22 U.S.C. § 2651a (FOREIGN RELATIONS AND INTERCOURSE)
§ 2651a. Organization of Department of State
(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 the date that is two years after 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.
(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.)
heading: Editorial Notes
heading: References in Text
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 is classified principally to chapter 110 (§ 10301 et seq.) of this title. Section 9501 of the Department of State Authorization Act of 2022 is classified to section 10301 of this title. For complete classification of title XCV to the Code, see Tables.
heading: Codification
text: 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.
heading: Amendments
text: 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).
Subseca. (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).
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”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: 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.
heading: Effective Date of 2012 Amendment
text: 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.
heading: Effective Date of 1998 Amendment
text: 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.
heading: Effective Date of 1994 Amendment
text: 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.”
heading: Effective Date of 1982 Amendment
text: 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.
heading: Provision of Parking Services and Retention of Parking Fees
text: 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.”
heading: Waiver Authority for Individual Occupational Requirements of Certain Positions
text: 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.”
heading: Sanctions Policy Coordination with Allies and Partners of United States
text: 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, and the Committee on Way [sic] and Means of the House of Representatives.”
heading: Additional Paid Leave To Address Employee Hardships Resulting From Coronavirus
text: 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.]
heading: Oaths of Office Administered Remotely
text: 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.”
heading: Coordinator of United States Government Activities Providing Basic Education Assistance in Developing Countries
text: 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].”
]
heading: Advisor for Activities Relating to Indigenous Peoples Internationally
text: 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.”
heading: Consultation
text: 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.”
heading: Office of the Coordinator for Reconstruction and Stabilization
text: 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).”
heading: Comprehensive Workforce Plan
text: 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).”
heading: Report Concerning Minority Employment
text: 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.
heading: Use of Funds Authorized for Minority Recruitment
text: 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].”
heading: State Department Official for Northeastern Europe
text: 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.”
heading: Science and Technology Adviser to Secretary of State
text: 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.”
heading: Transition; Reappointment of Officers Holding Office as of April 30, 1994, Not Required
text: 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.]
heading: 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
text: 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.”
heading: Office of Coordinator for Counterterrorism
text: 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.
heading: Deputy Assistant Secretary for Burdensharing
text: 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.
heading: Definitions
text: 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.
heading: Executive Documents
heading: Authorization To Redelegate Certain Responsibilities Vested in the President and Delegated to the Secretary of State
text: 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.]