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22 U.S.C. § 3929a — Abolishment of Inspector General of De-

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3929a — Abolishment of Inspector General of De-

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Stable record: federal_law:legal_authorities:usc2024-260032955a5ab5a3ef0ae896
Source file: Laws/federal/codes/united-states-code-2024/title-22/section-3929a-abolishment-of-inspector-general-of-de--2ed627ab84.md
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Source location: USCODE-2024-title22-chap52-subchapII-sec3929a.pdf

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Page 1434 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3929a (Pub. L. 96–465, title I, § 209, Oct. 17, 1980, 94 Stat. 2080; Pub. L. 99–399, title IV, § 413(a)(6), Aug. 27, 1986, 100 Stat. 868; Pub. L. 99–529, title IV, § 405, Oct. 24, 1986, 100 Stat. 3020; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2208(a), (b), Oct. 21, 1998, 112 Stat. 2681–810; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–443; Pub. L. 114–323, title II, § 203, Dec. 16, 2016, 130 Stat. 1916; Pub. L. 117–286, § 4(b)(42), Dec. 27, 2022, 136 Stat. 4348.) Editorial Notes AMENDMENTS 2022—Subsec. (e)(1). Pub. L. 117–286 substituted ‘‘sec- tion 406 of title 5’’ for ‘‘section 6 of the Inspector Gen- eral Act of 1978’’, ‘‘section 401 of title 5)’’ for ‘‘section 11(2) of such Act)’’, ‘‘chapter 4 of title 5,’’ for ‘‘that Act,’’, and ‘‘section 406(c) and (d) of title 5.’’ for ‘‘sec- tion 6(b) and (c) of such Act.’’ 2016—Subsec. (c)(6). Pub. L. 114–323 added par. (6). 1999—Subsec. (c)(5). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 339(a)], added par. (5). Subsec. (d)(2)(F). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 339(b)], added subpar. (F). 1998—Subsec. (c)(4). Pub. L. 105–277, § 2208(a), added par. (4). Subsec. (e)(3). Pub. L. 105–277, § 2208(b), added par. (3). 1986—Subsec. (a)(1). Pub. L. 99–529 repealed § 413(a)(6) of Pub. L. 99–399 and reenacted last sentence which had been struck out by Pub. L. 99–399. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A–444, provided that: ‘‘The amendments made by this section [amend- ing this section] shall apply to cases opened on or after the date of the enactment of this Act [Nov. 29, 1999].’’ CONSTRUCTION OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–444, as amended by Pub. L. 117–286, § 4(b)(43), Dec. 27, 2022, 136 Stat. 4348, provided that: ‘‘Nothing in the amendments made by this section [amending this section] may be construed to modify— ‘‘(1) section 209(d)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3929(d)(4)); ‘‘(2) section 407(b) of title 5, United States Code; ‘‘(3) the Privacy Act of 1974 (5 U.S.C. 552a); ‘‘(4) the provisions of section 2302(b)(8) of title 5 (re- lating to whistleblower protection); ‘‘(5) rule 6(e) of the Federal Rules of Criminal Pro- cedure [18 U.S.C. App.] (relating to the protection of grand jury information); or ‘‘(6) any statute or executive order pertaining to the protection of classified information.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the require- ment that the Secretary of State transmit a copy of the annual report furnished by the Inspector General, together with any comments which the Secretary deems appropriate, to the Committee on Foreign Rela- tions of the Senate and the Committee on Foreign Af- fairs of the House of Representatives and to other ap- propriate committees, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 129 of House Document No. 103–7. PERIODIC INSPECTOR GENERAL REVIEWS OF CHIEFS OF MISSION Pub. L. 118–159, div. G, title LXXII, § 7203, Dec. 23, 2024, 138 Stat. 2528, provided that: ‘‘(a) IN GENERAL.—Beginning on April 1, 2025, and for a 3-year period thereafter, the Inspector General of the Department of State shall conduct management re- views of chiefs of mission, charge d’affaires, and other principal officers assigned overseas during inspection visits, when those officers have been at post more than 180 days. ‘‘(b) DISPOSITION.—If there are serious management concerns raised and substantiated, a copy of the man- agement review document shall be provided to the rat- ing officer for formal discussion as part of the perform- ance evaluation process. The management review shall remain in the employee’s personnel file unless other- wise required by law. The subject of a review conducted pursuant to subsection (a) shall have the opportunity to respond to and comment on the review, and the re- sponse shall be included in the employee’s file for pro- motion panel review. ‘‘(c) NOTIFICATION REQUIREMENT IN CASE OF SERIOUS MANAGEMENT CONCERNS.—The Inspector General of the Department of State shall notify the Secretary [of State], the Deputy Secretary, and the appropriate con- gressional committees [Committee on Foreign Rela- tions of the Senate and Committee on Foreign Affairs of the House of Representatives] within 30 days of any review in which a preponderance of evidence shows that a chief of mission, charge d’affaires, or other principal officer did not meet Department guidelines, and such behavior negatively impacted the ability to conduct operations at the mission, and which information is not otherwise submitted as part of the periodic inspection or report.’’ NO GRIEVANCE OR RIGHT OF ACTION Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–444, provided that: ‘‘A failure to comply with the amendments made by this section [amending this section] shall not give rise to any private right of action in any court or to an administrative complaint or grievance under any law.’’ § 3929a. Abolishment of Inspector General of De- partment of State and Foreign Service Notwithstanding section 3929 of this title, the Inspector General of the Department of State and the Foreign Service is hereby abolished. (Pub. L. 99–93, title I, § 150(b), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 413(c), Aug. 27, 1986, 100 Stat. 868.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and not as part of the Foreign Service Act of 1980 which com- prises this chapter. Another subsec. (c) of section 413 of Pub. L. 99–399 is classified to section 4861(c) of this title. AMENDMENTS 1986—Pub. L. 99–399 substituted provision abolishing the Inspector General of the Department of State and the Foreign Service for provision limiting the author- ity of the Inspector General to such functions as nec- essary to carry out section 3929(g) of this title. § 3929b. Cooperation with Office of the Inspector General (a) Administrative discipline Not later than 30 days after December 27, 2021, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political ap-

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3929 — Inspector General

**(a) Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; inspections, audits, and other functions; removal from office** (1) There shall be an Inspector General of the Department of State and the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, or their knowledge and experience in the conduct of foreign affairs. The Inspector General shall report to and be under the general supervision of the Secretary of State. Neither the Secretary of State nor any other officer of the Department shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. The Inspector General shall periodically (at least every 5 years) inspect and audit the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State, and shall perform such other functions as the Secretary of State may prescribe, except that the Secretary of State shall not assign to the Inspector General any general program operating responsibilities. (2) The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. **(b) Subject matter of inspections, investigations, and audits** Inspections, investigations, and audits

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3929

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3929 — Inspector General

Page 1431 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3929 § 3927a. Review by chief of mission (a) Review of staff element under chief of mis- sion authority; approval; process The Secretary of State shall require each chief of mission to review, not less than once every 5 years, every staff element under chief of mission authority, including staff from other depart- ments or agencies of the United States, and rec- ommend approval or disapproval of each staff element. Each such review shall be conducted pursuant to a process established by the Presi- dent for determining appropriate staffing at dip- lomatic missions and overseas constituent posts (commonly referred to as the ‘‘NSDD–38 proc- ess’’). (b) Actions by Secretary of State The Secretary of State, as part of the process established by the President referred to in sub- section (a), shall take actions to carry out the recommendations made in each such review. (Pub. L. 108–447, div. B, title IV, § 409, Dec. 8, 2004, 118 Stat. 2904; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Commerce, Justice, and State, the Judiciary, and Re- lated Agencies Appropriations Act, 2005, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Foreign Service Act of 1980 which comprises this chapter. AMENDMENTS 2011—Subsec. (c). Pub. L. 112–74 struck out subsec. (c). Prior to amendment, text read as follows: ‘‘Not later than 1 year after December 8, 2004, and annually there- after, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommenda- tions regarding such reviews to the approp

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3929

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3929a — Abolishment of Inspector General of Department of State and Foreign Service

Notwithstanding [section 3929 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3929&num=0&edition=prelim), the Inspector General of the Department of State and the Foreign Service is hereby abolished.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

Page 130 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a 1 See References in Text note below. (b) Within 90 days of the issuance of the Open Data Policy, the Administrator for Federal Procurement Policy, Controller of the Office of Federal Financial Management, CIO, and Administrator of OIRA shall work with the Chief Acquisition Officers Council, Chief Financial Officers Council, Chief Information Officers Council, and Federal Records Council to identify and initiate implementation of measures to support the in- tegration of the Open Data Policy requirements into Federal acquisition and grant-making processes. Such efforts may include developing sample requirements language, grant and contract language, and workforce tools for agency acquisition, grant, and information management and technology professionals. (c) Within 90 days of the date of this order, the Chief Performance Officer (CPO) shall work with the Presi- dent’s Management Council to establish a Cross-Agen- cy Priority (CAP) Goal to track implementation of the Open Data Policy. The CPO shall work with agencies to set incremental performance goals, ensuring they have metrics and milestones in place to monitor advance- ment toward the CAP Goal. Progress on these goals shall be analyzed and reviewed by agency leadership, pursuant to the GPRA Modernization Act of 2010 (Pub- lic Law 111–352). (d) Within 180 days of the date of this order, agencies shall report progress on the implementation of the CAP Goal to the CPO. Thereafter, agencies shall report progress quarterly, and as appropriate. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 552a

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