dreamproit/uscode huggingface dataset:
22 U.S.C. § 2679e (FOREIGN RELATIONS AND INTERCOURSE)
§ 2679e. List of certain telecommunications providers
(a) List of covered contractors
Not later than 30 days after December 27, 2021, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list.
(b) Covered contractor defined
In this section, the term “covered contractor” means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against—
(1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or
(2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.
(Pub. L. 117–81, div. E, title LV, § 5502, Dec. 27, 2021, 135 Stat. 2375.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary”, “Department”, and “appropriate congressional committees” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
Pub. L. 117–81, div. E, title LV, § 5501, Dec. 27, 2021, 135 Stat. 2375, provided that:
“In this title [enacting this section and amending sections 4352 and 4354 of this title]:
“(1) Intelligence community.—
The term ‘intelligence community’ has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
“(2) Relevant congressional committees.—
The term ‘relevant congressional committees’ means—
“(A) the appropriate congressional committees;
“(B) the Select Committee on Intelligence of the Senate; and
“(C) the Permanent Select Committee on Intelligence of the House of Representatives.”
22 U.S.C. § 2732a (FOREIGN RELATIONS AND INTERCOURSE)
§ 2732a. Avoiding duplication of programs and efforts
The Secretary shall—
(1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and
(2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping.
(Pub. L. 117–81, div. E, title LVI, § 5602, Dec. 27, 2021, 135 Stat. 2377.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary” and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
Pub. L. 117–81, div. E, title LVI, § 5607, Dec. 27, 2021, 135 Stat. 2380, provided that:
“In this title [enacting this section and section 2732b of this title, amending section 6553 of this title, and enacting provisions set out as notes under sections 1475g and 2651 of this title]:
“(1) Audience research.—
The term ‘audience research’ means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments.
“(2) Digital analytics.—
The term ‘digital analytics’ means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign.
“(3) Impact evaluation.—
The term ‘impact evaluation’ means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign.
“(4) Public diplomacy bureaus and offices.—
The term ‘public diplomacy bureaus and offices’ means, with respect to the Department, the following:
“(A) The Bureau of Educational and Cultural Affairs.
“(B) The Bureau of Global Public Affairs.
“(C) The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs.
“(D) The Global Engagement Center.
“(E) The public diplomacy functions within the regional and functional bureaus.”
22 U.S.C. § 2734c (FOREIGN RELATIONS AND INTERCOURSE)
§ 2734c. Employee assignment restrictions
(a) Appeal of assignment restriction
The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion. Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.
(b) Certification
Upon full implementation of a right and process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the appropriate congressional committee 1 a report that—
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years.
(c) Notice
The Secretary shall—
(1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
(2) include a reference to such publication in the report required under subsection (b).
(Pub. L. 114–323, title IV, § 414, Dec. 16, 2016, 130 Stat. 1932; Pub. L. 117–81, div. E, title LIII, § 5311(b), Dec. 27, 2021, 135 Stat. 2364.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 414 of Pub. L. 114–323. Subsec. (d) of section 414 of Pub. L. 114–323 amended section 3982 of this title.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 117–81 inserted at end “Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.”
heading: Statutory Notes and Related Subsidiaries
heading: Notice and Certification
text: Pub. L. 117–81, div. E, title LIII, § 5311(c), Dec. 27, 2021, 135 Stat. 2364, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee.”
[For definitions of “Secretary” and “appropriate congressional committees” as used in section 5311(c) of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
heading: Definitions
text: For definitions of “Secretary”, “Department”, and “appropriate congressional committee[s]” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 2734e (FOREIGN RELATIONS AND INTERCOURSE)
§ 2734e. Annual Report
Not later than 90 days after December 27, 2021, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following:
(1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process.
(2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by—
(A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status;
(B) the ethnicity, national origin, and race of the precluded employee;
(C) gender; and
(D) the country of restriction.
(3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted.
(4) The number of restrictions that were appealed and the success rate of such appeals.
(5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees.
(6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results.
(Pub. L. 117–81, div. E, title LIII, § 5311(d), Dec. 27, 2021, 135 Stat. 2364.)
22 U.S.C. § 2734f (FOREIGN RELATIONS AND INTERCOURSE)
§ 2734f. Strategic staffing plan for the Department of State
(a) In general
Not later than 18 months after December 27, 2021, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after December 27, 2021, which shall include the following:
(1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by—
(A) Foreign Service officer and Foreign Service specialist rank;
(B) civil service job skill code, grade level, and bureau of assignment;
(C) contracted employees, including the equivalent job skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations.
(b) Maintenance
The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis.
(c) Consultation
The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce.
(d) Report
Not later than 120 days December 27, 2021, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220.
(Pub. L. 117–81, div. E, title LIII, § 5313, Dec. 27, 2021, 135 Stat. 2365.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary”, “appropriate congressional committees”, and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
22 U.S.C. § 2736a (FOREIGN RELATIONS AND INTERCOURSE)
§ 2736a. Recruitment and retention
(a) In general
The Secretary shall—
(1) continue to seek a diverse and talented pool of applicants; and
(2) instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations.
(b) Scope
The diversity recruitment initiatives described in subsection (a) shall include—
(1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
(2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.
(c) Expand training on anti-harassment and anti-discrimination
(1) In general
The Secretary shall, through the Foreign Service Institute and other educational and training opportunities—
(A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for—
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis.
(2) Best practices
The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection.
(Pub. L. 117–81, div. E, title LIV, § 5403, Dec. 27, 2021, 135 Stat. 2372.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary” and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
For definitions of “diversity” and “workforce” as used in this section, see section 5401 of Pub. L. 117–81, set out as a note under section 2736 of this title.
22 U.S.C. § 2736b (FOREIGN RELATIONS AND INTERCOURSE)
§ 2736b. Leadership engagement and accountability
(a) Reward and recognize efforts to promote diversity and inclusion
(1) In general
The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities.
(2) Outreach events
The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups.
(b) External advisory committees and boards
For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization.
(Pub. L. 117–81, div. E, title LIV, § 5404, Dec. 27, 2021, 135 Stat. 2373.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary” and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
For definitions of “diversity” and “workforce” as used in this section, see section 5401 of Pub. L. 117–81, set out as a note under section 2736 of this title.
22 U.S.C. § 2736c (FOREIGN RELATIONS AND INTERCOURSE)
§ 2736c. Professional development opportunities and tools
(a) Expand provision of professional development and career advancement opportunities
(1) In general
The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as—
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in—
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions
(A) In general
The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department.
(B) Requirements
In determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall—
(i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;
(iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and
(iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.
(Pub. L. 117–81, div. E, title LIV, § 5405, Dec. 27, 2021, 135 Stat. 2373.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary” and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
22 U.S.C. § 2736d (FOREIGN RELATIONS AND INTERCOURSE)
§ 2736d. Payne fellowship authorization
(a) In general
Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds.
(b) Review of past programs
The Secretary shall review past programs designed to increase minority representation in international affairs positions.
(Pub. L. 117–81, div. E, title LIV, § 5407, Dec. 27, 2021, 135 Stat. 2374.)
heading: Statutory Notes and Related Subsidiaries
heading: Definition
text: For definition of “Secretary” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
22 U.S.C. § 2736e (FOREIGN RELATIONS AND INTERCOURSE)
§ 2736e. Voluntary participation
(a) In general
Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary.
(b) Privacy protection
Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
(Pub. L. 117–81, div. E, title LIV, § 5408, Dec. 27, 2021, 135 Stat. 2375.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in text, is title LIV (§§ 5401–5408) of div. E of Pub. L. 117–81, which enacted this section and sections 2736 to 2736d of this title, amended section 3941 of this title, and enacted provisions set out as a note under section 2736 of this title. For complete classification of title LIV to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Definition
text: For definition of “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
22 U.S.C. § 3005 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3005. Repealed. Pub. L. 117–81, div. E, title LI, § 5114(b)(5), Dec. 27, 2021, 135 Stat. 2352
text: Section, Pub. L. 94–304, § 5, June 3, 1976, 90 Stat. 661; Pub. L. 102–138, title I, § 171, Oct. 28, 1991, 105 Stat. 679; Pub. L. 107–228, div. A, title II, § 226, Sept. 30, 2002, 116 Stat. 1369, required Secretary of State to submit annual report relating to Commission on Security and Cooperation in Europe.
heading: Executive Documents
heading: Delegation of Functions
text: Memorandum of President of the United States, Feb. 10, 1992, 57 F.R. 5367, provided:
Memorandum for the Honorable James A. Baker, III, the Secretary of State
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you the functions vested in me by section 5 of Public Law 94–304 (22 U.S.C. 3005). The authority delegated by this memorandum may be further delegated within the Department of State.
You are authorized and directed to publish this memorandum in the Federal Register.
George Bush.