22 U.S.C. § 2732b — Improving research and evaluation of

Page 1167 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2732b (B) develop and articulate long-term meas- urable objectives for United States public di- plomacy. (c) Objectives The strategy developed pursuant to subsection (b) shall include public diplomacy efforts tar- geting developed and developing countries and select and general audiences, using appropriate media to properly explain the foreign policy of the United States to the governments and popu- lations of such countries, with the objectives of increasing support for United States policies and providing news and information. The Sec- retary shall, through the most effective mecha- nisms, counter misinformation and propaganda concerning the United States. The Secretary shall continue to articulate the importance of freedom, democracy, and human rights as funda- mental principles underlying United States for- eign policy goals. (d) Identification of United States foreign assist- ance In cooperation with the United States Agency for International Development (USAID) and other public and private assistance organiza- tions and agencies, the Secretary should ensure that information relating to foreign assistance provided by the United States, nongovernmental organizations, and private entities of the United States is disseminated widely, and particularly, to the extent practicable, within countries and regions that receive such assistance. The Sec- retary should ensure that, to the extent prac- ticable, projects funded by USAID not involving commodities, including projects implemented by private voluntary organizations, are identified as provided by the people of the United States. (Aug. 1, 1956, ch. 841, title I, § 60, as added Pub. L. 108–458, title VII, § 7109(a), Dec. 17, 2004, 118 Stat. 3792.) 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. PUBLIC DIPLOMACY OUTREACH Pub. L. 118–31, div. F, title LXVI, § 6601, Dec. 22, 2023, 137 Stat. 1010, provided that: ‘‘(a) COORDINATION OF RESOURCES.—The Adminis- trator of the United States Agency for International Development and the Secretary [of State] shall direct public affairs sections at United States embassies and USAID Mission Program Officers at USAID missions to coordinate, enhance and prioritize resources for public diplomacy and awareness campaigns around United States diplomatic and development efforts, including through— ‘‘(1) the utilization of new media technology for maximum public engagement; and ‘‘(2) enact coordinated comprehensive community outreach to increase public awareness and under- standing and appreciation of United States diplo- matic and development efforts. ‘‘(b) DEVELOPMENT OUTREACH AND COORDINATION OFFI- CERS.—USAID should prioritize hiring of additional De- velopment Outreach and Coordination officers in USAID missions to support the purposes of subsection (a). ‘‘(c) BEST PRACTICES.—The Secretary and the Admin- istrator of USAID shall identify 10 countries in which Embassies and USAID missions have successfully exe- cuted efforts, including monitoring and evaluation of such efforts, described in [subsection] (a) and develop best practices to be turned into Department [of State] and USAID guidance.’’ § 2732a. Avoiding duplication of programs and ef- forts The Secretary shall— (1) identify opportunities for greater effi- ciency of operations, including through im- proved coordination of efforts across public di- plomacy bureaus and offices of the Depart- ment; and (2) maximize shared use of resources be- tween, and within, such public diplomacy bu- reaus and offices in cases in which programs, facilities, or administrative functions are du- plicative or substantially overlapping. (Pub. L. 117–81, div. E, title LVI, § 5602, Dec. 27, 2021, 135 Stat. 2377.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Department’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. Pub. L. 117–81, div. E, title LVI, § 5607, Dec. 27, 2021, 135 Stat. 2380, provided that: ‘‘In this title [enacting this section and section 2732b of this title, amending section 6553 of this title, and enacting provisions set out as notes under sections 1475g and 2651 of this title]: ‘‘(1) AUDIENCE RESEARCH.—The term ‘audience re- search’ means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience seg- ments to understand the attitudes, interests, knowl- edge, and behaviors of such audience segments. ‘‘(2) DIGITAL ANALYTICS.—The term ‘digital ana- lytics’ means the analysis of qualitative and quan- titative data, accumulated in digital format, to indi- cate the outputs and outcomes of a public diplomacy program or campaign. ‘‘(3) IMPACT EVALUATION.—The term ‘impact evalua- tion’ means an assessment of the changes in the audi- ence targeted by a public diplomacy program or cam- paign that can be attributed to such program or cam- paign. ‘‘(4) PUBLIC DIPLOMACY BUREAUS AND OFFICES.—The term ‘public diplomacy bureaus and offices’ means, with respect to the Department, the following: ‘‘(A) The Bureau of Educational and Cultural Af- fairs. ‘‘(B) The Bureau of Global Public Affairs. ‘‘(C) The Office of Policy, Planning, and Re- sources for Public Diplomacy and Public Affairs. ‘‘(D) The Global Engagement Center. ‘‘(E) The public diplomacy functions within the regional and functional bureaus.’’ § 2732b. Improving research and evaluation of public diplomacy (a) Research and evaluation activities The Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the rou- tine use of audience research, digital ana- lytics, and impact evaluations, to plan and execute such programs and activities; and Page 1168 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2732b (2) make available to Congress the findings of the research and evaluations conducted under paragraph (1). (b) Director of Research and Evaluation (1) Appointment Not later than 90 days after December 27, 2021, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the ‘‘Director’’) in the Office of Policy, Planning, and Resources for Public Di- plomacy and Public Affairs of the Department. (2) Limitation on appointment The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. (3) Responsibilities The Director shall— (A) coordinate and oversee the research and evaluation of public diplomacy pro- grams and activities of the Department in order to— (i) improve public diplomacy strategies and tactics; and (ii) ensure that such programs and ac- tivities are increasing the knowledge, un- derstanding, and trust of the United States by relevant target audiences; (B) routinely organize and oversee audi- ence research, digital analytics, and impact evaluations across all public diplomacy bu- reaus and offices of the Department; (C) support United States diplomatic posts’ public affairs sections; (D) share appropriate public diplomacy re- search and evaluation information within the Department and with other appropriate Federal departments and agencies; (E) regularly design and coordinate stand- ardized research questions, methodologies, and procedures to ensure that public diplo- macy programs and activities across all pub- lic diplomacy bureaus and offices are de- signed to meet appropriate foreign policy ob- jectives; and (F) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to sub- section (f), regarding the research and eval- uation of all public diplomacy bureaus and offices. (4) Guidance and training Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy offi- cers of the Department regarding the reading and interpretation of public diplomacy pro- gram and activity evaluation findings to en- sure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department. (c) Prioritizing research and evaluation (1) In general The head of the Office of Policy, Planning, and Resources for Public Diplomacy and Pub- lic Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordi- nated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplo- macy bureaus and offices of the Department. (2) Allocation of resources Amounts allocated for the purpose of re- search and evaluation of public diplomacy pro- grams and activities of the Department pursu- ant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the re- search and evaluation staff across all public diplomacy bureaus and offices of the Depart- ment. (3) Sense of Congress It is the sense of Congress that the Depart- ment should gradually increase its allocation of funds made available under the headings ‘‘Educational and Cultural Exchange Pro- grams’’ and ‘‘Diplomatic Programs’’ for re- search and evaluation of public diplomacy pro- grams and activities of the Department pursu- ant to subsection (b) to a percentage of pro- gram funds that is commensurate with Fed- eral Government best practices. (d) Limited exemption relating to the Paperwork Reduction Act Chapter 35 of title 44 (commonly known as the ‘‘Paperwork Reduction Act’’) shall not apply to the collection of information directed at any in- dividuals conducted by, or on behalf of, the De- partment of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following: (1) The Mutual Educational and Cultural Ex- change Act of 1961 (22 U.S.C. 2451 et seq.). (2) Section 1287 of the National Defense Au- thorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note). (3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (e) Limited exemption relating to the Privacy Act (1) In general The Department shall maintain, collect, use, and disseminate records (as such term is de- fined in section 552a(a)(4) of title 5) for audi- ence research, digital analytics, and impact evaluation of communications related to pub- lic diplomacy efforts intended for foreign audi- ences. (2) Conditions Audience research, digital analytics, and im- pact evaluations under paragraph (1) shall be— (A) reasonably tailored to meet the pur- poses of this subsection; and (B) carried out with due regard for privacy and civil liberties guidance and oversight. (f) United States Advisory Commission on Public Diplomacy (1) Subcommittee for research and evaluation The United States Advisory Commission on Public Diplomacy shall establish a Sub- Page 1169 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2734 committee on Research and Evaluation to monitor and advise regarding audience re- search, digital analytics, and impact evalua- tions carried out by the Department and the United States Agency for Global Media. (2) Annual report The Subcommittee on Research and Evalua- tion established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions. (Pub. L. 117–81, div. E, title LVI, § 5603, Dec. 27, 2021, 135 Stat. 2377.) Editorial Notes REFERENCES IN TEXT The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (d)(1), is Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified prin- cipally to chapter 33 (§ 2451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (d)(3), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Privacy Act, referred to in the heading of subsec. (e), is probably a reference to section 552a of Title 5, Government Organization and Employees. See Short Title note set out under section 552a of Title 5. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘Department’’, and ‘‘appropriate congressional committees’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. For definitions of ‘‘audience research’’, ‘‘digital ana- lytics’’, ‘‘impact evaluation’’, and ‘‘public diplomacy bureaus and offices’’ as used in this section, see section 5607 of Pub. L. 117–81, set out as a note under section 2732a of this title. § 2733. Reemployment of annuitants under the Civil Service Retirement System and Federal Employees’ Retirement System (a) Authority The Secretary of State may waive the applica- tion of section 8344 or 8468 of title 5 on a case- by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruit- ing or retaining a qualified employee, or when a temporary emergency hiring need exists. (b) Procedures The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of author- ity and procedures for a delegation of authority. (c) Annuitants not treated as employees for pur- poses of retirement benefits An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chap- ter 83, or chapter 84 of title 5. (Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441; amended Pub. L. 111–32, title XI, § 1115(c)(2), June 24, 2009, 123 Stat. 1905; Pub. L. 114–323, title IV, § 405(b), Dec. 16, 2016, 130 Stat. 1929.) Editorial Notes CODIFICATION Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441, which directed that this section be added at the end of title I of the Department of State Basic Au- thorities Act of 1956, was executed by adding this sec- tion at the end of title I of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress. AMENDMENTS 2016—Subsec. (a). Pub. L. 114–323 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authority of the Secretary of State to waive applica- tion of provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of certain annu- itants to facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by mem- bers of the Service assigned to Iraq, Pakistan, and Af- ghanistan and terminated the Secretary’s authority as of Oct. 1, 2010. 2009—Subsec. (a)(1). Pub. L. 111–32 inserted ‘‘, Pakistan,’’ after ‘‘Iraq’’ in two places. Subsec. (a)(2). Pub. L. 111–32 substituted ‘‘2010’’ for ‘‘2008’’. Statutory Notes and Related Subsidiaries EXTENSION OF AUTHORITY Extensions of the waiver authority of the Secretary of State under former subsec. (a) of this section (see 2016 Amendment note above) were contained in the fol- lowing acts: Pub. L. 114–113, div. K, title VII, § 7034(k)(5), Dec. 18, 2015, 129 Stat. 2765. Pub. L. 113–235, div. J, title VII, § 7034(l)(5), Dec. 16, 2014, 128 Stat. 2625. Pub. L. 113–76, div. K, title VII, § 7034(m)(5), Jan. 17, 2014, 128 Stat. 515. Pub. L. 112–74, div. I, title VII, § 7034(m)(5), Dec. 23, 2011, 125 Stat. 1216. § 2734. Reconstruction and stabilization (a) Office of the Coordinator for Reconstruction and Stabilization (1) Establishment There is established within the Department of State the Office of the Coordinator for Re- construction and Stabilization. (2) Coordinator for Reconstruction and Sta- bilization The head of the Office shall be the Coordi- nator for Reconstruction and Stabilization, 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. (3) Functions The functions of the Office of the Coordi- nator for Reconstruction and Stabilization shall include the following: