22 U.S.C. § 2651a — Organization of Department of State

Page 1055 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a suant to such section shall be by petition of certiorari to the Supreme Court. ‘‘(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited. ‘‘(d) This section applies only with respect to the Sec- retary of State who is first appointed to that office after the enactment of this Act [May 3, 1980].’’ DEFINITIONS Pub. L. 118–159, div. G, § 7002, Dec. 23, 2024, 138 Stat. 2521, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the United States Agen- cy for International Development. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ‘‘(3) DEPARTMENT.—The term ‘Department’ means the Department of State. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of State. ‘‘(5) USAID.—The term ‘USAID’ means the United States Agency for International Development.’’ Pub. L. 118–31, div. F, § 6002, Dec. 22, 2023, 137 Stat. 964, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Rep- resentatives. ‘‘(2) DEPARTMENT.—The term ‘Department’ means the Department of State. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of State.’’ Pub. L. 117–263, div. I, § 9002, Dec. 23, 2022, 136 Stat. 3857, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of USAID. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ‘‘(3) DEPARTMENT.—Unless otherwise specified, the term ‘Department’ means the Department of State. ‘‘(4) SECRETARY.—Unless otherwise specified, the term ‘Secretary’ means the Secretary of State. ‘‘(5) USAID.—The term ‘USAID’ means the United States Agency for International Development.’’ Pub. L. 114–323, § 2, Dec. 16, 2016, 130 Stat. 1907, pro- vided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Relations of the Senate; and ‘‘(B) the Committee on Foreign Affairs of the House of Representatives. ‘‘(2) DEPARTMENT.—Unless otherwise specified, the term ‘Department’ means the Department of State. ‘‘(3) FOREIGN SERVICE.—The term ‘Foreign Service’ has the meaning given such term in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902). ‘‘(4) INSPECTOR GENERAL.—Unless otherwise speci- fied, the term ‘Inspector General’ means the Office of Inspector General of the Department of State and the Broadcasting Board of Governors [now United States Agency for Global Media]. ‘‘(5) PEACEKEEPING CREDITS.—The term ‘peace- keeping credits’ means the amounts by which United States assessed peacekeeping contributions exceed actual expenditures, apportioned to the United States, of peacekeeping operations by the United Na- tions during a United Nations peacekeeping fiscal year. ‘‘(6) SECRETARY.—Unless otherwise specified, the term ‘Secretary’ means the Secretary of State.’’ Pub. L. 107–228, § 3, Sept. 30, 2002, 116 Stat. 1355, pro- vided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Rep- resentatives. ‘‘(2) DEPARTMENT.—The term ‘Department’ means the Department of State. ‘‘(3) SECRETARY.—Except as otherwise provided, the term ‘Secretary’ means the Secretary of State.’’ Pub. L. 106–113, div. B, § 1000(a)(7) [§ 3], Nov. 29, 1999, 113 Stat. 1536, 1501A–409, provided that: ‘‘In this Act [see Short Title of 1999 Amendment note set out above]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Ex- cept as otherwise provided in section 902(1) [113 Stat. 1501A–475], the term ‘appropriate congressional com- mittees’ means the Committee on International Rela- tions [now Committee on Foreign Affairs] of the House of Representatives and the Committee on For- eign Relations of the Senate. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of State.’’ Executive Documents EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of State, see Parts 1, 2, and 13 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of State are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, listed in a table under section 3345 of Title 5, Government Orga- nization and Employees. § 2651a. Organization of Department of State (a) Secretary of State (1) The Department of State shall be adminis- tered, in accordance with this Act and other pro- visions of law, under the supervision and direc- tion of the Secretary of State (hereinafter re- ferred 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 De- partment of State. The Secretary shall admin- ister, 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 author- ity of the Inspector General or the Chief Finan- cial Officer. (ii) The Secretary shall not have any author- ity given expressly to diplomatic or consular of- ficers. (4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of Page 1056 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a State and the Department of State. Unless oth- erwise specified in law, the Secretary may dele- gate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and super- vision of the Secretary. The Secretary may dele- gate the authority to redelegate any such func- tions. (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 pro- vided 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 responsi- bility to assist the Secretary and the Deputy Secretary in the formation and implementa- tion of United States public diplomacy poli- cies 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 over- seas posts and in consultation with the re- gional and functional bureaus of the Depart- ment; (B) ensure the design and implementation of appropriate program evaluation meth- odologies; (C) provide guidance to Department per- sonnel 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 Broad- casting Board of Governors to present the policies of the United States clearly and ef- fectively; (E) submit statements of United States policy and editorial material to the Broad- casting Board of Governors for broadcast consideration; and (F) coordinate the allocation and manage- ment of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cul- tural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Pub- lic Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions with- in the regional and functional bureaus. (4) Nomination of Under Secretaries Whenever the President submits to the Sen- ate a nomination of an individual for appoint- ment to a position in the Department of State that is described in paragraph (1), the Presi- dent shall designate the particular Under Sec- retary 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 As- sistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the ap- pointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the ad- vice 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 De- mocracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and hu- manitarian 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 re- lated 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 As- sistant Secretary. (B) The Assistant Secretary of State for De- mocracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relat- ing to prisoners of war and members of the United States Armed Forces missing in ac- tion) in the conduct of foreign policy including the following: (i) Gathering detailed information regard- ing humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which re- quirements 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 Sec- retary of State and the Administrator of the Agency for International Development re- garding compliance with sections 2151n and Page 1057 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a 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 Adminis- trator of the Agency for International De- velopment 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 Nar- cotics and Law Enforcement Affairs (A) In general There is authorized to be in the Depart- ment of State an Assistant Secretary for International Narcotics and Law Enforce- ment Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to inter- national narcotics, anti-crime, and law en- forcement affairs in the conduct of foreign policy by the Department, including, as ap- propriate, leading the coordination of pro- grams carried out by United States Govern- ment agencies abroad, and such other re- lated 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 sys- tems, including judicial and prosecutorial capacity, appeals systems, law enforce- ment agencies, prison systems, and the sharing of recovered assets. (iii) Training and equipping foreign po- lice, border control, other government offi- cials, and other civilian law enforcement authorities for anti-crime purposes, in- cluding 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 Democ- racy, 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 orga- nized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, cor- ruption, money laundering, the illicit smuggling of bulk cash, the licit use of fi- nancial 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 institu- tions responsible for addressing financial crimes and engaging with multilateral or- ganizations responsible for monitoring and supporting foreign governments’ anti-cor- ruption efforts. (C) Additional duties In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law En- forcement Affairs shall also— (i) carry out timely and substantive con- sultation with chiefs of mission and, as ap- propriate, 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 Na- tional Drug Control Policy to ensure les- sons 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 pro- grams, including metrics for success that do not rely solely on the amounts of ille- gal 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 Com- mittee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of Inter- national 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 con- strued to limit or impair the authority or re- sponsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activi- ties as defined in Executive Order 12333. (4) Assistant Secretary for economic and busi- ness matters (A) In general Subject to the numerical limitation speci- fied in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be re- sponsible to the Secretary of State for mat- ters pertaining to international economics and business matters in the conduct of for- eign policy. Page 1058 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a 1 So in original. Probably should be ‘‘under’’. (B) Matters contemplated The matters referred to in subparagraph (A) include the following: (i) International trade and investment policy. (ii) International finance, economic de- velopment, 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 pri- vate sector outreach. (vii) International data privacy and in- novation policies. (viii) Such other related duties as the Secretary may from time to time des- ignate. (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 de- velopment and implementation of economic sanctions. (5) Nomination of Assistant Secretaries Whenever the President submits to the Sen- ate a nomination of an individual for appoint- ment to a position in the Department of State that is described in paragraph (1), the Presi- dent 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 ap- pointed by the President, by and with the advice and consent of the Senate, and to be com- pensated at level IV of the Executive Schedule of 1 section 5315 of title 5 four other such ap- pointments 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 ‘‘Coordi- nator’’) who shall be appointed by the Presi- dent, 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 inter- national 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 offi- cial within the senior management of the Department of State and shall report di- rectly to the Secretary of State. (3) Rank and status of Ambassador The Coordinator shall have the rank and sta- tus of Ambassador at Large. (f) HIV/AIDS Response Coordinator (1) In general There shall be established within the De- partment 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 di- rectly to the Secretary. (2) Authorities and duties; definitions (A) Authorities The Coordinator, acting through such non- governmental 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 ap- propriate to effect the purposes of this sec- tion, 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 rel- evant executive branch agencies; and (iii) to provide grants to, and enter into contracts with, nongovernmental organi- zations (including faith-based and commu- nity-based organizations), partner country finance, health, and other relevant min- istries, to carry out the purposes of sec- tion. (B) Duties (i) In general The Coordinator shall have primary re- sponsibility for the oversight and coordi- nation of all resources and international activities of the United States Govern- ment to combat the HIV/AIDS pandemic, including all programs, projects, and ac- tivities 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 amend- ment made by that Act. (ii) Specific duties The duties of the Coordinator shall spe- cifically include the following: (I) Ensuring program and policy co- ordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, moni- toring, and evaluation of all such pro- grams. (II) Ensuring that each relevant execu- tive branch agency undertakes programs primarily in those areas where the agen- cy has the greatest expertise, technical capabilities, and potential for success. Page 1059 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a (III) Avoiding duplication of effort. (IV) Establishing an interagency work- ing group on HIV/AIDS headed by the Global AIDS Coordinator and comprised of representatives from the United States Agency for International Devel- opment 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 epi- demiology of HIV/AIDS in those coun- tries, including clear evidence of a pub- lic health threat, as well as govern- ment commitment to address the HIV/ AIDS problem, relative need, and co- ordination 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, in- cluding the National Institutes of Health, the Health Resources and Serv- ices Administration, the Department of Labor, the Department of Agri- culture, the Millennium Challenge Cor- poration, the Peace Corps, and the De- partment of Defense. (V) Coordinating overall United States HIV/AIDS policy and programs, includ- ing ensuring the coordination of relevant executive branch agency activities in the field, with efforts led by partner coun- tries, and with the assistance provided by other relevant bilateral and multilat- eral aid agencies and other donor insti- tutions to promote harmonization with other programs aimed at preventing and treating HIV/AIDS and other health challenges, improving primary health, addressing food security, promoting edu- cation and development, and strength- ening health care systems. (VI) Resolving policy, program, and funding disputes among the relevant ex- ecutive branch agencies. (VII) Holding annual consultations with nongovernmental organizations in partner countries that provide services to improve health, and advocating on be- half of the individuals with HIV/AIDS and those at particular risk of con- tracting HIV/AIDS, including organiza- tions 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 complemen- tary to, the delivery of related global health, food security, development, and education. (IX) Directly approving all activities of the United States (including funding) re- lating to combatting HIV/AIDS in each of Botswana, Cote d’Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Na- mibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Vietnam, Zambia, and other countries designated by the President, which other designated coun- tries 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 pro- grams as part of its foreign assistance program. In designating additional coun- tries under this subparagraph, the Presi- dent shall give priority to those coun- tries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general pop- ulation and inadequate financial means within the country. (X) Working with partner countries in which the HIV/AIDS epidemic is preva- lent among injection drug users to estab- lish, as a national priority, national HIV/ AIDS prevention programs. (XI) Working with partner countries in which the HIV/AIDS epidemic is preva- lent among individuals involved in com- mercial sex acts to establish, as a na- tional priority, national prevention pro- grams, including education, voluntary testing, and counseling, and referral sys- tems that link HIV/AIDS programs with programs to eradicate trafficking in per- sons and support alternatives to pros- titution. (XII) Establishing due diligence cri- teria for all recipients of funds appro- priated for HIV/AIDS assistance pursu- ant to the authorization of appropria- tions under section 7671 of this title and all activities subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordi- nator 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 im- mune deficiency syndrome. (ii) HIV The term ‘‘HIV’’ means the human im- munodeficiency virus, the pathogen that causes AIDS. (iii) HIV/AIDS The term ‘‘HIV/AIDS’’ means, with re- spect to an individual, an individual who is infected with HIV or living with AIDS. Page 1060 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a (iv) Relevant executive branch agencies The term ‘‘relevant executive branch agencies’’ means the Department of State, the United States Agency for Inter- national Development, the Department of Health and Human Services (including the Public Health Service), and any other de- partment or agency of the United States that participates in international HIV/ AIDS activities pursuant to the authori- ties of such department or agency or this Act. (g) Bureau of Consular Affairs There is in the Department of State the Bu- reau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs. (h) Bureau of Population, Refugees, and Migra- tion There is in the Department of State the Bu- reau of Population, Refugees, and Migration, which shall be headed by the Assistant Sec- retary 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 Sec- retary of State shall prescribe, including im- plementing the diplomatic and foreign pol- icy aspects of the policy described in section 9501(a) of the Department of State Author- ization 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 manage- ment 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 dip- lomatic cyberspace, and cybersecurity ef- forts (including efforts related to data pri- vacy, data flows, internet governance, in- formation and communications technology standards, and other issues that the Sec- retary 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 com- munications 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 ad- versaries, and carry out the purposes of title V of the Department of State Author- ization Act of 2022; (vi) to engage civil society, the private sector, academia, and other public and pri- vate entities on relevant international cyberspace and international information and communications technology issues; (vii) to support United States Govern- ment efforts to uphold and further develop global deterrence frameworks for mali- cious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security- level cyber incidents, including coordina- tion on diplomatic response efforts to sup- port allies and partners threatened by ma- licious cyber activity, in conjunction with members of the North Atlantic Treaty Or- ganization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy pri- orities; (x) to promote an open, interoperable, reliable, and secure information and com- munications technology infrastructure globally and an open, interoperable, se- cure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international environ- ment for technology investments and the internet that benefits United States eco- nomic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seek- ing to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications in- frastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordina- tion with relevant executive branch agen- cies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues de- scribed in title V of the Department of State Authorization Act of 2022; (xv) to promote international policies, in coordination with the Department of Com- merce, 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; Page 1061 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a (xvii) to build capacity of United States diplomatic officials to engage on cyber- space issues; (xviii) to encourage the development and adoption by foreign countries of inter- nationally recognized standards, policies, and best practices; (xix) to support efforts by the Global En- gagement 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 indi- vidual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communica- tions 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 Sec- retary if, not later than 15 days before any change in such reporting structure, the Sec- retary of State— (i) consults with the Committee on For- eign Relations of the Senate and the Com- mittee 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 Af- fairs; (II) describes the new reporting struc- ture 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 en- able the head of the Bureau to carry out the duties described in paragraph (2), in- cluding the security, economic, and human rights aspects of cyber diplo- macy. (5) Special hiring authorities The Secretary of State may— (A) appoint up to 25 employees to cyber po- sitions in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, regarding appointments in the com- petitive service; and (B) fix the rates of basic pay of such em- ployees without regard to chapter 51 and subchapter III of chapter 53 of such title re- garding 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 co- ordinate with the heads of other Federal agen- cies, 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 con- strued— (A) to preclude the head of the Bureau from being designated as an Assistant Sec- retary, if such an Assistant Secretary posi- tion does not increase the number of Assist- ant Secretary positions at the Department above the number authorized under sub- section (c)(1); or (B) to alter or modify the existing authori- ties 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 indi- vidual as a Special Envoy, Special Representa- tive, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a simi- lar function, regardless of title, at the Depart- ment of State exercising significant authority pursuant to the laws of the United States. Ex- cept as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (re- lating 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 posi- tion performing a similar function, regardless of title, at the Department exercising signifi- cant authority pursuant to the laws of the United States without the advice and consent of the Senate. Page 1062 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a (2) Positions not exercising significant author- ity The President or Secretary of State may ap- point any Special Envoy, Special Representa- tive, 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 ap- propriate congressional committees a notifica- tion that includes the following: (A) A certification that the position does not require the exercise of significant au- thority 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 appoint- ments exercising significant authority The President may maintain or establish a position with the title of Special Envoy, Spe- cial Representative, Special Coordinator, Spe- cial Negotiator, Envoy, Representative, Coor- dinator, Special Advisor, or other position per- forming a similar function, regardless of title, at the Department of State exercising signifi- cant 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 po- sition, or 30 days after December 27, 2021, whichever is earlier, submits to the Com- mittee 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 func- tion to the Senate as a nomination for ad- vice 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 Presi- dent, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives a detailed justification on the ne- cessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submit- ting 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, Spe- cial 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 stat- ute. (6) Effective date This subsection shall apply to appointments made on or after January 3, 2023. (k) Qualifications of certain officers of the De- partment of State (1) Officer having primary responsibility for personnel management The officer of the Department of State with primary responsibility for assisting the Sec- retary with respect to matters relating to per- sonnel in the Department of State, or that of- ficer’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 Sec- retary with respect to diplomatic security, or that officer’s principal deputy, shall have sub- stantial 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 enforce- ment The officer of the Department of State with primary responsibility for assisting the Sec- retary with respect to international narcotics and law enforcement, or that officer’s prin- cipal deputy, shall have substantial profes- sional qualifications in the fields of (A) man- agement, and (B) law enforcement or inter- national 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 ambas- sador; (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 dele- gated 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; Page 1063 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a (C) serve as the lead representative of the United States in diplomatic engagement on sanctions matters; (D) consult and closely coordinate with al- lies and partners of the United States, in- cluding the United Kingdom, the European Union and member countries of the Euro- pean Union, Canada, Australia, New Zea- land, 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 devel- opment 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 implementa- tion of sanctions policy. (4) Direct hire authority (A) In general The head of the Office may appoint, with- out regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as de- fined in section 2102 of that title, in the Of- fice. (B) Termination The authority provided under subpara- graph (A) shall terminate on 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 na- tional, regional, or local level; (II) any governing party or coalition of a foreign government at the national, re- gional, or local level; or (III) any entity majority-owned or ma- jority-controlled by a foreign govern- ment 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 non- governmental organization that is more than 33 percent owned or controlled by the government of such country. (C) Representation The term ‘‘representation’’ does not in- clude 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 Sec- retary of State or the Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18 shall apply to any such per- son who knowingly represents, aids, or advises a foreign governmental entity before an offi- cer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in car- rying 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 Ambas- sador 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 em- ployee in carrying out his or her official du- ties 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 em- ployee of the executive branch of the United States with the intent to influence a deci- sion of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s serv- ice 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 Page 1064 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a 2 So in original. The word ‘‘and’’ probably should not appear. 3 See References in Text note below. the President to the positions referenced in this subsection on or after 120 days after De- cember 23, 2022. (7) Sunset The restrictions under this subsection shall expire on the date that is 5 years after Decem- ber 23, 2022. (n) Chief Artificial Intelligence Officer (1) In general There shall be within the Department of State a Chief Artificial Intelligence Officer, which may be dual-hatted as the Department’s Chief Data Officer, who shall be a member of the Senior Executive Service. (2) Duties described The principal duties and responsibilities of the Chief Artificial Intelligence Officer shall be— (A) to evaluate, oversee, and, if appro- priate, facilitate the responsible adoption of artificial intelligence (AI) and machine learning applications to help inform deci- sions by policymakers and to support pro- grams and management operations of the Department of State; and (B) to act as the principal advisor to the Secretary of State on the ethical use of AI and advanced analytics in conducting data- informed diplomacy. (3) Qualifications The Chief Artificial Intelligence Officer should be an individual with demonstrated skill and competency in— (A) the use and application of data ana- lytics, AI, and machine learning; and (B) transformational leadership and orga- nizational change management, particularly within large, complex organizations. (4) Partner with the Chief Information Officer on scaling artificial intelligence use cases To ensure alignment between the Chief Arti- ficial Intelligence Officer and the Chief Infor- mation Officer, the Chief Information Officer will consult with the Chief Artificial Intel- ligence Officer on best practices for rolling out and scaling AI capabilities across the Bureau of Information and 2 Resource Management’s broader portfolio of software applications. (5) Artificial intelligence defined In this subsection, the term ‘‘artificial intel- ligence’’ has the meaning given the term in section 238(g) of the National Defense Author- ization Act for Fiscal Year 2019 3 (Public Law 115–232; 10 U.S.C. 4001 note). (o) Special Envoy to the Pacific Islands Forum (1) Appointment The President shall appoint, by and with the advice and consent of the Senate, a qualified individual to serve as Special Envoy to the Pa- cific Islands Forum (referred to in this section as the ‘‘Special Envoy’’). (2) Considerations (A) Selection The Special Envoy shall be— (i) a United States Ambassador to a country that is a member of the Pacific Is- lands Forum; or (ii) a qualified individual who is not de- scribed in clause (i). (B) Limitations If the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador— (i) may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Is- lands Forum; and (ii) shall not receive additional com- pensation for his or her service as Special Envoy. (3) Duties The Special Envoy shall— (A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and (B) carry out such other duties as the President or the Secretary of State may pre- scribe. (Aug. 1, 1956, ch. 841, title I, § 1, 70 Stat. 890; re- numbered 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; Pub. L. 118–31, div. F, title LXIII, § 6303, title LXIV, § 6405(b), Dec. 22, 2023, 137 Stat. 986, 998.) 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, Tu- berculosis, and Malaria Act of 2003, referred to in sub- Page 1065 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a sec. (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 Authoriza- tion Act of 2022. Title XCV of div. I, relating to Infor- mation 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 pre- ceding section 4061 of Title 10, Armed Forces. CODIFICATION 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. 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), redesig- nated 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 Migra- tion. Subsec. (i). Pub. L. 117–81, § 5105, added subsec. (i). Subsec. (j). Pub. L. 117–81, § 5103(1), redesignated sub- sec. (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 As- sistant 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 Sec- retary 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 ‘‘commu- nity based organizations)’’ wherever appearing, was ex- ecuted 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), respec- tively. Subsec. (f)(2)(B)(ii)(IX). Pub. L. 110–293, § 102(2)(E), in- serted ‘‘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 subpara- graph, the President shall give priority to those coun- tries 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 assist- ance 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 re- lated to the qualifications of officers having primary responsibility for personnel management and for diplo- matic 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 ex- isting 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 sub- sec. (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 Assist- ant 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). Page 1066 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a 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 oper- ate passport and despatch agencies.’’ Subsec. (a)(2). Pub. L. 103–415 inserted ‘‘and the Dep- uty 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 2012 AMENDMENT 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. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1213 of Pub. L. 105–277 effec- tive 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 effec- tive Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. 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 bu- reaus of the Department of State when executive or- ders, regulations, or departmental directives imple- menting such amendments become effective, or 90 days after the date of enactment of this Act [Apr. 30, 1994], whichever comes earlier.’’ EFFECTIVE DATE OF 1982 AMENDMENT 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. NEEDS-BASED CHILDCARE SUBSIDIES ENROLLMENT PERIOD Pub. L. 118–159, div. G, title LXXI, § 7111, Dec. 23, 2024, 138 Stat. 2526, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Department [of State] and USAID [United States Agency for International Development] shall— ‘‘(1) issue and maintain guidance on how to apply for any program authorized under section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107–67; 115 Stat. 552) [former 40 U.S.C. 490b–1, see 40 U.S.C. 590(g)]; and ‘‘(2) consider using maximum flexibilities to accept applications throughout the year or in accordance with Qualifying Life Event changes (as defined by the Federal Employees Health Benefits Program (FEHB)).’’ LEVERAGING APPROVED TECHNOLOGY FOR ADMINISTRATIVE EFFICIENCIES Pub. L. 118–159, div. G, title LXXIII, § 7305, Dec. 23, 2024, 138 Stat. 2543, provided that: ‘‘The Secretary [of State] and Administrator [of the United States Agency for International Development] shall ensure appro- priate and secure technological solutions are author- ized and available for employee use, where feasible, to promote technological fluency in the workforce, in- cluding the integration of secure tools in the evalua- tion process to ensure performance management stand- ards while maximizing efficiency.’’ AUTHORIZATION Pub. L. 118–31, div. F, title LXI, § 6107(b), Dec. 22, 2023, 137 Stat. 967, provided that: ‘‘The Secretary [of State] is authorized to hire additional, permanent, dedicated staff for the Office of Authentications.’’ 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 enact- ment 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 competi- tive 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 can- didates under 2210 Information Technology Manage- ment, 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 intern- ship 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 De- partment [of State]’s Chief Data Officer. The Bureau Chief Data Officers hired under this program shall re- port 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 De- partment. ‘‘(B) Promoting increased data analytics use in critical decisionmaking areas. ‘‘(C) Promoting data integration and standardiza- tion. ‘‘(D) Increasing efficiencies across the Depart- ment by incentivizing acquisition of enterprise data solutions and subscription data services to be shared across bureaus and offices and within bu- reaus. ‘‘(b) IMPLEMENTATION PLAN.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this division [Dec. 22, 2023], Page 1067 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a the Secretary shall submit to the appropriate com- mittees of Congress an implementation plan that out- lines 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 Of- ficer to each bureau of the Department; and ‘‘(D) allocation of necessary resources to sustain the Program. ‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—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 Rep- resentatives]; ‘‘(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appro- priations of the Senate; and ‘‘(C) the Committee on Oversight and Account- ability 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 cur- rently employed personnel as Bureau Chief Data Offi- cers. ‘‘(d) ANNUAL REPORTING REQUIREMENT.—Not later than 180 days after the date of the enactment of this di- vision, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appro- priate 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 im- plement the Government Accountability Office’s High Risk List recommendations as applicable to the De- partment [of State] for the following activities: ‘‘(1) Improving the management of IT acquisitions and operations. ‘‘(2) Improving strategic human capital manage- ment. ‘‘(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 Sec- retary 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 Ac- countability Office’s High Risk List recommendations as applicable to the Department described in sub- section (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 Of- fice 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 partner- ship 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 depart- mental award for any exemplary employee who rec- ommends, 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, as amended by Pub. L. 118–159, div. G, title LXXV, § 7505, Dec. 23, 2024, 138 Stat. 2546, provided that: ‘‘(a) NOTIFICATION.— ‘‘(1) IN GENERAL.—With respect to any covered offi- cial whose security clearance is suspended or re- voked, the Secretary [of State] shall— ‘‘(A) submit to the Chair and Ranking Member of the appropriate congressional committees [Com- mittee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Rep- resentatives], 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 notifica- tion not later than 15 days after the suspension or revocation of such clearance; and ‘‘(B) brief the Chair and Ranking Member of the appropriate congressional committees, the Major- ity Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Represent- atives, and the Minority Leader of the House of Representatives not later than 30 days after such suspension or revocation on— ‘‘(A) [sic] the present employment status of the covered official and whether the job duties of the covered official have changed since such suspen- sion or revocation; ‘‘(B) the basis for such suspension or revoca- tion, including a complete description; ‘‘(C) the investigation of the covered official and the results of such investigation; and ‘‘(D) any negative fallout or impacts for the De- partment of State, the United States Govern- ment, or national security of the United States as a result of the actions for which the security clearance was suspended or revoked..[sic] ‘‘(2) SUBMISSION TO INTELLIGENCE COMMITTEES.—To the extent the basis for any suspension or revocation of a security clearance is premised on the unauthor- ized release of intelligence (as defined by section 3(1) of the National Security Act of 1947 (50 U.S.C. 3003(1)), the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives shall be an appro- priate congressional committee for the purposes of this section. ‘‘(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 equiva- lent in the Department of State. ‘‘(2) Any individual holding the position of chief of mission or principal officer at any diplomatic or con- sular post. Page 1068 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a ‘‘(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 ve- hicle charging and other parking services, in facili- ties operated by or for the Department [of State]; and ‘‘(2) charge fees for such services that may be de- posited into the appropriate account of the Depart- ment, to remain available until expended for the pur- poses 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 re- quirements with respect to an employee or prospective employee of the Department of State for a civilian po- sition categorized under the GS–0130 occupational se- ries if the Secretary determines that the individual possesses significant scientific, technological, engi- neering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying expe- rience. 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 Of- fice of Personnel Management the rationale for the de- cision 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 de- velop and implement mechanisms and programs, as appropriate, through the head of the Office of Sanc- tions Coordination established pursuant to sub- section (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 develop- ment 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, Can- ada, Australia, New Zealand, Japan, and South Korea. ‘‘(2) INFORMATION SHARING.—The Secretary should pursue the development and implementation of mech- anisms and programs under paragraph (1), as appro- priate, that involve the sharing of information with respect to policy development and sanctions imple- mentation. ‘‘(3) CAPACITY BUILDING.—The Secretary should pur- sue 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 capac- ities to develop and implement sanctions authorities. ‘‘(4) EXCHANGE PROGRAMS.—In furtherance of the ef- forts described in paragraph (3), the Secretary, in co- ordination 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 es- tablishing exchange programs for the temporary de- tail of Federal Government employees to share infor- mation 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 Sec- retary of State shall brief the appropriate congres- sional committees on the efforts of the Department of State to implement this section, including a de- scription 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 para- graph (1), with respect to the development and im- plementation of sanctions policy; and ‘‘(D) obstacles preventing closer coordination be- tween the United States and such allies and part- ners with respect to the development and imple- mentation of sanctions policy. ‘‘(c) SENSE OF CONGRESS.—It is the sense of the Con- gress 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 DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Foreign Relations, the Com- mittee 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 Com- mittee 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 author- ized 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, pro- vide additional paid leave to address employee hard- ships 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 Adminis- trator shall consult with the Committee on Appropria- tions and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Rep- resentatives 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 Inter- national Development may authorize any oath of office required by law to, in particular circumstances that could otherwise pose health risks, be administered re- motely, subject to appropriate verification: Provided, Page 1069 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a That prior to initially exercising the authority of this section, the Secretary and the Administrator shall each submit a report to the Committee on Appropria- tions and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Rep- resentatives 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 Sep- tember 30, 2021.’’ COORDINATOR OF UNITED STATES GOVERNMENT ACTIVI- TIES PROVIDING BASIC EDUCATION ASSISTANCE IN DE- VELOPING COUNTRIES Pub. L. 112–74, div. I, title VII, § 7034(q)(2), Dec. 23, 2011, 125 Stat. 1217, provided that: ‘‘The position of Co- ordinator established pursuant to section 664 of divi- sion J of Public Law 110–161 [set out below] shall, with- in 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 Adminis- trator and shall report directly to the Administrator: Provided further, That the responsibilities of the Coordi- nator 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 sec- tion shall hereafter no longer apply to the Coordi- nator.’’ 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 Coordi- nator of United States Government activities to pro- vide basic education assistance in developing countries (hereinafter in this section referred to as the ‘Coordi- nator’). ‘‘(c) RESPONSIBILITIES.—That [sic] the Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activi- ties of the United States Government that provide as- sistance 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 Ac- tions to Provide Basic Education Assistance in devel- oping 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 ac- tions to provide basic education assistance in devel- oping 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 Ad- visor 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 not- withstanding 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 enu- merated 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 Commit- tees 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 im- mediate office of the Director of United States Foreign Assistance an Advisor for Activities Relating to Indige- nous Peoples Internationally (hereinafter in this sec- tion referred to as the ‘Advisor’), who shall be ap- pointed by the Director. The Advisor shall report di- rectly 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 indige- nous peoples internationally and should represent the United States Government on such matters in meet- ings with foreign governments and multilateral insti- tutions. ‘‘(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 internation- ally. ‘‘(3) Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and im- pact assessments (including support for local indige- nous 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 sec- tion. ‘‘(d) REPORT.—Not later than one year after the en- actment of this Act [Dec. 26, 2007], the Secretary shall submit a report to the Committees on Appropriations describing progress made in implementing this sec- tion.’’ 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 respon- sibilities 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 bu- reaus 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 Re- construction and Stabilization, who shall report di- rectly to the Secretary of State: Provided further, That the functions of the Office of the Coordinator for Re- construction 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 enti- ties 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 coun- tries or regions described in paragraph (1); ‘‘(3) assessing crises in countries or regions de- scribed in paragraph (1) and determining the appro- priate 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 Page 1070 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2651a ‘‘(6) coordinating the training of civilian personnel to perform stabilization and reconstruction activities in response to crises in such countries or regions de- scribed 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 fis- cal 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 addi- tion to such other information as the Secretary con- siders appropriate, the report shall include the fol- lowing: ‘‘(A) The objectives of the task force. ‘‘(B) Measures for achieving the objectives under subparagraph (A). ‘‘(C) Identification of the official of the Depart- ment with primary responsibility for the issue of ‘rightsizing’. ‘‘(D) The plans of the Department for the re- allocation 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 work- ing 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 sub- mit 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 Con- gress, with respect to the preceding calendar year, con- cerning 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 appro- priated 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 activi- ties directly related to minority recruitment, such as recruitment materials designed to target members of minority groups and the travel expenses of recruit- ment trips to colleges, universities, and other institu- tions or locations. ‘‘(2) LIMITATION.—Amounts authorized to be appro- priated 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 INSTITU- TIONS.—The Secretary shall expand the recruitment ef- forts of the Department to include not less than 25 per- cent 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 Sec- retary 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 ap- propriate congressional committees on the evaluation of efforts to recruit such individuals, including an anal- ysis of the information collected in the database cre- ated under this subsection. Such report shall be in- cluded in each of the two reports required under section 324 [set out as a note above].’’ STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE 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 responsi- bility for promoting regional cooperation in and co- ordinating United States policy toward Northeastern Europe.’’ 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 des- ignate a senior-level official of the Department of State as the Science and Technology Adviser to the Sec- retary of State (in this section referred to as the ‘Ad- viser’). The Adviser shall have substantial experience in the area of science and technology. The Adviser shall report to the Secretary of State through the appro- priate Under Secretary of State. ‘‘(b) DUTIES.—The Adviser shall— ‘‘(1) advise the Secretary of State, through the ap- propriate 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 re- appointed 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 enact- Page 1071 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2652b ment of the amendments made by this section and sec- tion 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 DEPART- MENT OF STATE WHOSE AUTHORITY IS VESTED IN SECRETARY OF STATE DEEMED REFERENCES TO SEC- RETARY 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 amend- ments made by this Act, a reference in any other provi- sion 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 Fi- nancial 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 ap- propriations upon establishment of position within De- partment of State of Deputy Assistant Secretary for Burdensharing and set forth responsibilities of posi- tion, was repealed by Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2302, Oct. 21, 1998, 112 Stat. 2681–825. DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘Department’’, and ‘‘appropriate congressional committees’’ as used in sec- tions 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. Executive Documents AUTHORIZATION TO REDELEGATE CERTAIN RESPONSIBIL- ITIES 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 con- solidation of the Arms Control and Disarmament Agen- cy 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 dele- gated to the Secretary of State by any act, order, de- termination, delegation of authority, regulation, or Ex- ecutive 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 Inter- national 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 Disar- mament Agency, see section 6511 et seq. of this title.] DELEGATION OF AUTHORITY UNDER SECTION 1(j)(4) OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956 Memorandum of President of the United States, Feb. 8, 2024, 89 F.R. 14367, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the functions and authority vested in the President by sec- tion 1(j)(4) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j)(4)) to submit to the Com- mittee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Rep- resentatives the justification required in conjunction with the renewal of a temporary appointment pursuant to section 1(j)(3) of such Act (22 U.S.C. 2651a(j)(3)). You are authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. §§ 2652, 2652a. Repealed. Pub. L. 103–236, title I, § 162(a), (b), Apr. 30, 1994, 108 Stat. 405 Section 2652, May 26, 1949, ch. 143, § 1, 63 Stat. 111; Feb. 7, 1953. ch. 2, 67 Stat. 4; Aug. 5, 1955, ch. 576, § 1, 69 Stat. 536; June 30, 1958, Pub. L. 85–477, ch. V, § 502(j)(1), 72 Stat. 274; July 18, 1958, Pub. L. 85–524, § 1, 72 Stat. 363; July 13, 1972, Pub. L. 92–352, title I, § 103(a)(1), 86 Stat. 490; Aug. 17, 1977, Pub. L. 95–105, title I, § 109(c), 91 Stat. 847; Oct. 7, 1978, Pub. L. 95–426, title I, § 114(a)(1), 92 Stat. 968; Aug. 16, 1985, Pub. L. 99–93, title I, §§ 115(a), 116(a), 99 Stat. 411; Aug. 27, 1986, Pub. L. 99–399, title I, § 104(b), 100 Stat. 856, established positions in Department of State of Deputy Secretary of State, Under Secretary of State for Political Affairs, Under Secretary of State for Economic and Agricultural Affairs, Under Secretary of State for Management, and Assistant Secretaries of State. Section 2652a, Pub. L. 95–426, title I, § 115(a), Oct. 7, 1978, 92 Stat. 969, established position in Department of State of Assistant Secretary of State for International Narcotics Matters. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable with respect to officials, offices, and bureaus of Department of State when executive or- ders, regulations, or departmental directives imple- menting the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as an Effective Date of 1994 Amendment note under section 2651a of this title. § 2652b. Assistant Secretary of State for South Asian Affairs (a) Establishment of position There is established in the Department of State the position of Assistant Secretary of State for South Asian Affairs. (b) Appointment The Assistant Secretary shall be appointed by the President, by and with the advice and con- sent of the Senate. (c) Repealed. Pub. L. 103–236, title I, § 162(c)(1), Apr. 30, 1994, 108 Stat. 405 (d) Repealed and Omitted (1) Repealed. Pub. L. 103–236, title I, § 162(c)(3), Apr. 30, 1994, 108 Stat. 405. (2) Omitted.