V) Pursuing coordination with other countries and international organizations."

Subsec. (f)(2)(B)(ii)(VII), (VIII). Pub. L. 110–293, §102(2)(D), added subcls. (VII) and (VIII). Former subcls. (VII) and (VIII) redesignated (IX) and (XII), respectively.

Subsec. (f)(2)(B)(ii)(IX). Pub. L. 110–293, §102(2)(E), inserted "Vietnam," after "Uganda," and ", and other countries in which the United States is implementing HIV/AIDS programs as part of its foreign assistance program" after "May 27, 2003" and inserted at end "In designating additional countries under this subparagraph, the President shall give priority to those countries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general population and inadequate financial means within the country."

Pub. L. 110–293, §102(2)(C), redesignated subcl. (VII) as (IX).

Subsec. (f)(2)(B)(ii)(X), (XI). Pub. L. 110–293, §102(2)(F), added subcls. (X) and (XI).

Subsec. (f)(2)(B)(ii)(XII). Pub. L. 110–293, §102(2)(G), substituted "funds appropriated for HIV/AIDS assistance pursuant to the authorization of appropriations under section 7671 of this title" for "funds section".

Pub. L. 110–293, §102(2)(C), redesignated subcl. (VIII) as (XII).

Subsec. (f)(2)(B)(ii)(XIII). Pub. L. 110–293, §102(2)(H), added subcl. (XIII).

2004—Subsec. (b)(3). Pub. L. 108–458 inserted "The Under Secretary for Public Diplomacy shall—" at end and added subpars. (A) to (E).

2003—Subsecs. (f), (g). Pub. L. 108–25 added subsec. (f) and redesignated former subsec. (f) as (g).

2002—Subsecs. (f), (g). Pub. L. 107–228 added subsec. (f) and struck out former subsecs. (f) and (g), which related to the qualifications of officers having primary responsibility for personnel management and for diplomatic security.

2000—Subsec. (a)(2). Pub. L. 106–553 substituted ", the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources" for "and the Deputy Secretary of State".

1998—Subsec. (b). Pub. L. 105–277, §1213, designated existing provisions as par. (1), inserted par. heading, and added par. (2).

Subsec. (b)(1). Pub. L. 105–277, §2305(a)(1), substituted "6 Under Secretaries" for "5 Under Secretaries".

Subsec. (b)(3). Pub. L. 105–277, §1313, added par. (3).

Subsec. (b)(4). Pub. L. 105–277, §2306(a), added par. (4).

Subsec. (c)(1). Pub. L. 105–277, §2305(b)(1), substituted "24" for "20".

Subsec. (c)(3). Pub. L. 105–277, §2306(b), added par. (3).

Subsec. (d). Pub. L. 105–277, §2305(c), redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: "There shall be in the Department of State not more than 66 Deputy Assistant Secretaries of State."

Subsec. (e). Pub. L. 105–277, §2305(c)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 105–277, §2305(c)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Pub. L. 105–277, §2301(a), added subsec. (f).

Subsec. (g). Pub. L. 105–277, §2305(c)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Pub. L. 105–277, §2303, added subsec. (g).

Subsec. (h). Pub. L. 105–277, §2305(c)(2), redesignated subsec. (h) as (g).

Pub. L. 105–277, §2304, added subsec. (h).

1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: "The Secretary of State is authorized to establish, maintain, and operate passport and despatch agencies."

Subsec. (a)(2). Pub. L. 103–415 inserted "and the Deputy Secretary of State" after "Secretary".

1982—Pub. L. 97–241 substituted "The Secretary" for "That the Secretary".

Statutory Notes and Related Subsidiaries

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 1998 Amendment

Amendment by section 1213 of Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

Amendment by section 1313 of Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.

Effective Date of 1994 Amendment

Pub. L. 103–236, title I, §161(b), Apr. 30, 1994, 108 Stat. 404, as amended by Pub. L. 103–415, §1(f)(2), Oct. 25, 1994, 108 Stat. 4300, provided that: "The amendments made by this section and section 162 [amending this section, sections 2151n, 2304, 2314, 2349aa–2, 2384, 2652b, 2655a, 2669, 2670, 2707, 2755, 4302 to 4305, 4308, 4801, 4802, 4806, 4821 to 4823, and 4852 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 1101, 1104, 1105, and 1521 to 1523 of Title 8, Aliens and Nationality, repealing sections 811a, 2652, 2652a, 2653 to 2655, 2658, 4803, and 4804 of this title and section 1525 of Title 8, and amending provisions set out as a note under section 113 of Title 10, Armed Forces] shall apply with respect to officials, offices, and bureaus of the Department of State when executive orders, regulations, or departmental directives implementing such amendments become effective, or 90 days after the date of enactment of this Act [Apr. 30, 1994], whichever comes earlier."

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–241, effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title.

Needs-Based Childcare Subsidies Enrollment Period

Pub. L. 118–159, div. G, title LXXI, §7111, Dec. 23, 2024, 138 Stat. 2526, provided that: "Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Department [of State] and USAID [United States Agency for International Development] shall—

"(1) issue and maintain guidance on how to apply for any program authorized under section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107–67; 115 Stat. 552) [former 40 U.S.C. 490b–1, see 40 U.S.C. 590(g)]; and

"(2) consider using maximum flexibilities to accept applications throughout the year or in accordance with Qualifying Life Event changes (as defined by the Federal Employees Health Benefits Program (FEHB))."

Leveraging Approved Technology for Administrative Efficiencies

Pub. L. 118–159, div. G, title LXXIII, §7305, Dec. 23, 2024, 138 Stat. 2543, provided that: "The Secretary [of State] and Administrator [of the United States Agency for International Development] shall ensure appropriate and secure technological solutions are authorized and available for employee use, where feasible, to promote technological fluency in the workforce, including the integration of secure tools in the evaluation process to ensure performance management standards while maximizing efficiency."

Authorization

Pub. L. 118–31, div. F, title LXI, §6107(b), Dec. 22, 2023, 137 Stat. 967, provided that: "The Secretary [of State] is authorized to hire additional, permanent, dedicated staff for the Office of Authentications."

Special Hiring Authority

Pub. L. 118–31, div. F, title LXII, §6202(c), Dec. 22, 2023, 137 Stat. 972, provided that: "For an initial period of not more than 3 years after the date of the enactment of this division [Dec. 22, 2023], the Secretary [of State] may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, up to 80 candidates directly to positions in the competitive service at the Department [of State], as defined in section 2102 of that title, in the following occupational series: 25 candidates under 1560 Data Science, 25 candidates under 2210 Information Technology Management, and 30 candidates under 0201 Human Resources Management."

Extending Paths to Service for Paid Student Interns

Pub. L. 118–31, div. F, title LXII, §6203(a), Dec. 22, 2023, 137 Stat. 972, provided that: "In General.—For up to 2 years following the end of a compensated internship at the Department [of State], the Department may offer employment to up to 25 such interns and appoint them directly to positions in the competitive service, as defined in section 2102 of title 5, United States Code, without regard to the provisions of sections 3309 through 3318 of such title."

Establishment and Expansion of the Bureau Chief Data Officer Program

Pub. L. 118–31, div. F, title LXIII, §6302, Dec. 22, 2023, 137 Stat. 985, provided that:

"(a) Bureau Chief Data Officer Program.—

"(1) Establishment.—The Secretary [of State] shall establish a program, which shall be known as the 'Bureau Chief Data Officer Program' (referred to in this section as the 'Program'), overseen by the Department [of State]'s Chief Data Officer. The Bureau Chief Data Officers hired under this program shall report to their respective Bureau leadership.

"(2) Goals.—The goals of the Program shall include the following:

"(A) Cultivating a data culture by promoting data fluency and data collaboration across the Department.

"(B) Promoting increased data analytics use in critical decisionmaking areas.

"(C) Promoting data integration and standardization.

"(D) Increasing efficiencies across the Department by incentivizing acquisition of enterprise data solutions and subscription data services to be shared across bureaus and offices and within bureaus.

"(b) Implementation Plan.—

"(1) In general.—Not later than 180 days after the date of the enactment of this division [Dec. 22, 2023], the Secretary shall submit to the appropriate committees of Congress an implementation plan that outlines strategies for—

"(A) advancing the goals described in subsection (a)(2);

"(B) hiring Bureau Chief Data Officers at the GS–14 or GS–15 grade or a similar rank;

"(C) assigning at least one Bureau Chief Data Officer to each bureau of the Department; and

"(D) allocation of necessary resources to sustain the Program.

"(2) Appropriate committees of congress defined.—In this subsection, the term 'appropriate committees of Congress' means—

"(A) the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives];

"(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and

"(C) the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives.

"(c) Assignment.—In implementing the Bureau Chief Data Officer Program, bureaus may not dual-hat currently employed personnel as Bureau Chief Data Officers.

"(d) Annual Reporting Requirement.—Not later than 180 days after the date of the enactment of this division, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees regarding the status of the implementation plan required under subsection (b)."

Implementation of GAO High Risk List Recommendations

Pub. L. 118–31, div. F, title LXIII, §6309, Dec. 22, 2023, 137 Stat. 994, provided that:

"(a) In General.—The Secretary [of State] shall implement the Government Accountability Office's High Risk List recommendations as applicable to the Department [of State] for the following activities:

"(1) Improving the management of IT acquisitions and operations.

"(2) Improving strategic human capital management.

"(3) Managing Federal real property.

"(4) Ensuring the cybersecurity of the nation.

"(5) Managing government-wide personnel security clearance process.

"(b) Report.—Not later than 90 days after the date of the enactment of this division [Dec. 22, 2023], the Secretary shall submit to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] a report on the Department's progress in implementing all of the Government Accountability Office's High Risk List recommendations as applicable to the Department described in subsection (a).

"(c) High Risk List Defined.—In this section, the term 'High Risk List' refers to GAO–23–106203, the April 20, 2023, report by the Government Accountability Office titled, 'High-Risk Series: Efforts Made to Achieve Progress Need to Be Maintained and Expanded to Fully Address All Areas'."

Special Envoy to the Pacific Islands Forum

Pub. L. 118–31, div. F, title LXIV, §6405(a), Dec. 22, 2023, 137 Stat. 998, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) the United States must increase its diplomatic activity and presence in the Pacific, particularly among Pacific Island nations; and

"(2) the Special Envoy to the Pacific Islands Forum—

"(A) should advance the United States partnership with Pacific Island Forum nations and with the organization itself on key issues of importance to the Pacific region; and

"(B) should coordinate policies across the Pacific region with like-minded democracies."

Establishment of Fiscal Responsibility Award

Pub. L. 118–31, div. F, title LXIV, §6410, Dec. 22, 2023, 137 Stat. 1006, provided that: "The Under Secretary of State for Management shall establish, in consultation with the Director of the Budget and Planning Bureau and the Director of Global Talent, an annual departmental award for any exemplary employee who recommends, identifies, or adopts significant cost-saving measures for program implementation or through the reallocation of resources."

Notification of Revocation of Clearances

Pub. L. 118–31, div. F, title LXVII, §6710, Dec. 22, 2023, 137 Stat. 1020, as amended by Pub. L. 118–159, div. G, title LXXV, §7505, Dec. 23, 2024, 138 Stat. 2546, provided that:

"(a) Notification.—

"(1) In general.—With respect to any covered official whose security clearance is suspended or revoked, the Secretary [of State] shall—

"(A) submit to the Chair and Ranking Member of the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives a notification not later than 15 days after the suspension or revocation of such clearance; and

"(B) brief the Chair and Ranking Member of the appropriate congressional committees, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives not later than 30 days after such suspension or revocation on—

"(A) [sic] the present employment status of the covered official and whether the job duties of the covered official have changed since such suspension or revocation;

"(B) the basis for such suspension or revocation, including a complete description;

"(C) the investigation of the covered official and the results of such investigation; and

"(D) any negative fallout or impacts for the Department of State, the United States Government, or national security of the United States as a result of the actions for which the security clearance was suspended or revoked..[sic]

"(2) Submission to intelligence committees.—To the extent the basis for any suspension or revocation of a security clearance is premised on the unauthorized release of intelligence (as defined by section 3(1) of the National Security Act of 1947 (50 U.S.C. 3003(1)), the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives shall be an appropriate congressional committee for the purposes of this section.

"(b) Form.—The notification and briefing required by subsection (a) may be provided in classified form, if necessary.

"(c) Covered Official Defined.—For purposes of this section, the term 'covered official' means any of the following:

"(1) Any individual holding a position at or higher than the level of Assistant Secretary or its equivalent in the Department of State.

"(2) Any individual holding the position of chief of mission or principal officer at any diplomatic or consular post.

"(3) Any individual holding the rank and status of an ambassador or otherwise holding a position that reports directly to the Secretary, such as a special envoy.

"(d) Sunset.—This section shall terminate not later than three years after the date of the enactment of this division [Dec. 22, 2023]."

Provision of Parking Services and Retention of Parking Fees

Pub. L. 117–263, div. I, title XCVII, §9712, Dec. 23, 2022, 136 Stat. 3920, provided that: "The Secretary of State may—

"(1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department [of State]; and

"(2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account, provided that the fees shall not exceed the cost of the providing such services."

Waiver Authority for Individual Occupational Requirements of Certain Positions

Pub. L. 117–81, div. E, title LIII, §5319, Dec. 27, 2021, 135 Stat. 2368, provided that: "The Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements."

Sanctions Policy Coordination with Allies and Partners of United States

Pub. L. 116–260, div. FF, title III, §361(b)–(d), Dec. 27, 2020, 134 Stat. 3132, 3133, provided that:

"(b) Coordination With Allies and Partners of the United States.—

"(1) In general.—The Secretary of State shall develop and implement mechanisms and programs, as appropriate, through the head of the Office of Sanctions Coordination established pursuant to subsection (h) of section 1 of the State Department Basic Authorities Act of 1956 [now 22 U.S.C. 2651a(l)], as added by subsection (a)(1), to coordinate the development and implementation of United States sanctions policies with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea.

"(2) Information sharing.—The Secretary should pursue the development and implementation of mechanisms and programs under paragraph (1), as appropriate, that involve the sharing of information with respect to policy development and sanctions implementation.

"(3) Capacity building.—The Secretary should pursue efforts, in coordination with the Secretary of the Treasury and the head of any other Federal agency the Secretary considers appropriate, to assist allies and partners of the United States, including the countries specified in paragraph (1), as appropriate, in the development of their legal and technical capacities to develop and implement sanctions authorities.

"(4) Exchange programs.—In furtherance of the efforts described in paragraph (3), the Secretary, in coordination with the Secretary of the Treasury and the head of any other Federal agency the Secretary considers appropriate, may enter into agreements with counterpart agencies in foreign governments establishing exchange programs for the temporary detail of Federal Government employees to share information and expertise with respect to the development and implementation of sanctions authorities.

"(5) Briefing required.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2020] and every 180 days thereafter until the date that is five years after such date of enactment, the Secretary of State shall brief the appropriate congressional committees on the efforts of the Department of State to implement this section, including a description of—

"(A) measures taken to implement paragraph (1);

"(B) actions taken pursuant to paragraphs (2) through (4);

"(C) the extent of coordination between the United States and allies and partners of the United States, including the countries specified in paragraph (1), with respect to the development and implementation of sanctions policy; and

"(D) obstacles preventing closer coordination between the United States and such allies and partners with respect to the development and implementation of sanctions policy.

"(c) Sense of Congress.—It is the sense of the Congress that the President should appoint a coordinator for sanctions and national economic security issues within the framework of the National Security Council.

"(d) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and

"(2) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Oversight and Reform [now Committee on Oversight and Accountability], and the Committee on Way [sic] and Means of the House of Representatives."

Additional Paid Leave To Address Employee Hardships Resulting From Coronavirus

Pub. L. 116–136, div. B, title XI, §21007, Mar. 27, 2020, 134 Stat. 592, provided that: "Notwithstanding any other provision of law, and in addition to leave authorized under any other provision of law, the Secretary of State and the Administrator of the United States Agency for International Development may, in order to prevent, prepare for, and respond to coronavirus, provide additional paid leave to address employee hardships resulting from coronavirus: Provided, That this authority shall apply to leave taken since January 29, 2020, and may be provided abroad and domestically: Provided further, That the Secretary and the Administrator shall consult with the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives prior to implementation of such authority: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2022."

[For definition of "coronavirus" as used in section 21007 of Pub. L. 116–136, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]

Oaths of Office Administered Remotely

Pub. L. 116–136, div. B, title XI, §21011, Mar. 27, 2020, 134 Stat. 593, provided that: "Notwithstanding any other provision of law, the Secretary of State and the Administrator of the United States Agency for International Development may authorize any oath of office required by law to, in particular circumstances that could otherwise pose health risks, be administered remotely, subject to appropriate verification: Provided, That prior to initially exercising the authority of this section, the Secretary and the Administrator shall each submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives describing the process and procedures for administering such oaths, including appropriate verification: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2021."

Coordinator of United States Government Activities Providing Basic Education Assistance in Developing Countries

Pub. L. 112–74, div. I, title VII, §7034(q)(2), Dec. 23, 2011, 125 Stat. 1217, provided that: "The position of Coordinator established pursuant to section 664 of division J of Public Law 110–161 [set out below] shall, within 45 days of enactment of this Act [Dec. 23, 2011] and notwithstanding the requirements of such section, be moved to the United States Agency for International Development (USAID): Provided, That the Coordinator shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator: Provided further, That the responsibilities of the Coordinator enumerated in the first sentence of section 664(c) shall remain in full force and effect: Provided further, That the limitation in the second sentence of such section shall hereafter no longer apply to the Coordinator."

Pub. L. 110–161, div. J, title VI, §664(b), (c), Dec. 26, 2007, 121 Stat. 2349, provided that:

"(b) Coordinator.—There shall be established within the Department of State in the immediate office of the Director of United States Foreign Assistance, a Coordinator of United States Government activities to provide basic education assistance in developing countries (hereinafter in this section referred to as the 'Coordinator').

"(c) Responsibilities.—That [sic] the Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government that provide assistance in developing countries for basic education. The individual serving as the Coordinator may not hold any other position in the Federal Government during the individual's time of service as Coordinator."

[Pub. L. 111–117, div. F, title VII, §7064(a)(2), Dec. 16, 2009, 123 Stat. 3383, provided that: "There shall continue to be a Coordinator of United States Government Actions to Provide Basic Education Assistance in developing countries as established in section 664 of division J of Public Law 110–161 [set out above]."]

[Pub. L. 111–8, div. H, title VII, §7064(a)(2), Mar. 11, 2009, 123 Stat. 899, provided that: "There shall continue to be a Coordinator of United States government actions to provide basic education assistance in developing countries as established in section 664 of division J of Public Law 110–161 [set out above]."]

Advisor for Activities Relating to Indigenous Peoples Internationally

Pub. L. 112–74, div. I, title VII, §7034(q)(1), Dec. 23, 2011, 125 Stat. 1217, provided that: "The position of Advisor established pursuant to section 699B of division J of Public Law 110–161 [set out below] shall, within 45 days of enactment of this Act [Dec. 23, 2011] and notwithstanding the requirements of such section, be moved to the United States Agency for International Development (USAID): Provided, That the Advisor shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator: Provided further, That the responsibilities of the Advisor enumerated in section 699B(b) shall remain in full force and effect."

Pub. L. 110–161, div. J, title VI, §699B, Dec. 26, 2007, 121 Stat. 2369, provided that:

"(a) Advisor.—After consultation with the Committees on Appropriations and not later than 90 days after the enactment of this Act [Dec. 26, 2007], there shall be established within the Department of State in the immediate office of the Director of United States Foreign Assistance an Advisor for Activities Relating to Indigenous Peoples Internationally (hereinafter in this section referred to as the 'Advisor'), who shall be appointed by the Director. The Advisor shall report directly to the Director.

"(b) Responsibilities.—The Advisor shall:

"(1) Advise the Director of United States Foreign Assistance and the Administrator of the United States Agency for International Development on matters relating to the rights and needs of indigenous peoples internationally and should represent the United States Government on such matters in meetings with foreign governments and multilateral institutions.

"(2) Provide for the oversight and coordination of all resources, programs, projects, and activities of the United States Government to protect the rights and address the needs of indigenous peoples internationally.

"(3) Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments (including support for local indigenous peoples' organizations).

"(c) Funds.—Of the funds appropriated by this Act under the heading 'Diplomatic and Consular Programs' [121 Stat. 2277], not less than $250,000 shall be made available for implementing the provisions of this section.

"(d) Report.—Not later than one year after the enactment of this Act [Dec. 26, 2007], the Secretary shall submit a report to the Committees on Appropriations describing progress made in implementing this section."

Consultation

Pub. L. 108–458, title VII, §7109(b)(2), Dec. 17, 2004, 118 Stat. 3793, provided that: "The Under Secretary of State for Public Diplomacy, in carrying out the responsibilities described in section 1(b)(3) of such Act [22 U.S.C. 2651a(b)(3)] (as amended by paragraph (1)), shall consult with public diplomacy officers operating at United States overseas posts and in the regional bureaus of the Department of State."

Office of the Coordinator for Reconstruction and Stabilization

Pub. L. 108–447, div. B, title IV, §408, Dec. 8, 2004, 118 Stat. 2904, provided that: "There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization: Provided, That the head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall report directly to the Secretary of State: Provided further, That the functions of the Office of the Coordinator for Reconstruction and Stabilization shall include—

"(1) cataloguing and monitoring the non-military resources and capabilities of Executive agencies (as that term is defined in section 105 of title 5, United States Code), State and local governments, and entities in the private and non-profit sectors that are available to address crises in countries or regions that are in, or are in transition from, conflict or civil strife;

"(2) monitoring political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for countries or regions described in paragraph (1);

"(3) assessing crises in countries or regions described in paragraph (1) and determining the appropriate non-military United States, including but not limited to demobilization, policing, human rights monitoring, and public information efforts;

"(4) planning for response efforts under paragraph (3);

"(5) coordinating with relevant Executive agencies the development of interagency contingency plans for such response efforts; and

"(6) coordinating the training of civilian personnel to perform stabilization and reconstruction activities in response to crises in such countries or regions described in paragraph (1)."

Comprehensive Workforce Plan

Pub. L. 107–228, div. A, title III, §301, Sept. 30, 2002, 116 Stat. 1376, required the Secretary of State to submit to the appropriate congressional committees, not later than 180 days after Sept. 30, 2002, a comprehensive workforce plan for the Department of State for the fiscal years 2003 through 2007, considering personnel needs in both the Civil Service and the Foreign Service and expected domestic and overseas personnel allocations.

"Rightsizing" Overseas Posts

Pub. L. 107–228, div. A, title III, §302, Sept. 30, 2002, 116 Stat. 1376, provided that:

"(a) 'Rightsizing' at the Department of State.—

"(1) In general.—The Secretary shall establish a task force within the Department on the issue of 'rightsizing' overseas posts.

"(2) Preliminary report.—Not later than 120 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a report that outlines the status, plans, and activities of the task force. In addition to such other information as the Secretary considers appropriate, the report shall include the following:

"(A) The objectives of the task force.

"(B) Measures for achieving the objectives under subparagraph (A).

"(C) Identification of the official of the Department with primary responsibility for the issue of 'rightsizing'.

"(D) The plans of the Department for the reallocation of staff and resources based on changing needs at overseas posts and in the metropolitan Washington, D.C., area.

"(3) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report reviewing the activities and progress of the task force established under paragraph (1).

"(b) Interagency Working Group.—

"(1) Establishment.—The Secretary shall establish an interagency working group on the issue of 'rightsizing' the overseas presence of the United States Government.

"(2) Preliminary report.—Not later than 120 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a report which outlines the status, plans, and activities of the interagency working group. In addition to such other information as the Secretary considers appropriate, the report shall include the following:

"(A) The objectives of the working group.

"(B) Measures for achieving the objectives under subparagraph (A).

"(C) Identification of the official of each agency with primary responsibility for the issue of 'rightsizing'.

"(3) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report reviewing the activities and progress of the working group established under paragraph (1)."

Report Concerning Minority Employment

Pub. L. 107–228, div. A, title III, §324, Sept. 30, 2002, 116 Stat. 1385, required the Secretary of State, on Apr. 1 of 2003 and 2004, to submit a comprehensive report to Congress, with respect to the preceding calendar year, concerning the employment of members of minority groups at the Department, including the Civil Service and the Foreign Service.

Use of Funds Authorized for Minority Recruitment

Pub. L. 107–228, div. A, title III, §325, Sept. 30, 2002, 116 Stat. 1386, provided that:

"(a) Conduct of Recruitment Activities.—

"(1) In general.—Amounts authorized to be appropriated for minority recruitment under section 111(1)(D) [probably means section 111(a)(1)(D) of Pub. L. 107–228, 116 Stat. 1356] shall be used only for activities directly related to minority recruitment, such as recruitment materials designed to target members of minority groups and the travel expenses of recruitment trips to colleges, universities, and other institutions or locations.

"(2) Limitation.—Amounts authorized to be appropriated for minority recruitment under section 111(1)(D) may not be used to pay salaries of employees of the Department.

"(b) Recruitment Activities at Academic Institutions.—The Secretary shall expand the recruitment efforts of the Department to include not less than 25 percent of the part B institutions (as defined under section 322 of the Higher Education Act of 1965 [20 U.S.C. 1061]) in the United States and not less than 25 percent of the Hispanic-serving institutions (as defined in section 502(a)(5) of such Act [20 U.S.C. 1101a(a)(5)]) in the United States.

"(c) Evaluation of Recruitment Efforts.—The Secretary shall establish a database relating to efforts to recruit members of minority groups into the Foreign Service and the Civil Service and shall report to the appropriate congressional committees on the evaluation of efforts to recruit such individuals, including an analysis of the information collected in the database created under this subsection. Such report shall be included in each of the two reports required under section 324 [set out as a note above]."

State Department Official for Northeastern Europe

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title III, §302], Nov. 29, 1999, 113 Stat. 1536, 1501A–434, provided that: "The Secretary of State shall designate a senior-level official of the Department of State with responsibility for promoting regional cooperation in and coordinating United States policy toward Northeastern Europe."

Science and Technology Adviser to Secretary of State

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title III, §303], Nov. 29, 1999, 113 Stat. 1536, 1501A–434, provided that:

"(a) Designation.—The Secretary of State shall designate a senior-level official of the Department of State as the Science and Technology Adviser to the Secretary of State (in this section referred to as the 'Adviser'). The Adviser shall have substantial experience in the area of science and technology. The Adviser shall report to the Secretary of State through the appropriate Under Secretary of State.

"(b) Duties.—The Adviser shall—

"(1) advise the Secretary of State, through the appropriate Under Secretary of State, on international science and technology matters affecting the foreign policy of the United States; and

"(2) perform such duties, exercise such powers, and have such rank and status as the Secretary of State shall prescribe."

Transition; Reappointment of Officers Holding Office as of April 30, 1994, Not Required

Pub. L. 103–236, title I, §161(c), Apr. 30, 1994, 108 Stat. 404, provided that: "Any officer of the Department of State holding office on the date of the enactment of this Act [Apr. 30, 1994] shall not be required to be reappointed to any other office, at the Department of State at the same level performing similar functions, as determined by the President, by reason of the enactment of the amendments made by this section and section 162 [see Effective Date of 1994 Amendment note above for classification]."

[Functions of President under section 161(c) of Pub. L. 103–236, set out above, delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title.]

References to Officials and Offices of Department of State Whose Authority Is vested in Secretary of State Deemed References to Secretary of State or Department of State

Pub. L. 103–236, title I, §161(d), Apr. 30, 1994, 108 Stat. 404, provided that: "Except as specifically provided in this Act [see Tables for classification], or the amendments made by this Act, a reference in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection (a) [amending this section] (other than the Inspector General of the Department of State and the Chief Financial Officer of the Department of State) shall be deemed to be a reference to the Secretary of State or the Department of State, as may be appropriate."

Office of Coordinator for Counterterrorism

Pub. L. 103–236, title I, §161(e), Apr. 30, 1994, 108 Stat. 404, which established for not less than one year after Apr. 30, 1994, an Office of the Coordinator for Counterterrorism in the Department of State having the same responsibilities and functions as such office had as of Jan. 20, 1993, was repealed by Pub. L. 105–277, div. G, subdiv. B, title XXIII, §2301(b), Oct. 21, 1998, 112 Stat. 2681–824.

Deputy Assistant Secretary for Burdensharing

Pub. L. 103–236, title I, §161(f), Apr. 30, 1994, 108 Stat. 404, as amended by Pub. L. 103–415, §1(f)(3), Oct. 25, 1994, 108 Stat. 4300, which conditioned availability of 1995 appropriations upon establishment of position within Department of State of Deputy Assistant Secretary for Burdensharing and set forth responsibilities of position, was repealed by Pub. L. 105–277, div. G, subdiv. B, title XXIII, §2302, Oct. 21, 1998, 112 Stat. 2681–825.

Definitions

For definitions of "Secretary", "Department", and "appropriate congressional committees" as used in sections 301, 302, 324, and 325 of Pub. L. 107–228, set out as notes above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.

Executive Documents

Authorization To Redelegate Certain Responsibilities Vested in the President and Delegated to the Secretary of State

Memorandum of President of the United States, Nov. 4, 1997, 62 F.R. 60995, provided:

Memorandum for the Secretary of State

By the authority vested in me by the Constitution and laws of the United States, including section 301 of Title 3 of the United States Code, to the extent that you consider doing so appropriate to facilitate the consolidation of the Arms Control and Disarmament Agency and the Department of State, I hereby authorize you to redelegate to any officer of the executive branch any or all authorities vested in the President that are delegated to the Secretary of State by any act, order, determination, delegation of authority, regulation, or Executive order heretofore or hereinafter enacted or issued and that have been or may be redelegated to the Under Secretary of State for Arms Control and International Security Affairs.

You are authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.      

[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]

Delegation of Authority Under Section 1(j)(4) of the State Department Basic Authorities Act of 1956

Memorandum of President of the United States, Feb. 8, 2024, 89 F.R. 14367, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the functions and authority vested in the President by section 1(j)(4) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j)(4)) to submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the justification required in conjunction with the renewal of a temporary appointment pursuant to section 1(j)(3) of such Act (22 U.S.C. 2651a(j)(3)).

You are authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.      

1 So in original. Probably should be "under".

2 So in original. The word "and" probably should not appear.

3 See References in Text note below.
22 U.S.C. § 5452 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 63: SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) / Subchapter IV: OTHER ASSISTANCE PROGRAMS / Section 5452: Environmental initiatives for Poland and Hungary
Environmental initiatives for Poland and Hungary
Status: in_force

(a) Priority for control of pollution

The Congress recognizes the severe pollution problems affecting Poland and Hungary and the serious health problems which ensue from such pollution. The Congress therefore directs that a high priority be given in the implementation of assistance to Poland and Hungary to the control of pollution and the restoration of the natural resource base on which a sustainable, healthy economy depends.

(b) EPA activities generally

In addition to specific authorities contained in any of the environmental statutes administered by the Environmental Protection Agency, the Administrator of that Agency (hereinafter in this section referred to as the "Administrator") is authorized to undertake such educational, policy training, research, and technical and financial assistance, monitoring, coordinating, and other activities as the Administrator may deem appropriate, either alone or in cooperation with other United States or foreign agencies, governments, or public or private institutions, in protecting the environment in Poland and Hungary.

(c) EPA activities in Poland

The Administrator shall cooperate with Polish officials and experts to—

(1) establish an air quality monitoring network in the Krakow metropolitan area as a part of Poland's national air monitoring network; and

(2) improve both water quality and the availability of drinking water in the Krakow metropolitan area.

(d) EPA activities in Hungary

The Administrator shall work with other United States and Hungarian officials and private parties to establish and support a regional center in Budapest for facilitating cooperative environmental activities between governmental experts and public and private organizations from the United States and Eastern and Western Europe.

(e) Funding of EPA activities

To enable the Environmental Protection Agency to carry out subsections (b), (c), and (d), there are authorized to be appropriated $10,000,000 for the 3-year period beginning October 1, 1989, to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) or chapter 4 of Part 1 II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund). These funds may be used to carry out those subsections notwithstanding any provision of law relating to the use of foreign assistance funds.

(f) Department of Energy activities relating to fossil fuels

(1) Clean coal

The Secretary of Energy shall cooperate with Polish officials and experts to retrofit a coal-fired commercial powerplant in the Krakow, Poland, region with advanced clean coal technology that has been successfully demonstrated at a comparably scaled powerplant in the United States. Such retrofit shall be carried out by one or more United States companies using United States technology and equipment manufactured in the United States. The Secretary may vest title in any property acquired under this paragraph in an entity other than the United States.

(2) Equipment assessment

The Secretary of Energy shall cooperate with Polish officials and experts and companies within the United States to assess and develop the capability within Poland to manufacture or modify boilers, furnaces, smelters, or other equipment that will enable industrial facilities within Poland to use fossil fuels cleanly. The Secretary may vest title in any property acquired under this paragraph in an entity other than the United States.

(3) Authorization of appropriations

To carry out paragraphs (1) and (2) of this subsection, there are authorized to be appropriated $30,000,000 for the 3-year period beginning October 1, 1989. Not more than $10,000,000 of the funds appropriated under this paragraph may be used to carry out the requirements of paragraph (1).

(g) Priority for efficient energy use

In view of the high energy usage per unit of output in Hungary and Poland, the Secretary of Energy shall give high priority to assisting officials of Poland and Hungary in improving the efficiency of their energy use, through emphasis on such measures as efficient motors, lights, gears, and appliances and improvements in building insulation and design.

(h) Alternative investments in energy in Hungary

It is the sense of the Congress that the Executive branch should work with the Government of Hungary to achieve environmentally safe alternative investments in energy efficiency, particularly with regard to projects along the Danube River.

(Pub. L. 101–179, title V, §502, Nov. 28, 1989, 103 Stat. 1317.)

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (e), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 are classified generally to part I (§2151 et seq.) of subchapter I and part IV (§2346 et seq.) of subchapter II, respectively, of chapter 32 of this title. For provisions deeming references to part I of subchapter I to include a reference to section 2293 of this title, see section 2293(d)(1) 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.

1 So in original. Probably should not be capitalized.
22 U.S.C. § 4067 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 52: FOREIGN SERVICE / Subchapter VIII: FOREIGN SERVICE RETIREMENT AND DISABILITY / Section 4067: Compatibility between retirement systems
Compatibility between retirement systems
Status: in_force

(a) Civil Service and Foreign Service Retirement Systems

In order to maintain existing conformity between the Civil Service Retirement and Disability System under subchapter III of chapter 83 of title 5, and the Foreign Service Retirement and Disability System, whenever a law of general applicability is enacted which—

(1) affects the treatment of current or former participants, annuitants, or survivors under the Civil Service Retirement and Disability System; and

(2) affects treatment which, immediately prior to the enactment of such law, was substantially identical to the treatment accorded to participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System;

such law shall be extended in accordance with subsection (b) to the Foreign Service Retirement and Disability System so that it applies in like manner with respect to participants, former participants, annuitants, or survivors under that System.

(b) Regulations to implement prescribed by Executive order

The President shall by Executive order prescribe regulations to implement this section and may make such extension retroactive to a date no earlier than the effective date of the provision of law applicable to the Civil Service Retirement and Disability System. Any provision of an Executive order issued under this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—

(1) all provisions of law enacted prior to the effective date of that provision of the Executive order, and

(2) any prior provision of an Executive order issued under this section.

(c) Federal Employees' Retirement and Foreign Service Pension Systems

The President shall maintain, under the same conditions and in the same manner as provided in subsections (a) and (b) existing conformity between the Federal Employees' Retirement System provided in chapter 84 of title 5 and the Foreign Service Pension System provided in part II of this subchapter.

(Pub. L. 96–465, title I, §827, Oct. 17, 1980, 94 Stat. 2124; Pub. L. 99–335, title IV, §411, June 6, 1986, 100 Stat. 614.)

Editorial Notes

Amendments

1986—Subsec. (c). Pub. L. 99–335 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.

Reference to Veterans' Administration Deemed Reference to Department of Veterans Affairs

Pub. L. 102–54, §13(h)(2), June 13, 1991, 105 Stat. 275, provided that: "Any reference to the Veterans' Administration in any regulation prescribed or Executive order issued pursuant to section 827(a) of the Foreign Service Act of 1980 (22 U.S.C. 4067(a)) shall be deemed to be a reference to the Department of Veterans Affairs."

Construction of Section With Civil Service Retirement Spouse Equity Act of 1984

This section not applicable with respect to either the amendments made by section 2 of Pub. L. 98–615 or the provisions of section 4 of Pub. L. 98–615 relating to equitable treatment under the Civil Service Retirement System for former spouses, except that, notwithstanding section 4(h) of Pub. L. 98–615, this section applicable with respect to sections 8339(j) and 8341(e) and (h) of Title 5, Government Organization and Employees, and section 4 (except subsec. (b)) of Pub. L. 98–615 to the extent that those sections apply to a qualified former wife or husband, see section 4069–1 of this title and section 4(h) of Pub. L. 98–615, set out as an Effective Date of 1984 Amendment note under section 8341 of Title 5.

Executive Documents

Recommendations by Secretary of State to President

For authority for the Secretary of State to make recommendations to the President through the Director of the Office of Management and Budget whenever action is appropriate under this section to maintain existing conformity between the Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System, see section 3 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section 3901 of this title.

Ex. Ord. No. 12289. Conforming the Foreign Service and Civil Service Retirement and Disability Systems

Ex. Ord. No. 12289, Feb. 14, 1981, 46 F.R. 12693, as amended by Pub. L. 102–54, §13(h)(2), June 13, 1991, 105 Stat. 275, provided:

By the authority vested in me as President of the United States of America by Section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067), and in order to conform further the Foreign Service Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:

Section 1. (a) Section 826(c) of the Foreign Service Act of 1980 (22 U.S.C. 4066(c)) is deemed to be amended by striking out the first sentence of paragraph (1) thereof, and inserting in lieu thereof the following sentence:

"(1) The first increase (if any) made under this section to an annuity which is payable from the Fund to a participant or to the surviving spouse of a deceased participant who dies in service shall be equal to the product (adjusted to the nearest 1/10 of 1 percent) of—

"(a) 1/6 of the applicable percent change determined under Subsection (b) of this Section, multiplied by

"(b) the number of full months for which the annuity was payable from the Fund before the effective date of the increase (counting any portion of a month as a full month).".

Sec. 2. Section 808(a) of the Foreign Service Act of 1980 (22 U.S.C. 4048(a)) is deemed to be amended by adding at the end thereof the following:

"However, if a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in Section 8332(c)(1) or (2) of title 5 of the United States Code) or Department of Veterans Affairs pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under this chapter excluding extra credit authorized by this subsection and excluding credit for military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in Section 5532 of title 5 of the United States Code, or the Department of Veterans Affairs pension or compensation in lieu of such retired pay or retainer pay, is less than the annuity that would be payable under this chapter in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity computed under this chapter.".

Sec. 3. The amendments to be deemed made by this Order shall take effect as of February 15, 1981.

Ex. Ord. No. 12446. Conforming the Foreign Service and Civil Service Retirement and Disability Systems

Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48443, provided:

By the authority vested in me as President of the United States of America by Section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067) (hereafter referred to as "the Act" [this chapter]), and in order to conform further the Foreign Service Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:

Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) The second sentence of Section 805(d)(3) of the Act (22 U.S.C. 4045(d)(3)), the first sentence of Section 815(h) (22 U.S.C. 4055(h)), and the first sentence of Section 825(a) (22 U.S.C. 4065(a)), are deemed to be amended to provide that interest shall be compounded at at the annual rate of 3 percent per annum through December 31, 1984, and thereafter at a rate equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 819 [22 U.S.C. 4059], as determined by the Secretary of the Treasury.

(b) Sections 806(a) and 816(d) of the Act (22 U.S.C. 4046(a) and 4056(d)) are deemed to be amended to exclude from the computation of creditable civilian service under section 816(a) of the Act any period of civilian service for which retirement deductions or contributions have not been made under section 805(d) [22 U.S.C. 4045] of the Act unless—

(1) the participant makes a contribution for such period as provided in such section 805(d); or

(2) no contribution is required for such service as provided under section 805(f) of the Act as deemed to be amended by this Order, or under any other statute.

(c) The amendments deemed to be made by section 1 of this Order shall apply (i) to contributions for civilian service performed on or after the first day of the month following issuance of this Order [Oct. 17, 1983], (ii) to contributions for prior refunds to participants for which application is received by the employing agency on and after such first day of the month, and (iii) to excess contributions under section 815(h) [22 U.S.C. 4055(h)] and voluntary contributions under section 825(a) [22 U.S.C. 4065(a)] from the first day of the month following issuance of this Order.

Sec. 2. Rounding Down of Annuities. (a) Section 826(e) of the Act (22 U.S.C. 4066(e)) is deemed to be amended by striking out "fixed at the nearest" and inserting in lieu thereof "rounded to the next lowest".

(b) The amendment deemed to be made by section 2(a) of this Order shall be effective with respect to any adjustment or redetermination of any annuity made on or after the date of this Order [Oct. 17, 1983].

Sec. 3. Later Commencement Date For Certain Annuities.

(a) Section 807(a) of the Act (22 U.S.C. 4047(a)) is deemed to be amended to read as follows:

"(a)(1) Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after—

"(A) separation from the Service occurs; or

"(B) pay ceases and the service and age requirements for entitlement to annuity are met.

"(2) The annuity of—

"(A) a participant who is retired and is eligible for benefits under section 609(a) [22 U.S.C. 4009(a)] or a participant who is retired under section 813 [22 U.S.C. 4053] or is otherwise involuntarily separated from the Service, except by removal for cause on charges of misconducted or delinquency.

"(B) a participant retiring under section 808 [22 U.S.C. 4048] due to a disability, and

"(C) a participant who serves 3 days or less in the month of retirement—

shall commence on the day after separation from the Service or the day after pay ceases and the requirements for entitlement to annuity are met.".

(b) The amendment deemed to be made by paragraph 3(a) of this Order shall become effective thirty days after the effective date of this Order [Oct. 17, 1983].

Sec. 4. Credit For Military Service. (a) Section 805 of the Act (22 U.S.C. 4045) is deemed to be amended—

(i) by striking out subsection (e) and substituting the following subsection in lieu thereof:

"(e)(1) Each participant who has performed military or naval service before the date of separation on which the entitlement to any annuity under this chapter is based may pay to the Secretary a special contribution equal to 7 percent of the amount of the basic pay paid under section 204 of title 37 of the United States Code, to the participant for each period of military or naval service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or if the Secretary determines sufficient evidence has not been so provided to adequately determine basic pay for military or naval service, such payment shall be based upon estimates of such basic pay provided to the Department under paragraph (4).

"(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of—

"(A) the effective date of this Order, or

"(B) the date on which the participant making the deposit first became a participant in a Federal staff retirement system for civilian employees,—

shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (d) of this section.

"(3) Any payment received by the Secretary under this section shall be remitted to the Fund.

"(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Secretary as the Secretary may determine to be necessary for the administration of this subsection.

"(f) Contributions shall only be required to obtain credit for periods of military or naval service to the extent provided under section 805(e) [22 U.S.C. 4045(e)] and section 816(a) [22 U.S.C. 4056(a)], except that credit shall be allowed in the absence of contributions to individuals of Japanese ancestry under section 816 [22 U.S.C. 4056] for periods of internment during World War II."; and—

(ii) by redesignating subsection (f) as subsection (g).

(b) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be amended by adding "(1)" after "(a)" and by adding the following new paragraphs at the end thereof:

"(2) The service of an individual who first becomes a participant on or after the date of this Order without any credit under section 816 for civilian service performed prior to October 1, 1982, shall include credit for:

"(A) each period of military or naval service performed before January 1, 1957, and

"(B) each period of military or naval service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this chapter is based, only if a deposit (with interest if any is required) is made with respect to that period, as provided in section 805(e) [22 U.S.C. 4045(e)].

"(3) The service of an individual who first became a participant on or after the date of this Order with credit under section 816 [22 U.S.C. 4056] for civilian service performed prior to October 1982, shall include credit for each period of military or naval service performed before the date of the separation on which the entitlement to an annuity under this chapter is based, subject, in the case of military or naval service performed after December 1956, to section 816(j) [22 U.S.C. 4056(j)], as deemed to be added by this Order.

"(4) The service of an individual who first became a participant before the date of this Order shall include credit for each period of military or naval service performed before the date of the separation on which the entitlement to an annuity under this chapter is based, subject, in the case of military or naval service performed after December 1976, to section 816(j) [22 U.S.C. 4056(j)], as deemed to be added by this Order";

(c) Section 816 of the Act (22 U.S.C. 4056) is deemed to be further amended by adding a new subsection (j) at the end thereof to read as follows:

"(1) Except as otherwise provided by statute or Executive Order, Section 8332(j) of Title 5, United States Code, relating to redetermination of credit for military and naval service, shall be applied to annuities payable under this chapter. The Secretary of State shall redetermine service, and may request and obtain information from the Secretary of Health and Human Services, as the Office of Personnel Management is directed or authorized to do in Section 8332(j).

"(2) Section 8332(j) of Title 5, United States Code, shall not apply with respect to:

"(A) the service of any individual who first became a participant on or after the date of this Order without any credit under section 816 [22 U.S.C. 4056] for civilian service performed prior to October 1982; or

"(B) any military or naval service performed prior to 1957 by an individual who first became a participant on or after the date of this Order with credit under section 816 [22 U.S.C. 4056] for civilian service performed prior to October 1982, or any period of military or naval service performed after 1956 with respect to which the participant has made a contribution (with interest if any is required) under section 805(e) [22 U.S.C. 4045(e)]; or

"(C) any military or naval service performed prior to 1977 by any individual who first became a participant before the date of this Order or any period of military or naval service performed after 1976 with respect to which the participant has made a contribution (with interest if any is required) under section 805(e) [22 U.S.C. 4045(e)]."

(d) Section 822(a) of the Act (22 U.S.C. 4062(a)) is deemed to be amended by striking out the period at the end thereof and inserting in lieu thereof: ", less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 805(e).".

(e) The amendments deemed to be made by Section 4 of this Order shall be effective on the date of this Order [Oct. 17, 1983].

Sec. 5. Recomputation at Age 62 of Credit for Military Service of Current Annuitants. (a) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be further amended so that the provisions of section 8332(j) of Title 5 of the United States Code, relating to credit for military service, shall not apply with respect to any individual who is entitled to an annuity under such Act [this chapter] on or before the date of approval of this order [Oct. 17, 1983], or who is entitled to an annuity based on a separation from service occurring on or before such date.

(b) Subject to subsection (c), in any case in which an individual described in subsection (a) is also entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act [42 U.S.C. 402] (or would be entitled to such benefits upon filing application therefor), the amount of the annuity to which such individual is entitled under chapter 8 of the Act [this subchapter] (after taking into account subsection (a)) which is payable for any month shall be reduced by an amount determined by multiplying the amount of such old-age or survivors insurance benefit for the determination month by a fraction—

(1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [42 U.S.C. 409]) for service referred to in section 210(1) of such Act [42 U.S.C. 410] (relating to service in the uniformed services) and deemed additional wages (within the meaning of section 229 of such Act [42 U.S.C. 429]) of such individual credited for years after 1956 and before the calendar year in which the determination month occurs, up to the contribution and benefit base determined under section 230 of the Social Security Act [42 U.S.C. 415(e)(1)]) (or other applicable maximum annual amount referred to in section 215(e)(1) of such Act [42 U.S.C. 409]) for each such year, and

(2) the denominator of which is the total of all wages deemed additional wages described in paragraph (1) of this subsection plus all other wages (within the meaning of section 209 of the Social Security Act [42 U.S.C. 409]) and all self-employment income (within the meaning of section 211(b) of such Act [42 U.S.C. 411(b)]) of such individual credited for years after 1936 and before the calendar year in which the determination month occurs, up to the contribution and benefit base (or such other amount referred to in such section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for each such year.

(c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under chapter 8 of the Act [this subchapter] to the individual for the determination month if section 8332(j) of Title 5 of the United States Code applied to the individual for such month.

(d) For purposes of this section, the term "determination month" means—

(1) the first month the individual described in subsection (a) is entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act [42 U.S.C. 402] (or would be entitled to such benefits upon filing application therefor); or

(2) the first day of the month following the month in which this Order is issued [Oct. 17, 1983] in the case of any individual so entitled to such benefits for such month.

(e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under chapter 8 of the Act [this subchapter] for calendar months beginning after the date of this Order [Oct. 17, 1983].

(f) The Secretary of Health and Human Services shall furnish such information to the Secretary of State as may be necessary to carry out the preceding provisions of this section.

Sec. 6. General Limitation on Cost-of-Living Adjustment for Annuities. (a) Section 826 of the Act (22 U.S.C. 4066) is deemed to be amended to add at the end thereof the following new subsection:

"(g)(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—

"(A) the maximum pay rate payable for class FS–1 under section 403, 30 days before the effective date of the adjustment under this section; or

"(B) the final pay (or average pay, if higher) of the former participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the Foreign Service Schedule under such section 403 during the period—

"(i) beginning on the date the annuity commenced (or, in the case of a survivor of the retired participant, the date the participant's annuity commenced), and

"(ii) ending on the effective date of the adjustment under this section.

"(2) For the purposes of paragraph (1) of this subsection, 'pay' means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.".

(b) The amendment made by subsection (a) of this Section shall not cause any annuity to be reduced below the rate that is payable on the date of approval of this Order [Oct. 17, 1983], but shall apply to any adjustment occurring on or after April 1, 1983 under Section 826 of the Act [22 U.S.C. 4066] to any annuity payable from the Foreign Service Retirement and Disability Fund, whether such annuity has a commencing date before, on, or after the date of this Order.

Ronald Reagan.      

Ex. Ord. No. 13105. Open Enrollment Season for Participants in the Foreign Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System

Ex. Ord. No. 13105, Nov. 2, 1998, 63 F.R. 60201, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067) and section 292 of the Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2141), and in order to conform further the Foreign Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:

Section 1. In conjunction with section 860 of the Foreign Service Act of 1980 (22 U.S.C. 4071i), the Secretary of State shall issue regulations providing for an open enrollment period from November 1, 1998, to April 30, 1999, during which employee participants in the Foreign Service Retirement and Disability System may elect to become subject to the Foreign Service Pension System.

Sec. 2. In conjunction with section 307(a) of the Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2157(a)), the Director shall provide for an open enrollment period from November 1, 1998, to April 30, 1999, during which employee participants in the Central Intelligence Agency Retirement and Disability System may elect to become subject to the Federal Employees' Retirement System, comparable to the election for civil service employees provided for by the Federal Employees' Retirement System Open Enrollment Act of 1997, Public Law 105–61 [5 U.S.C. 8331 note].

William J. Clinton.      

Ex. Ord. No. 13297. Applying the Federal Physicians Comparability Allowance Amendments of 2000 to Participants in the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System

Ex. Ord. No. 13297, Apr. 23, 2003, 68 F.R. 22565, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067), section 292 of the Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2141), and section 301 of title 3, United States Code, and in order to conform the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement System, it is hereby ordered as follows:

Section 1. Foreign Service Retirement and Disability System. (a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 (Public Law 106–571) [see Tables for classification] shall apply to the Foreign Service Retirement and Disability System, subchapter I of chapter 8 of the Foreign Service Act of 1980 [22 U.S.C. 4041 et seq.], as amended:

(i) Section 3(a) of Public Law 106–571 [amending section 8331 of Title 5, Government Organization and Employees] to provide that any amount received under section 5948 of title 5, United States Code (physicians comparability allowance), be included in the definition of basic pay; and

(ii) Section 3(b) of Public Law 106–571 [amending sections 8331 and 8339 of Title 5] to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Civil Service Retirement System.

(b) The Secretary of State shall issue regulations that reflect the application of sections 3(a) and 3(b) of Public Law 106–571 to the Foreign Service Retirement and Disability System. Such regulations shall provide that the foregoing provisions be retroactive to December 28, 2000.

Sec. 2. Foreign Service Pension System. (a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 (Public Law 106–571) shall apply to the Foreign Service Pension System, subchapter II of chapter 8 of the Foreign Service Act of 1980 [22 U.S.C. 4071 et seq.], as amended:

(i) Section 3(a) of Public Law 106–571 to provide that any amount received under section 5948 of title 5, United States Code (physicians comparability allowance), be included in the definition of basic pay; and

(ii) Section 3(c) of Public Law 106–571 [amending sections 8401 and 8415 of Title 5] to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Federal Employees Retirement System.

(b) The Secretary of State shall issue regulations that reflect the application of sections 3(a) and 3(c) of Public Law 106–571 to the Foreign Service Pension System. Such regulations shall provide that the foregoing provisions be retroactive to December 28, 2000.

Sec. 3. Central Intelligence Agency Retirement and Disability System.

(a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 (Public Law 106–571) shall apply to the Central Intelligence Agency Retirement and Disability System, title II of the Central Intelligence Agency Retirement Act of 1964 [50 U.S.C. 2011 et seq.], as amended:

(i) Section 3(a) of Public Law 106–571 to provide that any amount received under section 5948 of title 5, United States Code (physicians comparability allowance), be included in the definition of basic pay; and

(ii) Section 3(b) of Public Law 106–571 to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Civil Service Retirement System.

(b) The Director of Central Intelligence shall issue regulations to reflect the application of sections 3(a) and 3(b) of Public Law 106–571 to the Central Intelligence Agency Retirement and Disability System. Such regulations shall provide that the foregoing provisions be retroactive to December 28, 2000.

Sec. 4. Judicial Review. This order is not intended to create, nor does it create any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, employees, or any other person.

George W. Bush.
22 U.S.C. § 2394c (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter III: GENERAL AND ADMINISTRATIVE PROVISIONS / Section 2394c: Information on covered United States foreign assistance programs
Information on covered United States foreign assistance programs
Status: in_force

(a) Publication of information

(1) Update of existing website

Not later than 90 days after July 15, 2016, the Secretary of State shall update the Department of State's website, "ForeignAssistance.gov", to make publicly available comprehensive, timely, and comparable information on covered United States foreign assistance programs, including all information required under subsection (b) that is available to the Secretary of State.

(2) Information sharing

Not later than 2 years after July 15, 2016, and quarterly thereafter, the head of each Federal department or agency that administers covered United States foreign assistance shall provide the Secretary of State with comprehensive information about the covered United States foreign assistance programs carried out by such department or agency.

(3) Updates to website

Not later than 2 years after July 15, 2016, and quarterly thereafter, the Secretary of State shall publish, on the "ForeignAssistance.gov" website or through a successor online publication, the information provided under subsection (b).

(b) Matters to be included

(1) In general

The information described in subsection (a)—

(A) shall be published for each country on a detailed basis, such as award-by-award; or

(B) if assistance is provided on a regional level, shall be published for each such region on a detailed basis, such as award-by-award.

(2) Types of information

(A) In general

To ensure the transparency, accountability, and effectiveness of covered United States foreign assistance programs, the information described in subsection (a) shall include—

(i) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations in accordance with section 3(c)(2)(J);

(ii) basic descriptive summaries for covered United States foreign assistance programs and awards under such programs; and

(iii) obligations and expenditures.

(B) Publication

Each type of information described in subparagraph (A) shall be published or updated on the appropriate website not later than 90 days after the date on which the information is issued.

(C) Rule of construction

Nothing in this paragraph may be construed to require a Federal department or agency that administers covered United States foreign assistance to provide any information that does not relate to, or is not otherwise required by, the covered United States foreign assistance programs carried out by such department or agency.

(3) Report in lieu of inclusion

(A) Health or security of implementing partners

If the head of a Federal department or agency, in consultation with the Secretary of State, makes a determination that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary or would require the release of proprietary information of an implementing partner or program beneficiary, the head of the Federal department or agency shall provide such determination in writing to the appropriate congressional committees, including the basis for such determination.

(B) National interests of the United States

If the Secretary of State makes a determination that the inclusion of a required item of information online would be detrimental to the national interests of the United States, the Secretary of State shall provide such determination, including the basis for such determination, in writing to the appropriate congressional committees.

(C) Form

Information provided under this paragraph may be provided in classified form, as appropriate.

(4) Failure to comply

If a Federal department or agency fails to comply with the requirements under paragraph (1), (2), or (3) of subsection (a), or subsection (c), with respect to providing information described in subsection (a), and the information is not subject to a determination under subparagraph (A) or (B) of paragraph (3) not to make the information publicly available, the Director of the Office of Management and Budget, in consultation with the head of such department or agency, not later than one year after July 15, 2016, shall submit a consolidated report to the appropriate congressional committees that includes, with respect to each required item of information not made publicly available—

(A) a detailed explanation of the reason for not making such information publicly available; and

(B) a description of the department's or agency's plan and timeline for—

(i) making such information publicly available; and

(ii) ensuring that such information is made publicly available in subsequent years.

(c) Scope of information

The online publication required under subsection (a) shall, at a minimum—

(1) in each of the fiscal years 2016 through 2019, provide the information required under subsection (b) for fiscal years 2015 through the current fiscal year; and

(2) for fiscal year 2020 and each fiscal year thereafter, provide the information required under subsection (b) for the immediately preceding 5 fiscal years in a fully searchable form.

(d) Sense of Congress

It is the sense of Congress that the Secretary of State and the Administrator of the United States Agency for International Development should coordinate the consolidation of processes and data collection and presentation for the Department of State's website, "ForeignAssistance.gov", and the United States Agency for International Development's website, "Explorer.USAID.gov", to the extent that is possible to maximize efficiencies, no later than the end of fiscal year 2018.

(Pub. L. 114–191, §4, July 15, 2016, 130 Stat. 669.)

Editorial Notes

References in Text

Section 3(c)(2)(J), referred to in subsec. (b)(2)(A)(i), is section 3(c)(2)(J) of Pub. L. 114–191, which is set out as a note below.

Codification

Section was enacted as part of the Foreign Aid Transparency and Accountability Act of 2016, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Guidelines for Covered United States Foreign Assistance Programs

Pub. L. 114–191, §3, July 15, 2016, 130 Stat. 667, provided that:

"(a) Purposes.—The purposes of this section are to—

"(1) evaluate the performance of covered United States foreign assistance and its contribution to the policies, strategies, projects, program goals, and priorities undertaken by the Federal Government;

"(2) support and promote innovative programs to improve effectiveness; and

"(3) coordinate the monitoring and evaluation processes of Federal departments and agencies that administer covered United States foreign assistance.

"(b) Establishment of Guidelines.—Not later than 18 months after the date of the enactment of this Act [July 15, 2016], the President shall set forth guidelines, according to best practices of monitoring and evaluation studies and analyses, for the establishment of measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to covered United States foreign assistance.

"(c) Objectives of Guidelines.—

"(1) In general.—The guidelines established pursuant to subsection (b) shall provide direction to Federal departments and agencies that administer covered United States foreign assistance on—

"(A) monitoring the use of resources;

"(B) evaluating the outcomes and impacts of covered United States foreign assistance projects and programs; and

"(C) applying the findings and conclusions of such evaluations to proposed project and program design.

"(2) Objectives.—The guidelines established pursuant to subsection (b) shall provide direction to Federal departments and agencies that administer covered United States foreign assistance on how to—

"(A) establish annual monitoring and evaluation objectives and timetables to plan and manage the process of monitoring, evaluating, analyzing progress, and applying learning toward achieving results;

"(B) develop specific project monitoring and evaluation plans, including measurable goals and performance metrics, and to identify the resources necessary to conduct such evaluations, which should be covered by program costs;

"(C) apply rigorous monitoring and evaluation methodologies to such programs, including through the use of impact evaluations, ex-post evaluations, or other methods, as appropriate, that clearly define program logic, inputs, outputs, intermediate outcomes, and end outcomes;

"(D) disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of covered United States foreign assistance programs;

"(E) establish methodologies for the collection of data, including baseline data to serve as a reference point against which progress can be measured;

"(F) evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau or an equivalent calculation to ensure the majority of program resources are evaluated;

"(G) conduct impact evaluations on all pilot programs before replicating, or conduct performance evaluations and provide a justification for not conducting an impact evaluation when such an evaluation is deemed inappropriate or impracticable;

"(H) develop a clearinghouse capacity for the collection, dissemination, and preservation of knowledge and lessons learned to guide future programs for United States foreign assistance personnel, implementing partners, the donor community, and aid recipient governments;

"(I) internally distribute evaluation reports;

"(J) publicly report each evaluation, including an executive summary, a description of the evaluation methodology, key findings, appropriate context, including quantitative and qualitative data when available, and recommendations made in the evaluation within 90 days after the completion of the evaluation;

"(K) undertake collaborative partnerships and coordinate efforts with the academic community, implementing partners, and national and international institutions, as appropriate, that have expertise in program monitoring, evaluation, and analysis when such partnerships provide needed expertise or significantly improve the evaluation and analysis;

"(L) ensure verifiable, reliable, and timely data, including from local beneficiaries and stakeholders, are available to monitoring and evaluation personnel to permit the objective evaluation of the effectiveness of covered United States foreign assistance programs, including an assessment of assumptions and limitations in such evaluations; and

"(M) ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed, including ensuring the integrity and independence of evaluations, permitting and encouraging the exercise of professional judgment, and providing for quality control and assurance in the monitoring and evaluation process.

"(d) President's Report.—Not later than 18 months after the date of the enactment of this Act [July 15, 2016], the President shall submit a report to the appropriate congressional committees that contains a detailed description of the guidelines established pursuant to subsection (b). The report shall be submitted in unclassified form, but it may contain a classified annex.

"(e) Comptroller General's Report.—The Comptroller General of the United States shall, not later than 18 months after the report required by subsection (d) is submitted to Congress, submit to the appropriate congressional committees a report that—

"(1) analyzes the guidelines established pursuant to subsection (b); and

"(2) assesses the implementation of the guidelines by the agencies, bureaus, and offices that implement covered United States foreign assistance as outlined in the President's budget request."

[For delegation of functions of President under section 3(b) and (d) of Pub. L. 114–191, set out above, see Memorandum of President of the United States, Nov. 21, 2017, 82 F.R. 56529, set out below.]

Definitions

Pub. L. 114–191, §2, July 15, 2016, 130 Stat. 666, as amended by Pub. L. 115–254, div. F, title VI, §1470(l), Oct. 5, 2018, 132 Stat. 3517; Pub. L. 117–214, §7, Oct. 19, 2022, 136 Stat. 2255; Pub. L. 117–263, div. E, title LV, §5564(b), Dec. 23, 2022, 136 Stat. 3361, provided that:

"In this Act [enacting this section and provisions set out as notes under this section and section 2151 of this title]:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Relations of the Senate;

"(B) the Committee on Appropriations of the Senate;

"(C) the Committee on Foreign Affairs of the House of Representatives; and

"(D) the Committee on Appropriations of the House of Representatives.

"(2) Evaluation.—The term 'evaluation' means, with respect to a covered United States foreign assistance program, the systematic collection and analysis of information about the characteristics and outcomes of the program, including projects conducted under such program, as a basis for—

"(A) making judgments and evaluations regarding the program;

"(B) improving program effectiveness; and

"(C) informing decisions about current and future programming.

"(3) Covered united states foreign assistance.—The term 'covered United States foreign assistance' means assistance authorized under—

"(A) part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except for chapter 3 of such part [22 U.S.C. 2221 et seq.] (relating to International Organizations and Programs);

"(B) chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund);

"(C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.);

"(D) the Food for Peace Act (7 U.S.C. 1721 [1691] et seq.);

"(E) the Better Utilization of Investments Leading to Development Act of 2018 [22 U.S.C. 9601 et seq.].

"(E) the Global Malnutrition Prevention and Treatment Act of 2021 [Pub. L. 117–214; 22 U.S.C. 9301 note]; and

"(F) the Global Health Security and International Pandemic Prevention, Preparedness and Response Act of 2022 [Pub. L. 117–263, div. E, title LV, subtitle D; 22 U.S.C. 2151b note]."

[Amendment by section 1470(l) of Pub. L. 115–254, adding first par. (3)(E) to section 2 of Pub. L. 114–191, set out above, effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress. Another par. (3)(E) was added by section 7 of Pub. L. 117–214. Section 5564(b)(2) of Pub. L. 117–263, which directed substitution of "; and" for period at end of subpar. (E) of section 2(3) of Pub. L. 114–191, was executed by making the substitution in the second subpar. (E).]

Executive Documents

Delegation of Authority Under the Foreign Aid Transparency and Accountability Act of 2016

Memorandum of President of the United States, Nov. 21, 2017, 82 F.R. 56529, provided:

Memorandum for the Director of the Office of Management and Budget

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Director of the Office of Management and Budget the functions and authorities vested in the President by sections 3(b) and 3(d) of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191) (the "Act"), including updating the guidelines required by section 3(b) as he may think proper, in accordance with the Act.

The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as sections 3(b) and 3(d) of the Act.

You are authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.
22 U.S.C. § 286xx (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 7: INTERNATIONAL BUREAUS, CONGRESSES, ETC. / Subchapter XV: INTERNATIONAL MONETARY FUND AND BANK FOR RECONSTRUCTION AND DEVELOPMENT / Section 286xx: Quota increase
Quota increase
Status: in_force

(a) In general

The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 40,871,800,000 Special Drawing Rights.

(b) Subject to appropriations

The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.

(July 31, 1945, ch. 339, §72, as added Pub. L. 114–113, div. K, title IX, §9002, Dec. 18, 2015, 129 Stat. 2830.)
22 U.S.C. § 3682 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 51: PANAMA CANAL / Subchapter I: ADMINISTRATION AND REGULATIONS / Section 3682: Administration of certain disability benefits
Administration of certain disability benefits
Status: in_force

(a) Continuation of cash relief payments to employees under Act of July 8, 1937

(1) The Commission, or any other United States Government agency or private entity acting pursuant to an agreement with the Commission, under the Act entitled "An Act authorizing cash relief for certain employees of the Panama Canal not coming within the provisions of the Canal Zone Retirement Act", approved July 8, 1937 (50 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former employees of the Canal Zone Government or Panama Canal Company or their predecessor agencies not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to October 5, 1958, because of unfitness for further useful service by reason of mental or physical disability resulting from age or disease.

(2) Subject to subsection (b), cash relief under this subsection may not exceed $1.50 per month for each year of service of the employees so furnished relief, with a maximum of $45 per month, plus the amount of any cost-of-living increases in such cash relief granted before October 1, 1979, pursuant to section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), nor be paid to any employee who, at the time of termination for disability prior to October 5, 1958, had less than 10 years' service with the Canal Zone Government, the Panama Canal Company, or their predecessor agencies on the Isthmus of Panama.

(b) Additional amounts for relief under subsection (a)

An additional amount of $20 per month shall be paid to each person who receives payment of cash relief under subsection (a) of this section and shall be allowed without regard to the limitations contained therein.

(c) Increases in cash relief payments

Each cash relief payment made pursuant to this section shall be increased on the same effective date and by the same percent, adjusted to the nearest dollar, as civil service retirement annuities are increased under the cost-of-living adjustment provisions of section 8340(b) of title 5. Such increase shall apply only to cash relief payments made after October 1, 1979, as increased by annuity increases made after that date under such section 8340(b) of title 5.

(d) Cash relief payments to widows

The Commission may pay cash relief to the widow of any former employee of the Canal Zone Government or the Panama Canal Company who, until the time of his death, receives or has received cash relief under subsection (a) of this section, under section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), or under the Act of July 8, 1937, referred to in such subsection (a). The term "widow" as used in this subsection includes only the following:

(1) a woman legally married to such employee at the time of his termination for disability and at his death;

(2) a woman who, although not legally married to such former employee at the time of his termination, had resided continuously with him for at least five years immediately preceding the employee's termination under such circumstances as would at common law make the relationship a valid marriage and who continued to reside with him until his death; and

(3) a woman who has not remarried or assumed a common-law relationship with any other person.

Cash relief granted to such a widow shall not at any time exceed 50 percent of the rate at which cash relief, inclusive of any additional payment under subsection (b) of this section, would be payable to the former employee were he then alive.

(e) Applicability of subchapter III of chapter 83 of title 5

Subchapter III of chapter 83 of title 5 applies with respect to those individuals who were in the service of the Canal Zone Government or the Panama Canal Company on October 5, 1958, and who, except for the operation of section 13(a)(1) of the Act entitled "An Act to implement item 1 of a Memorandum of Understanding attached to the treaty of January 25, 1955, entered into by the Government of the United States of America and the Government of the Republic of Panama with respect to wage and employment practices of the Government of the United States of America in the Canal Zone", approved July 25, 1958 (72 Stat. 405), would have been within the classes of individuals subject to the Act of July 8, 1937, referred to in subsection (a) of this section.

(Pub. L. 96–70, title I, §1245, Sept. 27, 1979, 93 Stat. 475; Pub. L. 104–201, div. C, title XXXV, §§3538, 3548(c)(2), Sept. 23, 1996, 110 Stat. 2864, 2869.)

Editorial Notes

References in Text

The reference to the Act of July 8, 1937, in subsecs. (a)(1), (d), and (e), is act July 8, 1937, ch. 443, 50 Stat. 478, which was classified to section 1372 of Title 48, Territories and Insular Possessions, prior to repeal by Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701.

The Canal Zone Code, referred to in subsec. (a)(2), was enacted by Pub. L. 87–845, §1, Oct. 18, 1962, 76A Stat. 1, redesignated the Panama Canal Code by Pub. L. 96–70, title III, §3303(b), Sept. 27, 1979, 93 Stat. 499, and repealed by Pub. L. 104–201, div. C, title XXXV, §3549, Sept. 23, 1996, 110 Stat. 2870.

Section 13(a)(1) of Act July 25, 1958, referred to in subsec. (e), probably means section 13(a) of Pub. L. 85–550, July 25, 1958, 72 Stat. 405, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.

Amendments

1996—Pub. L. 104–201, §§3538, 3548(c)(2), amended section catchline to read "Administration of certain disability benefits".

Subsec. (a). Pub. L. 104–201, §3538, added subsec. (a) and struck out former subsec. (a) which read as follows: "The Commission, under the regulations prescribed by the President pursuant to the Act entitled 'An Act authorizing cash relief for certain employees of the Panama Canal not coming within the provisions of the Canal Zone Retirement Act', approved July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former employees of the Canal Zone Government or Panama Canal Company or their predecessor agencies not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to October 5, 1958, because of unfitness for further useful service by reason of mental or physical disability resulting from age or disease. Subject to subsection (b) of this section, that cash relief may not exceed $1.50 per month for each year of service of the employees so furnished relief, with a maximum of $45 per month, plus the amount of any cost-of-living increases in such cash relief granted before October 1, 1979, pursuant to section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), nor be paid to any employee who, at the time of termination for disability prior to October 5, 1958, had less than 10 years' service with the Canal Zone Government, the Panama Canal Company, or their predecessor agencies on the Isthmus of Panama."
22 U.S.C. § 285j (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 7: INTERNATIONAL BUREAUS, CONGRESSES, ETC. / Subchapter XIV: ASIAN DEVELOPMENT BANK / Section 285j: United States Special Resources
United States Special Resources
Status: in_force

(a) Development projects and programs

The United States Special Resources shall be used to finance specific high priority development projects and programs in developing member countries of the Bank with emphasis on such projects and programs in the Southeast Asia region.

(b) Authorized uses

The United States Special Resources shall be used by the Bank only for—

(1) making development loans on terms which may be more flexible and bear less heavily on the balance of payments than those established by the Bank for its ordinary operations; and

(2) providing technical assistance credits on a reimbursable basis.

(c) Eligible goods and services

(1) The United States Special Resources may be expended by the Bank only for procurement in the United States of goods produced in, or services supplied from the United States, except that the United States Governor, in consultation with the National Advisory Council on International Monetary and Financial Policies, may allow eligibility for procurement in other member countries from the United States Special Resources if he determines that such procurement eligibility would materially improve the ability of the Bank to carry out the objectives of its special funds resources and would be compatible with the international financial position of the United States.

(2) The United States Special Resources may be used to pay for administrative expenses arising from the use of the United States Special Resources, but only to the extent such expenses are not covered from the Bank's service fee or income from use of United States Special Resources.

(d) Repayment in dollars

All financing of programs and projects by the Bank from the United States Special Resources shall be repayable to the Bank by the borrowers in United States dollars.

(Pub. L. 89–369, §13, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 57.)

Executive Documents

Delegation of Functions

Functions of National Advisory Council on International Monetary and Financial Problems delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
22 U.S.C. § 124 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 1: DIPLOMATIC AND CONSULAR SERVICE GENERALLY / Section 124: Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(14), (21), 60 Stat. 1036
Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(14), (21), 60 Stat. 1036
Status: repealed

Section 124, R.S. §1741; acts June 17, 1874, ch. 294, 18 Stat. 77; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to absence without leave.

Section 125, R.S. §1743, related to extra compensation.

Section 126, R.S. §1751; act June 17, 1874, ch. 294, 18 Stat. 77, related to private correspondence on affairs of foreign governments.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.
22 U.S.C. § 2151z (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter I: INTERNATIONAL DEVELOPMENT / Section 2151z: Targeted assistance
Targeted assistance
Status: in_force

(a) Determination of target populations and strengthening United States assistance

The President shall use poverty measurement standards, such as those developed by the International Bank for Reconstruction and Development, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assistance under this part directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty.

(b) Ultimate beneficiaries of activities

To the maximum extent possible, activities under this part that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority.

(Pub. L. 87–195, pt. I, §128, as added Pub. L. 97–377, title I, §101(b)(2), Dec. 21, 1982, 96 Stat. 1832; amended Pub. L. 99–83, title III, §312(a), Aug. 8, 1985, 99 Stat. 216.)

Editorial Notes

Amendments

1985—Pub. L. 99–83, in amending section generally, designated existing provisions as subsec. (a), substituted provisions setting overall guidelines and principles for determination of target populations and strengthening United States assistance, for provisions relating to Presidential responsibility in carrying out this part in fiscal year 1983 for targeting assistance for those living in absolute poverty, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Report of Administrator of Agency for International Development to Congress by June 21, 1983, on Implementation of Section

Pub. L. 97–377, title I, §101(b)(2), Dec. 21, 1982, 96 Stat. 1832, provided in part that within six months after Dec. 21, 1982, the Administrator of the Agency for International Development would report to Congress on the implementation of this section, the types of projects determined to meet these requirements, and the effect on the overall United States foreign assistance program.

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
22 U.S.C. § 7801 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 85: NORTH KOREAN HUMAN RIGHTS / Section 7801: Findings
Findings
Status: in_force

Congress makes the following findings:

(1) According to the Department of State, the Government of North Korea is "a dictatorship under the absolute rule of Kim Jong Il" that continues to commit numerous, serious human rights abuses.

(2) The Government of North Korea attempts to control all information, artistic expression, academic works, and media activity inside North Korea and strictly curtails freedom of speech and access to foreign broadcasts.

(3) The Government of North Korea subjects all its citizens to systematic, intensive political and ideological indoctrination in support of the cult of personality glorifying Kim Jong Il and the late Kim Il Sung that approaches the level of a state religion.

(4) The Government of North Korea divides its population into categories, based on perceived loyalty to the leadership, which determines access to food, employment, higher education, place of residence, medical facilities, and other resources.

(5) According to the Department of State, "[t]he [North Korean] Penal Code is [d]raconian, stipulating capital punishment and confiscation of assets for a wide variety of 'crimes against the revolution,' including defection, attempted defection, slander of the policies of the Party or State, listening to foreign broadcasts, writing 'reactionary' letters, and possessing reactionary printed matter".

(6) The Government of North Korea executes political prisoners, opponents of the regime, some repatriated defectors, some members of underground churches, and others, sometimes at public meetings attended by workers, students, and schoolchildren.

(7) The Government of North Korea holds an estimated 200,000 political prisoners in camps that its State Security Agency manages through the use of forced labor, beatings, torture, and executions, and in which many prisoners also die from disease, starvation, and exposure.

(8) According to eyewitness testimony provided to the United States Congress by North Korean camp survivors, camp inmates have been used as sources of slave labor for the production of export goods, as targets for martial arts practice, and as experimental victims in the testing of chemical and biological poisons.

(9) According to credible reports, including eyewitness testimony provided to the United States Congress, North Korean Government officials prohibit live births in prison camps, and forced abortion and the killing of newborn babies are standard prison practices.

(10) According to the Department of State, "[g]enuine religious freedom does not exist in North Korea" and, according to the United States Commission on International Religious Freedom, "[t]he North Korean state severely represses public and private religious activities" with penalties that reportedly include arrest, imprisonment, torture, and sometimes execution.

(11) More than 2,000,000 North Koreans are estimated to have died of starvation since the early 1990s because of the failure of the centralized agricultural and public distribution systems operated by the Government of North Korea.

(12) According to a 2002 United Nations-European Union survey, nearly one out of every ten children in North Korea suffers from acute malnutrition and four out of every ten children in North Korea are chronically malnourished.

(13) Since 1995, the United States has provided more than 2,000,000 tons of humanitarian food assistance to the people of North Korea, primarily through the World Food Program.

(14) Although United States food assistance has undoubtedly saved many North Korean lives and there have been minor improvements in transparency relating to the distribution of such assistance in North Korea, the Government of North Korea continues to deny the World Food Program forms of access necessary to properly monitor the delivery of food aid, including the ability to conduct random site visits, the use of native Korean-speaking employees, and travel access throughout North Korea.

(15) The risk of starvation, the threat of persecution, and the lack of freedom and opportunity in North Korea have caused large numbers, perhaps even hundreds of thousands, of North Koreans to flee their homeland, primarily into China.

(16) North Korean women and girls, particularly those who have fled into China, are at risk of being kidnapped, trafficked, and sexually exploited inside China, where many are sold as brides or concubines, or forced to work as prostitutes.

(17) The Governments of China and North Korea have been conducting aggressive campaigns to locate North Koreans who are in China without permission and to forcibly return them to North Korea, where they routinely face torture and imprisonment, and sometimes execution.

(18) Despite China's obligations as a party to the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, China routinely classifies North Koreans seeking asylum in China as mere "economic migrants" and returns them to North Korea without regard to the serious threat of persecution they face upon their return.

(19) The Government of China does not provide North Koreans whose asylum requests are rejected a right to have the rejection reviewed prior to deportation despite its obligations under the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.

(20) North Koreans who seek asylum while in China are routinely imprisoned and tortured, and in some cases killed, after they are returned to North Korea.

(21) The Government of China has detained, convicted, and imprisoned foreign aid workers attempting to assist North Korean refugees in proceedings that did not comply with Chinese law or international standards.

(22) In January 2000, North Korean agents inside China allegedly abducted the Reverend Kim Dong-shik, a United States permanent resident and advocate for North Korean refugees, whose condition and whereabouts remain unknown.

(23) Between 1994 and 2003, South Korea has admitted approximately 3,800 North Korean refugees for domestic resettlement, a number that is small in comparison with the total number of North Korean escapees but far greater than the number legally admitted in any other country.

(24) Although the principal responsibility for North Korean refugee resettlement naturally falls to the Government of South Korea, the United States should play a leadership role in focusing international attention on the plight of these refugees, and formulating international solutions to that profound humanitarian dilemma.

(25) In addition to infringing the rights of its own citizens, the Government of North Korea has been responsible in years past for the abduction of numerous citizens of South Korea and Japan, whose condition and whereabouts remain unknown.

(Pub. L. 108–333, §3, Oct. 18, 2004, 118 Stat. 1287.)

Statutory Notes and Related Subsidiaries

Short Title of 2022 Amendment

Pub. L. 117–263, div. E, title LV, §5580, Dec. 23, 2022, 136 Stat. 3371, provided that: "This subtitle [subtitle F (§§5580–5584) of title LV of div. E of Pub. L. 117–263, amending section 7814 of this title and enacting provisions set out as notes under section 7814 of this title] may be cited as the 'Otto Warmbier Countering North Korean Censorship and Surveillance Act of 2022'."

Short Title of 2018 Amendment

Pub. L. 115–198, §1, July 20, 2018, 132 Stat. 1519, provided that: "This Act [enacting section 7846 of this title, amending sections 7812 to 7814, 7817, 7831, 7833, and 7845 of this title, repealing section 9253 of this title, and enacting provisions set out as a note under this section] may be cited as the 'North Korean Human Rights Reauthorization Act of 2017'."

Short Title of 2013 Amendment

Pub. L. 112–264, §1, Jan. 14, 2013, 126 Stat. 2432, provided that: "This Act [enacting section 7834 of this title and provisions set out as a note under section 7834 of this title] may be cited as the 'North Korean Child Welfare Act of 2012'."

Short Title of 2012 Amendment

Pub. L. 112–172, §1, Aug. 16, 2012, 126 Stat. 1307, provided that: "This Act [amending sections 7812, 7814, 7817, 7831, 7833, and 7845 of this title and enacting provisions set out as a note under this section] may be cited as the 'Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012'."

Short Title of 2008 Amendment

Pub. L. 110–346, §1, Oct. 7, 2008, 122 Stat. 3939, provided that: "This Act [amending sections 7803, 7812, 7814, 7817, 7831, 7833, and 7845 of this title and enacting provisions set out as notes under this section] may be cited as the 'North Korean Human Rights Reauthorization Act of 2008'."

Short Title

Pub. L. 108–333, §1, Oct. 18, 2004, 118 Stat. 1287, provided that: "This Act [enacting this chapter] may be cited as the 'North Korean Human Rights Act of 2004'."

Findings

Pub. L. 115–198, §2, July 20, 2018, 132 Stat. 1519, provided that: "Congress makes the following findings:

"(1) In 2014, the United Nations Commission of Inquiry (COI) on Human Rights in the Democratic People's Republic of Korea (DPRK) found that the grave human rights violations still being perpetrated against the people of North Korea, due to policies established at the highest level of the state, amount to crimes against humanity. Crimes include forced starvation, sexual violence against women and children, restrictions on freedom of movement, arbitrary detention, torture, executions, and enforced disappearances, among other hardships.

"(2) The COI also noted that the Government of the People's Republic of China is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees back to the DPRK. Upon repatriation, North Koreans are sent to prison camps, tortured, or even executed. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its obligation to uphold the principle of non-refoulement, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).

"(3) Estimates from the COI suggest that between 80,000 and 120,000 people are believed to be imprisoned in political prison camps in North Korea. Another 70,000 are believed to be held at other detention facilities. Prisoners in both situations are subject to harsh conditions, limited food, sexual abuse, and in most cases hard labor.

"(4) One of the findings of the COI report was the persecution of religious minorities, especially Christians. There is effectively no freedom of religion in North Korea, only worship of the Kim family. Christians are subjected to particularly acute persecution. It has been reported that Christians in North Korea have been tortured, forcibly detained, and even executed for possessing a Bible or professing Christianity.

"(5) North Korea profits from its human rights abuses. A 2014 report from the Asian Institute for Policy Studies suggests that there are nearly 50,000 North Korean workers forced to labor overseas, sometimes without compensation, and for as much as 20 hours at a time. Workers that received compensation were not to be paid more than $150 per month, which is between 10 to 20 percent of the value of the labor they performed. Based on this report, the regime may profit as much as $360,000,000 annually from just 50,000 laborers.

"(6) On July 6, 2016, the United States imposed sanctions on North Korean leader Kim Jong Un and other senior North Korean officials for human rights violations as required by the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122) [22 U.S.C. 9201 et seq.]. This was the first time that the United States had designated North Korean officials for human rights abuses.

"(7) The North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122) requires the President to impose mandatory penalties under United States law on any person that 'knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North Korea'.

"(8) Although the United States Refugee Admissions Program remains the largest in the world by far, the United States has only resettled 212 refugees from North Korea since the date of the enactment of the North Korea[n] Human Rights Act of 2004 (Public Law 108–333) [Oct. 18, 2004]."

Pub. L. 112–172, §2, Aug. 16, 2012, 126 Stat. 1307, provided that: "Congress finds the following:

"(1) The North Korean Human Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) and the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110–346) [see Short Title of 2008 Amendment note above] were the product of broad, bipartisan consensus regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and the importance of refugee protection.

"(2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea.

"(3) Although the transition to the leadership of Kim Jong-Un after the death of Kim Jong-Il has introduced new uncertainties and possibilities, the fundamental human rights and humanitarian conditions inside North Korea remain deplorable, North Korean refugees remain acutely vulnerable, and the findings in the 2004 Act and 2008 Reauthorization remain substantially accurate today.

"(4) Media and nongovernmental organizations have reported a crackdown on unauthorized border crossing during the North Korean leadership transition, including authorization for on-the-spot execution of attempted defectors, as well as an increase in punishments during the 100-day official mourning period after the death of Kim Jong-Il.

"(5) Notwithstanding high-level advocacy by the United States, the Republic of Korea, and the United Nations High Commissioner for Refugees, China has continued to forcibly repatriate North Koreans, including dozens of presumed refugees who were the subject of international humanitarian appeals during February and March of 2012.

"(6) The United States, which has the largest international refugee resettlement program in the world, has resettled 128 North Koreans since passage of the 2004 Act, including 23 North Koreans in fiscal year 2011.

"(7) In a career of Asia-focused public service that spanned more than half a century, including service as a senior United States diplomat in times and places where there were significant challenges to human rights, Ambassador James R. Lilley also served as a director of the Committee for Human Rights in North Korea until his death in 2009.

"(8) Following his 18 years of service in the House of Representatives, including as Chairman of the Foreign Affairs Subcommittee on East Asian and Pacific Affairs, Stephen J. Solarz committed himself to, in his words, highlighting 'the plight of ordinary North Koreans who are denied even the most basic human rights, and the dramatic and heart-rending stories of those who risk their lives in the struggle to escape what is certainly the world's worst nightmare', and served as co-chairman of the Committee for Human Rights in North Korea until his death in 2010."

Pub. L. 110–346, §2, Oct. 7, 2008, 122 Stat. 3939, provided that: "Congress finds the following:

"(1) The North Korean Human Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) (in this section referred to as 'the Act') was the product of broad, bipartisan consensus in Congress regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and refugee protection.

"(2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea.

"(3) Human rights and humanitarian conditions inside North Korea are deplorable, North Korean refugees remain acutely vulnerable, and the findings in section 3 of the Act [22 U.S.C. 7801] remain accurate today.

"(4) The Government of China is conducting an increasingly aggressive campaign to locate and forcibly return border-crossers to North Korea, where they routinely face torture and imprisonment, and sometimes execution. According to recent reports, the Chinese Government is shutting down Christian churches and imprisoning people who help North Korean defectors and has increased the bounty paid for turning in North Korean refugees.

"(5) In an attempt to deter escape attempts, the Government of North Korea has reportedly stepped up its public execution of border-crossers and those who help others cross into China.

"(6) In spite of the requirement of the Act that the Special Envoy on Human Rights in North Korea (the 'Special Envoy') report to the Congress no later than April 16, 2005, a Special Envoy was not appointed until August 19, 2005, more than four months after the reporting deadline.

"(7) The Special Envoy appointed by the President has filled that position on a part-time basis only.

"(8) Since the passage of the North Korean Human Rights Act, Congress has on several occasions expressed interest in the status of North Korean refugees, and on February 21, 2006, a bipartisan group of senior Members of the House and Senate wrote Secretary of State Condoleezza Rice 'to express [their] deep concern for the lack of progress in funding and implementing the key provisions of the North Korean Human Rights Act', particularly the lack of North Korean refugee admissions to the United States.

"(9) Although the United States refugee resettlement program remains the largest in the world by far, the United States has resettled only 37 North Koreans in the period from 2004 through 2007.

"(10) From the end of 2004 through 2007, the Republic of Korea resettled 5,961 North Koreans.

"(11) Extensive delays in assessment and processing have led numerous North Korean refugees to abandon their quest for United States resettlement, and long waits (of more than a year in some cases) have been the source of considerable discouragement and frustration among refugees, many of whom are awaiting United States resettlement in circumstances that are unsafe and insecure.

"(12) From 2000 through 2006, the United States granted asylum to 15 North Koreans, as compared to 60 North Korean asylum grantees in the United Kingdom, and 135 in Germany during that same period."

Sense of Congress

Pub. L. 110–346, §3, Oct. 7, 2008, 122 Stat. 3940, provided that: "It is the sense of Congress that—

"(1) the United States should continue to make it a priority to seek broader permission and greater cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific nations;

"(2) at the same time that careful screening of intending refugees is important, the United States also should make every effort to ensure that its screening, processing, and resettlement of North Korean refugees are as efficient and expeditious as possible;

"(3) the Special Envoy for North Korean Human Rights Issues should be a full-time position within the Department of State in order to properly promote and coordinate North Korean human rights and humanitarian issues, and to participate in policy planning and implementation with respect to refugee issues, as intended by the North Korean Human Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.);

"(4) in an effort to more efficiently and actively participate in humanitarian burden-sharing, the United States should approach our ally, the Republic of Korea, to revisit and explore new opportunities for coordinating efforts to screen and resettle North Koreans who have expressed a wish to pursue resettlement in the United States and have not yet availed themselves of any right to citizenship they may enjoy under the Constitution of the Republic of Korea; and

"(5) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the Government of China to—

"(A) immediately halt its forcible repatriation of North Koreans;

"(B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and

"(C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance."
22 U.S.C. § 4607 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 56: UNITED STATES INSTITUTE OF PEACE / Section 4607: Procedures and records
Procedures and records
Status: in_force

(a) Monitoring and evaluation of programs

The Institute shall monitor and evaluate and provide for independent evaluation if necessary of programs supported in whole or in part under this chapter to ensure that the provisions of this chapter and the bylaws, rules, regulations, and guidelines promulgated pursuant to this chapter are adhered to.

(b) Suspension procedures

The Institute shall prescribe procedures to ensure that grants, contracts, and financial support under this chapter are not suspended unless the grantee, contractor, or person or entity receiving financial support has been given reasonable notice and opportunity to show cause why the action should not be taken.

(c) Selection considerations

In selecting persons to participate in Institute activities, the Institute may consider a person's practical experience or equivalency in peace study and activity as well as other formal requirements.

(d) Accounts of receipts and disbursements; financial reports

The Institute shall keep correct and complete books and records of account, including separate and distinct accounts of receipts and disbursements of Federal funds. The Institute's annual financial report shall identify the use of such funding and shall present a clear description of the full financial situation of the Institute.

(e) Minutes of proceedings

The Institute shall keep minutes of the proceedings of its Board and of any committees having authority under the Board.

(f) Record and inspection of required items

The Institute shall keep a record of the names and addresses of its Board members; copies of this chapter, of any other Acts relating to the Institute, and of all Institute bylaws, rules, regulations, and guidelines; required minutes of proceedings; a record of all applications and proposals and issued or received contracts and grants; and financial records of the Institute. All items required by this subsection may be inspected by any Board member or the member's agent or attorney for any proper purpose at any reasonable time.

(g) Audits

The accounts of the Institute shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the Institute are normally kept. All books, accounts, financial records, files, and other papers, things, and property belonging to or in use by the Institute and necessary to facilitate the audit shall be made available to the person or persons conducting the audit, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

(h) Report of audit to Congress; copies for public

The Institute shall provide a report of the audit to the President and to each House of Congress no later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the Institute's assets and liabilities, surplus or deficit, with reasonable detail, including a statement of the Institute's income and expenses during the year, including a schedule of all contracts and grants requiring payments in excess of $5,000 and any payments of compensation, salaries, or fees at a rate in excess of $5,000 per year. The report shall be produced in sufficient copies for the public.

(i) Freedom of information provisions applicable

The Institute and its directors, officers, employees, and agents shall be subject to the provisions of section 552 of title 5 (relating to freedom of information).

(Pub. L. 98–525, title XVII, §1708, Oct. 19, 1984, 98 Stat. 2657; Pub. L. 108–7, div. G, title V, §515, Feb. 20, 2003, 117 Stat. 345.)

Editorial Notes

Amendments

2003—Subsec. (g). Pub. L. 108–7 struck out "on or before December 31, 1970" after "political subdivision of the United States".

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (h) of this section relating to providing a report of the audit to each House of Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 207 of House Document No. 103–7.