CHAPTER 38 —DEPARTMENT OF STATE
§2651. Establishment of Department
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.
(R.S. §199.)
Editorial Notes
Codification
R.S. §199 derived from acts July 27, 1789, ch. 4, §1,
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Short Title of 2021 Amendment
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2013 Amendment
Short Title of 2004 Amendment
Short Title of 2002 Amendment
Short Title of 1999 Amendment
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1991 Amendment
Short Title of 1990 Amendment
Short Title of 1987 Amendment
Short Title of 1985 Amendment
Short Title of 1976 Amendment
Short Title of 1975 Amendment
Short Title of 1974 Amendment
Short Title of 1973 Amendment
Short Title of 1972 Amendment
Short Title
Act Aug. 1, 1956, ch. 841 (first sentence), as added by
Act Aug. 1, 1956, ch. 841, title I, §48, formerly §33, as added Oct. 17, 1980,
References to Diplomatic and Consular Programs Account
Compliance With Congressional Budget Act
"(a)
"(b)
"(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
"(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
"(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]."
Definitions
"(1)
"(A) the Committee on Foreign Relations of the Senate; and
"(B) the Committee on Foreign Affairs of the House of Representatives.
"(2)
"(3)
"(4)
"(5)
"(6)
"(1)
"(2)
"(3)
"(1)
"(2)
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of State, see Parts 1, 2, and 13 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
Order of Succession
For order of succession during any period when both Secretary and Deputy Secretary of State are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, listed in a table under
§2651a. Organization of Department of State
(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
(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 who shall be compensated at the rate provided for at level IV of the Executive Schedule under
(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
(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
(ii) Preparing the statements and reports to Congress required under
(iii) Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with
(iv) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.
(3) Assistant Secretary for economic and business matters
(A) In general
Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be responsible to the Secretary of State for matters pertaining to international economics and business matters in the conduct of foreign policy.
(B) Matters contemplated
The matters referred to in subparagraph (A) include the following:
(i) International trade and investment policy.
(ii) International finance, economic development, and debt policy.
(iii) Economic sanctions and combating terrorist financing.
(iv) International transportation policy.
(v) Support for United States businesses.
(vi) Economic policy analysis and private sector outreach.
(vii) International data privacy and innovation policies.
(viii) Such other related duties as the Secretary may from time to time designate.
(4) 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
(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), partner country finance, health, and other relevant ministries, 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), partner country finance, health, and other relevant ministries, 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 [
(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) Establishing an interagency working group on HIV/AIDS headed by the Global AIDS Coordinator and comprised of representatives from the United States Agency for International Development and the Department of Health and Human Services, for the purposes of coordination of activities relating to HIV/AIDS, including—
(aa) meeting regularly to review progress in partner countries toward HIV/AIDS prevention, treatment, and care objectives;
(bb) participating in the process of identifying countries to consider for increased assistance based on the epidemiology of HIV/AIDS in those countries, including clear evidence of a public health threat, as well as government commitment to address the HIV/AIDS problem, relative need, and coordination and joint planning with other significant actors;
(cc) assisting the Coordinator in the evaluation, execution, and oversight of country operational plans;
(dd) reviewing policies that may be obstacles to reaching targets set forth for HIV/AIDS prevention, treatment, and care; and
(ee) consulting with representatives from additional relevant agencies, including the National Institutes of Health, the Health Resources and Services Administration, the Department of Labor, the Department of Agriculture, the Millennium Challenge Corporation, the Peace Corps, and the Department of Defense.
(V) Coordinating overall United States HIV/AIDS policy and programs, including ensuring the coordination of relevant executive branch agency activities in the field, with efforts led by partner countries, and with the assistance provided by other relevant bilateral and multilateral aid agencies and other donor institutions to promote harmonization with other programs aimed at preventing and treating HIV/AIDS and other health challenges, improving primary health, addressing food security, promoting education and development, and strengthening health care systems.
(VI) Resolving policy, program, and funding disputes among the relevant executive branch agencies.
(VII) Holding annual consultations with nongovernmental organizations in partner countries that provide services to improve health, and advocating on behalf of the individuals with HIV/AIDS and those at particular risk of contracting HIV/AIDS, including organizations with members who are living with HIV/AIDS.
(VIII) Ensuring, through interagency and international coordination, that HIV/AIDS programs of the United States are coordinated with, and complementary to, the delivery of related global health, food security, development, and education.
(IX) 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, Vietnam, 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, and other countries in which the United States is implementing HIV/AIDS programs as part of its foreign assistance program. In designating additional countries under this subparagraph, the President shall give priority to those countries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general population and inadequate financial means within the country.
(X) Working with partner countries in which the HIV/AIDS epidemic is prevalent among injection drug users to establish, as a national priority, national HIV/AIDS prevention programs.
(XI) Working with partner countries in which the HIV/AIDS epidemic is prevalent among individuals involved in commercial sex acts to establish, as a national priority, national prevention programs, including education, voluntary testing, and counseling, and referral systems that link HIV/AIDS programs with programs to eradicate trafficking in persons and support alternatives to prostitution.
(XII) Establishing due diligence criteria for all recipients of funds appropriated for HIV/AIDS assistance pursuant to the authorization of appropriations under
(XIII) Publicizing updated drug pricing data to inform the purchasing decisions of pharmaceutical procurement partners.
(C) Definitions
In this paragraph:
(i) AIDS
The term "AIDS" means acquired 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.
(Aug. 1, 1956, ch. 841, title I, §1,
Editorial Notes
References in Text
This Act, referred to in subsecs. (a)(1) and (f)(2)(C)(iv), is act Aug. 1, 1956, ch. 841,
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, referred to in subsec. (f)(2)(B)(i), is
Codification
Section was formerly classified to
Section was also formerly classified to
Amendments
2019—Subsec. (c)(3), (4).
2012—Subsec. (c)(1).
2008—Subsec. (f)(2)(A).
Subsec. (f)(2)(B)(ii)(IV), (V).
"(IV) Ensuring coordination of relevant executive branch agency activities in the field.
"(V) Pursuing coordination with other countries and international organizations."
Subsec. (f)(2)(B)(ii)(VII), (VIII).
Subsec. (f)(2)(B)(ii)(IX).
Subsec. (f)(2)(B)(ii)(X), (XI).
Subsec. (f)(2)(B)(ii)(XII).
Subsec. (f)(2)(B)(ii)(XIII).
2004—Subsec. (b)(3).
2003—Subsecs. (f), (g).
2002—Subsecs. (f), (g).
2000—Subsec. (a)(2).
1998—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1994—
Subsec. (a)(2).
1982—
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 1213 of
Amendment by section 1313 of
Effective Date of 1994 Amendment
Effective Date of 1982 Amendment
Amendment by
Additional Paid Leave To Address Employee Hardships Resulting From Coronavirus
[For definition of "coronavirus" as used in section 21007 of
Oaths of Office Administered Remotely
Coordinator of United States Government Activities Providing Basic Education Assistance in Developing Countries
"(b)
"(c)
[
[
Advisor for Activities Relating to Indigenous Peoples Internationally
"(a)
"(b)
"(1) Advise the Director of United States Foreign Assistance and the Administrator of the United States Agency for International Development on matters relating to the rights and needs of indigenous peoples internationally and should represent the United States Government on such matters in meetings with foreign governments and multilateral institutions.
"(2) Provide for the oversight and coordination of all resources, programs, projects, and activities of the United States Government to protect the rights and address the needs of indigenous peoples internationally.
"(3) Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments (including support for local indigenous peoples' organizations).
"(c)
"(d)
Consultation
Office of the Coordinator for Reconstruction and Stabilization
"(1) cataloguing and monitoring the non-military resources and capabilities of Executive agencies (as that term is defined in
"(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
"Rightsizing" Overseas Posts
"(a)
"(1)
"(2)
"(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)
"(b)
"(1)
"(2)
"(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 Concerning Minority Employment
Use of Funds Authorized for Minority Recruitment
"(a)
"(1)
"(2)
"(b)
"(c)
State Department Official for Northeastern Europe
Science and Technology Adviser to Secretary of State
"(a)
"(b)
"(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
[Functions of President under section 161(c) of
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
Office of Coordinator for Counterterrorism
Deputy Assistant Secretary for Burdensharing
Definitions
For definitions of "Secretary", "Department", and "appropriate congressional committees" as used in sections 301, 302, 324, and 325 of
Executive Documents
Authorization To Redelegate Certain Responsibilities Vested in the President and Delegated to the Secretary of State
Memorandum of President of the United States, Nov. 4, 1997, 62 F.R. 60995, provided:
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and laws of the United States, including
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
1 So in original. Probably should be "under".
§§2652, 2652a. Repealed. Pub. L. 103–236, title I, §162(a), (b), Apr. 30, 1994, 108 Stat. 405
Section 2652, May 26, 1949, ch. 143, §1,
Section 2652a,
Statutory Notes and Related Subsidiaries
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
§2652b. Assistant Secretary of State for South Asian Affairs
(a) Establishment of position
There is established in the Department of State the position of Assistant Secretary of State for South Asian Affairs.
(b) Appointment
The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Repealed. Pub. L. 103–236, title I, §162(c)(1), Apr. 30, 1994, 108 Stat. 405
(d) Repealed and Omitted
(1) Repealed.
(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.
(
Editorial Notes
Codification
Section is comprised of section 122 of
Amendments
1994—Subsec. (a).
Subsec. (c).
Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
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
§2652c. Assistant Secretary of State for Verification and Compliance
(a) Designation of position
The Secretary of State shall designate one of the Assistant Secretaries of State authorized by
(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
(B) so much of the report required under paragraphs (4) through (6) of
(C) so much of the reports required under
(D) 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.
(
Editorial Notes
Amendments
2006—Subsec. (c)(4)(C), (D).
Statutory Notes and Related Subsidiaries
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
Definitions
"(1)
"(2)
"(3)
"(4)
"(5) START
"(6) START
§§2653 to 2655. Repealed. Pub. L. 103–236, title I, §162(a), (p), Apr. 30, 1994, 108 Stat. 405 , 410
Section 2653, acts May 26, 1949, ch. 143, §2,
Section 2654, act May 24, 1924, ch. 182, §30, as added Feb. 23, 1931, ch. 276, §7,
Section 2655, act May 18, 1937, ch. 220,
Statutory Notes and Related Subsidiaries
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
§2655a. Bureau of Oceans and International Environmental and Scientific Affairs within Department of State; Assistant Secretary of State as head of Bureau
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.
(
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
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
§2655b. Diplomatic presence overseas
(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), 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.
(
Statutory Notes and Related Subsidiaries
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
Definitions
For definitions of "Department" and "Secretary" as used in this section, see section 3 of
1 See Change of Name note below.
§2656. Management of foreign affairs
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.
(R.S. §202.)
Editorial Notes
Codification
R.S. §202 derived from acts July 27, 1789, ch. 4, §1,
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Construction
Termination of National Intelligence Authority and Central Intelligence Group
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, §102,
Genocide and Atrocities Prevention
"SEC. 3. STATEMENT OF POLICY.
"It shall be the policy of the United States to—
"(1) regard the prevention of atrocities as in its national interest;
"(2) work with partners and allies, including to build their capacity, and enhance the capacity of the United States, to identify, prevent, and respond to the causes of atrocities, including insecurity, mass displacement, violent conflict, and other conditions that may lead to such atrocities; and
"(3) pursue a United States Government-wide strategy to identify, prevent, and respond to the risk of atrocities by—
"(A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government;
"(B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the causes of atrocities;
"(C) strengthening diplomatic response and the effective use of foreign assistance to support appropriate transitional justice measures, including criminal accountability, for past atrocities;
"(D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities;
"(E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing causes of conditions that may lead to atrocities; and
"(F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to atrocities by—
"(i) placing a high priority on timely, preventive diplomatic efforts; and
"(ii) exercising leadership in promoting international efforts to prevent atrocities.
"SEC. 6. DEFINITIONS.
"In this Act [see Short Title of 2019 Amendment note set out under
"(1) the term 'genocide' means an offense under subsection (a) of
"(2) the term 'atrocities' means war crimes, crimes against humanity, and genocide;
"(3) the term 'transitional justice' means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes to redress legacies of atrocities and to promote long-term, sustainable peace; and
"(4) the term 'war crime' has the meaning given the term in
"SEC. 7. RULE OF CONSTRUCTION.
"Nothing in this Act shall be construed as authorizing the use of military force."
United States Policy and Diplomatic Strategy in the Indo-Pacific Region
"SEC. 101. POLICY.
"It is the policy of the United States to develop and commit to a long-term strategic vision and a comprehensive, multifaceted, and principled United States policy for the Indo-Pacific region that—
"(1) secures the vital national security interests of the United States and our allies and partners;
"(2) promotes American prosperity and economic interests by advancing economic growth and development of a rules-based Indo-Pacific economic community;
"(3) advances American influence by reflecting the values of the American people and universal human rights;
"(4) supports functional problem-solving regional architecture; and
"(5) accords with and supports the rule of law and international norms.
"SEC. 102. DIPLOMATIC STRATEGY.
"It is the diplomatic strategy of the United States—
"(1) to work with United States allies—
"(A) to confront common challenges;
"(B) to improve information sharing;
"(C) to increase defense investment and trade;
"(D) to ensure interoperability; and
"(E) to strengthen shared capabilities;
"(2) to strengthen relationships with partners who—
"(A) share mutual respect for the rule of law;
"(B) agree with fair and reciprocal trade; and
"(C) understand the importance of civil society, the rule of law, the free and reliable flow of information, and transparent governance;
"(3) to support functional problem-solving regional architecture, including through the Association of Southeast Asian Nations, Asia-Pacific Economic Cooperation, and the East Asia Summit;
"(4) to emphasize the commitment of the United States—
"(A) to freedom of navigation under international law;
"(B) to promote peaceful resolutions of maritime and territorial disputes; and
"(C) to expand security and defense cooperation with allies and partners, as appropriate;
"(5) to pursue diplomatic measures to achieve complete, verifiable, and irreversible denuclearization of North Korea;
"(6) to improve civil society, strengthen the rule of law, and advocate for transparent governance;
"(7) to develop and grow the economy through private sector partnerships between the United States and Indo-Pacific partners;
"(8) to pursue multilateral and bilateral trade agreements in a free, fair, and reciprocal manner and build a network of partners in the Indo-Pacific committed to free markets;
"(9) to work with and encourage Indo-Pacific countries—
"(A) to pursue high-quality and transparent infrastructure projects;
"(B) to maintain unimpeded commerce, open sea lines or air ways, and communication; and
"(C) to seek the peaceful resolution of disputes; and
"(10) to sustain a strong military presence in the Indo-Pacific region and strengthen security relationships with allies and partners throughout the region."
[Nothing in title I of
Iraq and Syria Genocide Relief and Accountability
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iraq and Syria Genocide Relief and Accountability Act of 2018'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) The Secretary of State of State [sic] declared on March 17, 2016, and on August 15, 2017, that Daesh (also known as the Islamic State of Iraq and Syria or ISIS) is responsible for genocide, crimes against humanity, and other atrocity crimes against religious and ethnic minority groups in Iraq and Syria, including Christians, Yezidis, and Shia, among other religious and ethnic groups.
"(2) According to the Department of State's annual reports on international religious freedom—
"(A) the number of Christians living in Iraq has dropped from an estimated 800,000 to 1,400,000 in 2002 to fewer than 250,000 in 2017; and
"(B) the number of Yezidis living in Iraq has fluctuated from 500,000 in 2013, to between 350,000 and 400,000 in 2016, and between 600,000 and 750,000 in 2017.
"(3) The annual reports on international religious freedom further suggest that—
"(A) Christian communities living in Syria, which had accounted for between 8 and 10 percent of Syria's total population in 2010, are now 'considerably' smaller as a result of the civil war, and
"(B) there was a population of approximately 80,000 Yezidis before the commencement of the conflict in Syria.
"(4) Local communities and entities have sought to mitigate the impact of violence directed against religious and ethnic minorities in Iraq and Syria, including the Chaldean Catholic Archdiocese of Erbil (Kurdistan Region of Iraq), which has used predominantly private funds to provide assistance to internally displaced Christians, Yezidis, and Muslims throughout the greater Erbil region, while significant needs and diminishing resources have made it increasingly difficult to continue these efforts.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on Foreign Relations of the Senate;
"(B) the Committee on the Judiciary of the Senate;
"(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(D) the Committee on Appropriations of the Senate;
"(E) the Select Committee on Intelligence of the Senate;
"(F) the Committee on Foreign Affairs of the House of Representatives;
"(G) the Committee on the Judiciary of the House of Representatives;
"(H) the Committee on Homeland Security of the House of Representatives;
"(I) the Committee on Appropriations of the House of Representatives; and
"(J) the Permanent Select Committee on Intelligence of the House of Representatives.
"(2)
"(3)
"(4)
"(5)
"SEC. 4. STATEMENT OF POLICY.
"It is the policy of the United States to ensure that assistance for humanitarian, stabilization, and recovery needs of individuals who are or were nationals and residents of Iraq or Syria, and of communities in and from those countries, is directed toward those individuals and communities with the greatest need, including those individuals from communities of religious and ethnic minorities, and communities of religious and ethnic minorities, that the Secretary of State declared were targeted for genocide, crimes against humanity, or war crimes, and have been identified as being at risk of persecution, forced migration, genocide, crimes against humanity, or war crimes.
"SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ FOR GENOCIDE, CRIMES AGAINST HUMANITY, AND WAR CRIMES.
"(a)
"(1) conducting criminal investigations;
"(2) developing indigenous investigative and judicial skills, including by partnering, directly mentoring, and providing necessary equipment and infrastructure to effectively adjudicating cases consistent with due process and respect for the rule of law; and
"(3) collecting and preserving evidence and the chain of evidence, including for use in prosecutions in domestic courts, hybrid courts, and internationalized domestic courts, consistent with the activities described in subsection (b).
"(b)
"(1) to include information in appropriate security databases and security screening procedures of such countries to identify suspected ISIS members for whom credible evidence exists of having committed genocide, crimes against humanity, or war crimes, and their constituent crimes, in Iraq; and
"(2) to apprehend and prosecute such ISIS members for genocide, crimes against humanity, or war crimes, as appropriate.
"(c)
"SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS HUMANITARIAN, STABILIZATION, AND RECOVERY NEEDS OF CERTAIN PERSONS IN IRAQ AND SYRIA.
"(a)
"(1) threats of persecution and other early-warning indicators of genocide, crimes against humanity, and war crimes against individuals who are or were nationals and residents of Iraq or Syria, are members of religious or ethnic minority groups in such countries, and against whom the Secretary of State has determined ISIS has committed genocide, crimes against humanity, or war crimes;
"(2) the religious and ethnic minority groups in Iraq or Syria identified pursuant to paragraph (1) that are at risk of forced migration, within or across the borders of Iraq, Syria, or a country of first asylum, and the primary reasons for such risk;
"(3)(A) the humanitarian, stabilization, and recovery needs of individuals described in paragraphs (1) and (2), including the assistance provided by the United States and by the United Nations, respectively—
"(i) to address the humanitarian, stabilization, and recovery needs of such individuals; and
"(ii) to mitigate the risks of forced migration of such individuals; and
"(B) assistance provided through the Funding Facility for Immediate Stabilization and Funding Facility for Expanded Stabilization; and
"(4) to the extent practicable and appropriate—
"(A) the entities, including faith-based entities, that are providing assistance to address the humanitarian, stabilization, and recovery needs of individuals described in paragraphs (1) and (2); and
"(B) the extent to which the United States is providing assistance to or through the entities referred to in subparagraph (A).
"(b)
"(1) individuals described in paragraphs (1) and (2) of such subsection; and
"(2) the entities described in paragraph (4)(A) of such subsection.
"(c)
"SEC. 7. REPORT.
"(a)
"(1) a detailed description of the efforts taken, and efforts proposed to be taken, to implement the provisions of this Act;
"(2) an assessment of—
"(A) the feasibility and advisability of prosecuting ISIS members for whom credible evidence exists of having committed genocide, crimes against humanity, or war crimes in Iraq, including in domestic courts in Iraq, hybrid courts, and internationalized domestic courts; and
"(B) the measures needed—
"(i) to ensure effective criminal investigations of such individuals; and
"(ii) to effectively collect and preserve evidence, and preserve the chain of evidence, for prosecution; and
"(3) recommendations for legislative remedies and administrative actions to facilitate the implementation of this Act.
"(b)
Human Rights Sanctions
"SEC. 1261. SHORT TITLE.
"This subtitle may be cited as the 'Global Magnitsky Human Rights Accountability Act'.
"SEC. 1262. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(4)
"SEC. 1263. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
"(a)
"(1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek—
"(A) to expose illegal activity carried out by government officials; or
"(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections;
"(2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1);
"(3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or
"(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3).
"(b)
"(1)
"(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or
"(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (
"(2)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(c)
"(1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and
"(2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights.
"(d)
"(1)
"(A) determine if that person has engaged in such an activity; and
"(B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—
"(i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and
"(ii) if the President imposed or intends to impose sanctions, a description of those sanctions.
"(2)
"(A)
"(B)
"(i) one of the appropriate congressional committees of the Senate; and
"(ii) one of the appropriate congressional committees of the House of Representatives.
"(e)
"(f)
"(g)
"(1) credible information exists that the person did not engage in the activity for which sanctions were imposed;
"(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
"(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
"(4) the termination of the sanctions is in the national security interests of the United States.
"(h)
"(i)
"(j)
"(1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
"(2) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
"SEC. 1264. REPORTS TO CONGRESS.
"(a)
"(1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 1263 during the year preceding the submission of the report;
"(2) a description of the type of sanctions imposed with respect to each such person;
"(3) the number of foreign persons with respect to which the President—
"(A) imposed sanctions under section 1263(a) during that year; and
"(B) terminated sanctions under section 1263(g) during that year;
"(4) the dates on which such sanctions were imposed or terminated, as the case may be;
"(5) the reasons for imposing or terminating such sanctions; and
"(6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 1263.
"(b)
"(1)
"(2)
"(A)
"(i) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and
"(ii) each calendar year thereafter.
"(B)
"(c)
"(1)
"(2)
"(A) determines that it is vital for the national security interests of the United States to do so;
"(B) uses the annex in a manner consistent with congressional intent and the purposes of this subtitle; and
"(C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 1263(a).
"(d)
"(1)
"(2)
"(e)
"(1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and
"(2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.
"SEC. 1265. SUNSET.
"(a)
"(b)
[Authority to administer financial sanctions under section 1263 of
Global Engagement Center
"(a)
"(1)
"(2)
"(b)
"(1) Direct, lead, synchronize, integrate, and coordinate interagency and international efforts to track and evaluate counterfactual narratives abroad that threaten the policies, security, or stability of the United States and United States allies and partner nations.
"(2) Analyze relevant information, data, analysis, and analytics from United States Government agencies, United States allies and partner nations, think tanks, academic institutions, civil society groups, and other nongovernmental organizations.
"(3) As needed, support the development and dissemination of fact-based narratives and analysis to counter propaganda and disinformation directed at the United States and United States allies and partner nations.
"(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign propaganda and disinformation, and pro-actively support the promotion of credible, fact-based narratives and policies to audiences outside the United States.
"(5) Facilitate the use of a wide range of technologies and techniques by sharing expertise among Federal departments and agencies, seeking expertise from external sources, and implementing best practices.
"(6) Measure and evaluate the activities of the Center, including the outcomes of such activities, and implement mechanisms to ensure that the activities of the Center are updated to reflect the results of such measurement and evaluation.
"(7) Identify gaps in United States capabilities in areas relevant to the purpose of the Center and recommend necessary enhancements or changes.
"(8) Use information from appropriate interagency entities to identify the countries, geographic areas, and populations most susceptible to propaganda and disinformation, as well as the countries, geographic areas, and populations in which such propaganda and disinformation is likely to cause the most harm.
"(9) Administer the information access fund established pursuant to subsection (f).
"(10) Coordinate with United States allies and partner nations in order to amplify the Center's efforts and avoid duplication.
"(11) Maintain, collect, use, and disseminate records (as such term is defined in
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) the Secretary determines that existing personnel resources or expertise are insufficient;
"(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year;
"(C) not more than 50 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and
"(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs.
"(e)
"(1)
"(2)
"(3)
"(f)
"(1)
"(A) To support local entities and linkages among such entities, including independent media entities, that are best positioned to refute foreign propaganda and disinformation in affected communities.
"(B) To collect and store examples of print, online, and social media disinformation and propaganda directed at the United States or United States allies and partner nations.
"(C) To analyze and report on tactics, techniques, and procedures of foreign information warfare and other efforts with respect to disinformation and propaganda.
"(D) To support efforts by the Center to counter efforts by foreign entities to use disinformation and propaganda to undermine or influence the policies, security, and social and political stability of the United States and United States allies and partner nations.
"(2)
"(g)
"(1)
"(2)
"(A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
"(B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
"(h)
"(i)
"(j)
Strategy for the United States Relationship With Saudi Arabia
"(a)
"(1) The National Commission on Terrorist Attacks Upon the United States concluded that the Kingdom of Saudi Arabia has 'been a problematic ally in combating Islamic extremism. At the level of high policy, Saudi Arabia's leaders cooperated with American diplomatic initiatives aimed at the Taliban or Pakistan before 9/11. At the same time, Saudi Arabia's society was a place where al Qaeda raised money directly from individuals and through charities. It was the society that produced 15 of the 19 hijackers.'.
"(2) Saudi Arabia has an uneven record in the fight against terrorism, especially with respect to terrorist financing, support for radical madrassas, a lack of political outlets for its citizens, and restrictions on religious pluralism, that poses a threat to the security of the United States, the international community, and Saudi Arabia itself.
"(3) The National Commission on Terrorist Attacks Upon the United States concluded that the 'problems in the U.S.-Saudi relationship must be confronted, openly'. It recommended that the two countries build a relationship that includes a 'shared commitment to political and economic reform . . . and a shared interest in greater tolerance and cultural respect, translating into a commitment to fight the violent extremists who foment hatred'.
"(4) The United States has a national security interest in working with the Government of Saudi Arabia to combat international terrorists that operate within that country or that operate outside Saudi Arabia with the support of citizens of Saudi Arabia.
"(5) The United States and Saudi Arabia established a Strategic Dialogue in 2005, which provides a framework for the two countries to discuss a range of bilateral issues at high levels, including counterterrorism policy and political and economic reforms.
"(6) It is in the national security interest of the United States to support the Government of Saudi Arabia in undertaking a number of political and economic reforms, including increasing anti-terrorism operations conducted by law enforcement agencies, providing more political and religious rights to its citizens, increasing the rights of women, engaging in comprehensive educational reform, enhancing monitoring of charitable organizations, and promulgating and enforcing domestic laws and regulation on terrorist financing.
"(b)
"(1) to engage with the Government of Saudi Arabia to openly confront the issue of terrorism, as well as other problematic issues such as the lack of political freedoms;
"(2) to enhance counterterrorism cooperation with the Government of Saudi Arabia; and
"(3) to support the efforts of the Government of Saudi Arabia to make political, economic, and social reforms, including greater religious freedom, throughout the country.
"(c)
"(1)
"(A) describes the long-term strategy of the United States—
"(i) to engage with the Government of Saudi Arabia to facilitate political, economic, and social reforms, including greater religious freedom, that will enhance the ability of the Government of Saudi Arabia to combat international terrorism; and
"(ii) to work with the Government of Saudi Arabia to combat terrorism, including through effective measures to prevent and prohibit the financing of terrorists by Saudi institutions and citizens; and
"(B) provides an assessment of the progress made by Saudi Arabia since 2001 on the matters described in subparagraph (A), including—
"(i) whether Saudi Arabia has become a party to the International Convention for the Suppression of the Financing of Terrorism; and
"(ii) the activities and authority of the Saudi Nongovernmental National Commission for Relief and Charity Work Abroad.
"(2)
[For definition of "appropriate congressional committees" as used in section 2043 of
[For assignment of functions of President under section 2043(c)(1) of
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
"(a)
"(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)
"(c)
"(1)
"(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)
"(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
"(a)
"(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)
"(1)
"(2)
"(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)
"(c)
"(1)
"(2)
[Functions of President under subsec. (c) of section 7204 of
East Timor Transition to Independence
"SEC. 631. SHORT TITLE.
"This subtitle may be cited as the 'East Timor Transition to Independence Act of 2002'.
"SEC. 632. BILATERAL ASSISTANCE.
"(a)
"(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)
"(1)
"(2)
"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)
"(b)
"(1)
"(2)
"(A)
"(B)
"(c)
"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 [now United States Agency for Global Media] should broadcast to East Timor in an appropriate language or languages.
"SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR.
"(a)
"(1)
"(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 [
"(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)
"(b)
"(1)
"(A) to transfer excess defense articles under section 516 of the Foreign Assistance Act of 1961 (
"(B) to provide military education and training under
"(2)
"(A) East Timor has established an independent armed forces; and
"(B) the assistance proposed to be provided pursuant to paragraph (1)—
"(i) is in the national security interests of the United States; and
"(ii) will promote both human rights in East Timor and the professionalization of the armed forces of East Timor.
"SEC. 638. REPORTING REQUIREMENT.
"(a)
"(b)
"(1) developments in East Timor's political and economic situation in the period covered by the report, including an evaluation of any elections which have occurred in East Timor and the refugee reintegration process in East Timor;
"(2) in the initial report, a 3-year plan for United States foreign assistance to East Timor in accordance with section 632, prepared by the Administrator of the United States Agency for International Development, which outlines the goals for United States foreign assistance to East Timor during the 3-year period;
"(3) a description of the activities undertaken in East Timor by the International Bank for Reconstruction and Development, the Asian Development Bank, and other international financial institutions, and an evaluation of the effectiveness of these activities;
"(4) an assessment of the status of United States trade and investment relations with East Timor, including a detailed analysis of any trade and investment-related activity supported by the Overseas Private Investment Corporation [now the United States International Development Finance Corporation], the Export-Import Bank of the United States, or the Trade and Development Agency during the period of time since the previous report;
"(5) a comprehensive study and report on local agriculture in East Timor, emerging opportunities for producing, processing, and exporting indigenous agricultural products, and recommendations for appropriate technical assistance from the United States; and
"(6) statistical data drawn from other sources on economic growth, health, education, and distribution of resources in East Timor."
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
[For definitions of "appropriate congressional committees" and "Secretary" as used in subtitle C of title VI of div. A of
[For Presidential certification authorizing security assistance to East Timor pursuant to section 637(b)(2) of
Pacific Charter Commission
Record of War Criminals and Sanctioned Countries, Entities, and Municipalities; Role of Human Rights Organizations and Government Agencies
"(e)
"(g)
"(1)
"(2)
"(3)
"[(4) Repealed.
"(5)
"(j)
"(1)
"(2)
"(3)
"(4)
"(k)
[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
Similar provisions were contained in the following prior appropriation act:
Report Concerning Financial Disadvantages for Administrative and Technical Personnel
Prisoner Information Registry for the People's Republic of China
"(a)
"(b)
"(c)
Report to Congress on Activities of North Korean Armed Forces
Reports to War Crimes Tribunal for Former Yugoslavia
Similar provisions were contained in the following appropriation acts:
Reporting Requirements on Occupied Tibet
"(a)
"(1) it is the sense of the Congress that the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in exile, concerning the situation in Tibet and the future of the Tibetan people and to expand and strengthen United States-Tibet cultural and educational relations, including promoting bilateral exchanges arranged directly with the Tibetan Government in exile; and
"(2) not later than 6 months after the date of enactment of this Act [Apr. 30, 1994], and every 12 months thereafter, the Secretary of State shall transmit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a report on the state of relations between the United States and those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in exile, and on conditions in Tibet.
"(b)
"(1) It is the sense of the Congress that whenever a report is transmitted to the Congress on a country-by-country basis there should be included in such report, where applicable, a separate report on Tibet listed alphabetically with its own state heading.
"(2) The reports referred to in paragraph (1) include, but are not limited to, reports transmitted under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 [
Cambodian Genocide
"SEC. 571. SHORT TITLE.
"This part may be cited as the 'Cambodian Genocide Justice Act'.
"SEC. 572. POLICY.
"(a)
"(b)
"(1) to collect, or assist appropriate organizations and individuals to collect relevant data on crimes of genocide committed in Cambodia;
"(2) in circumstances which the President deems appropriate, to encourage the establishment of a national or international criminal tribunal for the prosecution of those accused of genocide in Cambodia; and
"(3) as necessary, to provide such national or international tribunal with information collected pursuant to paragraph (1).
"SEC. 573. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.
"(a)
"(2) The Office may carry out its activities inside or outside of Cambodia, except that not less than 75 percent of the funds made available for the Office and its activities shall be used to carry out activities within Cambodia.
"(b)
"(1) to investigate crimes against humanity committed by national Khmer Rouge leaders during that period;
"(2) to provide the people of Cambodia with access to documents, records, and other evidence held by the Office as a result of such investigation;
"(3) to submit the relevant data to a national or international penal tribunal that may be convened to formally hear and judge the genocidal acts committed by the Khmer Rouge; and
"(4) to develop the United States proposal for the establishment of an international criminal tribunal for the prosecution of those accused of genocide in Cambodia.
"(c)
"(d)
"SEC. 574. REPORTING REQUIREMENT.
"(a)
"(1) that describes the activities of the Office, and sets forth new facts learned about past Khmer Rouge practices, during the preceding 6-month period; and
"(2) that describes the steps the President has taken during the preceding 6-month period to promote human rights, to support efforts to bring to justice the national political and military leadership of the Khmer Rouge, and to prevent the recurrence of human rights abuses in Cambodia through actions which are not related to United Nations activities in Cambodia.
"(b)
[Functions of President under section 574 of
Broadening Cultural, Geographic, and Ethnic Representation of Foreign Service and Department of State; Plan
Prohibition on Use of Funds for Political Purposes
"(1) for publicity or propaganda purposes designed to support or defeat legislation pending before Congress;
"(2) to influence in any way the outcome of a political election in the United States; or
"(3) for any publicity or propaganda purposes not authorized by Congress."
Consular and Diplomatic Posts Abroad
Closing of Diplomatic and Consular Posts in Antigua and Barbuda
Assignment of Drug Enforcement Administration Agents Abroad
Waiver of Provisions of Public Law 100–204 During Fiscal Years 1988 and 1989
Report to Congress on Soviet Breach of Duties Obligations to United States Diplomats or Missions
Responsibility of United States Missions To Promote Freedom of Press Abroad
"(a)
"(b)
"(1) allows foreign news correspondents into the country and does not subject them to harassment or restrictions;
"(2) allows nongovernment-owned press to operate in the country; and
"(3) does not subject the press in the country to systematic censorship."
Emergency Telephone Service at United States Consular Offices
Torture by Foreign Governments; United States Policy in Opposition; Implementation
"(1) to instruct the Permanent Representative of the United States to the United Nations to continue to raise the issue of torture practiced by governments; and
"(2) to continue to involve the United States Government in the formulation of international standards and effective implementing mechanisms, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
"(b) In order to implement the policy expressed in the first section of this resolution, the Secretary of State is requested to issue formal instructions to each United States chief of mission regarding United States policy with respect to torture, including—
"(1) instructions—
"(A) to examine allegations of the practice of torture, particularly allegations concerning the existence of secret detention, extended incommunicado detention, and restrictions on access by family members, lawyers, and independent medical personnel to detainees; and
"(B) to forward such information as may be gathered, including information regarding any efforts made by the host government to reduce and eliminate the practice of torture, to the Assistant Secretary of State for Human Rights and Humanitarian Affairs for analysis in preparing the Department's annual country reports on human rights practices;
"(2) in the case of a chief of mission assigned to a country where torture is regularly practiced, instructions to report on a periodic basis as circumstances require to the Assistant Secretary of State for Human Rights and Humanitarian Affairs regarding efforts made by the respective United States diplomatic mission to implement United States policy with respect to combating torture;
"(3) instructions to meet with indigenous human rights monitoring groups knowledgeable about the practice of torture for the purpose of gathering information about such practice; and
"(4) instructions to express concern in individual cases of torture brought to the attention of a United States diplomatic mission including, whenever feasible, sending United States observers to trials when there is reason to believe that torture has been used against the accused.
"(c) The Secretary of Commerce should continue to enforce vigorously the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979 [
"(d) The heads of the appropriate departments of the United States Government that furnish military and law enforcement training to foreign personnel, particularly personnel from countries where the practice of torture has been a documented concern, shall include in such training, when relevant, instruction regarding international human rights standards and the policy of the United States with respect to torture."
[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
United States Diplomatic Relations With the Vatican
Reopening Certain United States Consulates
"(b) None of the funds made available under this [
"(c) The consulates referred to in subsections (a) [section 103(a) of
United States Consulates
Action With Regard to International Journalistic Freedom
"(a) The Congress finds that—
"(1) news dissemination and the free flow of information across national boundaries are vital to international understanding and to healthy relations among countries; and
"(2) recurring and reliable reports strongly indicate that in many countries foreign news correspondents are subject to governmental harassment and restriction, including the denial of access to legitimate news sources, the imposition of censorship, and detention, incarceration, and expulsion.
"(b) It is therefore the sense of the Congress that the President should—
"(1) advise the appropriate officials of any foreign government which subjects foreign news correspondents to harassment and restrictions that the United States considers such mistreatment a significant and potentially damaging factor in overall relations of the United States with such country; and
"(2) raise in appropriate international forums the issue of the treatment of foreign news correspondents, with a view toward gaining multilateral support for the legitimate rights of such correspondents.
"(c) [Repealed.
Diplomatic Relations With Foreign Government Not Indication of Approval of Such Government
Executive Documents
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
Executive Order No. 13584
Ex. Ord. No. 13584, Sept. 9, 2011, 76 F.R. 56945, which related to developing an integrated strategic counterterrorism communications initiative and establishing a temporary organization to support certain government-wide communications activities directed abroad, was revoked by Ex. Ord. No. 13721, §2, Mar. 17, 2016, 81 F.R. 14685, set out below.
Ex. Ord. No. 13721. Developing an Integrated Global Engagement Center To Support Government-wide Counterterrorism Communications Activities Directed Abroad and Revoking Executive Order 13584
Ex. Ord. No. 13721, Mar. 14, 2016, 81 F.R. 14685, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) coordinating, integrating, and synchronizing all public communications of the United States Government directed toward foreign audiences abroad in order to counter the messaging and diminish the influence of international terrorist organizations and other violent extremists abroad;
(b) developing and promulgating throughout the executive branch, on the basis of rigorous research and modern data analysis, the U.S. strategic counterterrorism narratives, guidance, and associated communications strategies directed toward foreign audiences abroad in order to counter the messaging and diminish the influence of international terrorist organizations and other violent extremists abroad;
(c) consulting and engaging, in coordination with agencies and the Countering Violent Extremism Task Force, as appropriate, with a range of communications-related actors and entities, within the United States and abroad, including governments, private sector and civil society entities, in order to contribute to U.S. Government efforts to counter the communications-related radicalization to violence and recruitment activities of international terrorist organizations and other violent extremists abroad, while also building the capacity of partners to create resonant positive alternative narratives and to diminish the influence of such international terrorist organizations and other violent extremists abroad;
(d) identifying, engaging, employing, or acquiring the best available talent across the U.S. and from global private sectors, academia, and elsewhere to support the Center's mission;
(e) identifying shortfalls in any U.S. capabilities in any areas relevant to the Center's mission and implementing or recommending, as appropriate, necessary enhancements or changes; and
(f) developing, supporting, and sustaining networks of governmental and non-governmental partners, to provide original content and disseminate messaging products to foreign audiences abroad and to create, develop, and sustain effective positive alternative narratives consistent with U.S. policy objectives.
(a) details or assignments of personnel, which shall be based on reasonable requests in light of the need for specific domain expertise, and after consultation with the relevant agency to ensure that such requests align with their authorities and resources;
(b) the use of physical premises, equipment, and logistical or administrative support;
(c) relevant information, research, intelligence, and analysis; and
(d) such other resources and assistance as the Coordinator may request for the purpose of carrying out the responsibilities outlined in this order.
(b) The purpose of the GECCO shall be to perform the specific project of providing technical, marketing, management, and operational support to the Center in its efforts to build and maintain a network of partners outside the U.S. Government, including private sector entities and non-governmental organizations, and to develop research and analytics to enable measurement and evaluation of the activities of the Center and related activities conducted by other agencies.
(c) In carrying out the purposes set forth in subsection (b) of this section, the GECCO shall:
(i) provide technical, marketing, management, and operational support for the management of contracts, grants, and cooperative agreements;
(ii) assist the Center in building and maintaining partnerships with private sector entities, non-governmental organizations, and others as appropriate in support of the Center's mission;
(iii) design and develop sustained campaigns, in coordination with and primarily for use by private sector entities and non-governmental organizations, on specific areas of interest to foreign audiences abroad in support of the Center's mission;
(iv) conduct or commission baseline research to establish the basis for evaluation of the activities of the Center and related activities conducted by other agencies;
(v) develop analytical models and metrics, consistent with the Center's responsibilities, in order to enable measurement and evaluation of the activities of the Center in coordinating effective strategies to counter the messaging and diminish the influence of international terrorist organizations and other violent extremists abroad, and related activities conducted by other agencies; and
(vi) perform such other functions related to the specific project set forth in subsection (b) of this section as the Secretary may assign.
(d) The GECCO shall be headed by the Coordinator. Its staff may include, as determined by the Coordinator: (1) personnel with relevant expertise detailed on a non-reimbursable basis from other agencies; (2) senior and other technical advisers; (3) executive-level personnel; and (4) such other personnel as the Secretary may request to support the GECCO. To accomplish this mission, the heads of agencies shall, upon request, provide to the GECCO, on a non-reimbursable basis, assistance, services, and other support including but not limited to logistical and administrative support and details of personnel to the extent permitted by law. Non-reimbursable details to the GECCO shall be based on reasonable requests from the Coordinator in light of the need for specific expertise, and after consultation with the relevant agency, to the extent permitted by law.
(e) The GECCO shall terminate at the end of the maximum period permitted by
(f) The termination of the GECCO as required by subsection (e) of this section shall not be interpreted to imply the termination, attenuation or amendment of any other authority or provision of this order.
(i) authority granted by law to an agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Presidential Certification Authorizing Security Assistance to East Timor
Determination of President of the United States, No. 2003–19, Mar. 28, 2003, 68 F.R. 16167, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 637(b)(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 [
You are hereby authorized and directed to report this certification, accompanying memorandum of justification [not set out in the Code], and report on East Timor security assistance to the Congress, and to arrange for the publication of this memorandum in the Federal Register.
George W. Bush.
§2656a. Congressional declaration of findings of major significance of modern scientific and technological advances in foreign policy
The Congress finds that—
(1) the consequences of modern scientific and technological advances are of such major significance in United States foreign policy that understanding and appropriate knowledge of modern science and technology by officers and employees of the United States Government are essential in the conduct of modern diplomacy;
(2) many problems and opportunities for development in modern diplomacy lie in scientific and technological fields;
(3) in the formulation, implementation, and evaluation of the technological aspects of United States foreign policy, the United States Government should seek out and consult with both public and private industrial, academic, and research institutions concerned with modern technology; and
(4) the effective use of science and technology in international relations for the mutual benefit of all countries requires the development and use of the skills and methods of long-range planning.
(
§2656b. Congressional declaration of policy regarding consequences of science and technology on conduct of foreign policy
In order to maximize the benefits and to minimize the adverse consequences of science and technology in the conduct of foreign policy, the Congress declares the following to be the policy of the United States:
(1) Technological opportunities, impacts, changes, and threats should be anticipated and assessed, and appropriate measures should be implemented to influence such technological developments in ways beneficial to the United States and other countries.
(2) The mutually beneficial applications of technology in bilateral and multilateral agreements and activities involving the United States and foreign countries or international organizations should be recognized and supported as an important element of United States foreign policy.
(3) The United States Government should implement appropriate measures to insure that individuals are trained in the use of science and technology as an instrument in international relations and that officers and employees of the United States Government engaged in formal and informal exchanges of scientific and technical information, personnel, and hardware are knowledgeable in international affairs.
(4) In recognition of the environmental and technological factors that change relations among countries and in recognition of the growing interdependence between the domestic and foreign policies and programs of the United States, United States foreign policy should be continually reviewed by the executive and legislative branches of the Government to insure appropriate and timely application of science and technology to the conduct of United States foreign policy.
(5) Federally supported international science and technology agreements should be negotiated to ensure that—
(A) intellectual property rights are properly protected; and
(B) access to research and development opportunities and facilities, and the flow of scientific and technological information, are, to the maximum extent practicable, equitable and reciprocal.
(
Editorial Notes
Amendments
1988—Par. (5).
§2656c. Responsibilities of President
(a) Identification, evaluation and initiation of scientific and technological developments
The President, in consultation with the Director of the Office of Science and Technology Policy and other officials whom the President considers appropriate, shall—
(1) notwithstanding any other provision of law, insure that the Secretary of State is informed and consulted before any agency of the United States Government takes any major action, primarily involving science or technology, with respect to any foreign government or international organization;
(2) identify and evaluate elements of major domestic science and technology programs and activities of the United States Government with significant international implications;
(3) identify and evaluate international scientific or technological developments with significant implications for domestic programs and activities of the United States Government; and
(4) assess and initiate appropriate international scientific and technological activities which are based upon domestic scientific and technological activities of the United States Government and which are beneficial to the United States and foreign countries.
(b) Repealed. Pub. L. 104–66, title I, §1111(b), Dec. 21, 1995, 109 Stat. 723
(c) Disclosure of sensitive information
Except as otherwise provided by law, nothing in this section shall be construed as requiring the public disclosure of sensitive information relating to intelligence sources or methods or to persons engaged in monitoring scientific or technological developments for intelligence purposes.
(d) Availability to United States Trade Representative of information and recommendations
(1) The information and recommendations developed under subsection (b)(3) shall be made available to the United States Trade Representative for use in his consultations with Federal agencies pursuant to Executive orders pertaining to the transfer of science and technology.
(2) In providing such information and recommendations, the President shall utilize information developed by any Federal departments, agencies, or interagency committees as he may consider necessary.
(
Editorial Notes
Amendments
1995—Subsec. (b).
1988—Subsec. (b).
Subsec. (b)(3).
Subsec. (d).
§2656d. Responsibilities of Secretary of State
(a) Coordination and oversight over science and technology agreements between United States and foreign countries, etc.
(1) In order to implement the policies set forth in
(2) In coordinating and overseeing such agreements and activities, the Secretary shall consider (A) scientific merit; (B) equity of access as described in
(3) Prior to entering into negotiations on such an agreement or activity, the Secretary shall provide Federal agencies which have primary responsibility for, or substantial interest in, the subject matter of the agreement or activity, including those agencies responsible for—
(A) Federal technology management policies set forth by
(B) national security policies;
(C) United States trade policies; and
(D) relevant Executive orders,
with an opportunity to review the proposed agreement or activity to ensure its consistency with such policies and Executive orders, and to ensure effective interagency coordination.
(b) Long-term contracts, grants, to obtain studies, etc., with respect to application of science and technology to foreign policy
The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into long-term contracts, including contracts for the services of consultants, and shall make grants and take other appropriate measures in order to obtain studies, analyses, and recommendations from knowledgeable persons and organizations with respect to the application of science or technology to problems of 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
The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into short-term and long-term contracts, including contracts for the services of consultants, and shall make grants and take other appropriate measures in order to obtain assistance from knowledgeable persons and organizations in training officers and employees of the United States Government, at all levels of the Foreign Service and Civil Service—
(1) in the application of science and technology to problems of United States foreign policy and international relations generally; and
(2) in the skills of long-range planning and analysis with respect to the scientific and technological aspects of United States foreign policy.
(d) Detached service for graduate studies
In obtaining assistance pursuant to subsection (c) in training personnel who are officers or employees of the Department of State, the Secretary may provide for detached service for graduate study at accredited colleges and universities.
(
Editorial Notes
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a)(3)(A), is
Amendments
1988—Subsec. (a).
1982—Subsec. (e).
Statutory Notes and Related Subsidiaries
Multilateral Agreement Governing Use of Nuclear-Powered Satellites
"(a) The Congress finds that—
"(1) no international regime governs the use of nuclear-powered satellites in space;
"(2) the unregulated use of such technology poses the possibility of catastrophic damage to human life and the global environment; and
"(3) this danger has been evidenced by mishaps encountered, despite certain precautions, by nuclear-powered satellites of both the United States and the Soviet Union.
"(b) It is therefore the sense of the Congress that the United States should take the initiative immediately in seeking a multilateral agreement governing the use of nuclear-powered satellites in space.
"(c) [Repealed.
§2656e. Terrorism-related travel advisories
The Secretary of State shall promptly advise the Congress whenever the Department of State issues a travel advisory, or other public warning notice for United States citizens traveling abroad, because of a terrorist threat or other security concern.
(
§2656f. Annual country reports on terrorism
(a) Requirement of annual country reports on terrorism
The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by April 30 of each year, a full and complete report providing—
(1)(A) detailed assessments with respect to each foreign country—
(i) in which acts of international terrorism occurred which were, in the opinion of the Secretary, of major significance;
(ii) about which the Congress was notified during the preceding five years pursuant to section 4605(j) 1 of title 50; and
(iii) which the Secretary determines should be the subject of such report; and
(B) detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations;
(2) all relevant information about the activities during the preceding year of any terrorist group, and any umbrella group under which such terrorist group falls, known to be responsible for the kidnapping or death of an American citizen during the preceding five years, any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction, any terrorist group known to be financed by countries about which Congress was notified during the preceding year pursuant to section 4605(j) 1 of title 50, any group designated by the Secretary as a foreign terrorist organization under
(3) with respect to each foreign country from which the United States Government has sought cooperation during the previous five years in the investigation or prosecution of an act of international terrorism against United States citizens or interests, information on—
(A) the extent to which the government of the foreign country is cooperating with the United States Government in apprehending, convicting, and punishing the individual or individuals responsible for the act; and
(B) the extent to which the government of the foreign country is cooperating in preventing further acts of terrorism against United States citizens in the foreign country; and
(4) with respect to each foreign country from which the United States Government has sought cooperation during the previous five years in the prevention of an act of international terrorism against such citizens or interests, the information described in paragraph (3)(B).
(b) Provisions to be included in report
The report required under subsection (a) should to the extent feasible include (but not be limited to)—
(1) with respect to subsection (a)(1)(A)—
(A) a review of major counterterrorism efforts undertaken by countries which are the subject of such report, including, as appropriate, steps taken in international fora;
(B) the response of the judicial system of each country which is the subject of such report with respect to matters relating to terrorism affecting American citizens or facilities, or which have, in the opinion of the Secretary, a significant impact on United States counterterrorism efforts, including responses to extradition requests; and
(C) significant support, if any, for international terrorism by each country which is the subject of such report, including (but not limited to)—
(i) political and financial support;
(ii) diplomatic support through diplomatic recognition and use of the diplomatic pouch;
(iii) providing sanctuary to terrorists or terrorist groups;
(iv) providing weapons of mass destruction, or assistance in obtaining or developing such weapons, to terrorists or terrorist groups; 2
(v) the positions (including voting records) on matters relating to terrorism in the General Assembly of the United Nations and other international bodies and fora of each country which is the subject of such report;
(2) with respect to subsection (a)(1)(B)—
(A) the extent of knowledge by the government of the country with respect to terrorist activities in the territory of the country; and
(B) the actions by the country—
(i) to eliminate each terrorist sanctuary in the territory of the country;
(ii) to cooperate with United States antiterrorism efforts; and
(iii) to prevent the proliferation of and trafficking in weapons of mass destruction in and through the territory of the country;
(3) 3 with respect to subsection (a)(2), any—
(A) significant financial support provided by foreign governments to those groups directly, or provided in support of their activities;
(B) provisions of significant military or paramilitary training or transfer of weapons by foreign governments to those groups;
(C) efforts by those groups to obtain or develop weapons of mass destruction;
(D) provision of diplomatic recognition or privileges by foreign governments to those groups;
(E) provision by foreign governments of sanctuary from prosecution to these groups or their members responsible for the commission, attempt, or planning of an act of international terrorism; and
(F) efforts by the United States to eliminate international financial support provided to those groups directly or provided in support of their activities;
(4) 3 a strategy for addressing, and where possible eliminating, terrorist sanctuaries that shall include—
(A) a description of terrorist sanctuaries, together with an assessment of the priorities of addressing and eliminating such sanctuaries;
(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries;
(C) a description of efforts by the United States to work with other countries in bilateral and multilateral fora to address or eliminate terrorist sanctuaries and disrupt or eliminate the security provided to terrorists by such sanctuaries; and
(D) a description of long-term goals and actions designed to reduce the conditions that allow the formation of terrorist sanctuaries; and
(5) an update of the information contained in the report required to be transmitted to Congress under 7120(b) 4 of the 9/11 Commission Implementation Act of 2004.
(3) 5 to the extent practicable, complete statistical information on the number of individuals, including United States citizens and dual nationals, killed, injured, or kidnapped by each terrorist group during the preceding calendar year; and
(4) 5 an analysis, as appropriate, of trends in international terrorism, including changes in technology used, methods and targets of attack, demographic information on terrorists, and other appropriate information.
(c) Classification of report
(1) Except as provided in paragraph (2), the report required under subsection (a) shall, to the extent practicable, be submitted in an unclassified form and may be accompanied by a classified appendix.
(2) If the Secretary of State determines that the transmittal of the information with respect to a foreign country under paragraph (3) or (4) of subsection (a) in classified form would make more likely the cooperation of the government of the foreign country as specified in such paragraph, the Secretary may transmit the information under such paragraph in classified form.
(d) Definitions
As used in this section—
(1) the term "international terrorism" means terrorism involving citizens or the territory of more than 1 country;
(2) the term "terrorism" means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents;
(3) the term "terrorist group" means any group practicing, or which has significant subgroups which practice, international terrorism;
(4) the terms "territory" and "territory of the country" mean the land, waters, and airspace of the country; and
(5) the terms "terrorist sanctuary" and "sanctuary" mean an area in the territory of the country—
(A) that is used by a terrorist or terrorist organization—
(i) to carry out terrorist activities, including training, fundraising, financing, and recruitment; or
(ii) as a transit point; and
(B) the government of which expressly consents to, or with knowledge, allows, tolerates, or disregards such use of its territory and is not subject to a determination under—
(i) section 4605(j)(1)(A) 1 of title 50;
(ii)
(iii)
(e) Reporting period
(1) The report required under subsection (a) shall cover the events of the calendar year preceding the year in which the report is submitted.
(2) The report required by subsection (a) to be submitted by March 31, 1988, may be submitted no later than August 31, 1988.
(
Editorial Notes
References in Text
[Section] 7120(b) of the 9/11 Commission Implementation Act of 2004, referred to in subsec. (b)(5), is section 7120(b) of
Amendments
2004—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(1)(C)(iv).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(C) to (F).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (d)(4), (5).
1996—Subsec. (a)(3), (4).
Subsec. (c).
1994—Subsec. (b)(2)(E).
1990—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendments
Amendment by
Terrorist Sanctuaries
"(a)
"(1) Complex terrorist operations require locations that provide such operations sanctuary from interference by Government or law enforcement personnel.
"(2) A terrorist sanctuary existed in Afghanistan before September 11, 2001.
"(3) The terrorist sanctuary in Afghanistan provided direct and indirect value to members of al Qaeda who participated in the terrorist attacks on the United States on September 11, 2001, and in other terrorist operations.
"(4) Terrorist organizations have fled to some of the least governed and most lawless places in the world to find sanctuary.
"(5) During the 21st century, terrorists are often focusing on remote regions and failing states as locations to seek sanctuary.
"(b)
"(1) to identify foreign countries that are being used as terrorist sanctuaries;
"(2) to assess current United States resources and tools being used to assist foreign governments to eliminate such sanctuaries;
"(3) to develop and implement a coordinated strategy to prevent terrorists from using such foreign countries as sanctuaries; and
"(4) to work in bilateral and multilateral fora to elicit the cooperation needed to identify and address terrorist sanctuaries that may exist today, but, so far, remain unknown to governments."
Report on Terrorist Activity in Which United States Citizens Were Killed and Related Matters
"(a)
"(1) A list of formal commitments the Palestinian Authority has made to combat terrorism.
"(2) A list of terrorist attacks, occurring between September 13, 1993 and the date of the report, against United States citizens in Israel, in territory administered by Israel, or in territory administered by the Palestinian Authority, including—
"(A) a list of all citizens of the United States killed or injured in such attacks;
"(B) the date of each attack and the total number of people killed or injured in each attack;
"(C) the person or group claiming responsibility for the attack and where such person or group has found refuge or support;
"(D) a list of suspects implicated in each attack and the nationality of each suspect, including information on—
"(i) which suspects are in the custody of the Palestinian Authority and which suspects are in the custody of Israel;
"(ii) which suspects are still at large in areas controlled by the Palestinian Authority or Israel; and
"(iii) the whereabouts (or suspected whereabouts) of suspects implicated in each attack.
"(3) Of the suspects implicated in the attacks described in paragraph (2) and detained by Palestinian or Israeli authorities, information on—
"(A) the date each suspect was incarcerated;
"(B) whether any suspects have been released, the date of such release, and whether any released suspect was implicated in subsequent acts of terrorism; and
"(C) the status of each case pending against a suspect, including information on whether the suspect has been indicted, prosecuted, or convicted by the Palestinian Authority or Israel.
"(4) The policy of the Department of State with respect to offering rewards for information on terrorist suspects, including any information on whether a reward has been posted for suspects involved in terrorist attacks listed in the report.
"(5) A list of each request by the United States for assistance in investigating terrorist attacks listed in the report, a list of each request by the United States for the transfer of terrorist suspects from the Palestinian Authority and Israel since September 13, 1993, and the response to each request from the Palestinian Authority and Israel.
"(6) A description of efforts made by United States officials since September 13, 1993 to bring to justice perpetrators of terrorist acts against United States citizens as listed in the report.
"(7) A list of any terrorist suspects in these cases who are members of Palestinian police or security forces, the Palestine Liberation Organization, or any Palestinian governing body.
"(8) A list of all United States citizens killed or injured in terrorist attacks in Israel or in territory administered by Israel between 1950 and September 13, 1993, to include in each case, where such information is reasonably available, any stated claim of responsibility and the resolution or disposition of each case, except that this list shall be submitted only once with the initial report required under this section unless additional relevant information on these cases becomes available.
"(b)
"(c)
1 See References in Text note below.
2 So in original. Probably should be followed by "and".
3 So in original. Another par. (3) and par. (4) follow par. (5).
4 So in original. Probably should be preceded by the word "section".
5 So in original. Another par. (3) and par. (4) precede par. (5).
§2656g. Report on terrorist assets in United States
(a) Reports to Congress
Beginning 90 days after October 28, 1991, and every 365 days thereafter, the Secretary of the Treasury, in consultation with the Attorney General and appropriate investigative agencies, shall submit to the Committee on Foreign Relations and the Committee on Finance of the Senate and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives a report describing the nature and extent of assets held in the United States by terrorist countries and any organization engaged in international terrorism. Each such report shall provide a detailed list and description of specific assets.
(b) Definitions
For purposes of this section—
(1) the term "terrorist countries", refers to countries designated by the Secretary of State under
(2) the term "international terrorism" has the meaning given such term in
(
Editorial Notes
Amendments
1994—Subsec. (a).
§2656h. International credit reports
(a) Report on loan criteria
Not later than 90 days after October 28, 1991, the Assistant Secretary of State for Economic and Business Affairs, in consultation with the Secretary of the Treasury, shall submit to the Chairman of the Foreign Relations Committee of the Senate and the Speaker of the House of Representatives a report setting forth clear criteria for bilateral loans by which the United States can determine the likelihood of repayment by a country seeking to receive United States loans. The report should include the criteria used for—
(1) assessing country risk;
(2) projecting loan repayments; and
(3) estimating subsidy levels.
(b) Reports on loans
Beginning 180 days after the submission of the report in subsection (a) and annually thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a report to the Chairman of the Foreign Relations Committee of the Senate and the Speaker of the House of Representatives showing actual repayments by country and by program to the United States Government for the previous 5 years and the scheduled repayments to the United States Government for the next 5 years.
(
Editorial Notes
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
§2656i. Counterdrug and anticrime activities of Department of State
(a) Counterdrug and law enforcement strategy
(1) Requirement
Not later than 180 days after October 21, 1998, the Secretary of State shall establish, implement, and submit to Congress a comprehensive, long-term strategy to carry out the counterdrug responsibilities of the Department of State in a manner consistent with the National Drug Control Strategy. The strategy shall involve all elements of the Department in the United States and abroad.
(2) Objectives
In establishing the strategy, the Secretary shall—
(A) coordinate with the Office of National Drug Control Policy in the development of clear, specific, and measurable counterdrug objectives for the Department that support the goals and objectives of the National Drug Control Strategy;
(B) develop specific and, to the maximum extent practicable, quantifiable measures of performance relating to the objectives, including annual and long-term measures of performance, for purposes of assessing the success of the Department in meeting the objectives;
(C) assign responsibilities for meeting the objectives to appropriate elements of the Department;
(D) develop an operational structure within the Department that minimizes impediments to meeting the objectives;
(E) ensure that every United States ambassador or chief of mission is fully briefed on the strategy, and works to achieve the objectives; and
(F) ensure that—
(i) all budgetary requests and transfers of equipment (including the financing of foreign military sales and the transfer of excess defense articles) relating to international counterdrug efforts conforms with the objectives; and
(ii) the recommendations of the Department regarding certification determinations made by the President on March 1 as to the counterdrug cooperation, or adequate steps on its own, of each major illicit drug producing and drug trafficking country to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances also conform to meet such objectives.
(3) Reports
Not later than February 15 of each year subsequent to the submission of the strategy described in paragraph (1), the Secretary shall submit to Congress an update of the strategy. The update shall include—
(A) an outline of the proposed activities with respect to the strategy during the succeeding year, including the manner in which such activities will meet the objectives set forth in paragraph (2); and
(B) detailed information on how certification determinations described in paragraph (2)(F) made the previous year affected achievement of the objectives set forth in paragraph (2) for the previous calendar year.
(4) Limitation on delegation
The Secretary shall designate an official in the Department who reports directly to the Secretary to oversee the implementation of the strategy throughout the Department.
(b) Information on international criminals
(1) Information system
The Secretary shall, in consultation with the heads of appropriate United States law enforcement agencies, including the Attorney General and the Secretary of the Treasury, take appropriate actions to establish an information system or improve existing information systems containing comprehensive information on serious crimes committed by foreign nationals. The information system shall be available to United States embassies and missions abroad for use in consideration of applications for visas for entry into the United States.
(2) Report
Not later than 180 days after October 21, 1998, the Secretary shall submit to the appropriate congressional committees a report on the actions taken under paragraph (1).
(c) Overseas coordination of counterdrug and anticrime programs, policy, and assistance
(1) Strengthening coordination
The responsibilities of every diplomatic mission of the United States shall include the strengthening of cooperation between and among the United States and foreign governmental entities and multilateral entities with respect to activities relating to international narcotics and crime.
(2) Designation of officers
(A) In general
Consistent with existing memoranda of understanding between the Department of State and other departments and agencies of the United States, including the Department of Justice, the chief of mission of every diplomatic mission of the United States shall designate an officer or officers within the mission to carry out the responsibility of the mission under paragraph (1), including the coordination of counterdrug, law enforcement, rule of law, and administration of justice programs, policy, and assistance. Such officer or officers shall report to the chief of mission, or the designee of the chief of mission, on a regular basis regarding activities undertaken in carrying out such responsibility.
(B) Reports
The chief of mission of every diplomatic mission of the United States shall submit to the Secretary on a regular basis a report on the actions undertaken by the mission to carry out such responsibility.
(3) Report to Congress
Not later than 180 days after October 21, 1998, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the status of any proposals for action or on action undertaken to improve staffing and personnel management at diplomatic missions of the United States in order to carry out the responsibility set forth in paragraph (1).
(
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§2657. Custody of seals and property
The Secretary of State shall have the custody and charge of the seal of the Department of State, and of all the books, records, papers, furniture, fixtures, and other property which on June 22, 1874, remained in and appertained to the Department, or were thereafter acquired for it.
(R.S. §203.)
Editorial Notes
Codification
R.S. §203 derived from acts July 27, 1789, ch. 4, §§2, 4,
Section was formerly classified to
§2658. Repealed. Pub. L. 103–236, title I, §162(a), Apr. 30, 1994, 108 Stat. 405
Section, acts May 26, 1949, ch. 143, §4,
Statutory Notes and Related Subsidiaries
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
§2659. State statutes to be procured
The Secretary of State shall procure from time to time such of the statutes of the several States as may not be in his office.
(R.S. §206.)
Editorial Notes
Codification
R.S. §206 derived from act Sept. 23, 1789, No. 3,
Section was formerly classified to
Executive Documents
Abolition of Functions
Section 161 of former Title 5, Executive Departments and Government Officers and Employees [now this section], under which the Secretary of State was required to procure, from time to time, such of the statutes of the several States as might not be in his office, was affected by Reorg. Plan No. 20 of 1950, 2(a), eff. May 24, 1950, 15 F.R. 3178,
§2660. Copies of treaties furnished to Director of the Government Publishing Office
The Secretary of State shall furnish to the Director of the Government Publishing Office a correct copy of every treaty between the United States and any foreign government as soon as possible after it has been duly ratified and has been proclaimed by the President; and also of every postal convention made between the United States Postal Service, by and with the advice and consent of the President, on the part of the United States and foreign countries, as soon as possible after copies of such conventions have been transmitted to him by the United States Postal Service.
(R.S. §210; June 20, 1874, ch. 328,
Editorial Notes
Codification
R.S. §210 derived from acts Mar. 9, 1868, ch. 22, §1,
Section was formerly classified to
Provisions of R.S. §210, act June 20, 1874, and 1950 Reorg. Plan No. 20, cited as credits to this section, insofar as related to duty of Administrator of General Services to furnish to Public Printer a correct copy of every Act and joint resolution, as soon as possible after its approval by President, or after it has become a law in accordance with the Constitution without such approval, were classified to section 191a of former Title 44, Public Printing and Documents, prior to repeal and reenactment as
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in text on authority of section 1301(d) of
Transfer of Functions
"United States Postal Service" substituted in text for "Postmaster General" pursuant to section 4(a) of
Executive Documents
Transfer of Functions
Reorg. Plan No. 20 of 1950, set out in the Appendix to Title 5, Government Organization and Employees, transferred various functions of Secretary of State to Administrator of General Services but excepted from transfer the functions of Secretary of State with respect to treaties and other international agreements under R.S. §210, as amended (this section).
§2661. Procurement of information for corporations, firms and individuals; expense of cablegrams and telephone service involved; appropriation
On and after May 15, 1936, whenever the Secretary of State, in his discretion, procures information on behalf of corporations, firms, and individuals, the expense of cablegrams and telephone service involved may be charged against the respective appropriations for the service utilized; and reimbursement therefor shall be required from those for whom the information was procured and, when made, be credited to the appropriation under which the expenditure was charged.
The Secretary of State is authorized to accept reimbursement from corporations, firms, and individuals for the expenses of travel, translation, printing, special experts, and other extraordinary expenses (including such expenses as salaries and other personnel expenses) incurred in pursuing a claim on their behalf against a foreign government or other foreign entity. Such reimbursements shall be credited to the appropriation account against which the expense was initially charged.
(May 15, 1936, ch. 405,
Editorial Notes
Codification
Section was formerly classified to
Section is from the Department of State Appropriation Act, 1937, act May 15, 1936.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Mar. 22, 1935, ch. 39,
Apr. 7, 1934, ch. 104, title I,
Mar. 1, 1933, ch. 144, title I,
July 1, 1932, ch. 361, title I,
Feb. 23, 1931, ch. 280, title I,
Apr. 18, 1930, ch. 184, title I,
Amendments
1998—
1987—
§2661a. Foreign contracts or arrangements; discrimination
Information should not be disseminated about opportunities for, and there should be no participation or other assistance by any officer or employee of the Department of State (including the Agency for International Development) in, the negotiation of any contract or arrangement with a foreign country, individual, or entity, if—
(1) any United States person (as defined in
(2) such contract or arrangement requires that any such person be excluded from participating in the implementation of such contract or arrangement,
on account of the race, religion, national origin, or sex of such person in the case of an individual or, in the case of a partnership, corporation, association, or other entity, any officer, employee, agent, director, or owner thereof.
(
Editorial Notes
Amendments
1986—Par. (1).
§2661b. Services provided to the press
In fiscal year 2001 and thereafter reimbursements for services provided to the press in connection with the travel of senior-level officials may be collected and credited to this appropriation and shall remain available until expended.
(
Editorial Notes
References in Text
This appropriation, referred to in text, probably means appropriations under the headings "DEPARTMENT OF STATE", "
Statutory Notes and Related Subsidiaries
References to Diplomatic and Consular Programs Account
References to the Diplomatic and Consular Programs account to be construed to include the Diplomatic Programs account in fiscal year 2020 and each fiscal year thereafter, see par. (7) of title I of div. G of
§2662. Transferred
Editorial Notes
Codification
Section 2662, act Aug. 1, 1956, ch. 841, title I, §1 [part],
Section was formerly classified to
Similar provisions were contained in the following prior Department of State Appropriation Acts:
June 20, 1956, ch. 414, title I,
July 7, 1955, ch. 279, title I,
July 2, 1954, ch. 456, title I,
Aug. 5, 1953, ch. 328, title I,
July 10, 1952, ch. 651, title I,
Oct. 22, 1951, ch. 533, title I,
Sept. 6, 1950, ch. 896, title I,
July 20, 1949, ch. 354, title I,
June 3, 1948, ch. 400, title I,
July 9, 1947, ch. 211, title I,
See, also, the Codification note set out under
§2663. Omitted
Editorial Notes
Codification
Section, act July 5, 1946, ch. 541, title I,
Section was formerly classified to
Similar provisions were contained in the following prior Department of State Appropriation Acts:
May 21, 1945, ch. 129, title I,
June 28, 1944, ch. 294, title I,
July 1, 1943, ch. 182, title I,
July 2, 1942, ch. 472, title I,
June 28, 1941, ch. 258, title I,
May 14, 1940, ch. 189, title I,
§2664. Distribution of duties of officers, clerks, and employees
The Secretary of State may prescribe duties for the Assistant Secretaries and the clerks of bureaus, as well as for all the other employees in the department, and may make changes and transfers therein when, in his judgment, it becomes necessary.
(June 20, 1874, ch. 328,
Editorial Notes
Codification
Section was formerly classified to
Provisions of this section which related to the Solicitor of the Department were omitted in view of act May 24, 1924, which abolished the office.
§2664a. Protection of Civil Service employees
(a) Findings
The Congress finds that—
(1) the effectiveness and efficiency of the Department of State is dependent not only on the contribution of Foreign Service employees but equally on the contribution of the 42 percent of the Department's employees who are employed under the Civil Service personnel system;
(2) the contribution of these Civil Service employees has been overlooked in the management of the Department and greater equality of promotion, training, and career enhancement opportunities should be accorded to the Civil Service employees of the Department; and
(3) a goal of the Foreign Service Act of 1980 [
(b) Equitable reduction of budget
The Secretary of State shall take all appropriate steps to assure that the burden of cuts in the budget for the Department is not imposed disproportionately or inequitably upon its Civil Service employees.
(c) Establishment of Office of the Ombudsman for Civil Service Employees
There is established in the Office of the Secretary of State the position of Ombudsman for Civil Service Employees. The position of Ombudsman for Civil Service Employees shall be a career reserved position within the Senior Executive Service. The Ombudsman for Civil Service Employees shall report directly to the Secretary of State and shall have the right to participate in all Management Council meetings to assure that the ability of the Civil Service employees to contribute to the achievement of the Department's mandated responsibilities and the career interests of those employees are adequately represented. The position of Ombudsman for Civil Service Employees shall be designated from one of the Senior Executive Service positions (as defined in
(d) "Civil Service employees" defined
For purposes of this section, the term "Civil Service employees" means employees of the Federal Government except for members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 [
(
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsec. (a)(3), is
Statutory Notes and Related Subsidiaries
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
§2665. Personal services other than those provided for
There shall not be employed in the Department of State or in connection with said Department in the District of Columbia any personal services other than those which shall be specifically authorized or appropriated for.
(June 22, 1906, ch. 3514,
Editorial Notes
Codification
Section was formerly classified to
§2665a. Foreign Service fellowships
The Secretary of State is authorized to establish a Foreign Service fellowship program at the Department of State. The Foreign Service fellowship program shall provide a fellowship, for not less than 4 months, for academics in the area of international affairs who are members of the faculty of institutions of higher education. Such program shall give priority consideration in the award of fellowships to individuals teaching in programs in international affairs which serve significant numbers of students who are from cultural and ethnic groups which are underrepresented in the Foreign Service.
(
§§2666, 2667. Repealed. Pub. L. 99–93, title I, §125(c), Aug. 16, 1985, 99 Stat. 417
Section 2666, acts June 28, 1955, ch. 199, §1,
Section 2667, act June 28, 1955, ch. 199, §2, as added Aug. 27, 1964,
§2668. Requisitions for advances to pay lawful obligations
(a) Authorization; accounting
Notwithstanding the provisions of any other law the Secretary of State is authorized in his discretion to issue under the limitations and restrictions hereinafter established requisitions for advances of funds to disbursing officers of the Fiscal Service of the Treasury Department, under a "State account of advances" not to exceed the total amount of appropriations for the Department of State, the amounts so advanced to be used exclusively to pay upon proper vouchers obligations lawfully payable under the respective appropriations: Provided, That a separate "State account of advances" shall be established on the books of the Treasury Department relating to appropriations made to the Department of State for each fiscal year and that a "State account of advances" relating to the appropriations for one fiscal year shall not be used to pay vouchers pertaining to the appropriations of any other fiscal year. Expenditures from the amounts requisitioned under the "State account of advances" shall be charged to applicable appropriations on the books of the Treasury Department on the basis of transfer and counter warrants prepared in the State Department as of the close of each month and prior to audit, certification, or adjustment by the Government Accountability Office. The Government Accountability Office shall subsequently declare the sums finally due from the several appropriations upon audited vouchers according to law and shall certify the same to the Treasury Department which shall make the necessary adjustments between appropriations upon the basis of such audited settlements of the Government Accountability Office: Provided further, That such adjustments shall be reflected on the books of the Government in the month and fiscal year during which the audited settlements are certified to the Treasury.
(b) Removal of outstanding charges
A charge outstanding in the "State account of advances" shall be removed by crediting the account of advances and deducting the amount of the charge from an appropriation made available for advances to the Department of State when—
(1) relief has been granted or may be granted later to a disbursing official or agent of the Department operating under the account of advances and under a law having no provision for removing charges outstanding in the account of advances; or
(2) the charge has been—
(A) outstanding in the account of advances for 2 complete fiscal years; and
(B) certified by the Secretary of State to the Comptroller General as uncollectable.
(c) Financial liability of disbursing agent or official
Subsection (b) of this section does not affect the financial liability of a disbursing official or agent.
(Apr. 25, 1940, ch. 154,
Editorial Notes
Codification
Section was formerly classified to
Amendments
2004—Subsec. (a).
1982—
Executive Documents
Transfer of Functions
In subsec. (a), "Fiscal Service of the Treasury Department" substituted for "Division of Disbursement, Treasury Department" on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107,
§2668a. Disposition of trust funds received from foreign governments for citizens of United States
All moneys received by the Secretary of State from foreign governments and other sources, in trust for citizens of the United States or others, shall be deposited and covered into the Treasury.
The Secretary of State shall determine the amounts due claimants, respectively, from each of such trust funds, and certify the same to the Secretary of the Treasury, who shall, upon the presentation of the certificates of the Secretary of State, pay the amounts so found to be