-CITE- 22 USC CHAPTER 38 - DEPARTMENT OF STATE 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- CHAPTER 38 - DEPARTMENT OF STATE -MISC1- Sec. 2651. Establishment of Department. 2651a. Organization of Department of State. (a) Secretary of State. (b) Under Secretaries. (c) Assistant Secretaries. (d) Other senior officials. (e) Coordinator for Counterterrorism. (f) HIV/AIDS response Coordinator. (g) Qualifications of certain officers of the Department of State. 2652, 2652a. Repealed. 2652b. Assistant Secretary of State for South Asian Affairs. (a) Establishment of position. (b) Appointment. (c) Repealed. (d) Repealed and Omitted. (e) Implementation. 2652c. Assistant Secretary of State for Verification and Compliance. (a) Designation of position. (b) Directive governing the Assistant Secretary of State. (c) Duties. 2653 to 2655. Repealed. 2655a. Bureau of Oceans and International Environmental and Scientific Affairs within Department of State; Assistant Secretary of State as head of Bureau. 2655b. Diplomatic presence overseas. (a) Purpose. (b) Authority. (c) Training. 2656. Management of foreign affairs. 2656a. Congressional declaration of findings of major significance of modern scientific and technological advances in foreign policy. 2656b. Congressional declaration of policy regarding consequences of science and technology on conduct of foreign policy. 2656c. Responsibilities of President. (a) Identification, evaluation and initiation of scientific and technological developments. (b) Repealed. (c) Disclosure of sensitive information. (d) Availability to United States Trade Representative of information and recommendations. 2656d. Responsibilities of Secretary of State. (a) Coordination and oversight over science and technology agreements between United States and foreign countries, etc. (b) Long-term contracts, grants, to obtain studies, etc., with respect to application of science and technology to foreign policy. (c) Long-term and short-term contracts, grants, to train officers and employees in application of science and technology to problems of foreign policy. (d) Detached service for graduate studies. 2656e. Terrorism-related travel advisories. 2656f. Annual country reports on terrorism. (a) Requirement of annual country reports on terrorism. (b) Provisions to be included in report. (c) Classification of report. (d) Definitions. (e) Reporting period. 2656g. Report on terrorist assets in United States. (a) Reports to Congress. (b) Definitions. 2656h. International credit reports. (a) Report on loan criteria. (b) Reports on loans. 2656i. Counterdrug and anticrime activities of Department of State. (a) Counterdrug and law enforcement strategy. (b) Information on international criminals. (c) Overseas coordination of counterdrug and anticrime programs, policy, and assistance. 2657. Custody of seals and property. 2658. Repealed. 2659. State statutes to be procured. 2660. Copies of treaties furnished to Public Printer. 2661. Procurement of information for corporations, firms and individuals; expense of cablegrams and telephone service involved; appropriation. 2661a. Foreign contracts or arrangements; discrimination. 2661b. Services provided to the press. 2662, 2663. Transferred or Omitted. 2664. Distribution of duties of officers, clerks, and employees. 2664a. Protection of Civil Service employees. (a) Findings. (b) Equitable reduction of budget. (c) Establishment of Office of the Ombudsman for Civil Service Employees. (d) "Civil Service employees" defined. 2665. Personal services other than those provided for. 2665a. Foreign Service fellowships. 2666, 2667. Repealed. 2668. Requisitions for advances to pay lawful obligations. (a) Authorization; accounting. (b) Removal of outstanding charges. (c) Financial liability of disbursing agent or official. 2668a. Disposition of trust funds received from foreign governments for citizens of United States. 2669. Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security; special purpose passenger motor vehicles; pay obligations arising under international conventions or contracts; personal service contracts. 2669-1. Payment of tort claims arising in connection with overseas operations. 2669a. Diplomatic Telecommunications Service. (a) Diplomatic Telecommunications Service financial management. (b) DTS Policy Board. (c) DTS consolidation pilot program. (d) DTS planning report. 2669b. Reaffirming United States international telecommunications policy. (a) Procurement policy. (b) Implementation. 2670. Insurance on motor vehicles in foreign countries; tie lines and teletype equipment; ice and drinking water; excise taxes on negotiable instruments; remains of deceased persons; relief, protection, and burial of seamen; acknowledgment of services of foreign vessels and aircraft; rentals and leases. 2671. Emergency expenditures. (a) Delegation of authority pertaining to certification of expenditures. (b) Activities subject to expenditures. (c) Annual confidential audit and report. (d) Repatriation loan program. 2672. Participation in international activities; restriction; expenses. 2672a. Alternate United States Commissioners for international fisheries commissions. 2672b. Compensation of Alternate United States Commissioners; travel expenses and other allowances. 2673. International Civil Aviation Organization; availability of funds for participation. 2674. Availability of exchange allowances or proceeds derived from exchange or sale of motor vehicles. 2675. Allocation or transfer to other agencies of funds appropriated to Department of State; authority for expenditure of funds. 2676. Contracts in foreign countries. 2677. Availability of funds for travel expenses and transportation of personal effects, household goods, or automobiles. 2678. Reduction in earmarks if appropriations are less than authorizations. 2679. Maximum rates of per diem in lieu of subsistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and assistance. 2679a. Procurement contracts. (a) Funding for periods not in excess of five years; conditions. (b) Cancellation of contracts. 2679b. Prohibition against fraudulent use of "Made in America" labels. 2679c. Prohibition on discriminatory contracts. (a) Prohibition. (b) Waiver by Secretary of State. (c) Responses to contract solicitations. (d) Review and termination. 2680. Appropriations for State Department; information to Congressional committees. 2680-1. Deadline for responses to questions from Congressional committees. (a) In general. (b) Specified committees. 2680-2. Facilitating access to Department of State. (a) Procedures to facilitate access. (b) Parking. 2680a. Compensation for disability or death. 2681. International broadcasting facilities; transfer to Department of State; acquisition of property. 2682. Liquidation and disposal of broadcasting facilities. 2683. Assumption of obligations of operation of broadcasting facilities. 2684. Capital fund for Department of State to centralize reproduction, editorial, data processing, audiovisual and other services; maximum amount; operation of fund. (a) Establishment of fund. (b) Charges to fund; credit to appropriations. 2684a. Capital Investment Fund. (a) Establishment. (b) Funding. (c) Availability. (d) Expenditures from Fund. (e) Reprogramming procedures. 2685. Reimbursement for detailed State Department personnel. 2686. Review of world-wide supply, demand, and price of basic raw and processed materials. 2686a. Appointment of Special Coordinator for water policy negotiations and water resources policy. (a) Designation. (b) Other responsibilities. 2687. Use of appropriated funds for unusual expenses of United States Representative to Organization of American States. 2688. Ambassadors; criteria regarding selection and confirmation. 2689. American Sections, International Joint Commission, United States and Canada; funds for representation expenses and official entertainment within the United States. 2690. Foreign gifts; audit; reports to Congress. 2691. Repealed. 2692. Compensation for persons participating in State Department proceedings; availability of funds. 2693. Repealed. 2694. Limitation on purchase of gifts for foreign individuals; report to Speaker of the House and chairman of the Committee on Foreign Relations of the Senate. 2695. Administrative services. (a) Agreements. (b) Payment. 2695a. Foreign language services. (a) Surcharge for certain foreign language services. (b) Use of funds. 2695b. Omitted. 2696. Nondiscretionary personnel costs, currency fluctuations, and other contingencies. (a) Additional appropriations. (b) Appropriations authorization based on currency fluctuations. (c) Availability of appropriations until expended. (d) Accounts subject to percentage limitation. (e) Availability of funds for twelve-month contracts to be performed in two fiscal years. 2697. Acceptance of gifts on behalf of United States. (a) Unconditional and conditional gifts. (b) Disposition. (c) Evidences of unconditional gift of intangible personal property. (d) Use of real property or tangible personal property received unconditionally. (e) Taxation. (f) Availability of statutory authorities to Broadcasting Board and Administrator of AID. 2698. Procurement of legal services. 2699. Employment opportunities for family members. 2700. Use of vehicles. 2701. Educational facilities. 2702. Malpractice protection. (a) Exclusiveness of designated remedies. (b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings. (c) Removal of actions; remand or dismissal; suspension of limitations. (d) Compromise or settlement of claims. (e) Inapplicability of section 2680(h) of title 28. (f) Holding harmless or providing for liability insurance. (g) Medical care or related service within scope of employment. 2703. Services and facilities for employees at posts abroad. (a) Non-Government-operated services; applicability of other provisions of law. (b) Emergency commissary and mess services. (c) Availability; duplication of facilities and services. (d) Charges. (e) Child care facilities. 2704. Subsistence expenses. 2705. Documentation of citizenship. 2706. Reprograming of funds; notice requirements. (a) In general. (b) Final 15 days in which funds available. (c) Waiver. 2707. International communications and information policy; duties of Secretary of State. 2708. Department of State rewards program. (a) Establishment. (b) Rewards authorized. (c) Coordination. (d) Funding. (e) Limitations and certification. (f) Ineligibility. (g) Reports. (h) Publication regarding rewards offered by foreign governments. (i) Media surveys and advertisements. (j) Determinations of Secretary. (k) Definitions. 2708a. Award of Thomas Jefferson Star for Foreign Service. (a) Authority to award. (b) Selection criteria. (c) Award in the event of death. (d) Form of award. (e) Funding. 2709. Special agents. (a) General authority. (b) Agreements with Attorney General and Secretary of the Treasury and firearms regulations. (c) Secret Service not affected. 2710. Expenses relating to participation in arbitrations of certain disputes. (a) International agreements. (b) Contracts abroad. (c) Procurement of services. (d) International Litigation Fund. (e) Retention of funds. 2711. Counterterrorism Protection Fund. (a) Authority. (b) Authorization of appropriations. (c) Designation of Fund. 2712. Authority to control certain terrorism-related services. (a) Authority. (b) Services subject to control. (c) Persons subject of controls. (d) Licenses. (e) Definitions. (f) Violations. (g) Congressional oversight. (h) Relationship to other laws. 2713. Protection of historic and artistic furnishings of reception areas of the Harry S Truman Federal Building. (a) In general. (b) Disposition of historic and artistic items. (c) "Reception areas" defined. 2714. Denial of passports to certain convicted drug traffickers. (a) Ineligibility for passport. (b) Drug law offenses. (c) Period of ineligibility. (d) Emergency and humanitarian exceptions. (e) Definitions. 2715. Procedures regarding major disasters and incidents abroad affecting United States citizens. (a) Authority. (b) Definitions. 2715a. Provision of information on certain violent crimes abroad to victims and victims' families. (a) Sense of Congress. (b) Responsibility. (c) Limitations. 2715b. Notification of next of kin; reports of death. (a) In general. (b) Reports of death or presumptive death. (c) Implementing regulations. 2715c. Conservation and disposition of estates. (a) Conservation of estates abroad. (b) Disposition of estates by the Secretary of State. (c) Losses in connection with the conservation of estates. (d) Regulations. 2716. Debt collection. (a) Contract authority. (b) Disclosure of delinquent debt to credit reporting agencies. 2717. Defense trade controls registration fees. 2718. Fees received for use of Blair House. (a) Use of fees. (b) Compliance with Budget Act. 2719. Grants for training and education in international affairs. 2720. Closing of consular and diplomatic posts abroad. (a) Prohibited uses of funds. (b) Post closing notification. (c) Reprogramming treatment. (d) Exceptions. (e) "Consular or diplomatic post" defined. 2721. Impermissible basis for denial of passports. 2722. International meetings. (a) Authority to pay expenses. (b) Retention of reimbursements. 2723. Denial of visas. (a) Report to Congress. (b) Limitation. (c) Appropriate committees. 2724. Fees for commercial services. (a) Authority to charge fee. (b) Use of fees. 2725. Fees for use of the George P. Shultz National Foreign Affairs Training Center. 2726. Fee for use of diplomatic reception rooms. 2727. Accounting of collections in budget presentation documents. 2728. Crimes committed by diplomats. (a) Annual report concerning diplomatic immunity. (b) United States policy concerning reform of diplomatic immunity. (c) Notification of diplomatic corps. 2729. State Department records of overseas deaths of United States citizens from nonnatural causes. (a) Collection of information. (b) Database. (c) Public availability of information. 2730. Prohibition on funding the involuntary return of refugees. (a) Prohibition. (b) Congressional notification required in all cases. (c) Statutory construction. (d) Definitions. 2731. Monitoring and combating anti-Semitism. (a) Office to Monitor and Combat anti-Semitism. (b) Purpose of Office. (c) Consultations. 2732. Public diplomacy responsibilities of the Department of State. (a) Integral component. (b) Coordination and development of strategy. (c) Objectives. (d) Identification of United States foreign assistance. -End- -CITE- 22 USC Sec. 2651 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2651. Establishment of Department -STATUTE- There shall be at the seat of government an executive department to be known as the "Department of State", and a Secretary of State, who shall be the head thereof. -SOURCE- (R.S. Sec. 199.) -COD- CODIFICATION R.S. Sec. 199 derived from acts July 27, 1789, ch. 4, Sec. 1, 1 Stat. 28; Sept. 15, 1789, ch. 14, Sec. 1, 1 Stat. 68. Section was formerly classified to section 151 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC1- EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100-204, title XIII, Sec. 1301, Dec. 22, 1987, 101 Stat. 1432, provided that: "Except as otherwise provided in this Act [see Short Title of 1987 Amendment note below], this Act shall take effect on the date of its enactment [Dec. 22, 1987]." SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-332, Sec. 1, Oct. 16, 2004, 118 Stat. 1282, provided that: "This Act [enacting section 2731 of this title, amending sections 2151n, 2304, and 6412 of this title, and enacting provisions set out as notes under sections 2151n and 2731 of this title] may be cited as the 'Global Anti-Semitism Review Act of 2004'." SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-228, Sec. 1, Sept. 30, 2002, 116 Stat. 1350, provided that: "This Act [see Tables for classification] may be cited as the 'Foreign Relations Authorization Act, Fiscal Year 2003'." Pub. L. 107-228, div. A, Sec. 101, Sept. 30, 2002, 116 Stat. 1355, provided that: "This division [see Tables for classification] may be cited as the 'Department of State Authorization Act, Fiscal Year 2003'." SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-113, div. B, Sec. 1000(a)(7) [Sec. 1], Nov. 29, 1999, 113 Stat. 1536, 1501A-405, provided that: "This Act [H.R. 3427, as enacted by section 1000(a)(7) of Pub. L. 106-113, see Tables for classification] may be cited as the 'Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-277, div. G, subdiv. B, title XX, Sec. 2001, Oct. 21, 1998, 112 Stat. 2681-801, provided that: "This subdivision [see Tables for classification] may be cited as the 'Foreign Relations Authorization Act, Fiscal Years 1998 and 1999'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-236, Sec. 1, Apr. 30, 1994, 108 Stat. 382, provided that: "This Act [see Tables for classification] may be cited as the 'Foreign Relations Authorization Act, Fiscal Years 1994 and 1995'." SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-138, Sec. 1, Oct. 28, 1991, 105 Stat. 647, provided that: "This Act [enacting sections 269, 276c-4, 276l, 276m, 296a, 1475g, 1475h, 2075, 2652b, 2656g, 2656h, 2679b, 2680-1, 2686a, 2720, 2721, 2722, 2723, 2798, 4012a, 4351 to 4357, and 5601 to 5606 of this title and section 2410c of the Appendix to Title 50, War and National Defense, amending sections 277d-3, 290f, 294, 301, 1465ee, 1471, 1474, 1477c, 1928e, 2669, 2670, 2695, 2696, 2703, 2706, 2717, 2718, 2780, 2797b, 2797c, 2877, 2905, 3005, 3942, 3961, 3968, 4010, 4053, 4081, 4115, 4131, 4134, 4136, 4137, 4139, 4140, 4413, and 4852 of this title, sections 202 and 208 of Title 3, The President, sections 5315, 5523, 5551, 5922, 5923, and 5924 of Title 5, Government Organization and Employees, section 2051 of Title 19, Customs Duties, and section 2405 of the Appendix to Title 50, repealing section 4509 of this title and former sections 269 and 2075 of this title, enacting provisions set out as notes under this section, sections 287e, 290f, 1475g, 2452, 2778, 4001, 4115, 4351, 4354, 4356, and 5601 of this title, sections 202 and 208 of Title 3, sections 5315, 5551, and 5561 of Title 5, and section 1182 of Title 8, Aliens and Nationality, amending provisions set out as notes under sections 287e, 2680, and 4021 of this title and section 5561 of Title 5, and repealing provisions set out as notes under this section and sections 287e, 1461, 2656, and 4010 of this title] may be cited as the 'Foreign Relations Authorization Act, Fiscal Years 1992 and 1993'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-246, Sec. 1(a), Feb. 16, 1990, 104 Stat. 15, provided that: "This Act [enacting sections 1464a, 1464b, 1465aa to 1465ff, 1475f, 2414a, 2461, 2665a, 2678, 2715 to 2719, 2877a, 4027, 4141, 4141a to 4141c, 4863, and 4864 of this title, amending sections 277a, 277b, 277d-12, 290f, 300, 1461, 1465c, 1469, 1474, 1475e, 2456, 2460, 2606, 2656f, 2669, 2684, 2696, 2698, 2703, 2708, 2709, 2871, 2877, 3905, 3968, 4002, 4010, 4056, 4057, 4069a to 4069c, 4081, 4303, 4304, 4403, 4801, 4802, and 4852 of this title, sections 8345 and 9101 of Title 5, Government Organization and Employees, and section 1101 and 1182 of Title 8, Aliens and Nationality, repealing section 4192 of this title, enacting provisions set out as notes under this section, sections 287e, 1461, 1463, 1465aa, 1465c, 1469, 2151, 2456, 2460, 2656, 2715, 3941, 3968, 4001, 4140, 4171, 4301, and 4852 of this title, sections 5921 and 5928 of Title 5, and section 1102 of Title 8, amending provisions set out as notes under this section and sections 287, 2151, and 4851 of this title and section 1182 of Title 8, and repealing provisions set out as notes under sections 2414a and 2656 of this title] may be cited as the 'Foreign Relations Authorization Act, Fiscal Years 1990 and 1991'." SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-204, Sec. 1(a), Dec. 22, 1987, 101 Stat. 1331, provided that: "This Act [enacting sections 288f-3, 1464, 2656f, 2664a, 2713, 4069a to 4069c, 4315, 4316, 4341 to 4343, and 5201 to 5203 of this title, amending sections 288h, 290j-1, 1469, 1471, 1475e, 1477c, 1627, 1928a, 1928b, 2151n, 2291, 2304, 2460, 2661, 2670, 2697, 2706, 2707, 2778, 2877, 3905, 3922a, 3927, 3941, 3942, 3946, 3949, 3961, 3965, 4001, 4010, 4023, 4137, 4173, 4302, 4303, 4305, 4403, 4412, 4413, 4831, 4834, 4851, 4861, and 4904 of this title, sections 5313, 5315, and 8332 of Title 5, Government Organization and Employees, section 1182 of Title 8, Aliens and Nationality, sections 2492 and 2605 of Title 19, Customs Duties, and section 1364 of Title 28, Judiciary and Judicial Procedure, enacting provisions set out as notes under this section, sections 287, 287e, 1461, 1463, 1471, 2601, 2656, 2680, 2697, 2707, 3922a, 3941 to 3943, 3946, 3965, 4041, 4301, 4315, 4316, 4341, 4802, 4851, and 5201 of this title, section 112b of Title 1, General Provisions, section 5313 of Title 5, sections 1182, 1201, and 1255a of Title 8, section 2901 of Title 15, Commerce and Trade, section 3181 of Title 18, Crimes and Criminal Procedure, section 2605 of Title 19, and section 1364 of Title 28, and amending provisions set out as notes under this section and sections 287, 287b, 287e, and 4021 of this title] may be cited as the 'Foreign Relations Authorization Act, Fiscal Years 1988 and 1989'." SHORT TITLE OF 1985 AMENDMENT Pub. L. 99-93, Sec. 1(a), Aug. 16, 1985, 99 Stat. 405, provided that: "This Act [enacting sections 1461-1a, 2592, 2606, 2709, 2710, 2883, 3922a, 3929a, 4309a, 4314, 4414, 4415, and 4701 to 4715 of this title, amending sections 290j-1, 1477c, 2357, 2589, 2601, 2605, 2652, 2669, 2685, 2704, 2871, 2875, 2877, 3930, 3945, 4084, 4301, 4302, 4304, 4305, 4403, and 4413 of this title, section 208 of Title 3, The President, sections 5314, 5315, and 5316 of Title 5, Government Organization and Employees, sections 2 and 11 of the Appendix to Title 5, section 1622 of Title 50, War and National Defense, and section 39 of Title 50, Appendix, repealing sections 2666 and 2667 of this title, enacting provisions set out as notes under sections 287e, 1477c, 1928, 2291, 2605, 2656, 2669, 2697, 2875, 2877, 3943, 3945, 4021, and 4314 of this title, section 1182 of Title 8, Aliens and Nationality, section 3181 of Title 18, Crimes and Criminal Procedure, section 701 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and section 1701 of Title 50, amending provisions set out as notes under this section and sections 287 and 287e of this title, and repealing provisions set out as a note under section 3901 of this title] may be cited as the 'Foreign Relations Authorization Act, Fiscal Years 1986 and 1987'." SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-350, Sec. 1, July 12, 1976, 90 Stat. 823, provided: "That this Act [enacting sections 817, 1065, 1076a, 1463, 1475a, 1928e, 2458a, 2661a, 2689, and 2690 of this title, amending sections 276e, 276i, 295, 889, 915, 1001, 1002, 1004, 1007, 1063, 1064, 1071, 1076, 1081, 1082, 1084, 1086, 1091, 1105, 1111, 1116, 1121, 1229, 1474, 1754, 2872, 2873, 2877, 2902, 2905, and 2906 of this title, repealing sections 1083, 1092, and 1094 of this title, and enacting provisions set out as notes under sections 801, 915, 1001, 1063, 1064, 1076, 1076a, 1086, 1091, 1121, 1229, and 2871 of this title] may be cited as the 'Foreign Relations Authorization Act, Fiscal Year 1977'." SHORT TITLE OF 1975 AMENDMENT Pub. L. 94-141, Sec. 1, Nov. 29, 1975, 89 Stat. 756, provided: "That this Act [enacting sections 276a-1, 1037 to 1037c, 2576, 2687, and 2688 of this title, amending sections 276, 276c, 295, 966, 991, 995, 1934, 2321d, 2551, 2562, 2585, 2589, 2590, 2601, 2666, 2679a, and 2791 of this title and section 5924 of Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 1037a and 2679a of this title, amending provision set out as a note under section 287e, and repealing provision set out as a note under section 966 of this title] may be cited as the 'Foreign Relations Authorization Act, Fiscal Year 1976'." SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-475, Sec. 1, Oct. 26, 1974, 88 Stat. 1439, provided: "That this Act [enacting sections 966, 2679a, 2680a, and 2686 of this title, amending sections 901a, 1439, 1476, and 2680 of this title, and section 5924 of Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 901a, 966, and 2151 of this title and amending provisions set out as notes preceding section 1 of Title 50, Appendix, War and National Defense] may be cited as the 'State Department/USIA Authorization Act, Fiscal Year 1975'." SHORT TITLE OF 1973 AMENDMENT Pub. L. 93-126, Sec. 1, Oct. 18, 1973, 87 Stat. 451, provided: "That this Act [enacting sections 287e-1, 901a, 2655a, and 2685 of this title and amending sections 276, 277d-28, 277d-29, 277d-31, 993, 1754, and 2823 of this title, section 194a of Title 2, The Congress, section 5924 of Title 5, Government Organization and Employees, and provisions set out as a note under section 214 of this title] may be cited as the 'Department of State Appropriations Authorization Act of 1973'." SHORT TITLE OF 1972 AMENDMENT Pub. L. 92-352, Sec. 1, July 13, 1972, 86 Stat. 489, provided: "That this Act [enacting sections 1474, 1475, 2291a, and 2821 to 2826 of this title and section 194a of Title 2, The Congress, amending sections 901, 1461, 1476, 2291, 2501a, 2502, 2589, 2652, 2653, and 2680 of this title, sections 5313, 5314, 5315, and 8331 of Title 5, Government Organization and Employees, and section 241 of former Title 31, Money and Finance, repealing section 2511 of this title, and enacting provisions set out as notes under sections 2511, 2571, and 2652 of this title, section 8331 of Title 5, and section 241 of former Title 31] may be cited as the 'Foreign Relations Authorization Act of 1972'." SHORT TITLE Act Aug. 1, 1956, ch. 841 (first sentence), as added by Pub. L. 102-138, title I, Sec. 111(2), Oct. 28, 1991, 105 Stat. 654, provided: "That this Act [enacting sections 2662, 2669 to 2672, 2673 to 2680a, 2684, 2687 to 2692, 2695 to 2723, 4301 to 4316, 4341 to 4343, and 4351 to 4357 of this title] may be cited as the 'State Department Basic Authorities Act of 1956'." Act Aug. 1, 1956, ch. 841, title I, Sec. 48, formerly Sec. 33, as added Oct. 17, 1980, Pub. L. 96-465, title II, Sec. 2201(a), 94 Stat. 2157, and renumbered Sec. 34 and redesignated title I, Aug. 24, 1982, Pub. L. 97-241, title I, Sec. 117, title II, Sec. 202(a), 96 Stat. 279, 282; renumbered Sec. 35 and Sec. 36, Nov. 22, 1983, Pub. L. 98-164, title I, Secs. 123, 124, 97 Stat. 1025; renumbered Sec. 37, Oct. 19, 1984, Pub. L. 98-533, title I, Sec. 102, 98 Stat. 2708; renumbered Sec. 38 and Sec. 39, Aug. 16, 1985, Pub. L. 99-93, title I, Secs. 125(a), 128, 99 Stat. 415, 419; renumbered Sec. 40 and Sec. 41, Aug. 27, 1986, Pub. L. 99-399, title V, Secs. 504(1), 506(1), 100 Stat. 871; renumbered Sec. 42, Dec. 22, 1987, Pub. L. 100-204, title I, Sec. 126(a)(1), 101 Stat. 1341; renumbered Sec. 43, Nov. 18, 1988, Pub. L. 100-690, title IV, Sec. 4603(1), 102 Stat. 4287; renumbered Sec. 44, Sec. 45, Sec. 46, Sec. 47, and Sec. 48, Feb. 16, 1990, Pub. L. 101-246, title I, Secs. 115(c)(1), 117(1), 118(1), 119(1), 150(1), 104 Stat. 23, 25, 26, 42, which provided that act Aug. 1, 1956, ch. 841, was to be cited as the "State Department Basic Authorities Act of 1956", was repealed by Pub. L. 102-138, title I, Sec. 111(1), Oct. 28, 1991, 105 Stat. 654. -TRANS- 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. -MISC2- 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, set out as a note under section 3345 of Title 5, Government Organization and Employees. COMPLIANCE WITH CONGRESSIONAL BUDGET ACT Pub. L. 101-246, title XI, Sec. 1101, Feb. 16, 1990, 104 Stat. 90, provided that: "(a) Limitation on Spending Authority. - Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) which is provided under this Act [see Short Title of 1990 Amendment note above] shall be effective for any fiscal year only to the extent or in such amounts as are provided in advance in appropriation Acts. "(b) Limitation on Contract Authority. - Any authority provided by this Act to enter into contracts shall be effective only - "(1) to the extent that the budget authority for the obligation to make outlays, which is created by the contract, has been provided in advance by an appropriation Act; or "(2) to the extent or in such amounts as are provided in advance in appropriation Acts." CHALLENGES TO APPOINTMENT AND CONTINUANCE IN OFFICE OF SECRETARY OF STATE FIRST APPOINTED AFTER MAY 3, 1980; CONSTITUTIONAL PROVISIONS GOVERNING COMPENSATION AND EMOLUMENTS Pub. L. 96-241, Sec. 2, May 3, 1980, 94 Stat. 343, provided that: "(a) Any person aggrieved by an action of the Secretary of State may bring a civil action in an appropriate United States district court to contest the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office. "(b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. Any review of the action of a court convened pursuant 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 Secretary of State who is first appointed to that office after the enactment of this Act [May 3, 1980]." -CROSS- DEFINITIONS Pub. L. 107-228, Sec. 3, Sept. 30, 2002, 116 Stat. 1355, provided 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 of the House of Representatives. "(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, Sec. 1000(a)(7) [Sec. 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. - Except as otherwise provided in section 902(1) [113 Stat. 1501A-475], the term 'appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. "(2) Secretary. - The term 'Secretary' means the Secretary of State." -End- -CITE- 22 USC Sec. 2651a 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2651a. Organization of Department of State -STATUTE- (a) Secretary of State (1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the "Secretary"). (2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate. (3)(A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President. (B)(i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. (ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers. (4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions. (b) Under Secretaries (1) In general There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5. (2) Under Secretary for Arms Control and International Security There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters. (3) Under Secretary for Public Diplomacy There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Public Diplomacy, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formation and implementation of United States public diplomacy policies and activities, including international educational and cultural exchange programs, information, and international broadcasting. The Under Secretary for Public Diplomacy shall - (A) prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department; (B) ensure the design and implementation of appropriate program evaluation methodologies; (C) provide guidance to Department personnel in the United States and overseas who conduct or implement public diplomacy policies, programs, and activities; (D) assist the United States Agency for International Development and the Broadcasting Board of Governors to present the policies of the United States clearly and effectively; and (E) submit statements of United States policy and editorial material to the Broadcasting Board of Governors for broadcast consideration. (4) Nomination of Under Secretaries Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the particular Under Secretary position in the Department of State that the individual shall have. (c) Assistant Secretaries (1) In general There shall be in the Department of State not more than 24 Assistant Secretaries of State, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5. (2) Assistant Secretary of State for Democracy, Human Rights, and Labor (A) There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Secretary of State shall carry out the Secretary's responsibility under section 2304 of this title through the Assistant Secretary. (B) The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy including the following: (i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 2151n and 2304 of this title are relevant. (ii) Preparing the statements and reports to Congress required under section 2304 of this title. (iii) Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 2151n and 2304 of this title, and as part of the Assistant Secretary's overall policy responsibility for the creation of United States Government human rights policy, advising the Administrator of the Agency for International Development on the policy framework under which section 2151n(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects. (iv) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries. (3) Nomination of Assistant Secretaries Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the regional or functional bureau or bureaus of the Department of State with respect to which the individual shall have responsibility. (d) Other senior officials In addition to officials of the Department of State who are otherwise authorized to be appointed by the President, by and with the advice and consent of the Senate, and to be compensated at level IV of the Executive Schedule of (!1) section 5315 of title 5 four other such appointments are authorized. (e) Coordinator for Counterterrorism (1) In general There is within the office of the Secretary of State a Coordinator for Counterterrorism (in this paragraph referred to as the "Coordinator") who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties (A) In general The Coordinator shall perform such duties and exercise such powers as the Secretary of State shall prescribe. (B) Duties described The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State. (3) Rank and status of Ambassador The Coordinator shall have the rank and status of Ambassador at Large. (f) HIV/AIDS Response Coordinator (1) In general There shall be established within the Department of State in the immediate office of the Secretary of State a Coordinator of United States Government Activities to Combat HIV/AIDS Globally, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary. (2) Authorities and duties; definitions (A) Authorities The Coordinator, acting through such nongovernmental organizations (including faith-based and community-based organizations) and relevant executive branch agencies as may be necessary and appropriate to effect the purposes of this section, is authorized - (i) to operate internationally to carry out prevention, care, treatment, support, capacity development, and other activities for combatting HIV/AIDS; (ii) to transfer and allocate funds to relevant executive branch agencies; and (iii) to provide grants to, and enter into contracts with, nongovernmental organizations (including faith-based and community-based organizations) to carry out the purposes of section. (B) Duties (i) In general The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to combat the HIV/AIDS pandemic, including all programs, projects, and activities of the United States Government relating to the HIV/AIDS pandemic under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 [22 U.S.C. 7601 et seq.] or any amendment made by that Act. (ii) Specific duties The duties of the Coordinator shall specifically include the following: (I) Ensuring program and policy coordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs. (II) Ensuring that each relevant executive branch agency undertakes programs primarily in those areas where the agency has the greatest expertise, technical capabilities, and potential for success. (III) Avoiding duplication of effort. (IV) Ensuring coordination of relevant executive branch agency activities in the field. (V) Pursuing coordination with other countries and international organizations. (VI) Resolving policy, program, and funding disputes among the relevant executive branch agencies. (VII) Directly approving all activities of the United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote d'Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Zambia, and other countries designated by the President, which other designated countries may include those countries in which the United States is implementing HIV/AIDS programs as of May 27, 2003. (VIII) Establishing due diligence criteria for all recipients of funds section and all activities subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities. (C) Definitions In this paragraph: (i) AIDS The term "AIDS" means acquired immune deficiency syndrome. (ii) HIV The term "HIV" means the human immunodeficiency virus, the pathogen that causes AIDS. (iii) HIV/AIDS The term "HIV/AIDS" means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (iv) Relevant executive branch agencies The term "relevant executive branch agencies" means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including the Public Health Service), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act. (g) Qualifications of certain officers of the Department of State (1) Officer having primary responsibility for personnel management The officer of the Department of State with primary responsibility for assisting the Secretary with respect to matters relating to personnel in the Department of State, or that officer's principal deputy, shall have substantial professional qualifications in the field of human resource policy and management. (2) Officer having primary responsibility for diplomatic security The officer of the Department of State with primary responsibility for assisting the Secretary with respect to diplomatic security, or that officer's principal deputy, shall have substantial professional qualifications in the fields of (A) management, and (B) Federal law enforcement, intelligence, or security. (3) Officer having primary responsibility for international narcotics and law enforcement The officer of the Department of State with primary responsibility for assisting the Secretary with respect to international narcotics and law enforcement, or that officer's principal deputy, shall have substantial professional qualifications in the fields of (A) management, and (B) law enforcement or international narcotics policy. -SOURCE- (Aug. 1, 1956, ch. 841, title I, Sec. 1, 70 Stat. 890; renumbered title I and amended Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 103-236, title I, Sec. 161(a), Apr. 30, 1994, 108 Stat. 402; Pub. L. 103-415, Sec. 1(f)(1), Oct. 25, 1994, 108 Stat. 4299; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1213, title XIII, Sec. 1313, subdiv. B, title XXIII, Secs. 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, Sec. 1(a)(2) [title IV, Sec. 404(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A-96; Pub. L. 107-228, div. A, title III, Sec. 303, Sept. 30, 2002, 116 Stat. 1377; Pub. L. 108-25, title I, Sec. 102(a), May 27, 2003, 117 Stat. 721; Pub. L. 108-458, title VII, Sec. 7109(b)(1), Dec. 17, 2004, 118 Stat. 3793.) -REFTEXT- 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, as amended, known as the State Department Basic Authorities Act of 1956, which enacted this section, sections 2669, 2670, 2671, 2672, 2673 to 2679a, 2680, 2680a, 2684, 2687 to 2690, 2692, 2695, 2696 to 2715, and 2715b to 2732 of this title, and chapters 53 (Sec. 4301 et seq.), 53A (Sec. 4341 et seq.), and 53B (Sec. 4351 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables. The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, referred to in subsec. (f)(2)(B)(i), is Pub. L. 108-25, May 27, 2003, 117 Stat. 711, which enacted chapter 83 and sections 262p-8 and 2151b-2 to 2151b-4 of this title, amended this section, sections 2151b and 2222 of this title, and section 242l of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 7601 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. -COD- 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, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC1- AMENDMENTS 2004 - Subsec. (b)(3). Pub. L. 108-458 inserted "The Under Secretary for Public Diplomacy shall - " at end and added subpars. (A) to (E). 2003 - Subsecs. (f), (g). Pub. L. 108-25 added subsec. (f) and redesignated former subsec. (f) as (g). 2002 - Subsecs. (f), (g). Pub. L. 107-228 added subsec. (f) and struck out former subsecs. (f) and (g), which related to the qualifications of officers having primary responsibility for personnel management and for diplomatic security. 2000 - Subsec. (a)(2). Pub. L. 106-553 substituted ", the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources" for "and the Deputy Secretary of State". 1998 - Subsec. (b). Pub. L. 105-277, Sec. 1213, designated existing provisions as par. (1), inserted par. heading, and added par. (2). Subsec. (b)(1). Pub. L. 105-277, Sec. 2305(a)(1), substituted "6 Under Secretaries" for "5 Under Secretaries". Subsec. (b)(3). Pub. L. 105-277, Sec. 1313, added par. (3). Subsec. (b)(4). Pub. L. 105-277, Sec. 2306(a), added par. (4). Subsec. (c)(1). Pub. L. 105-277, Sec. 2305(b)(1), substituted "24" for "20". Subsec. (c)(3). Pub. L. 105-277, Sec. 2306(b), added par. (3). Subsec. (d). Pub. L. 105-277, Sec. 2305(c), redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: "There shall be in the Department of State not more than 66 Deputy Assistant Secretaries of State." Subsec. (e). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Pub. L. 105-277, Sec. 2301(a), added subsec. (f). Subsec. (g). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Pub. L. 105-277, Sec. 2303, added subsec. (g). Subsec. (h). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec. (h) as (g). Pub. L. 105-277, Sec. 2304, added subsec. (h). 1994 - Pub. L. 103-236 amended section generally. Prior to amendment, section read as follows: "The Secretary of State is authorized to establish, maintain, and operate passport and despatch agencies." Subsec. (a)(2). Pub. L. 103-415 inserted "and the Deputy Secretary of State" after "Secretary". 1982 - Pub. L. 97-241 substituted "The Secretary" for "That the Secretary". EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1213 of Pub. L. 105-277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105-277, set out as an Effective Date note under section 6511 of this title. Amendment by section 1313 of Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105-277, set out as an Effective Date note under section 6531 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Section 161(b) of Pub. L. 103-236, as amended by Pub. L. 103-415, Sec. 1(f)(2), Oct. 25, 1994, 108 Stat. 4300, provided that: "The amendments made by this section and section 162 [amending this section, sections 2151n, 2304, 2314, 2349aa-2, 2384, 2652b, 2655a, 2669, 2670, 2707, 2755, 4302 to 4305, 4308, 4801, 4802, 4806, 4821 to 4823, and 4852 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 1101, 1104, 1105, and 1521 to 1523 of Title 8, Aliens and Nationality, repealing sections 811a, 2652, 2652a, 2653 to 2655, 2658, 4803, and 4804 of this title and section 1525 of Title 8, and amending provisions set out as a note under section 113 of Title 10, Armed Forces] shall apply with respect to officials, offices, and bureaus of the Department of State when executive orders, regulations, or departmental directives implementing such amendments become effective, or 90 days after the date of enactment of this Act [Apr. 30, 1994], whichever comes earlier." 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. CONSULTATION Pub. L. 108-458, title VII, Sec. 7109(b)(2), Dec. 17, 2004, 118 Stat. 3793, provided that: "The Under Secretary of State for Public Diplomacy, in carrying out the responsibilities described in section 1(b)(3) of such Act [22 U.S.C. 2651a(b)(3)] (as amended by paragraph (1)), shall consult with public diplomacy officers operating at United States overseas posts and in the regional bureaus of the Department of State." OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND STABILIZATION Pub. L. 108-447, div. B, title IV, Sec. 408, Dec. 8, 2004, 118 Stat. 2904, provided that: "There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization: Provided, That the head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall report directly to the Secretary of State: Provided further, That the functions of the Office of the Coordinator for Reconstruction and Stabilization shall include - "(1) cataloguing and monitoring the non-military resources and capabilities of Executive agencies (as that term is defined in section 105 of title 5, United States Code), State and local governments, and entities in the private and non-profit sectors that are available to address crises in countries or regions that are in, or are in transition from, conflict or civil strife; "(2) monitoring political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for countries or regions described in paragraph (1); "(3) assessing crises in countries or regions described in paragraph (1) and determining the appropriate non-military United States, including but not limited to demobilization, policing, human rights monitoring, and public information efforts; "(4) planning for response efforts under paragraph (3); "(5) coordinating with relevant Executive agencies the development of interagency contingency plans for such response efforts; and "(6) coordinating the training of civilian personnel to perform stabilization and reconstruction activities in response to crises in such countries or regions described in paragraph (1)." COMPREHENSIVE WORKFORCE PLAN Pub. L. 107-228, div. A, title III, Sec. 301, Sept. 30, 2002, 116 Stat. 1376, provided that: "(a) Workforce Plan. - Not later than 180 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a comprehensive workforce plan for the Department for the fiscal years 2003 through 2007. The plan shall consider personnel needs in both the Civil Service and the Foreign Service and expected domestic and overseas personnel allocations. The workforce plan should set forth - "(1) the detailed mission of the Department; "(2) the definition of work to be done; "(3) a description of cyclical personnel needs based on expected retirements and attrition; and "(4) a statement of the time required to hire, train, and deploy new personnel. "(b) Domestic Staffing Model. - Not later than one year after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall compile and submit to the appropriate congressional committees a domestic staffing model for the Department." "RIGHTSIZING" OVERSEAS POSTS Pub. L. 107-228, div. A, title III, Sec. 302, Sept. 30, 2002, 116 Stat. 1376, provided that: "(a) 'Rightsizing' at the Department of State. - "(1) In general. - The Secretary shall establish a task force within the Department on the issue of 'rightsizing' overseas posts. "(2) Preliminary report. - Not later than 120 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a report that outlines the status, plans, and activities of the task force. In addition to such other information as the Secretary considers appropriate, the report shall include the following: "(A) The objectives of the task force. "(B) Measures for achieving the objectives under subparagraph (A). "(C) Identification of the official of the Department with primary responsibility for the issue of 'rightsizing'. "(D) The plans of the Department for the reallocation of staff and resources based on changing needs at overseas posts and in the metropolitan Washington, D.C., area. "(3) Report. - Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report reviewing the activities and progress of the task force established under paragraph (1). "(b) Interagency Working Group. - "(1) Establishment. - The Secretary shall establish an interagency working group on the issue of 'rightsizing' the overseas presence of the United States Government. "(2) Preliminary report. - Not later than 120 days after the date of the enactment of this Act [Sept. 30, 2002], the Secretary shall submit to the appropriate congressional committees a report which outlines the status, plans, and activities of the interagency working group. In addition to such other information as the Secretary considers appropriate, the report shall include the following: "(A) The objectives of the working group. "(B) Measures for achieving the objectives under subparagraph (A). "(C) Identification of the official of each agency with primary responsibility for the issue of 'rightsizing'. "(3) Report. - Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report reviewing the activities and progress of the working group established under paragraph (1)." REPORT CONCERNING MINORITY EMPLOYMENT Pub. L. 107-228, div. A, title III, Sec. 324, Sept. 30, 2002, 116 Stat. 1385, provided that: "On April 1, 2003, and April 1, 2004, the Secretary shall submit a comprehensive report to Congress, with respect to the preceding calendar year, concerning the employment of members of minority groups at the Department, including the Civil Service and the Foreign Service. The report shall include the following data (reported in terms of real numbers and percentages and not as ratios): "(1) For the last preceding Foreign Service examination and promotion cycles for which such information is available - "(A) the numbers and percentages of members of all minority groups taking the written Foreign Service examination; "(B) the numbers and percentages of members of all minority groups successfully completing and passing the written Foreign Service examination; "(C) the numbers and percentages of members of all minority groups successfully completing and passing the oral Foreign Service examination; "(D) the numbers and percentages of members of all minority groups entering the junior officer class of the Foreign Service; "(E) the numbers and percentages of members of all minority groups who are Foreign Service officers at each grade; and "(F) the numbers and percentages of members of all minority groups promoted to each grade of the Foreign Service. "(2) For the last preceding year for Civil Service employment at the Department for which such information is available - "(A) numbers and percentages of members of all minority groups entering the Civil Service; "(B) the number and percentages of members of all minority groups who are Civil Service employees at each grade of the Civil Service; and "(C) the number of and percentages of members of all minority groups promoted at each grade of the Civil Service." USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT Pub. L. 107-228, div. A, title III, Sec. 325, Sept. 30, 2002, 116 Stat. 1386, provided that: "(a) Conduct of Recruitment Activities. - "(1) In general. - Amounts authorized to be appropriated for minority recruitment under section 111(1)(D) [probably means section 111(a)(1)(D) of Pub. L. 107-228, 116 Stat. 1356] shall be used only for activities directly related to minority recruitment, such as recruitment materials designed to target members of minority groups and the travel expenses of recruitment trips to colleges, universities, and other institutions or locations. "(2) Limitation. - Amounts authorized to be appropriated for minority recruitment under section 111(1)(D) may not be used to pay salaries of employees of the Department. "(b) Recruitment Activities at Academic Institutions. - The Secretary shall expand the recruitment efforts of the Department to include not less than 25 percent of the part B institutions (as defined under section 322 of the Higher Education Act of 1965 [20 U.S.C. 1061]) in the United States and not less than 25 percent of the Hispanic-serving institutions (as defined in section 502(a)(5) of such Act [20 U.S.C. 1101a(a)(5)]) in the United States. "(c) Evaluation of Recruitment Efforts. - The Secretary shall establish a database relating to efforts to recruit members of minority groups into the Foreign Service and the Civil Service and shall report to the appropriate congressional committees on the evaluation of efforts to recruit such individuals, including an analysis of the information collected in the database created under this subsection. Such report shall be included in each of the two reports required under section 324 [set out as a note above]." STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 302], Nov. 29, 1999, 113 Stat. 1536, 1501A-434, provided that: "The Secretary of State shall designate a senior-level official of the Department of State with responsibility for promoting regional cooperation in and coordinating United States policy toward Northeastern Europe." SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 303], Nov. 29, 1999, 113 Stat. 1536, 1501A-434, provided that: "(a) Designation. - The Secretary of State shall designate a senior-level official of the Department of State as the Science and Technology Adviser to the Secretary of State (in this section referred to as the 'Adviser'). The Adviser shall have substantial experience in the area of science and technology. The Adviser shall report to the Secretary of State through the appropriate Under Secretary of State. "(b) Duties. - The Adviser shall - "(1) advise the Secretary of State, through the appropriate Under Secretary of State, on international science and technology matters affecting the foreign policy of the United States; and "(2) perform such duties, exercise such powers, and have such rank and status as the Secretary of State shall prescribe." TRANSITION; REAPPOINTMENT OF OFFICERS HOLDING OFFICE AS OF APRIL 30, 1994, NOT REQUIRED Section 161(c) of Pub. L. 103-236 provided that: "Any officer of the Department of State holding office on the date of the enactment of this Act [Apr. 30, 1994] shall not be required to be reappointed to any other office, at the Department of State at the same level performing similar functions, as determined by the President, by reason of the enactment of the amendments made by this section and section 162 [see Effective Date of 1994 Amendment note above for classification]." [Functions of President under section 161(c) of Pub. L. 103-236, set out above, delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title.] REFERENCES TO OFFICIALS AND OFFICES OF DEPARTMENT OF STATE WHOSE AUTHORITY IS VESTED IN SECRETARY OF STATE DEEMED REFERENCES TO SECRETARY OF STATE OR DEPARTMENT OF STATE Section 161(d) of Pub. L. 103-236 provided that: "Except as specifically provided in this Act [see Tables for classification], or the amendments made by this Act, a reference in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection (a) [amending this section] (other than the Inspector General of the Department of State and the Chief Financial Officer of the Department of State) shall be deemed to be a reference to the Secretary of State or the Department of State, as may be appropriate." OFFICE OF COORDINATOR FOR COUNTERTERRORISM Section 161(e) of Pub. L. 103-236, 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, Sec. 2301(b), Oct. 21, 1998, 112 Stat. 2681-824. DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING Section 161(f) of Pub. L. 103-236, as amended by Pub. L. 103-415, Sec. 1(f)(3), Oct. 25, 1994, 108 Stat. 4300, which conditioned availability of 1995 appropriations upon establishment of position within Department of State of Deputy Assistant Secretary for Burdensharing and set forth responsibilities of position, was repealed by Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2302, Oct. 21, 1998, 112 Stat. 2681-825. -EXEC- AUTHORIZATION TO REDELEGATE CERTAIN RESPONSIBILITIES VESTED IN THE PRESIDENT AND DELEGATED TO THE SECRETARY OF STATE Memorandum of President of the United States, Nov. 4, 1997, 62 F.R. 60995, provided: Memorandum for the Secretary of State By the authority vested in me by the Constitution and laws of the United States, including section 301 of Title 3 of the United States Code, to the extent that you consider doing so appropriate to facilitate the consolidation of the Arms Control and Disarmament Agency and the Department of State, I hereby authorize you to redelegate to any officer of the executive branch any or all authorities vested in the President that are delegated to the Secretary of State by any act, order, determination, delegation of authority, regulation, or Executive order heretofore or hereinafter enacted or issued and that have been or may be redelegated to the Under Secretary of State for Arms Control and International Security Affairs. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton. [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.] -CROSS- DEFINITIONS For definitions of "Secretary", "Department", and "appropriate congressional committees" as used in sections 301, 302, 324, and 325 of Pub. L. 107-228, set out as notes above, see section 3 of Pub. L. 107-228, set out as a note under section 2651 of this title. -FOOTNOTE- (!1) So in original. Probably should be "under". -End- -CITE- 22 USC Secs. 2652, 2652a 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Secs. 2652, 2652a. Repealed. Pub. L. 103-236, title I, Sec. 162(a), (b), Apr. 30, 1994, 108 Stat. 405 -MISC1- Section 2652, May 26, 1949, ch. 143, Sec. 1, 63 Stat. 111; Feb. 7, 1953. ch. 2, 67 Stat. 4; Aug. 5, 1955, ch. 576, Sec. 1, 69 Stat. 536; June 30, 1958, Pub. L. 85-477, ch. V, Sec. 502(j)(1), 72 Stat. 274; July 18, 1958, Pub. L. 85-524, Sec. 1, 72 Stat. 363; July 13, 1972, Pub. L. 92-352, title I, Sec. 103(a)(1), 86 Stat. 490; Aug. 17, 1977, Pub. L. 95-105, title I, Sec. 109(c), 91 Stat. 847; Oct. 7, 1978, Pub. L. 95-426, title I, Sec. 114(a)(1), 92 Stat. 968; Aug. 16, 1985, Pub. L. 99-93, title I, Secs. 115(a), 116(a), 99 Stat. 411; Aug. 27, 1986, Pub. L. 99-399, title I, Sec. 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, Sec. 115(a), Oct. 7, 1978, 92 Stat. 969, established position in Department of State of Assistant Secretary of State for International Narcotics Matters. EFFECTIVE DATE OF REPEAL Repeal applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing 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. -End- -CITE- 22 USC Sec. 2652b 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2652b. Assistant Secretary of State for South Asian Affairs -STATUTE- (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 consent of the Senate. (c) Repealed. Pub. L. 103-236, title I, Sec. 162(c)(1), Apr. 30, 1994, 108 Stat. 405 (d) Repealed and Omitted (1) Repealed. Pub. L. 103-236, title I, Sec. 162(c)(3), Apr. 30, 1994, 108 Stat. 405. (2) Omitted. (e) Implementation In order to carry out this section, the Secretary of State shall reprogram the position of Deputy Assistant Secretary for South Asian Affairs. -SOURCE- (Pub. L. 102-138, title I, Sec. 122, Oct. 28, 1991, 105 Stat. 658; Pub. L. 103-236, title I, Sec. 162(c), Apr. 30, 1994, 108 Stat. 405.) -COD- CODIFICATION Section is comprised of section 122 of Pub. L. 102-138. Subsec. (d)(2) of section 122 of Pub. L. 102-138 enacted provisions set out as a note under section 5315 of Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-236, Sec. 162(c)(2), struck out ", which is in addition to the positions provided under section 2652 of this title" after "Asian Affairs". Subsec. (c). Pub. L. 103-236, Sec. 162(c)(1), struck out subsec. (c) which read as follows: "The Assistant Secretary shall have responsibility within the Department of State with respect to India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Afghanistan, and the Maldives." Subsec. (d)(1). Pub. L. 103-236, Sec. 162(c)(3), struck out par. (1) which amended section 5315 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing 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 a note under section 2651a of this title. -TRANS- AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103-236, set out as a note under section 2651a of this title. -End- -CITE- 22 USC Sec. 2652c 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2652c. Assistant Secretary of State for Verification and Compliance -STATUTE- (a) Designation of position The Secretary of State shall designate one of the Assistant Secretaries of State authorized by section 2651a(c)(1) of this title as the Assistant Secretary of State for Verification and Compliance. The Assistant Secretary shall report to the Under Secretary of State for Arms Control and International Security. (b) Directive governing the Assistant Secretary of State (1) In general Not later than 30 days after November 29, 1999, the Secretary of State shall issue a directive governing the position of the Assistant Secretary. (2) Elements of the directive The directive issued under paragraph (1) shall set forth, consistent with this section - (A) the duties of the Assistant Secretary; (B) the relationships between the Assistant Secretary and other officials of the Department of State; (C) any delegation of authority from the Secretary of State to the Assistant Secretary; and (D) such matters as the Secretary considers appropriate. (c) Duties (1) In general The Assistant Secretary shall have as his principal responsibility the overall supervision (including oversight of policy and resources) within the Department of State of all matters relating to verification and compliance with international arms control, nonproliferation, and disarmament agreements or commitments. (2) Participation of the Assistant Secretary (A) Primary role Except as provided in subparagraphs (B) and (C), the Assistant Secretary, or his designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on verification or compliance matters, including interagency intelligence committees concerned with the development or exploitation of measurement or signals intelligence or other national technical means of verification. (B) Requirement for designation Subparagraph (A) shall not apply to groups or organizations on which the Secretary of State or the Undersecretary of State for Arms Control and International Security sits, unless such official designates the Assistant Secretary to attend in his stead. (C) National security limitation (i) Waiver by President The President may waive the provisions of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States. (ii) Waiver by others With respect to an interagency group or organization, or meeting thereof, working with exceptionally sensitive information contained in compartments under the control of the Director of Central Intelligence, the Secretary of Defense, or the Secretary of Energy, such Director or Secretary, as the case may be, may waive the provision of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States. (iii) Transmission of waiver to Congress Any waiver of participation under clause (i) or (ii) shall be transmitted in writing to the appropriate committees of Congress. (3) Relationship to the intelligence community The Assistant Secretary shall be the principal policy community representative to the intelligence community on verification and compliance matters. (4) Reporting responsibilities The Assistant Secretary shall have responsibility within the Department of State for - (A) all reports required pursuant to section 2577 of this title; (B) so much of the report required under paragraphs (4) through (6) of section 2593a(a) of this title as relates to verification or compliance matters; and (C) other reports being prepared by the Department of State as of November 29, 1999, relating to arms control, nonproliferation, or disarmament verification or compliance matters. -SOURCE- (Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec. 1112], Nov. 29, 1999, 113 Stat. 1536, 1501A-486.) -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense. -CROSS- DEFINITIONS Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec. 1102], Nov. 29, 1999, 113 Stat. 1536, 1501A-485, provided that: "In this title [see Short Title of 1999 Amendment note set out under section 2551 of this title]: "(1) Appropriate committees of congress. - The term 'appropriate committees of Congress' means the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. "(2) Assistant secretary. - The term 'Assistant Secretary' means the position of Assistant Secretary of State for Verification and Compliance designated under section 1112 [22 U.S.C. 2652c]. "(3) Executive agency. - The term 'Executive agency' has the meaning given the term in section 105 of title 5, United States Code. "(4) Intelligence community. - The term 'intelligence community' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). "(5) START treaty or treaty. - The term 'START Treaty' or 'Treaty' means the Treaty With the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, including all agreed statements, annexes, protocols, and memoranda, signed at Moscow on July 31, 1991. "(6) START ii treaty. - The term 'START II Treaty' means the Treaty Between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms, and related protocols and memorandum of understanding, signed at Moscow on January 3, 1993." -End- -CITE- 22 USC Secs. 2653 to 2655 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Secs. 2653 to 2655. Repealed. Pub. L. 103-236, title I, Sec. 162(a), (p), Apr. 30, 1994, 108 Stat. 405, 410 -MISC1- Section 2653, acts May 26, 1949, ch. 143, Sec. 2, 63 Stat. 111; Aug. 5, 1955, ch. 576, Sec. 2, 69 Stat. 536; June 30, 1958, Pub. L. 85-477, ch. V, Sec. 502(j)(2), 72 Stat. 274; July 30, 1959, Pub. L. 86-117, 73 Stat. 265; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 305(14), 78 Stat. 424; July 13, 1972, Pub. L. 92-352, title I, Sec. 103(a)(2), 86 Stat. 490; Nov. 22, 1983, Pub. L. 98-164, title I, Sec. 125(a), 97 Stat. 1026, related to appointment and rank of Secretary of State and other officers of Department of State. Section 2654, act May 24, 1924, ch. 182, Sec. 30, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1214; amended Oct. 15, 1949, ch. 695, Sec. 6(d), 63 Stat. 881, related to office and appointment of legal adviser in Department of State. Section 2655, act May 18, 1937, ch. 220, 50 Stat. 169, related to position and appointment of Counselor of Department of State. EFFECTIVE DATE OF REPEAL Repeal applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing 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. -End- -CITE- 22 USC Sec. 2655a 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2655a. Bureau of Oceans and International Environmental and Scientific Affairs within Department of State; Assistant Secretary of State as head of Bureau -STATUTE- There is established within the Department of State a Bureau of Oceans and International Environmental and Scientific Affairs. There shall be an Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, appointed by the President, by and with the advice and consent of the Senate, who shall be the head of the Bureau and who shall have responsibility for matters relating to oceans, environmental, scientific, fisheries, wildlife, and conservation affairs and for such other related duties as the Secretary may from time to time designate. -SOURCE- (Pub. L. 93-126, Sec. 9(a), formerly Sec. 9, Oct. 18, 1973, 87 Stat. 453, renumbered Pub. L. 93-312, Sec. 9, June 8, 1974, 88 Stat. 238; Pub. L. 103-236, title I, Sec. 162(q)(1), Apr. 30, 1994, 108 Stat. 410; Pub. L. 103-415, Sec. 1(f)(4)(B), Oct. 25, 1994, 108 Stat. 4300.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-236, as amended by Pub. L. 103-415, substituted "There shall" for "In addition to the positions provided under section 2652 of this title, there shall" and inserted before period at end "and for such other related duties as the Secretary may from time to time designate". EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing 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 a note under section 2651a of this title. -TRANS- AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103-236, set out as a note under section 2651a of this title. -End- -CITE- 22 USC Sec. 2655b 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2655b. Diplomatic presence overseas -STATUTE- (a) Purpose The purpose of this section is to - (1) elevate the stature given United States diplomatic initiatives relating to nonproliferation and political-military issues; and (2) develop a group of highly specialized, technical experts with country expertise capable of administering the nonproliferation and political-military affairs functions of the Department. (b) Authority To carry out the purposes of subsection (a) of this section, the Secretary is authorized to establish the position of Counselor for Nonproliferation and Political Military Affairs in United States diplomatic missions overseas, to be filled by individuals who are career Civil Service officers or Foreign Service officers committed to follow-on assignments in the Nonproliferation Bureau or the Political Military Affairs Bureau of the Department. (c) Training After being selected to serve as Counselor, any person so selected shall spend not less than 10 months in language training courses at the Foreign Service Institute,(!1) or in technical courses administered by the Department of Defense, the Department of Energy, or other appropriate departments and agencies of the United States, except that such requirement for training may be waived by the Secretary. -SOURCE- (Pub. L. 107-228, div. B, title XVI, Sec. 1604, Sept. 30, 2002, 116 Stat. 1460.) -CHANGE- CHANGE OF NAME References to Foreign Service Institute considered to refer to George P. Shultz National Foreign Affairs Training Center, see section 1(b) of Pub. L. 107-132, set out as a note under section 4021 of this title. -CROSS- DEFINITIONS For definitions of "Department" and "Secretary" as used in this section, see section 3 of Pub. L. 107-228, set out as a note under section 2651 of this title. -FOOTNOTE- (!1) See Change of Name note below. -End- -CITE- 22 USC Sec. 2656 01/02/2006 -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 38 - DEPARTMENT OF STATE -HEAD- Sec. 2656. Management of foreign affairs -STATUTE- The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct. -SOURCE- (R.S. Sec. 202.) -COD- CODIFICATION R.S. Sec. 202 derived from acts July 27, 1789, ch. 4, Sec. 1, 1 Stat. 28; Sept. 15, 1789, ch. 14, Sec. 1, 1 Stat. 68. Section was formerly classified to section 156 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -TRANS- DELEGATION OF FUNCTIONS Functions of President respecting certain facilities constructed and maintained on United States borders delegated to Secretary of State, see Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note under section 301 of Title 3, The President. -MISC1- PRESIDENTIAL DIRECTIVE National Intelligence Authority and Central Intelligence Group, established by Presidential Directive, Feb. 1, 1946, 11 F.R. 1337, to coordinate Federal foreign intelligence activities, ceased to exist upon creation of Central Intelligence Agency; personnel, property and records of the group were transferred to the Agency; and unexpended funds of the group were made available to the Agency, by act July 26, 1947, ch. 343, title I, Sec. 102, 61 Stat. 497, formerly set out as section 403 of Title 50, War and National Defense. FINDINGS Pub. L. 108-458, title VII, Sec. 7101, Dec. 17, 2004, 118 Stat. 3775, provided that: "Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: "(1) Long-term success in the war on terrorism demands the use of all elements of national power, including diplomacy, military action, intelligence, covert action, law enforcement, economic policy, foreign aid, public diplomacy, and homeland defense. "(2) To win the war on terrorism, the United States must assign to economic and diplomatic capabilities the same strategic priority that is assigned to military capabilities. "(3) The legislative and executive branches of the Government of the United States must commit to robust, long-term investments in all of the tools necessary for the foreign policy of the United States to successfully accomplish the goals of the United States. "(4) The investments referred to in paragraph (3) will require increased funding to United States foreign affairs programs in general, and to priority areas as described in this title [see Tables for classification] in particular." COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM Pub. L. 108-458, title VII, Sec. 7117, Dec. 17, 2004, 118 Stat. 3799, provided that: "(a) Findings. - Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: "(1) Almost every aspect of the counterterrorism strategy of the United States relies on international cooperation. "(2) Since September 11, 2001, the number and scope of United States Government contacts with foreign governments concerning counterterrorism have expanded significantly, but such contacts have often been ad hoc and not integrated as a comprehensive and unified approach to counterterrorism. "(b) In General. - The Secretary of State is authorized in consultation with relevant United States Government agencies, to negotiate on a bilateral or multilateral basis, as appropriate, international agreements under which parties to an agreement work in partnership to address and interdict acts of international terrorism. "(c) International Contact Group on Counterterrorism. - "(1) Sense of congress. - It is the sense of Congress that the President - "(A) should seek to engage the leaders of the governments of other countries in a process of advancing beyond separate and uncoordinated national counterterrorism strategies to develop with those other governments a comprehensive multilateral strategy to fight terrorism; and "(B) to that end, should seek to establish an international counterterrorism policy contact group with the leaders of governments providing leadership in global counterterrorism efforts and governments of countries with sizable Muslim populations, to be used as a ready and flexible international means for discussing and coordinating the development of important counterterrorism policies by the participating governments. "(2) Authority. - The President is authorized to establish an international counterterrorism policy contact group with the leaders of governments referred to in paragraph (1) for the following purposes: "(A) To meet annually, or more frequently as the President determines appropriate, to develop in common with such other governments important policies and a strategy that address the various components of international prosecution of the war on terrorism, including policies and a strategy that address military issues, law enforcement, the collection, analysis, and dissemination of intelligence, issues relating to interdiction of travel by terrorists, counterterrorism-related customs issues, financial issues, and issues relating to terrorist sanctuaries. "(B) To address, to the extent (if any) that the President and leaders of other participating governments determine appropriate, long-term issues that can contribute to strengthening stability and security in the Middle East." INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS Pub. L. 108-458, title VII, Sec. 7204, Dec. 17, 2004, 118 Stat. 3814, provided that: "(a) Findings. - Congress makes the following findings: "(1) International terrorists travel across international borders to raise funds, recruit members, train for operations, escape capture, communicate, and plan and carry out attacks. "(2) The international terrorists who planned and carried out the attack on the World Trade Center on February 26, 1993, the attack on the embassies of the United States in Kenya and Tanzania on August 7, 1998, the attack on the USS Cole on October 12, 2000, and the attack on the World Trade Center and the Pentagon on September 11, 2001, traveled across international borders to plan and carry out these attacks. "(3) The international terrorists who planned other attacks on the United States, including the plot to bomb New York City landmarks in 1993, the plot to bomb the New York City subway in 1997, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled across international borders to plan and carry out these attacks. "(4) Many of the international terrorists who planned and carried out large-scale attacks against foreign targets, including the attack in Bali, Indonesia, on October 11, 2002, and the attack in Madrid, Spain, on March 11, 2004, traveled across international borders to plan and carry out these attacks. "(5) Throughout the 1990s, international terrorists, including those involved in the attack on the World Trade Center on February 26, 1993, the plot to bomb New York City landmarks in 1993, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled on fraudulent passports and often had more than 1 passport. "(6) Two of the September 11, 2001, hijackers were carrying passports that had been manipulated in a fraudulent manner. "(7) The National Commission on Terrorist Attacks Upon the United States, (commonly referred to as the 9/11 Commission), stated that 'Targeting travel is at least as powerful a weapon against terrorists as targeting their money.'. "(b) International Agreements To Track and Curtail Terrorist Travel. - "(1) International agreement on lost, stolen, or falsified documents. - The President should lead efforts to track and curtail the travel of terrorists by supporting the drafting, adoption, and implementation of international agreements, and relevant United Nations Security Council resolutions to track and stop international travel by terrorists and other criminals through the use of lost, stolen, or falsified documents to augment United Nations and other international anti-terrorism efforts. "(2) Contents of international agreement. - The President should seek, as appropriate, the adoption or full implementation of effective international measures to - "(A) share information on lost, stolen, and fraudulent passports and other travel documents for the purposes of preventing the undetected travel of persons using such passports and other travel documents that were obtained improperly; "(B) establish and implement a real-time verification system of passports and other travel documents with issuing authorities; "(C) share with officials at ports of entry in any such country information relating to lost, stolen, and fraudulent passports and other travel documents; "(D) encourage countries - "(i) to criminalize - "(I) the falsification or counterfeiting of travel documents or breeder documents for any purpose; "(II) the use or attempted use of false documents to obtain a visa or cross a border for any purpose; "(III) the possession of tools or implements used to falsify or counterfeit such documents; "(IV) the trafficking in false or stolen travel documents and breeder documents for any purpose; "(V) the facilitation of travel by a terrorist; and "(VI) attempts to commit, including conspiracies to commit, the crimes specified in subclauses (I) through (V); "(ii) to impose significant penalties to appropriately punish violations and effectively deter the crimes specified in clause (i); and "(iii) to limit the issuance of citizenship papers, passports, identification documents, and similar documents to persons - "(I) whose identity is proven to the issuing authority; "(II) who have a bona fide entitlement to or need for such documents; and "(III) who are not issued such documents principally on account of a disproportional payment made by them or on their behalf to the issuing authority; "(E) provide technical assistance to countries to help them fully implement such measures; and "(F) permit immigration and border officials - "(i) to confiscate a lost, stolen, or falsified passport at ports of entry; "(ii) to permit the traveler to return to the sending country without being in possession of the lost, stolen, or falsified passport; and "(iii) to detain and investigate such traveler upon the return of the traveler to the sending country. "(3) International civil aviation organization. - The United States shall lead efforts to track and curtail the travel of terrorists by supporting efforts at the International Civil Aviation Organization to continue to strengthen the security features of passports and other travel documents. "(c) Report. - "(1) In general. - Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], and at least annually thereafter, the President shall submit to the appropriate congressional committees a report on progress toward achieving the goals described in subsection (b). "(2) Termination. - Paragraph (1) shall cease to be effective when the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the goals described in subsection (b) have been fully achieved." [Functions of President under subsec. (c) of section 7204 of Pub. L. 108-458, set out above, assigned to Secretary of State by section 1 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of title 3, The President.] EAST TIMOR TRANSITION TO INDEPENDENCE Pub. L. 107-228, div. A, title VI, subtitle C, Sept. 30, 2002, 116 Stat. 1399, provided that: "SEC. 631. SHORT TITLE. "This subtitle may be cited as the 'East Timor Transition to Independence Act of 2002'. "SEC. 632. BILATERAL ASSISTANCE. "(a) Authority. - The President, acting through the Administrator of the United States Agency for International Development, is authorized to - "(1) support the development of civil society, including nongovernmental organizations in East Timor; "(2) promote the development of an independent news media; "(3) support job creation, including support for small business and microenterprise programs, environmental protection, sustainable development, development of East Timor's health care infrastructure, educational programs, and programs strengthening the role of women in society; "(4) promote reconciliation, conflict resolution, and prevention of further conflict with respect to East Timor, including establishing accountability for past gross human rights violations; "(5) support the voluntary and safe repatriation and reintegration of refugees into East Timor; "(6) support political party development, voter education, voter registration, and other activities in support of free and fair elections in East Timor; and "(7) promote the development of the rule of law. "(b) Authorization of Appropriations. - "(1) In general. - There is authorized to be appropriated to the President to carry out this section $25,000,000 for the fiscal year 2003. "(2) Availability. - Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. "SEC. 633. MULTILATERAL ASSISTANCE. "The Secretary of the Treasury shall instruct the United States executive director at each international financial institution to which the United States is a member to use the voice, vote, and influence of the United States to support economic and democratic development in East Timor. "SEC. 634. TRADE AND INVESTMENT ASSISTANCE. "(a) OPIC. - The President should initiate negotiations with the Government of East Timor to enter into a new agreement authorizing the Overseas Private Investment Corporation to carry out programs with respect to East Timor in order to expand United States investment in East Timor, emphasizing partnerships with local East Timorese enterprises. "(b) Trade and Development Agency. - "(1) In general. - The Director of the Trade and Development Agency is authorized to carry out projects in East Timor under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421). "(2) Authorization of appropriations. - "(A) In general. - There are authorized to be appropriated to the Trade and Development Agency to carry out this subsection $1,000,000 for fiscal year 2003. "(B) Availability. - Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. "(c) Export-Import Bank. - The Export-Import Bank of the United States should expand its activities in connection with exports to East Timor to the extent such activities are requested and to the extent there is a reasonable assurance of repayment. "SEC. 635. GENERALIZED SYSTEM OF PREFERENCES. "As soon as possible after the enactment of this Act [Sept. 30, 2002], the United States Trade Representative and the Commissioner of Customs should send an assessment team to East Timor to compile a list of duty-free eligible products so that the Government of East Timor can begin the process of applying for General System of Preference benefits. "SEC. 636. AUTHORITY FOR RADIO BROADCASTING. "The Broadcasting Board of Governors should broadcast to East Timor in an appropriate language or languages. "SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR. "(a) Study and Report. - "(1) Study. - The President shall conduct a study to determine - "(A) the extent to which East Timor's security needs can be met by the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961 [22 U.S.C. 2321j]; "(B) the extent to which international military education and training (IMET) assistance will enhance professionalism of the armed forces of East Timor, provide training in human rights, and promote respect for human rights and humanitarian law; and "(C) the terms and conditions under which such defense articles or training, as appropriate, should be provided. "(2) Report. - Not later than 180 days after the date of the enactment of this Act [Sept. 30, 2002], the President shall transmit to the appropriate congressional committees a report that contains the findings of the study conducted under paragraph (1). "(b) Authorization of Assistance. - "(1) In general. - Beginning on the date on which Congress receives the report transmitted under subsection (a)(2), or the date on which Congress receives the certification transmitted under paragraph (2), whichever occurs later, the President is authorized - "(A) to transfer excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East Timor in accordance with such section; and "(B) to provide military education and training under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for the armed forces of East Timor in accordance with such chapter. "(2) Certification. - A certification described in this paragraph is a certification that - "(A) East Timor has established an independent armed forces; and "(B) the assistance propose