Editorial Notes
References in Text
This Act, referred to in subsecs. (a)(1) and (f)(2)(C)(iv), is act Aug. 1, 1956, ch. 841, 70 Stat. 890, known as the State Department Basic Authorities Act of 1956. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables.
Executive Order 12333, referred to in subsec. (c)(3)(D), is Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note under section 3001 of Title 50, War and National Defense.
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, referred to in subsec. (f)(2)(B)(i), is Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which enacted chapter 83 and sections 262p–8 and 2151b–2 to 2151b–4 of this title, amended this section, sections 2151b and 2222 of this title, and section 242l of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 7601 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables.
Title V of the Department of State Authorization Act of 2022, referred to in subsec. (i)(2)(B)(v), (xiv), probably means title XCV of div. I of Pub. L. 117–263. Div. I of Pub. L. 117–263 is the Department of State Authorization Act of 2022. Title XCV of div. I, relating to Information Security and Cyber Diplomacy, is classified principally to chapter 110 (§ 10301 et seq.) of this title. For complete classification of title XCV to the Code, see Tables.
Section 238(g) of the National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (n)(5), probably means section 238(g) of Pub. L. 115–232, known as the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which is set out as a note preceding section 4061 of Title 10, Armed Forces.
Amendments
2023—Subsec. (n). Pub. L. 118–31, § 6303, added subsec. (n).
Subsec. (o). Pub. L. 118–31, § 6405(b), added subsec. (o).
2022—Subsec. (b)(3)(F). Pub. L. 117–263, § 9602(a), added subpar. (F).
Subsec. (h). Pub. L. 117–263, § 9502(a)(2), redesignated subsec. (h) relating to Office of Sanctions Coordination as (l).
Subsec. (i). Pub. L. 117–263, § 9502(a)(3), added subsec. (i). Former subsec. (i) redesignated (j).
Subsecs. (j), (k). Pub. L. 117–263, § 9502(a)(1), redesignated subsecs. (i) and (j) as (j) and (k), respectively.
Subsec. (l). Pub. L. 117–263, § 9502(a)(2), redesignated subsec. (h) relating to Office of Sanctions Coordination as (l).
Subsec. (l)(4)(B). Pub. L. 117–263, § 9107(a), substituted “December 31, 2024” for “the date that is two years after December 27, 2020”.
Subsec. (m). Pub. L. 117–263, § 9215(b), added subsec. (m).
2021—Subsec. (c)(3) to (5). Pub. L. 117–81, § 5102(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsec. (g). Pub. L. 117–81, § 5103(2), added subsec. (g). Former subsec. (g) redesignated (j).
Subsec. (h). Pub. L. 117–81, § 5103(2), added subsec. (h) relating to Bureau of Population, Refugees, and Migration.
Subsec. (i). Pub. L. 117–81, § 5105, added subsec. (i).
Subsec. (j). Pub. L. 117–81, § 5103(1), redesignated subsec. (g) as (j).
2020—Subsec. (c)(3)(C). Pub. L. 116–260, § 361(a)(2), added subpar. (C).
Subsec. (h). Pub. L. 116–260, § 361(a)(1), added subsec. (h) relating to Office of Sanctions Coordination.
2019—Subsec. (c)(3), (4). Pub. L. 116–94 added par. (3) and redesignated former par. (3) as (4).
2012—Subsec. (c)(1). Pub. L. 112–166 struck out “, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and” after “Secretaries of State” and inserted at end “Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.”
2008—Subsec. (f)(2)(A). Pub. L. 110–293, § 102(1), which directed insertion of “, partner country finance, health, and other relevant ministries,” after “community based organizations)” wherever appearing, was executed by making the insertion after “community-based organizations)” in introductory provisions and in cl. (iii), to reflect the probable intent of Congress.
Subsec. (f)(2)(B)(ii)(IV), (V). Pub. L. 110–293, § 102(2)(A), (B), added subcls. (IV) and (V) and struck out former subcls. (IV) and (V) which read as follows:
“(IV) Ensuring coordination of relevant executive branch agency activities in the field.
“(V) Pursuing coordination with other countries and international organizations.”
Subsec. (f)(2)(B)(ii)(VII), (VIII). Pub. L. 110–293, § 102(2)(D), added subcls. (VII) and (VIII). Former subcls. (VII) and (VIII) redesignated (IX) and (XII), respectively.
Subsec. (f)(2)(B)(ii)(IX). Pub. L. 110–293, § 102(2)(E), inserted “Vietnam,” after “Uganda,” and “, and other countries in which the United States is implementing HIV/AIDS programs as part of its foreign assistance program” after “May 27, 2003” and inserted at end “In designating additional countries under this subparagraph, the President shall give priority to those countries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general population and inadequate financial means within the country.”
Pub. L. 110–293, § 102(2)(C), redesignated subcl. (VII) as (IX).
Subsec. (f)(2)(B)(ii)(X), (XI). Pub. L. 110–293, § 102(2)(F), added subcls. (X) and (XI).
Subsec. (f)(2)(B)(ii)(XII). Pub. L. 110–293, § 102(2)(G), substituted “funds appropriated for HIV/AIDS assistance pursuant to the authorization of appropriations under section 7671 of this title” for “funds section”.
Pub. L. 110–293, § 102(2)(C), redesignated subcl. (VIII) as (XII).
Subsec. (f)(2)(B)(ii)(XIII). Pub. L. 110–293, § 102(2)(H), added subcl. (XIII).
2004—Subsec. (b)(3). Pub. L. 108–458 inserted “The Under Secretary for Public Diplomacy shall—” at end and added subpars. (A) to (E).
2003—Subsecs. (f), (g). Pub. L. 108–25 added subsec. (f) and redesignated former subsec. (f) as (g).
2002—Subsecs. (f), (g). Pub. L. 107–228 added subsec. (f) and struck out former subsecs. (f) and (g), which related to the qualifications of officers having primary responsibility for personnel management and for diplomatic security.
2000—Subsec. (a)(2). Pub. L. 106–553 substituted “, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources” for “and the Deputy Secretary of State”.
1998—Subsec. (b). Pub. L. 105–277, § 1213, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (b)(1). Pub. L. 105–277, § 2305(a)(1), substituted “6 Under Secretaries” for “5 Under Secretaries”.
Subsec. (b)(3). Pub. L. 105–277, § 1313, added par. (3).
Subsec. (b)(4). Pub. L. 105–277, § 2306(a), added par. (4).
Subsec. (c)(1). Pub. L. 105–277, § 2305(b)(1), substituted “24” for “20”.
Subsec. (c)(3). Pub. L. 105–277, § 2306(b), added par. (3).
Subsec. (d). Pub. L. 105–277, § 2305(c), redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: “There shall be in the Department of State not more than 66 Deputy Assistant Secretaries of State.”
Subsec. (e). Pub. L. 105–277, § 2305(c)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 105–277, § 2305(c)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Pub. L. 105–277, § 2301(a), added subsec. (f).
Subsec. (g). Pub. L. 105–277, § 2305(c)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Pub. L. 105–277, § 2303, added subsec. (g).
Subsec. (h). Pub. L. 105–277, § 2305(c)(2), redesignated subsec. (h) as (g).
Pub. L. 105–277, § 2304, added subsec. (h).
1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “The Secretary of State is authorized to establish, maintain, and operate passport and despatch agencies.”
Subsec. (a)(2). Pub. L. 103–415 inserted “and the Deputy Secretary of State” after “Secretary”.
1982—Pub. L. 97–241 substituted “The Secretary” for “That the Secretary”.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1994 Amendment
Pub. L. 103–236, title I, § 161(b), Apr. 30, 1994, 108 Stat. 404, as amended by Pub. L. 103–415, § 1(f)(2), Oct. 25, 1994, 108 Stat. 4300, provided that:
“The amendments made by this section and section 162 [amending this section, sections
2151n,
2304,
2314,
2349aa–2,
2384,
2652b,
2655a,
2669,
2670,
2707,
2755,
4302 to
4305,
4308,
4801,
4802,
4806,
4821 to
4823, and
4852 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 1101, 1104, 1105, and 1521 to 1523 of Title 8, Aliens and Nationality, repealing sections
811a,
2652,
2652a,
2653 to
2655,
2658,
4803, and
4804 of this title and
section 1525 of Title 8, and amending provisions set out as a note under
section 113 of Title 10, Armed Forces] shall apply with respect to officials, offices, and bureaus of the
Department of State when executive orders, regulations, or departmental directives implementing such amendments become effective, or 90 days after the date of enactment of this Act [
Apr. 30, 1994], whichever comes earlier.”
Special Hiring Authority
Pub. L. 118–31, div. F, title LXII, § 6202(c), Dec. 22, 2023, 137 Stat. 972, provided that:
“For an initial period of not more than 3 years after the date of the enactment of this division [Dec. 22, 2023], the Secretary [of State] may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, up to 80 candidates directly to positions in the competitive service at the Department [of State], as defined in section 2102 of that title, in the following occupational series: 25 candidates under 1560 Data Science, 25 candidates under 2210 Information Technology Management, and 30 candidates under 0201 Human Resources Management.”
Extending Paths to Service for Paid Student Interns
Pub. L. 118–31, div. F, title LXII, § 6203(a), Dec. 22, 2023, 137 Stat. 972, provided that:
“
In General.—For up to 2 years following the end of a compensated internship at the Department [of State], the Department may offer employment to up to 25 such interns and appoint them directly to positions in the competitive service, as defined in
section 2102 of title 5, United States Code, without regard to the provisions of sections 3309 through 3318 of such title.”
Establishment and Expansion of the Bureau Chief Data Officer Program
Pub. L. 118–31, div. F, title LXIII, § 6302, Dec. 22, 2023, 137 Stat. 985, provided that:
“(a) Bureau Chief Data Officer Program.—
“(1) Establishment.—
The Secretary [of State] shall establish a program, which shall be known as the ‘Bureau Chief Data Officer Program’ (referred to in this section as the ‘Program’), overseen by the Department [of State]’s Chief Data Officer. The Bureau Chief Data Officers hired under this program shall report to their respective Bureau leadership.
“(2) Goals.—The goals of the Program shall include the following:
“(A)
Cultivating a data culture by promoting data fluency and data collaboration across the Department.
“(B)
Promoting increased data analytics use in critical decisionmaking areas.
“(C)
Promoting data integration and standardization.
“(D)
Increasing efficiencies across the Department by incentivizing acquisition of enterprise data solutions and subscription data services to be shared across bureaus and offices and within bureaus.
“(b) Implementation Plan.—
“(1) In general.—Not later than 180 days after the date of the enactment of this division [Dec. 22, 2023], the Secretary shall submit to the appropriate committees of Congress an implementation plan that outlines strategies for—
“(A)
advancing the goals described in subsection (a)(2);
“(B)
hiring Bureau Chief Data Officers at the GS–14 or GS–15 grade or a similar rank;
“(C)
assigning at least one Bureau Chief Data Officer to each bureau of the Department; and
“(D)
allocation of necessary resources to sustain the Program.
“(2) Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—
“(A)
the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives];
“(B)
the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
“(C)
the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives.
“(c) Assignment.—
In implementing the Bureau Chief Data Officer Program, bureaus may not dual-hat currently employed personnel as Bureau Chief Data Officers.
“(d) Annual Reporting Requirement.—
Not later than 180 days after the date of the enactment of this division, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees regarding the status of the implementation plan required under subsection (b).”
Implementation of GAO High Risk List Recommendations
Pub. L. 118–31, div. F, title LXIII, § 6309, Dec. 22, 2023, 137 Stat. 994, provided that:
“(a) In General.—The Secretary [of State] shall implement the Government Accountability Office’s High Risk List recommendations as applicable to the Department [of State] for the following activities:
“(1)
Improving the management of IT acquisitions and operations.
“(2)
Improving strategic human capital management.
“(3)
Managing Federal real property.
“(4)
Ensuring the cybersecurity of the nation.
“(5)
Managing government-wide personnel security clearance process.
“(b) Report.—
Not later than 90 days after the date of the enactment of this division [Dec. 22, 2023], the Secretary shall submit to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] a report on the Department’s progress in implementing all of the Government Accountability Office’s High Risk List recommendations as applicable to the Department described in subsection (a).
“(c) High Risk List Defined.—
In this section, the term ‘High Risk List’ refers to GAO–23–106203, the April 20, 2023, report by the Government Accountability Office titled, ‘High-Risk Series: Efforts Made to Achieve Progress Need to Be Maintained and Expanded to Fully Address All Areas’.”
Special Envoy to the Pacific Islands Forum
Pub. L. 118–31, div. F, title LXIV, § 6405(a), Dec. 22, 2023, 137 Stat. 998, provided that:
“(a) Sense of Congress.—It is the sense of Congress that—
“(1)
the United States must increase its diplomatic activity and presence in the Pacific, particularly among Pacific Island nations; and
“(2) the Special Envoy to the Pacific Islands Forum—
“(A)
should advance the United States partnership with Pacific Island Forum nations and with the organization itself on key issues of importance to the Pacific region; and
“(B)
should coordinate policies across the Pacific region with like-minded democracies.”
Establishment of Fiscal Responsibility Award
Pub. L. 118–31, div. F, title LXIV, § 6410, Dec. 22, 2023, 137 Stat. 1006, provided that:
“The Under Secretary of State for Management shall establish, in consultation with the Director of the Budget and Planning Bureau and the Director of Global Talent, an annual departmental award for any exemplary employee who recommends, identifies, or adopts significant cost-saving measures for program implementation or through the reallocation of resources.”
Notification of Revocation of Clearances
Pub. L. 118–31, div. F, title LXVII, § 6710, Dec. 22, 2023, 137 Stat. 1020, provided that:
“(a) In General.—With respect to any covered official whose security clearance is suspended or revoked, the Secretary [of State] shall—
“(1)
submit to the Chair and Ranking Member of the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives a notification not later than 15 days after the suspension or revocation of such clearance; and
“(2)
brief the Chair and Ranking Member of the appropriate congressional committees, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives not later than 30 days after such suspension or revocation on the present employment status of such individual and whether the job duties of such individual have changed since such suspension or revocation.
“(b) Form.—
The notification and briefing required by subsection (a) may be provided in classified form, if necessary.
“(c) Covered Official Defined.—For purposes of this section, the term ‘covered official’ means any of the following:
“(1)
Any individual holding a position at or higher than the level of Assistant Secretary or its equivalent in the Department of State.
“(2)
Any individual holding the position of chief of mission or principal officer at any diplomatic or consular post.
“(3)
Any individual holding the rank and status of an ambassador or otherwise holding a position that reports directly to the Secretary, such as a special envoy.
“(d) Sunset.—
This section shall terminate not later than three years after the date of the enactment of this division [Dec. 22, 2023].”
Provision of Parking Services and Retention of Parking Fees
Pub. L. 117–263, div. I, title XCVII, § 9712, Dec. 23, 2022, 136 Stat. 3920, provided that:
“The Secretary of State may—
“(1)
provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department [of State]; and
“(2)
charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account, provided that the fees shall not exceed the cost of the providing such services.”
Waiver Authority for Individual Occupational Requirements of Certain Positions
Pub. L. 117–81, div. E, title LIII, § 5319, Dec. 27, 2021, 135 Stat. 2368, provided that:
“The Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements.”
Sanctions Policy Coordination with Allies and Partners of United States
Pub. L. 116–260, div. FF, title III, § 361(b)–(d), Dec. 27, 2020, 134 Stat. 3132, 3133, provided that:
“(b) Coordination With Allies and Partners of the United States.—
“(1) In general.—
The Secretary of State shall develop and implement mechanisms and programs, as appropriate, through the head of the Office of Sanctions Coordination established pursuant to subsection (h) of section 1 of the
State Department Basic Authorities Act of 1956 [now
22 U.S.C. 2651a(l)], as added by subsection (a)(1), to coordinate the development and implementation of United States sanctions policies with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea.
“(2) Information sharing.—
The Secretary should pursue the development and implementation of mechanisms and programs under paragraph (1), as appropriate, that involve the sharing of information with respect to policy development and sanctions implementation.
“(3) Capacity building.—
The Secretary should pursue efforts, in coordination with the Secretary of the Treasury and the head of any other Federal agency the Secretary considers appropriate, to assist allies and partners of the United States, including the countries specified in paragraph (1), as appropriate, in the development of their legal and technical capacities to develop and implement sanctions authorities.
“(4) Exchange programs.—
In furtherance of the efforts described in paragraph (3), the Secretary, in coordination with the Secretary of the Treasury and the head of any other Federal agency the Secretary considers appropriate, may enter into agreements with counterpart agencies in foreign governments establishing exchange programs for the temporary detail of Federal Government employees to share information and expertise with respect to the development and implementation of sanctions authorities.
“(5) Briefing required.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2020] and every 180 days thereafter until the date that is five years after such date of enactment, the Secretary of State shall brief the appropriate congressional committees on the efforts of the Department of State to implement this section, including a description of—
“(A)
measures taken to implement paragraph (1);
“(B)
actions taken pursuant to paragraphs (2) through (4);
“(C)
the extent of coordination between the United States and allies and partners of the United States, including the countries specified in paragraph (1), with respect to the development and implementation of sanctions policy; and
“(D)
obstacles preventing closer coordination between the United States and such allies and partners with respect to the development and implementation of sanctions policy.
“(c) Sense of Congress.—
It is the sense of the
Congress that the President should appoint a
coordinator for sanctions and national economic security issues within the framework of the
National Security Council.
“(d) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and
“(2)
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Oversight and Reform [now Committee on Oversight and Accountability], and the Committee on Way [sic] and Means of the House of Representatives.”
Additional Paid Leave To Address Employee Hardships Resulting From Coronavirus
Pub. L. 116–136, div. B, title XI, § 21007, Mar. 27, 2020, 134 Stat. 592, provided that:
“Notwithstanding any other provision of law, and in addition to leave authorized under any other provision of law, the Secretary of State and the Administrator of the United States Agency for International Development may, in order to prevent, prepare for, and respond to coronavirus, provide additional paid leave to address employee hardships resulting from coronavirus: Provided, That this authority shall apply to leave taken since January 29, 2020, and may be provided abroad and domestically: Provided further, That the Secretary and the Administrator shall consult with the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives prior to implementation of such authority: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2022.”
[For definition of “coronavirus” as used in section 21007 of Pub. L. 116–136, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]
Oaths of Office Administered Remotely
Pub. L. 116–136, div. B, title XI, § 21011, Mar. 27, 2020, 134 Stat. 593, provided that:
“Notwithstanding any other provision of law, the Secretary of State and the Administrator of the United States Agency for International Development may authorize any oath of office required by law to, in particular circumstances that could otherwise pose health risks, be administered remotely, subject to appropriate verification: Provided, That prior to initially exercising the authority of this section, the Secretary and the Administrator shall each submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives describing the process and procedures for administering such oaths, including appropriate verification: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2021.”
Coordinator of United States Government Activities Providing Basic Education Assistance in Developing Countries
Pub. L. 112–74, div. I, title VII, § 7034(q)(2), Dec. 23, 2011, 125 Stat. 1217, provided that:
“The position of
Coordinator established pursuant to section 664 of division J of
Public Law 110–161 [set out below] shall, within 45 days of enactment of this Act [
Dec. 23, 2011] and notwithstanding the requirements of such section, be moved to the
United States Agency for International Development (USAID):
Provided, That the
Coordinator shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator:
Provided further, That the responsibilities of the
Coordinator enumerated in the first sentence of
section 664(c) shall remain in full force and effect:
Provided further, That the limitation in the second sentence of such section shall hereafter no longer apply to the
Coordinator.”
Pub. L. 110–161, div. J, title VI, § 664(b), (c), Dec. 26, 2007, 121 Stat. 2349, provided that:
“(b) Coordinator.—
There shall be established within the
Department of State in the immediate office of the Director of United States Foreign Assistance, a
Coordinator of United States Government activities to provide basic education assistance in developing countries (hereinafter in this section referred to as the
‘Coordinator’).
“(c) Responsibilities.—
That [sic] the
Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government that provide assistance in developing countries for basic education. The individual serving as the
Coordinator may not hold any other position in the Federal Government during the individual’s time of service as
Coordinator.”
[Pub. L. 111–117, div. F, title VII, § 7064(a)(2), Dec. 16, 2009, 123 Stat. 3383, provided that:
“There shall continue to be a
Coordinator of United States Government Actions to Provide Basic Education Assistance in developing countries as established in section 664 of division J of
Public Law 110–161 [set out above].”
]
[Pub. L. 111–8, div. H, title VII, § 7064(a)(2), Mar. 11, 2009, 123 Stat. 899, provided that:
“There shall continue to be a
Coordinator of United States government actions to provide basic education assistance in developing countries as established in section 664 of division J of
Public Law 110–161 [set out above].”
]
Advisor for Activities Relating to Indigenous Peoples Internationally
Pub. L. 112–74, div. I, title VII, § 7034(q)(1), Dec. 23, 2011, 125 Stat. 1217, provided that:
“The position of Advisor established pursuant to section 699B of division J of
Public Law 110–161 [set out below] shall, within 45 days of enactment of this Act [
Dec. 23, 2011] and notwithstanding the requirements of such section, be moved to the
United States Agency for International Development (USAID):
Provided, That the Advisor shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator:
Provided further, That the responsibilities of the Advisor enumerated in section 699B(b) shall remain in full force and effect.”
Pub. L. 110–161, div. J, title VI, § 699B, Dec. 26, 2007, 121 Stat. 2369, provided that:
“(a) Advisor.—
After consultation with the Committees on Appropriations and not later than 90 days after the enactment of this Act [Dec. 26, 2007], there shall be established within the Department of State in the immediate office of the Director of United States Foreign Assistance an Advisor for Activities Relating to Indigenous Peoples Internationally (hereinafter in this section referred to as the ‘Advisor’), who shall be appointed by the Director. The Advisor shall report directly to the Director.
“(b) Responsibilities.—The Advisor shall:
“(1)
Advise the Director of United States Foreign Assistance and the Administrator of the United States Agency for International Development on matters relating to the rights and needs of indigenous peoples internationally and should represent the United States Government on such matters in meetings with foreign governments and multilateral institutions.
“(2)
Provide for the oversight and coordination of all resources, programs, projects, and activities of the United States Government to protect the rights and address the needs of indigenous peoples internationally.
“(3)
Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments (including support for local indigenous peoples’ organizations).
“(c) Funds.—
Of the funds appropriated by this Act under the heading ‘Diplomatic and Consular Programs’ [
121 Stat. 2277], not less than $250,000 shall be made available for implementing the provisions of this section.
“(d) Report.—
Not later than one year after the enactment of this Act [Dec. 26, 2007], the Secretary shall submit a report to the Committees on Appropriations describing progress made in implementing this section.”
Consultation
Pub. L. 108–458, title VII, § 7109(b)(2), Dec. 17, 2004, 118 Stat. 3793, provided that:
“The Under Secretary of State for Public Diplomacy, in carrying out the responsibilities described in section 1(b)(3) of such Act [
22 U.S.C. 2651a(b)(3)] (as amended by paragraph (1)), shall consult with public diplomacy officers operating at United States overseas posts and in the regional bureaus of the
Department of State.”
Office of the Coordinator for Reconstruction and Stabilization
Pub. L. 108–447, div. B, title IV, § 408, Dec. 8, 2004, 118 Stat. 2904, provided that:
“There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization: Provided, That the head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall report directly to the Secretary of State: Provided further, That the functions of the Office of the Coordinator for Reconstruction and Stabilization shall include—
“(1)
cataloguing and monitoring the non-military resources and capabilities of Executive agencies (as that term is defined in
section 105 of title 5, United States Code), State and local governments, and entities in the private and non-profit sectors that are available to address crises in countries or regions that are in, or are in transition from, conflict or civil strife;
“(2)
monitoring political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for countries or regions described in paragraph (1);
“(3)
assessing crises in countries or regions described in paragraph (1) and determining the appropriate non-military United States, including but not limited to demobilization, policing, human rights monitoring, and public information efforts;
“(4)
planning for response efforts under paragraph (3);
“(5)
coordinating with relevant Executive agencies the development of interagency contingency plans for such response efforts; and
“(6)
coordinating the training of civilian personnel to perform stabilization and reconstruction activities in response to crises in such countries or regions described in paragraph (1).”
Comprehensive Workforce Plan
Pub. L. 107–228, div. A, title III, § 301, Sept. 30, 2002, 116 Stat. 1376, required the Secretary of State to submit to the appropriate congressional committees, not later than 180 days after Sept. 30, 2002, a comprehensive workforce plan for the Department of State for the fiscal years 2003 through 2007, considering personnel needs in both the Civil Service and the Foreign Service and expected domestic and overseas personnel allocations.
“Rightsizing” Overseas Posts
Pub. L. 107–228, div. A, title III, § 302, Sept. 30, 2002, 116 Stat. 1376, provided that:
“(a) ‘Rightsizing’ at the Department of State.—
“(1) In general.—
The Secretary shall establish a task force within the Department on the issue of ‘rightsizing’ overseas posts.
“(2) Preliminary report.—Not later than 120 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a report that outlines the status, plans, and activities of the task force. In addition to such other information as the Secretary considers appropriate, the report shall include the following:
“(A)
The objectives of the task force.
“(B)
Measures for achieving the objectives under subparagraph (A).
“(C)
Identification of the official of the Department with primary responsibility for the issue of ‘rightsizing’.
“(D)
The plans of the Department for the reallocation of staff and resources based on changing needs at overseas posts and in the metropolitan Washington, D.C., area.
“(3) Report.—
Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report reviewing the activities and progress of the task force established under paragraph (1).
“(b) Interagency Working Group.—
“(1) Establishment.—
The Secretary shall establish an interagency working group on the issue of ‘rightsizing’ the overseas presence of the United States Government.
“(2) Preliminary report.—Not later than 120 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a report which outlines the status, plans, and activities of the interagency working group. In addition to such other information as the Secretary considers appropriate, the report shall include the following:
“(A)
The objectives of the working group.
“(B)
Measures for achieving the objectives under subparagraph (A).
“(C)
Identification of the official of each agency with primary responsibility for the issue of ‘rightsizing’.
“(3) Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report reviewing the activities and progress of the working group established under paragraph (1).”
Report Concerning Minority Employment
Pub. L. 107–228, div. A, title III, § 324, Sept. 30, 2002, 116 Stat. 1385, required the Secretary of State, on Apr. 1 of 2003 and 2004, to submit a comprehensive report to Congress, with respect to the preceding calendar year, concerning the employment of members of minority groups at the Department, including the Civil Service and the Foreign Service.
Use of Funds Authorized for Minority Recruitment
Pub. L. 107–228, div. A, title III, § 325, Sept. 30, 2002, 116 Stat. 1386, provided that:
“(a) Conduct of Recruitment Activities.—
“(1) In general.—
Amounts authorized to be appropriated for minority recruitment under
section 111(1)(D) [probably means
section 111(a)(1)(D) of Pub. L. 107–228,
116 Stat. 1356] shall be used only for activities directly related to minority recruitment, such as recruitment materials designed to target members of minority groups and the travel expenses of recruitment trips to colleges, universities, and other institutions or locations.
“(2) Limitation.—
Amounts authorized to be appropriated for minority recruitment under section 111(1)(D) may not be used to pay salaries of employees of the Department.
“(b) Recruitment Activities at Academic Institutions.—
The Secretary shall expand the recruitment efforts of the Department to include not less than 25 percent of the part B institutions (as defined under section 322 of the
Higher Education Act of 1965 [
20 U.S.C. 1061]) in the United States and not less than 25 percent of the Hispanic-serving institutions (as defined in section 502(a)(5) of such Act [
20 U.S.C. 1101a(a)(5)]) in the United States.
“(c) Evaluation of Recruitment Efforts.—
The Secretary shall establish a database relating to efforts to recruit members of minority groups into the Foreign Service and the Civil Service and shall report to the appropriate congressional committees on the evaluation of efforts to recruit such individuals, including an analysis of the information collected in the database created under this subsection. Such report shall be included in each of the two reports required under
section 324 [set out as a note above].”
Science and Technology Adviser to Secretary of State
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 303], Nov. 29, 1999, 113 Stat. 1536, 1501A–434, provided that:
“(a) Designation.—
The Secretary of State shall designate a senior-level official of the Department of State as the Science and Technology Adviser to the Secretary of State (in this section referred to as the ‘Adviser’). The Adviser shall have substantial experience in the area of science and technology. The Adviser shall report to the Secretary of State through the appropriate Under Secretary of State.
“(b) Duties.—The Adviser shall—
“(1)
advise the Secretary of State, through the appropriate Under Secretary of State, on international science and technology matters affecting the foreign policy of the United States; and
“(2)
perform such duties, exercise such powers, and have such rank and status as the Secretary of State shall prescribe.”
Transition; Reappointment of Officers Holding Office as of April 30, 1994, Not Required
Pub. L. 103–236, title I, § 161(c), Apr. 30, 1994, 108 Stat. 404, provided that:
“Any officer of the
Department of State holding office on the date of the enactment of this Act [
Apr. 30, 1994] shall not be required to be reappointed to any other office, at the
Department of State at the same level performing similar functions, as determined by the President, by reason of the enactment of the amendments made by this section and
section 162 [see Effective Date of 1994 Amendment note above for classification].”
[Functions of President under section 161(c) of Pub. L. 103–236, set out above, delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title.]
References to Officials and Offices of Department of State Whose Authority Is vested in Secretary of State Deemed References to Secretary of State or Department of State
Pub. L. 103–236, title I, § 161(d), Apr. 30, 1994, 108 Stat. 404, provided that:
“Except as specifically provided in this Act [see Tables for classification], or the amendments made by this Act, a reference in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection (a) [amending this section] (other than the Inspector General of the Department of State and the Chief Financial Officer of the Department of State) shall be deemed to be a reference to the Secretary of State or the Department of State, as may be appropriate.”
Office of Coordinator for Counterterrorism
Pub. L. 103–236, title I, § 161(e), Apr. 30, 1994, 108 Stat. 404, which established for not less than one year after Apr. 30, 1994, an Office of the Coordinator for Counterterrorism in the Department of State having the same responsibilities and functions as such office had as of Jan. 20, 1993, was repealed by Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2301(b), Oct. 21, 1998, 112 Stat. 2681–824.
Deputy Assistant Secretary for Burdensharing
Pub. L. 103–236, title I, § 161(f), Apr. 30, 1994, 108 Stat. 404, as amended by Pub. L. 103–415, § 1(f)(3), Oct. 25, 1994, 108 Stat. 4300, which conditioned availability of 1995 appropriations upon establishment of position within Department of State of Deputy Assistant Secretary for Burdensharing and set forth responsibilities of position, was repealed by Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2302, Oct. 21, 1998, 112 Stat. 2681–825.
Executive Documents
Authorization To Redelegate Certain Responsibilities Vested in the President and Delegated to the Secretary of State
Memorandum of President of the United States, Nov. 4, 1997, 62 F.R. 60995, provided:
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and laws of the United States, including section 301 of Title 3 of the United States Code, to the extent that you consider doing so appropriate to facilitate the consolidation of the Arms Control and Disarmament Agency and the Department of State, I hereby authorize you to redelegate to any officer of the executive branch any or all authorities vested in the President that are delegated to the Secretary of State by any act, order, determination, delegation of authority, regulation, or Executive order heretofore or hereinafter enacted or issued and that have been or may be redelegated to the Under Secretary of State for Arms Control and International Security Affairs.
You are authorized and directed to publish this memorandum in the Federal Register.
[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.]
