Collapse to view only § 2651. Establishment of Department

§ 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.)
§ 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 section 5314 of title 5.

(2) Under Secretary for Arms Control and International Security

There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters.

(3) Under Secretary for Public DiplomacyThere 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 section 5315 of title 5. Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.

(2) Assistant Secretary of State for Democracy, Human Rights, and Labor
(A) There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Secretary of State shall carry out the Secretary’s responsibility under section 2304 of this title through the Assistant Secretary.
(B) The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy including the following:
(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 2151n and 2304 of this title are relevant.
(ii) Preparing the statements and reports to Congress required under section 2304 of this title.
(iii) Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 2151n and 2304 of this title, and as part of the Assistant Secretary’s overall policy responsibility for the creation of United States Government human rights policy, advising the Administrator of the Agency for International Development on the policy framework under which section 2151n(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects.
(iv) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.
(3) Assistant Secretary for International Narcotics and Law Enforcement Affairs
(A) In general

There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate.

(B) Areas of responsibilityThe Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters:
(i) Combating international narcotics production and trafficking.
(ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets.
(iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting.
(iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices.
(v) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime.
(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts.
(C) Additional dutiesIn addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also—
(i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies;
(ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department;
(iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized;
(iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 3927 of this title; and
(v) carry out such other relevant duties as the Secretary may assign.
(D) Rule of construction

Nothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.

(4) 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 contemplatedThe 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.
(C) Coordination

The Assistant Secretary authorized under subparagraph (A) shall coordinate with the Office of Sanctions Coordination established under subsection (h) with respect to the development and implementation of economic sanctions.

(5) 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

1 So in original. Probably should be “under”.
section 5315 of title 5 four other such appointments are authorized.

(e) Coordinator for Counterterrorism
(1) In general

There is within the office of the Secretary of State a Coordinator for Counterterrorism (in this paragraph referred to as the “Coordinator”) who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) Duties
(A) In general

The Coordinator shall perform such duties and exercise such powers as the Secretary of State shall prescribe.

(B) Duties described

The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State.

(3) Rank and status of Ambassador

The Coordinator shall have the rank and status of Ambassador at Large.

(f) HIV/AIDS Response Coordinator
(1) In general

There shall be established within the Department of State in the immediate office of the Secretary of State a Coordinator of United States Government Activities to Combat HIV/AIDS Globally, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary.

(2) Authorities and duties; definitions
(A) AuthoritiesThe 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 [22 U.S.C. 7601 et seq.] or any amendment made by that Act.

(ii) Specific dutiesThe 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 section 7671 of this title and all activities subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities.(XIII) Publicizing updated drug pricing data to inform the purchasing decisions of pharmaceutical procurement partners.
(C) DefinitionsIn 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) Bureau of Consular Affairs

There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs.

(h)2 Bureau of Population, Refugees, and Migration

There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.

(i) Special appointments
(1) Positions exercising significant authority

The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to re

(2) Positions not exercising significant authorityThe President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:
(A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States.
(B) A description of the duties and purpose of the position.
(C) The rationale for giving the specific title and function to the position.
(3) Limited exception for temporary appointments exercising significant authorityThe President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after December 27, 2021, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following:
(A) The necessity for conferring such title and function.
(B) The dates during which such title and function will be held.
(C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment.
(D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment.
(4) Renewal of temporary appointment

The President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent.

(5) Exemption

Paragraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute.

(6) Effective date

This subsection shall apply to appointments made on or after January 3, 2023.

(j) 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.

(h)2 Office of Sanctions Coordination
(1) In general

There is established, within the Department of State, an Office of Sanctions Coordination (in this subsection referred to as the “Office”).

(2) HeadThe head of the Office shall—
(A) have the rank and status of ambassador;
(B) be appointed by the President, by and with the advice and consent of the Senate; and
(C) report directly to the Secretary of State.
(3) DutiesThe head of the Office shall—
(A) exercise sanctions authorities delegated to the Secretary;
(B) serve as the principal advisor to the senior management of the Department and the Secretary regarding the development and implementation of sanctions policy;
(C) serve as the lead representative of the United States in diplomatic engagement on sanctions matters;
(D) consult and closely coordinate with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea, to ensure the maximum effectiveness of sanctions imposed by the United States and such allies and partners;
(E) serve as the coordinator for the development and implementation of sanctions policy with respect to all activities, policies, and programs of all bureaus and offices of the Department relating to the development and implementation of sanctions policy; and
(F) serve as the lead representative of the Department in interagency discussions with respect to the development and implementation of sanctions policy.
(4) Direct hire authority
(A) In general

The head of the Office may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the Office.

(B) Termination

The authority provided under subparagraph (A) shall terminate on the date that is two years after December 27, 2020.

(Aug. 1, 1956, ch. 841, title I, § 1, 70 Stat. 890; renumbered title I and amended Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 103–236, title I, § 161(a), Apr. 30, 1994, 108 Stat. 402; Pub. L. 103–415, § 1(f)(1), Oct. 25, 1994, 108 Stat. 4299; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1213, title XIII, § 1313, subdiv. B, title XXIII, §§ 2301(a), 2303–2305(a)(1), (b)(1), (c), 2306, Oct. 21, 1998, 112 Stat. 2681–767, 2681–776, 2681–824, 2681–825, 2681–826; Pub. L. 106–553, § 1(a)(2) [title IV, § 404(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A–96; Pub. L. 107–228, div. A, title III, § 303, Sept. 30, 2002, 116 Stat. 1377; Pub. L. 108–25, title I, § 102(a), May 27, 2003, 117 Stat. 721; Pub. L. 108–458, title VII, § 7109(b)(1), Dec. 17, 2004, 118 Stat. 3793; Pub. L. 110–293, title I, § 102, July 30, 2008, 122 Stat. 2933; Pub. L. 112–166, § 2(j), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 116–94, div. J, title VII, § 703, Dec. 20, 2019, 133 Stat. 3070; Pub. L. 116–260, div. FF, title III, § 361(a)(1), (2), Dec. 27, 2020, 134 Stat. 3131, 3132; Pub. L. 117–81, div. E, title LI, §§ 5102(a), 5103, 5105, Dec. 27, 2021, 135 Stat. 2343, 2345, 2346.)
§§ 2652, 2652a. Repealed. Pub. L. 103–236, title I, § 162(a), (b), Apr. 30, 1994, 108 Stat. 405
§ 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. Pub. L. 103–236, title I, § 162(c)(3), Apr. 30, 1994, 108 Stat. 405.
(2) Omitted.
(e) Implementation

In order to carry out this section, the Secretary of State shall reprogram the position of Deputy Assistant Secretary for South Asian Affairs.

(Pub. L. 102–138, title I, § 122, Oct. 28, 1991, 105 Stat. 658; Pub. L. 103–236, title I, § 162(c), Apr. 30, 1994, 108 Stat. 405.)
§ 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 section 2651a(c)(1) of this title as the Assistant Secretary of State for Verification and Compliance. The Assistant Secretary shall report to the Under Secretary of State for Arms Control and International Security.

(b) Directive governing the Assistant Secretary of State
(1) In general

Not later than 30 days after November 29, 1999, the Secretary of State shall issue a directive governing the position of the Assistant Secretary.

(2) Elements of the directive
The directive issued under paragraph (1) shall set forth, consistent with this section—
(A) the duties of the Assistant Secretary;
(B) the relationships between the Assistant Secretary and other officials of the Department of State;
(C) any delegation of authority from the Secretary of State to the Assistant Secretary; and
(D) such matters as the Secretary considers appropriate.
(c) Duties
(1) In general

The Assistant Secretary shall have as his principal responsibility the overall supervision (including oversight of policy and resources) within the Department of State of all matters relating to verification and compliance with international arms control, nonproliferation, and disarmament agreements or commitments.

(2) Participation of the Assistant Secretary
(A) Primary role

Except as provided in subparagraphs (B) and (C), the Assistant Secretary, or his designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on verification or compliance matters, including interagency intelligence committees concerned with the development or exploitation of measurement or signals intelligence or other national technical means of verification.

(B) Requirement for designation

Subparagraph (A) shall not apply to groups or organizations on which the Secretary of State or the Undersecretary of State for Arms Control and International Security sits, unless such official designates the Assistant Secretary to attend in his stead.

(C) National security limitation
(i) Waiver by President

The President may waive the provisions of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States.

(ii) Waiver by others

With respect to an interagency group or organization, or meeting thereof, working with exceptionally sensitive information contained in compartments under the control of the Director of Central Intelligence, the Secretary of Defense, or the Secretary of Energy, such Director or Secretary, as the case may be, may waive the provision of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States.

(iii) Transmission of waiver to Congress

Any waiver of participation under clause (i) or (ii) shall be transmitted in writing to the appropriate committees of Congress.

(3) Relationship to the intelligence community

The Assistant Secretary shall be the principal policy community representative to the intelligence community on verification and compliance matters.

(4) Reporting responsibilities
The Assistant Secretary shall have responsibility within the Department of State for—
(A) all reports required pursuant to section 2577 of this title;
(B) so much of the report required under paragraphs (4) through (6) of section 2593a(a) of this title as relates to verification or compliance matters;
(C) so much of the reports required under section 8003 of this title as relates to verification or compliance matters; and
(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.
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1112], Nov. 29, 1999, 113 Stat. 1536, 1501A–486; Pub. L. 109–401, title I, § 108, Dec. 18, 2006, 120 Stat. 2738.)
§§ 2653 to 2655. Repealed. Pub. L. 103–236, title I, § 162(a), (p), Apr. 30, 1994, 108 Stat. 405, 410
§ 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.

(Pub. L. 93–126, § 9(a), formerly § 9, Oct. 18, 1973, 87 Stat. 453, renumbered Pub. L. 93–312, § 9, June 8, 1974, 88 Stat. 238; Pub. L. 103–236, title I, § 162(q)(1), Apr. 30, 1994, 108 Stat. 410; Pub. L. 103–415, § 1(f)(4)(B), Oct. 25, 1994, 108 Stat. 4300.)
§ 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

1 See Change of Name note below.
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.

(Pub. L. 107–228, div. B, title XVI, § 1604, Sept. 30, 2002, 116 Stat. 1460.)
§ 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.)
§ 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.
(Pub. L. 95–426, title V, § 501, Oct. 7, 1978, 92 Stat. 982.)
§ 2656b. Congressional declaration of policy regarding consequences of science and technology on conduct of foreign policyIn 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)
(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.
(Pub. L. 95–426, title V, § 502, Oct. 7, 1978, 92 Stat. 982; Pub. L. 100–418, title V, § 5171(a), Aug. 23, 1988, 102 Stat. 1452.)
§ 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.
(Pub. L. 95–426, title V, § 503, Oct. 7, 1978, 92 Stat. 983; Pub. L. 100–418, title V, § 5171(b), (c), Aug. 23, 1988, 102 Stat. 1453; Pub. L. 104–66, title I, § 1111(b), Dec. 21, 1995, 109 Stat. 723.)
§ 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 section 2656b of this title, the Secretary of State (hereafter in this section referred to as the “Secretary”) shall have primary responsibility for coordination and oversight with respect to all major science or science and technology agreements and activities between the United States and foreign countries, international organizations, or commissions of which the United States and one or more foreign countries are members.
(2) In coordinating and overseeing such agreements and activities, the Secretary shall consider (A) scientific merit; (B) equity of access as described in section 2656c(b) of this title; (C) possible commercial or trade linkages with the United States which may flow from the agreement or activity; (D) national security concerns; and (E) any other factors deemed appropriate.
(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 Public Law 96–517 and the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.];
(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 policyThe 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.

(e) Grants and cooperative agreements related to science and technology fellowship programs
(1) In general

The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows.

(2) Exclusion from consideration as compensation

Stipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18.

(3) Maximum annual amount

The total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year.

(Pub. L. 95–426, title V, § 504, Oct. 7, 1978, 92 Stat. 983; Pub. L. 97–241, title V, § 505(a)(2), Aug. 24, 1982, 96 Stat. 299; Pub. L. 100–418, title V, § 5171(d), Aug. 23, 1988, 102 Stat. 1453; Pub. L. 117–81, div. E, title LIII, § 5303, Dec. 27, 2021, 135 Stat. 2361.)
§ 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.

(Pub. L. 99–399, title V, § 505, Aug. 27, 1986, 100 Stat. 871.)
§ 2656f. Annual country reports on terrorism
(a) Requirement of annual country reports on terrorismThe 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
1 See References in Text note below.
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 section 1189 of title 8, and any other known international terrorist group which the Secretary determines should be the subject of such report;
(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 reportThe 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
2 So in original. Probably should be followed by “and”.
(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
3 So in original. Another par. (3) and par. (4) follow par. (5).
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
4 So in original. Probably should be preceded by the word “section”.
of the 9/11 Commission Implementation Act of 2004.
(3)5
5 So in original. Another par. (3) and par. (4) precede par. (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) DefinitionsAs 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)section 2371(a) of this title; or
(iii)section 2780(d) of this title.
(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.
(Pub. L. 100–204, title I, § 140, Dec. 22, 1987, 101 Stat. 1347; Pub. L. 101–246, title I, § 122, Feb. 16, 1990, 104 Stat. 27; Pub. L. 103–236, title I, § 133(b)(1), Apr. 30, 1994, 108 Stat. 395; Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 578], Sept. 30, 1996, 110 Stat. 3009–121, 3009–169; Pub. L. 108–458, title VII, § 7102(d)(1)–(3), Dec. 17, 2004, 118 Stat. 3777, 3778; Pub. L. 108–487, title VII, § 701(a), Dec. 23, 2004, 118 Stat. 3961.)
§ 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 section 2780(d) of this title; and
(2) the term “international terrorism” has the meaning given such term in section 2656f(d) of this title.
(Pub. L. 102–138, title III, § 304, Oct. 28, 1991, 105 Stat. 710; Pub. L. 103–236, title I, § 133(b)(2), Apr. 30, 1994, 108 Stat. 396.)
§ 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.

(Pub. L. 102–138, title I, § 197, Oct. 28, 1991, 105 Stat. 684.)
§ 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) ObjectivesIn 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) ReportsNot 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).

(Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2214, Oct. 21, 1998, 112 Stat. 2681–812.)
§ 2656j. Countering white identity terrorism globally
(a) Strategy and coordinationNot later than six months after January 1, 2021, the Secretary of State shall—
(1) develop and submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a Department of State-wide strategy entitled the “Department of State Strategy for Countering White Identity Terrorism Globally” (in this section referred to as the “strategy”); and
(2) designate the Coordinator for Counterterrorism of the Department to coordinate Department efforts to counter white identity terrorism globally, including with United States diplomatic and consular posts, the Director of the National Counterterrorism Center, the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies.
(b) ElementsThe strategy shall at a minimum contain the following:
(1) An assessment of the global threat from white identity terrorism abroad, including geographic or country prioritization based on the assessed threat to the United States.
(2) A description of the coordination mechanisms between relevant bureaus and offices within the Department of State, as well as with United States diplomatic and consular posts, for developing and implementing efforts to counter white identity terrorism.
(3) A description of how the Department plans to build on any existing strategy developed by the Bureau for Counterterrorism to—
(A) adapt or expand existing Department programs, projects, activities, or policy instruments based on existing authorities for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally; and
(B) identify the need for any new Department programs, projects, activities, or policy instruments for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally, including a description of the steps and resources necessary to establish any such programs, projects, activities, or policy instruments, noting whether such steps would require new authorities.
(4) Detailed plans for using public diplomacy, including the efforts of the Secretary of State and other senior Executive Branch officials, including the President, to degrade and delegitimize white identity terrorist ideologues and ideology globally, including by—
(A) countering white identity terrorist messaging and supporting efforts to redirect potential supporters away from white identity terrorist span online;
(B) exposing foreign government support for white identity terrorist ideologies, objectives, ideologues, networks, organizations, and internet platforms;
(C) engaging with foreign governments and internet service providers and other relevant technology entities, to prevent or limit white identity terrorists from exploiting internet platforms in furtherance of or in preparation for acts of terrorism or other targeted violence, as well as the recruitment, radicalization, and indoctrination of new adherents to white identity terrorism; and
(D) identifying the roles and responsibilities for the Office of the Under Secretary for Public Affairs and Public Diplomacy and the Global Engagement Center in developing and implementing such plans.
(5) An outline of steps the Department is taking or will take in coordination, as appropriate, with the Director of the National Counterterrorism Center, the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies to improve information and intelligence sharing with other countries on white identity terrorism based on existing authorities by—
(A) describing plans for adapting or expanding existing mechanisms for sharing information, intelligence, or counterterrorism best practices, including facilitating the sharing of information, intelligence, or counterterrorism best practices gathered by Federal, State, and local law enforcement; and
(B) proposing new mechanisms or forums that might enable expanded sharing of information, intelligence, or counterterrorism best practices.
(6) An outline of how the Department plans to use designation as a Specially Designated Global Terrorist (under Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign terrorist organization (pursuant to section 1189 of title 8) to support the strategy, including—
(A) an assessment and explanation of the utility of applying or not applying such designations when individuals or entities satisfy the criteria for such designations; and
(B) a description of possible remedies if such criteria are insufficient to enable designation of any individuals or entities the Secretary of State considers a potential terrorist threat to the United States.
(7) A description of the Department’s plans, in consultation with the Department of the Treasury, to work with foreign governments, financial institutions, and other related entities to counter the financing of white identity terrorists within the parameters of current law, or if no such plans exist, a description of why.
(8) A description of how the Department plans to implement the strategy in conjunction with ongoing efforts to counter the Islamic State, al-Qaeda, and other terrorist threats to the United States.
(9) A description of how the Department will integrate into the strategy lessons learned in the ongoing efforts to counter the Islamic State, al-Qaeda, and other terrorist threats to the United States.
(10) A 1
1 So in original. Probably should be “An”.
identification of any additional resources or staff needed to implement the strategy.
(c) Interagency coordination

The Secretary of State shall develop the strategy in coordination with the Director of the National Counterterrorism Center and in consultation with the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies.

(d) Stakeholder inclusion

The strategy shall be developed in consultation with representatives of United States and international civil society and academic entities with experience researching or implementing programs to counter white identity terrorism.

(e) Form

The strategy shall be submitted in unclassified form that can be made available to the public, but may include a classified annex if the Secretary of State determines such is appropriate.

(f) Implementation

Not later than three months after the submission of the strategy, the Secretary of State shall begin implementing the strategy.

(g) Consultation

Not later than 90 days after January 1, 2021, and not less often than annually thereafter, the Secretary of State shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development and implementation of the strategy.

(h) Country reports on terrorism

The Secretary of State shall incorporate all credible information about white identity terrorism, including regarding relevant attacks, the identification of perpetrators and victims of such attacks, the size and identification of organizations and networks, and the identification of notable ideologues, in the annual country reports on terrorism submitted pursuant to section 2656f of this title.

(i) Report on sanctions
(1) In generalNot later than 120 days and again 240 days after the submission of each annual country report on terrorism submitted pursuant to section 2656f of this title, as modified in accordance with subsection (h), the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that determines whether the foreign persons, organizations, and networks identified in such annual country reports on terrorism as so modified, satisfy the criteria to be designated as—
(A) foreign terrorist organizations under section 1189 of title 8; or
(B) Specially Designated Global Terrorist under Executive Order No. 13224 (50 U.S.C. 1701 note).
(2) Form

Each determination required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, if appropriate.

(j) Requirement for independent study to map the global white identity terrorism movement
(1) In general

Not later than 60 days after January 1, 2021, the Secretary of State shall enter into a contract with a federally funded research and development center with appropriate expertise and analytical capability to carry out the study described in paragraph (2).

(2) StudyThe study described in this paragraph shall provide for a comprehensive social network analysis of the global white identity terrorism movement to—
(A) identify key actors, organizations, and supporting infrastructure; and
(B) map the relationships and interactions between such actors, organizations, and supporting infrastructure.
(3) Report
(A) To the Secretary

Not later than one year after the date on which the Secretary of State enters into a contract pursuant to paragraph (1), the federally funded research and development center referred to in such subsection that has entered into such contract with the Secretary shall submit to the Secretary a report containing the results of the study required under this section.

(B) To Congress

Not later than 30 days after receipt of the report under subparagraph (A), the Secretary of State shall submit to the Committee of Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such report, together with any additional views or recommendations of the Secretary.

(Pub. L. 116–283, div. A, title XII, § 1299F, Jan. 1, 2021, 134 Stat. 4004.)
§ 2656k. Human rights awareness for American athletic delegations
(a) Sense of Congress

It is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy.

(b) In general
(1) In general

Not later than 120 days after December 27, 2021, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country.

(2) Timing and form of materials
(A) In general

The briefing materials referred to in paragraph (1) shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country.

(B) Form of delivery

Briefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate.

(C) Special consideration

Information briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video.

(3) Consultations
In devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following:
(A) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after December 27, 2021.
(B) Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the span of the briefings required under this subsection.
(C) The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials.
(c) Content of briefings
The briefing materials required under subsection (b) shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following:
(1) Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices.
(2) Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate.
(d) Covered country defined
In this section, the term “covered country” means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following:
(1) Any Communist country specified in subsection (f) of section 2370 of this title.
(2) Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report.
(3) Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals.
(4) Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk.
(Pub. L. 117–81, div. F, title LXV, § 6504, Dec. 27, 2021, 135 Stat. 2426.)
§ 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.)
§ 2658. Repealed. Pub. L. 103–236, title I, § 162(a), Apr. 30, 1994, 108 Stat. 405
§ 2658a. Foreign Affairs Manual and Foreign Affairs Handbook changes
(a) Applicability

The Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, regardless of an individual’s status as a Foreign Service officer, Civil Service employee, or political appointee hired under any legal authority.

(b) Certification

Not later than 30 days after December 27, 2021, the Secretary of State shall submit to the appropriate congressional committees a certification in unclassified form that the applicability described in subsection (a) has been communicated to all Department personnel, including the personnel referred to in such subsection.

(c) Report
(1) In general

Not later than 180 days after December 27, 2021, and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all significant changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook.

(2) Covered periods

The first report required under paragraph (1) shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission.

(3) Contents
Each report required under paragraph (1) shall contain the following:
(A) The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made.
(B) The statutory basis for each such change, as applicable.
(C) A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change.
(D) A summary of such changes displayed in spreadsheet form.
(Pub. L. 117–81, div. E, title LIII, § 5318, Dec. 27, 2021, 135 Stat. 2367.)
§ 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.)
§ 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, 18 Stat. 88; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272; Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)
§ 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, 49 Stat. 1321; Pub. L. 100–204, title I, § 142(b), Dec. 22, 1987, 101 Stat. 1350; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2212(a), Oct. 21, 1998, 112 Stat. 2681–812.)
§ 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 section 7701(a)(30) of title 26) is prohibited from entering into such contract or arrangement, or
(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.
(Pub. L. 94–350, title I, § 121, July 12, 1976, 90 Stat. 829; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
§ 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.

(Pub. L. 106–553, § 1(a)(2) [title IV], Dec. 21, 2000, 114 Stat. 2762, 2762A–90.)
§ 2662. Transferred
§ 2663. Omitted
§ 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, 18 Stat. 90; May 24, 1924, ch. 182, § 30, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1214.)
§ 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 [22 U.S.C. 3901 et seq.] was to strengthen the contribution made by Civil Service employees of the Department of State by creating a cadre of experienced specialists and managers in the Department to provide essential continuity.
(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 section 3132(a)(2) of title 5) in existence on December 22, 1987.

(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 [22 U.S.C. 3903]).

(Pub. L. 100–204, title I, § 172, Dec. 22, 1987, 101 Stat. 1359.)
§ 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, 34 Stat. 402.)
§ 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.

(Pub. L. 101–246, title I, § 153(h), Feb. 16, 1990, 104 Stat. 44.)
§§ 2666, 2667. Repealed. Pub. L. 99–93, title I, § 125(c), Aug. 16, 1985, 99 Stat. 417
§ 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 chargesA 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, 54 Stat. 163; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 97–258, § 2(e), Sept. 13, 1982, 96 Stat. 1059; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
§ 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 due.

Each of the trust funds covered into the Treasury as aforesaid is appropriated for the payment to the ascertained beneficiaries thereof of the certificates provided for in this section.

(Feb. 27, 1896, ch. 34, 29 Stat. 32.)
§ 2669. Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security; special purpose passenger motor vehicles; pay obligations arising under international conventions or contracts; personal service contracts
The Secretary of State may use funds appropriated or otherwise available to the Secretary to—
(a) provide for printing and binding outside the States of the United States and the District of Columbia without regard to section 501 of title 44;
(b) for the purpose of promoting and maintaining friendly relations with foreign countries through the prompt settlement of certain claims, settle and pay any meritorious claim against the United States which is presented by a government of a foreign country for damage to or loss of real or personal property of, or personal injury to or death of, any national of such foreign country: Provided, That such claim is not cognizable under any other statute or international agreement of the United States and can be settled for not more than $15,000 or the foreign currency equivalent thereof;
(c) employ individuals or organizations, by contract, for services abroad, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad); and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States;
(d) provide for official functions and courtesies;
(e) purchase uniforms;
(f) pay tort claims, in the manner authorized in the first paragraph of section 2672, as amended, of title 28, when such claims arise in foreign countries in connection with Department of State operations abroad;
(g) obtain services as authorized by section 3109 of title 5 at a rate not to exceed the maximum rate payable for GS–18 under section 5332 of such title 5;
(h) directly procure goods and services in the United States or abroad, solely for use by United States Foreign Service posts abroad when the Secretary of State, in accordance with guidelines established in consultation with the Administrator of General Services, determines that use of the Federal Acquisition Service or otherwise applicable Federal goods and services acquisition authority would not meet emergency overseas security requirements determined necessary by the Secretary, taking into account overseas delivery, installation, maintenance, or replacement requirements, except that the authority granted by this paragraph shall cease to be effective when the amendment made by section 2711 of the Competition in Contracting Act of 1984 takes effect and thereafter procurement by the Secretary of State for the purposes described in this paragraph shall be in accordance with section 3304(a)(2) of title 41;
(i) pay obligations assumed in Germany on or after June 5, 1945;
(j) provide telecommunications services;
(k) provide maximum physical security in Government-owned and leased properties and vehicles abroad;
(l) purchase special purpose passenger motor vehicles without regard to any price limitation otherwise established by law;
(m) pay obligations arising under international agreements, conventions, and binational contracts to the extent otherwise authorized by law;
(n) exercise the authority provided in subsection (c), upon the request of the Secretary of Defense or the head of any other department or agency of the United States, to enter into personal service contracts with individuals to perform services in support of the Department of Defense or such other department or agency, as the case may be; and
(o) make administrative corrections or adjustments to an employee’s pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, as well as provide back pay and other categories of payments under section 5596 of title 5, as part of the settlement or compromise of administrative claims or grievances filed against the Department.
(Aug. 1, 1956, ch. 841, title I, § 2, 70 Stat. 890; Pub. L. 86–624, § 2, July 12, 1960, 74 Stat. 411; Pub. L. 86–707, title V, § 511(a)(2), Sept. 6, 1960, 74 Stat. 800; Pub. L. 87–565, pt. IV, § 402, Aug. 1, 1962, 76 Stat. 263; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 98–533, title III, § 303(a), Oct. 19, 1984, 98 Stat. 2710; Pub. L. 99–93, title I, §§ 114, 118(a), Aug. 16, 1985, 99 Stat. 411, 412; Pub. L. 101–246, title I, § 111, Feb. 16, 1990, 104 Stat. 21; Pub. L. 102–20, § 4, Mar. 27, 1991, 105 Stat. 68; Pub. L. 102–138, title I, § 120, Oct. 28, 1991, 105 Stat. 658; Pub. L. 103–236, title I, §§ 137, 162(k)(4), 180(b), Apr. 30, 1994, 108 Stat. 397, 409, 416; Pub. L. 107–107, div. A, title VIII, § 833, Dec. 28, 2001, 115 Stat. 1191; Pub. L. 108–447, div. B, title IV, § 413, Dec. 8, 2004, 118 Stat. 2906; Pub. L. 109–313, § 2(c)(1), Oct. 6, 2006, 120 Stat. 1735.)
§ 2669–1. Payment of tort claims arising in connection with overseas operations

During the current fiscal year and hereafter, the Secretary of State shall have discretionary authority to pay tort claims in the manner authorized by section 2672 of title 28 when such claims arise in foreign countries in connection with the overseas operations of the Department of State.

(Pub. L. 105–277, div. A, § 101(b) [title IV, § 409], Oct. 21, 1998, 112 Stat. 2681–50, 2681–102.)
§ 2669a. Diplomatic Telecommunications Service
(a) Diplomatic Telecommunications Service financial managementIn fiscal year 1995 and each succeeding fiscal year—
(1) the Secretary of State shall provide funds for the operation of the Diplomatic Telecommunications Service (DTS) in a sufficient amount to sustain the current level of support services being provided by the DTS, and no portion of such amount may be reprogrammed or transferred for any other purpose;
(2) all funds for the operation and enhancement of the DTS shall be directly available for use by the Diplomatic Telecommunications Service Program Office (DTS–PO); and
(3) the DTS–PO financial management officer shall be provided direct access to the Department of State financial management system to independently monitor and control the obligation and expenditure of all funds for the operation and enhancement of the DTS.
(b) DTS Policy BoardWithin 60 days after August 26, 1994, the Secretary of State and the Director of the DTS–PO shall restructure the DTS Policy Board to provide for representation on the Board, during fiscal year 1995 and each succeeding fiscal year, by—
(1) the Director of the DTS–PO;
(2) the senior information management official from each agency currently serving on the Board;
(3) a senior career information management official from each of the Department of Commerce and the Defense Intelligence Agency; and
(4) a senior career information management official from each of 2 other Federal agencies served by the DTS, each of whom shall be appointed on a rotating basis by the Secretary of State and the Director of the DTS–PO for a 2-year term.
(c) DTS consolidation pilot program
(1) In general

The Secretary of State and the Director of the DTS–PO shall carry out a program under which total DTS consolidation will be completed before October 1, 1995, at not less than five embassies of medium to large size.

(2) Pilot program requirementsUnder the program required in paragraph (1)—
(A) each participating embassy shall be provided with a full range of integrated information services, including message, data, and voice, without additional charge;
(B) a combined transmission facility shall be established and jointly operated, with open access to all unclassified transmission equipment;
(C) an unclassified packet switch communication system shall be installed and shall serve all foreign affairs agencies associated with the embassy;
(D) separate classified transmission systems (including MERCURY) shall be terminated; and
(E) all foreign affairs agency systems requiring international communications capability shall obtain such capability solely through the DTS.
(3) Pilot program report

Not later than January 15, 1996, the Secretary of State and the Director of the DTS–PO shall submit to the Committees on Appropriations of the House and Senate a report describing the actions taken under the program required by this subsection. The report shall include a cost-benefit analysis for each embassy participating in the program.

(d) DTS planning reportNot later than January 15, 1995, the Secretary of State and the Director of the DTS–PO shall submit to the Committees on Appropriations a DTS planning report. The report shall include—
(1) a detailed plan for carrying out the pilot program required by subsection (c), including an estimate of the funds required for such purpose; and
(2) a comprehensive DTS strategy plan that contains detailed plans and schedules for—
(A) an overall DTS network configuration and security strategy;
(B) transition of the existing dedicated circuits and classified transmission systems to the unclassified packet switch communications system;
(C) provision of a basic level of voice service for all DTS customers;
(D) funding of new initiatives and of replacement of current systems;
(E) combining existing DTS network control centers, relay facilities, and overseas operations; and
(F) reducing the extensive reliance of DTS–PO on the full-time services of contractors.
(Pub. L. 103–317, title V, § 507, Aug. 26, 1994, 108 Stat. 1766; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(m), Oct. 21, 1998, 112 Stat. 2681–789.)
§ 2669b. Reaffirming United States international telecommunications policy
(a) Procurement policy

It is the policy of the United States to foster and support procurement of goods and services from private, commercial companies.

(b) Implementation
In order to achieve the policy set forth in subsection (a), the Diplomatic Telecommunications Service Program Office (DTS–PO) shall—
(1) utilize full and open competition, to the maximum extent practicable, in the procurement of telecommunications services, including satellite space segment, for the Department of State and each other Federal entity represented at United States diplomatic missions and consular posts overseas;
(2) make every effort to ensure and promote the participation in the competition for such procurement of commercial private sector providers of satellite space segment who have no ownership or other connection with an intergovernmental satellite organization; and
(3) implement the competitive procedures required by paragraphs (1) and (2) at the prime contracting level and, to the maximum extent practicable, the subcontracting level.
(Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2218, Oct. 21, 1998, 112 Stat. 2681–816.)
§ 2670. Insurance on motor vehicles in foreign countries; tie lines and teletype equipment; ice and drinking water; excise taxes on negotiable instruments; remains of deceased persons; relief, protection, and burial of seamen; acknowledgement of services of foreign vessels and aircraft; rentals and leases
The Secretary of State is authorized to—
(a) obtain insurance on official motor vehicles operated by the Department of State in foreign countries, and pay the expenses incident thereto;
(b) rent tie lines and teletype equipment;
(c) provide ice and drinking water for United States Embassies and Consulates abroad;
(d) pay excise taxes on negotiable instruments which are negotiated by the Department of State abroad;
(e) Omitted;
(f) pay expenses incident to the relief, protection, and burial of American seamen, and alien seamen from United States vessels in foreign countries and in the United States Territories and possessions;
(g) pay the expenses incurred in the acknowledgment of the services of officers and crews of foreign vessels and aircraft in rescuing American seamen, airmen, or citizens from shipwreck or other catastrophe abroad or at sea;
(h) rent or lease, for periods of less than ten years, such offices, buildings, grounds, and living quarters for the use of the Foreign Service abroad as he may deem necessary, and make payments therefor in advance;
(i) maintain, improve, and repair properties rented or leased pursuant to authority contained in subsection (h) of this section and furnish fuel, water, and utilities for such properties;
(j) provide emergency medical attention and dietary supplements, and other emergency assistance, for United States citizens incarcerated abroad or destitute United States citizens abroad who are unable to obtain such services otherwise, such assistance to be provided on a reimbursable basis to the extent feasible;
(k) subject to the availability of appropriated funds, obtain insurance on the historic and artistic articles of furniture, fixtures, and decorative objects which may from time-to-time be within the responsibility of the Fine Arts Committee of the Department of State for the Diplomatic Rooms of the Department;
(l) make payments in advance, of the United States share of necessary expenses for international fisheries commissions, from appropriations available for such purpose; and
(m) establish, maintain, and operate passport and dispatch agencies.
(Aug. 1, 1956, ch. 841, title I, § 3, 70 Stat. 890; Pub. L. 95–45, § 2, June 15, 1977, 91 Stat. 221; 1977 Reorg. Plan No. 2, § 9(a)(7), 42 F.R. 62461, 91 Stat. 1639; Pub. L. 95–426, title I, § 108(a), Oct. 7, 1978, 92 Stat. 966; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 100–204, title I, § 126(b), Dec. 22, 1987, 101 Stat. 1342; Pub. L. 102–138, title I, § 166, Oct. 28, 1991, 105 Stat. 676; Pub. L. 103–236, title I, § 162(k)(3), Apr. 30, 1994, 108 Stat. 409.)
§ 2671. Emergency expenditures
(a) Delegation of authority pertaining to certification of expendituresThe Secretary of State is authorized to—
(1) subject to subsection (b), make expenditures, from such amounts as may be specifically appropriated therefor, for unforeseen emergencies arising in the diplomatic and consular service and, to the extent authorized in appropriation Acts, funds expended for such purposes may be accounted for in accordance with section 3526(e) of title 31; and
(2) delegate to subordinate officials the authority vested in him by section 3526(e) of title 31 pertaining to certification of expenditures.
(b) Activities subject to expenditures
(1) Expenditures described under subsection (a) shall be made only for such activities as—
(A) serve to further the realization of foreign policy objectives;
(B) are a matter of urgency to implement;
(C) with respect to activities the expenditures for which are required to be certified under subsection (a), require confidentiality in the best interests of the conduct of foreign policy by the United States; and
(D) are not otherwise prohibited by law.
(2) Activities described in paragraph (1) include—
(A) the evacuation when their lives are endangered by war, civil unrest, or natural disaster of—
(i) United States Government employees and their dependents; and
(ii) private United States citizens or third-country nationals, on a reimbursable basis to the maximum extent practicable, with such reimbursements to be credited to the applicable Department of State appropriation and to remain available until expended, except that no reimbursement under this clause shall be paid that is greater than the amount the person evacuated would have been charged for a reasonable commercial air fare immediately prior to the events giving rise to the evacuation;
(B) loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United States of its citizens;
(C) visits by foreign chiefs of state or heads of government to the United States;
(D) travel of delegations representing the President at any inauguration or funeral of a foreign dignitary;
(E) travel of the President, the Vice President, or a Member of Congress to a foreign country, including advance arrangements, escort, and official entertainment;
(F) travel of the Secretary of State within the United States and outside the United States, including official entertainment;
(G) official representational functions of the Secretary of State and other principal officers of the Department of State;
(H) official functions outside the United States the expenses for which are not otherwise covered by amounts appropriated for representation allowances;
(I) investigations and apprehension of groups or individuals involved in fraudulent issuance of United States passports and visas; and
(J) gifts of nominal value given by the President, Vice President, or Secretary of State to a foreign dignitary.
(c) Annual confidential audit and report

The Inspector General of the Department of State shall conduct a periodic audit of the Department of State’s emergency expenditures and prepare and transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report indicating whether such expenditures were made in accordance with subsections (a) and (b) of this section.

(d) Repatriation loan programWith regard to the repatriation loan program, the Secretary of State shall—
(1) require the borrower to provide a verifiable address and social security number at the time of application;
(2) require a written loan agreement which includes a repayment schedule;
(3) bar passports from being issued or renewed for those individuals who are in default;
(4) refer any loan more than one year past due to the Department of Justice for litigation;
(5) obtain addresses from the Internal Revenue Service for all delinquent accounts which have social security numbers;
(6) report defaults to commercial credit bureaus as provided in section 3711(e) of title 31;
(7) be permitted to use any funds necessary to contract with commercial collection agencies, notwithstanding section 3718(c) 1
1 See References in Text note below.
of title 31;
(8) charge interest on all loans as of May 1, 1983, with the rate of interest to be that set forth in section 3717(a) of title 31;
(9) assess charges, in addition to the interest provided for in paragraph (8), to cover the costs of processing and handling delinquent claims, as of May 1, 1983;
(10) assess a penalty charge, in addition to the interest provided for in paragraphs (8) and (9), of 6 per centum per year for failure to pay any portion of a debt more than ninety days past due; and
(11) implement the interest and penalty provisions in paragraphs (8), (9), and (10) for all current and future loans, regardless of whether the debts were incurred before or after May 1, 1983.
(Aug. 1, 1956, ch. 841, title I, § 4, 70 Stat. 890; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 98–164, title I, § 122(a), Nov. 22, 1983, 97 Stat. 1023; Pub. L. 103–236, title I, § 125, Apr. 30, 1994, 108 Stat. 393; Pub. L. 104–316, title I, § 115(g)(2)(D), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 107–228, div. A, title II, § 201, Sept. 30, 2002, 116 Stat. 1361.)
§ 2672. Participation in international activities; restriction; expensesThe Secretary of State is authorized to—
(a) provide for participation by the United States in international activities which arise from time to time in the conduct of foreign affairs for which provision has not been made by the terms of any treaty, convention, or special Act of Congress: Provided, That this subsection shall not be construed as granting authority to accept membership for the United States in any international organization, or to participate in the activities of any international organization for more than one year without approval by the Congress; and
(b) pay the expenses of participation in activities in which the United States participates by authority of subsection (a) of this section, including, but not limited to the following:
(1) Employment of aliens;
(2) Travel expenses without regard to the Standardized Government Travel Regulations and to the rates of per diem allowances in lieu of subsistence expenses under subchapter I of chapter 57 of title 5;
(3) Travel expenses of persons serving without compensation in an advisory capacity while away from their homes or regular places of business not in excess of those authorized for regular officers and employees traveling in connection with said international activities; and
(4) Rental of quarters by contract or otherwise.
(Aug. 1, 1956, ch. 841, title I, § 5, 70 Stat. 891; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2672a. Alternate United States Commissioners for international fisheries commissions

In order to insure appropriate representation at meetings of international fisheries commissions, the Secretary of State, in consultation with the Secretary of Commerce or of the Interior as appropriate may designate from time to time Alternate United States Commissioners to the North Pacific Fur Seal Commission, the Inter-American Tropical Tuna Commission, the International Pacific Halibut Commission, the International Whaling Commission, the Commission for the Conservation of Shrimp in the Eastern Gulf of Mexico, the International Commission for the Conservation of Atlantic Tunas, and any similar commission (other than the International Commission for the Northwest Atlantic Fisheries and the International North Pacific Fisheries Commission) established pursuant to a convention between the United States and other governments. Alternate United States Commissioners may exercise, at any meeting of the respective Commission or of the United States Section thereof, all powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present. In the event that there are Deputy United States Commissioners pursuant to the convention or statute, such Deputy United States Commissioners shall have precedence over any Alternate Commissioners so designated pursuant to this section.

(Pub. L. 92–471, title II, § 201, Oct. 9, 1972, 86 Stat. 787; Pub. L. 99–659, title IV, § 405(c), Nov. 14, 1986, 100 Stat. 3738.)
§ 2672b. Compensation of Alternate United States Commissioners; travel expenses and other allowances

Alternate United States Commissioners shall receive no compensation for their services. They may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5703 of title 5 when engaged in the performance of their duties.

(Pub. L. 92–471, title II, § 202, Oct. 9, 1972, 86 Stat. 787.)
§ 2673. International Civil Aviation Organization; availability of funds for participation

The provisions of section 287e of this title, and regulations thereunder, applicable to expenses incurred pursuant to sections 287 to 287e of this title, may be applicable to the obligation and expenditure of funds in connection with United States participation in the International Civil Aviation Organization.

(Aug. 1, 1956, ch. 841, title I, § 6, 70 Stat. 891; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2674. Availability of exchange allowances or proceeds derived from exchange or sale of motor vehicles

The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles in possession of the Foreign Service abroad, in accordance with section 503 of title 40, shall be available without fiscal year limitation for replacement of an equal number of such vehicles.

(Aug. 1, 1956, ch. 841, title I, § 7, 70 Stat. 891; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2675. Allocation or transfer to other agencies of funds appropriated to Department of State; authority for expenditure of funds

The Secretary of State may allocate or transfer to any department, agency, or independent establishment of the United States Government (with the consent of the head of such department, agency, or establishment) any funds appropriated to the Department of State, for direct expenditure by such department, agency, or independent establishment for the purposes for which the funds were appropriated in accordance with authority granted in this Act or under authority governing the activities of such department, agency, or independent establishment.

(Aug. 1, 1956, ch. 841, title I, § 8, 70 Stat. 891; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 98–164, title I, § 121, Nov. 22, 1983, 97 Stat. 1023.)
§ 2676. Contracts in foreign countries

The Secretary of State is authorized to enter into contracts in foreign countries involving expenditures from funds appropriated or otherwise made available to the Department of State, without regard to the provisions of section 6306 of title 41: Provided, That nothing in this section shall be construed to waive the provisions of section 431 of title 18.

(Aug. 1, 1956, ch. 841, title I, § 9, 70 Stat. 891; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2677. Availability of funds for travel expenses and transportation of personal effects, household goods, or automobiles

Appropriated funds made available to the Department of State for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel shall be available for such expenses when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed during that same fiscal year.

(Aug. 1, 1956, ch. 841, title I, § 10, 70 Stat. 891; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2678. Reduction in earmarks if appropriations are less than authorizations

If the amount appropriated (or made available in the event of a sequestration order issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; [2 U.S.C. 900 et seq.])) for a fiscal year pursuant to any authorization of appropriations provided by an Act other than an appropriation Act is less than the authorization amount and a provision of that Act provides that a specified amount of the authorization amount shall be available only for a certain purpose, then the amount so specified shall be deemed to be reduced for that fiscal year to the amount which bears the same ratio to the specified amount as the amount appropriated (or made available in the event of sequestration) bears to the authorization amount.

(Aug. 1, 1956, ch. 841, title I, § 11, as added Pub. L. 101–246, title I, § 106, Feb. 16, 1990, 104 Stat. 20.)
§ 2679. Maximum rates of per diem in lieu of subsistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and assistance

The Secretary of State, with the approval of the Office of Management and Budget, shall prescribe the maximum rates of per diem in lieu of subsistence (or of similar allowances therefor) payable while away from their own countries to foreign participants in any exchange of persons program, or in any program of furnishing technical information and assistance, under the jurisdiction of any Government agency, and said rates may be fixed without regard to any provision of law in limitation thereof.

(Aug. 1, 1956, ch. 841, title I, § 12, 70 Stat. 892; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2679a. Procurement contracts
(a) Funding for periods not in excess of five years; conditionsAny contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when—
(1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
(2) the Secretary of State determines that—
(A) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
(B) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
(C) such a method of contracting will not inhibit small business participation.
(b) Cancellation of contracts

In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.

(Aug. 1, 1956, ch. 841, title I, § 14, as added and renumbered title I, Pub. L. 97–241, title I, § 121, title II, § 202(a), Aug. 24, 1982, 96 Stat. 280, 282.)
§ 2679b. Prohibition against fraudulent use of “Made in America” labels

If it has been finally determined by a court or Federal agency that a person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, that person shall be ineligible to receive any contract or subcontract from the Department of State, pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.

(Pub. L. 102–138, title I, § 195, Oct. 28, 1991, 105 Stat. 684.)
§ 2679c. Prohibition on discriminatory contracts
(a) Prohibition
(1) Except for real estate leases and as provided in subsection (b), the Department of State may not enter into any contract that expends funds appropriated to the Department of State for an amount in excess of the small purchase threshold (as defined in section 134 of title 41— 1
1 So in original. Probably should be “41)—”.
(A) with a foreign person that complies with the Arab League boycott of Israel, or
(B) with any foreign or United States person that discriminates in the award of subcontracts on the basis of religion.
(2) For purposes of this section—
(A) a foreign person complies with the boycott of Israel by Arab League countries when that foreign person takes or knowingly agrees to take any action, with respect to the boycott of Israel by Arab League countries, which section 4607(a) 2
2 See References in Text note below.
of title 50 prohibits a United States person from taking, except that for purposes of this paragraph, the term “United States person” as used in subparagraphs (B) and (C) of section 4607(a)(1) 2 of title 50 shall be deemed to mean “person”; and
(B) the term “foreign person” means any person other than a United States person as defined in section 4618(2) 2 of title 50.
(3) For purposes of paragraph (1), a foreign person shall be deemed not to comply with the boycott of Israel by Arab League countries if that person, or the Secretary of State or his designee on the basis of available information, certifies that the person violates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohibited by section 4607(a) 2 of title 50. Certification by the Secretary of State or his designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.
(b) Waiver by Secretary of State

The Secretary of State may waive the requirements of this section on a country-by-country basis for a period not to exceed one year upon certification to the Congress by the Secretary that such waiver is in the national interest and is necessary to carry on diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.

(c) Responses to contract solicitations
(1) Except as provided in paragraph (2) of this subsection, the Secretary of State shall ensure that any response to a solicitation for a bid or a request for a proposal, with respect to a contract covered by subsection (a), includes the following clause, in substantially the following form:
“arab league boycott of israel
“(a)Definitions.—As used in this clause—
“(1) the term ‘foreign person’ means any person other than a United States person as defined in paragraph (2); and
“(2) the term ‘United States person’ means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
“(b)Certification.—By submitting this offer, the Offeror certifies that it is not—
“(1) taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking; or
“(2) discriminating in the award of subcontracts on the basis of religion.”
(2) An Offeror would not be required to include the certification required by paragraph (1), if the Offeror is deemed not to comply with the Arab League boycott of Israel by the Secretary of State or a designee on the basis of available information. Certification by the Secretary of State or a designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.
(3) The Secretary of State shall ensure that all State Department contract solicitations include a detailed explanation of the requirements of section 4607(a) 2 of title 50.
(d) Review and termination
(1) The Department of State shall conduct reviews of the certifications submitted pursuant to this section for the purpose of assessing the accuracy of the certifications.
(2) Upon complaint of any foreign or United States person of a violation of the certification as required by this section, filed with the Secretary of State, the Department of State shall investigate such complaint, and if such complaint is found to be correct and a violation of the certification has been found, all contracts with such violator shall be terminated for default as soon as practicable, and, for a period of two years thereafter, the State Department shall not enter into any contracts with such a violator.
(Pub. L. 103–236, title V, § 565, Apr. 30, 1994, 108 Stat. 484; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(3), Oct. 21, 1998, 112 Stat. 2681–790.)
§ 2679d. Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances

A determination by the Department to use procedures other than competitive procedures under

(Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.)
§ 2679e. List of certain telecommunications providers
(a) List of covered contractors

Not later than 30 days after December 27, 2021, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list.

(b) Covered contractor defined
In this section, the term “covered contractor” means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against—
(1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or
(2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.
(Pub. L. 117–81, div. E, title LV, § 5502, Dec. 27, 2021, 135 Stat. 2375.)
§ 2680. Appropriations for State Department; information to congressional committees
(a)
(1) Notwithstanding any provision of law enacted before October 26, 1974, no money appropriated to the Department of State under any law shall be available for obligation or expenditure with respect to any fiscal year commencing on or after July 1, 1972
(A) unless the appropriation thereof has been authorized by law enacted on or after February 7, 1972; or
(B) in excess of an amount prescribed by law enacted on or after such date.
(2) To the extent that legislation enacted after the making of an appropriation to the Department of State authorizes the obligation or expenditure thereof the limitation contained in paragraph (1) shall have no effect.
(3) The provisions of this section—
(A) shall not be superseded except by a provision of law enacted after February 7, 1972, which specifically repeals, modifies, or supersedes the provisions of this section; and
(B) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Department as authorized by law.
(b) The Department of State shall keep the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives fully and currently informed with respect to all activities and responsibilities within the jurisdiction of these committees. Any Federal department, agency, or independent establishment shall furnish any information requested by either such committee relating to any such activity or responsi­bility.
(Aug. 1, 1956, ch. 841, title I, § 15, 70 Stat. 892; Pub. L. 92–226, pt. IV, § 407(b), Feb. 7, 1972, 86 Stat. 35; Pub. L. 92–352, title I, § 102, July 13, 1972, 86 Stat. 490; Pub. L. 93–475, § 11, Oct. 26, 1974, 88 Stat. 1442; H. Res. 163, Mar. 19, 1975; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2680–1. Deadline for responses to questions from congressional committees
(a) In general

An officer or employee of the Department of State to whom a written or oral question is addressed by any member of a committee specified in subsection (b), acting within his official capacity, shall respond to such question within 21 days unless the Secretary of State submits a letter to such member explaining why a timely response cannot be made.

(b) Specified committees

The committees referred to in subsection (a) are the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(Pub. L. 102–138, title I, § 196, Oct. 28, 1991, 105 Stat. 684.)
§ 2680–2. Facilitating access to Department of State
(a) Procedures to facilitate access

The Department of State shall maintain procedures to ensure that the members and staff of the congressional committees of jurisdiction are granted easy access to the Department of State in the conduct of their duties.

(b) Parking

The Department of State shall also make available adequate parking for members and staff of the congressional committees of jurisdiction in order to facilitate attendance of meetings at the Department of State.

(Pub. L. 103–236, title I, § 129, Apr. 30, 1994, 108 Stat. 394.)
§ 2680a. Compensation for disability or death

Section 1651 of title 42 shall not apply with respect to such contracts as the Secretary of State may determine which are contracts with persons employed to perform work for the Department of State or the Foreign Service on an intermittent basis for not more than 90 days in a calendar year.

(Aug. 1, 1956, ch. 841, title I, § 16, as added and renumbered title I, Pub. L. 97–241, title I, § 122, title II, § 202(a), Aug. 24, 1982, 96 Stat. 281, 282.)
§ 2680b. Special rules for certain monthly workers’ compensation payments and other payments for Department of State personnel under chief of mission authority
(a) Adjustment of compensation for certain injuries
(1) IncreaseThe Secretary of State or the head of any other Federal agency may pay an additional monthly monetary benefit, provided that the covered employee is receiving benefits under section 8105 or 8106 of title 5, and may determine the amount of each monthly monetary benefit amount by taking into account—
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered employee became injured; and
(C) the seniority of the covered employee, particularly for purposes of compensating for lost career growth.
(2) Maximum

Notwithstanding chapter 81 of title 5, the total amount of monthly compensation increased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of such title.

(b) Costs for treating qualifying injuriesThe Secretary of State may pay the costs of or reimburse for diagnosing and treating—
(1) a qualifying injury of a covered employee for such costs, that are not otherwise covered by chapter 81 of title 5 or other provision of Federal law; or
(2) a covered individual, or a covered dependent, for such costs that are not otherwise covered by Federal law.
(c) Information exchange

To avoid duplicate or otherwise improper payments under this subsection, the Secretary of Labor, the Secretary of State, and, as appropriate, the head of any other Federal agency paying benefits under this section shall exchange information about the amounts paid for treatment of qualifying injuries.

(d) RegulationsNot later than 120 days after December 20, 2019, the Secretary of State shall—
(1) prescribe regulations ensuring the fair and equitable implementation of this section; and
(2) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives such regulations.
(e) DefinitionsIn this section:
(1) Covered dependentThe term “covered dependent” means a family member (as defined by the Secretary of State) of a 1
1 So in original. Probably should be “an”.
employee who, on or after January 1, 2016
(A) accompanies the employee to an assigned duty station in a foreign country under chief of mission authority; and
(B) becomes injured by reason of a qualifying injury.
(2) Covered employee

The term “covered employee” means an employee of the Federal Government who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f), but does not include an individual receiving compensation under section 3519b of title 50.

(3) Covered individualThe term “covered individual” means an individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is—
(A) detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); or
(B) affiliated with the Department of State, as determined by the Secretary of State.
(4) Qualifying injuryThe term “qualifying injury” means the following:
(A) With respect to a covered dependent, an injury incurred—
(i) during a period in which the covered dependent is accompanying an employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f);
(ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and
(iii) that was not the result of the willful misconduct of the covered dependent.
(B) With respect to a covered employee or a covered individual, an injury incurred—
(i) during a period of assignment to a duty station in the Republic of Cuba, the People’s Republic of China, or another country designated by the Secretary of State pursuant to subsection (f);
(ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and
(iii) that was not the result of the willful misconduct of the covered employee or the covered individual.
(f) Designation by the Secretary of State of another foreign country or duty stationThe Secretary of State may designate another foreign country for the purposes of this section, provided that the Secretary reports such designation to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and includes in such report a rationale for each such designation. The Secretary of State may not designate an added foreign country or duty station for purposes of providing additional monetary benefit pursuant to subsection (a), (b), or (i) for a qualifying injury to covered employees, covered dependents, or covered individuals under this section unless the Secretary of State—
(1) provides to the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 30 days’ notice of the designation of a particular additional country or duty station and the rationale for such addition; and
(2) provides no such additional monetary benefit pursuant to subsection (a), (b), or (i) to covered employees, covered dependents, or covered individuals for a qualifying injury until the 30-day notice period expires, unless there is written agreement by both the Chair and Ranking Members of both the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that there is no objection to proceeding with provision of such monetary benefit compensation in less than 30 days.
(g) Treatment of amounts

For purposes of section 104 of title 26, amounts paid pursuant to this section shall be treated as amounts described in subsection (a)(5) of such section.

(h) Application
(1) Adjustment of compensation provisionSubsections (a) and (b) shall apply with respect to—
(A) payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5 beginning on or after January 1, 2016; and
(B) diagnosis or treatment described in subsection (b) occurring on or after January 1, 2016.
(2) Other payment provision

Payment under subsection (i) may be made available for a qualifying injury (as defined in such subsection) that occurs before, on, or after October 8, 2021.

(3) Rule of construction

Nothing in this section shall limit, modify, or otherwise supersede chapter 81 of title 5, the Defense Base Act (42 U.S.C. 1651 et seq.), or section 3519b of title 50. Monetary benefits and treatment expenses paid under this section shall not be considered payments under any workers’ compensation law.

(i) Other Injuries
(1) DefinitionsIn this subsection:
(A) Covered dependent

The term “covered dependent” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country.

(B) Covered employee

The term “covered employee” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country.

(C) Covered individual

The term “covered individual” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country.

(D) Qualifying injury

The term “qualifying injury” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country.

(2) Authority

Notwithstanding any other provision of law but subject to paragraph (3), the Secretary of State or other agency head with an employee may provide payment to a covered dependent, a dependent of a former employee, a covered employee, a former employee, and a covered individual for a qualifying injury to the brain.

(3) Limitations
(A) Appropriations required

Payment under paragraph (2) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year.

(B) Matter of payments

Payments under paragraph (2) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis.

(C) Amounts of payments

The total amount of funding obligated for payments under paragraph (2) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability.

(4) Regulations
(A) In general

The Secretary or other agency head described in paragraph (2) that provides payment under such paragraph shall prescribe regulations to carry out this subsection.

(B) Elements

The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2).

(5) No effect on other benefits

Payments made under paragraph (2) are supplemental to any other benefit furnished by the United States Government for which a covered dependent, dependent of a former employee, covered employee, former employee, or covered individual is entitled, and the receipt of such payments may not affect the eligibility of such a person to any other benefit furnished by the United States Government.

(Pub. L. 116–94, div. J, title IX, § 901, Dec. 20, 2019, 133 Stat. 3079; Pub. L. 116–283, div. A, title XI, § 1110, Jan. 1, 2021, 134 Stat. 3892; Pub. L. 117–46, § 3(b), Oct. 8, 2021, 135 Stat. 394; Pub. L. 117–103, div. X, title VI, § 603(b), Mar. 15, 2022, 136 Stat. 995.)
§ 2681. International broadcasting facilities; transfer to Department of State; acquisition of property

For the purpose of assuring continued operation of the facilities hereinafter described for international broadcasting as a means of achieving the objectives of the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.] under authority of that Act, the Reconstruction Finance Corporation, as successor to Defense Plant Corporation, shall transfer, without regard to the provisions of the Surplus Property Act of 1944, as amended, and without reimbursement or transfer of funds, to the Secretary of State (hereinafter referred to as the “Secretary”) all of its right, title, and interest in and to the facilities known as Plancors 1805, 1985, and 1986 located in Butler County, Ohio, in the vicinity of Delano, California, and Dixon, California, respectively, together with the equipment and other property appurtenant thereto. For the purposes of sections 2681 to 2683 of this title, the Secretary is authorized to acquire property or rights or interests therein necessary or desirable for the operation of such facilities by purchase, lease, gift, transfer, condemnation, or otherwise.

(July 9, 1949, ch. 301, § 1, 63 Stat. 408.)
§ 2682. Liquidation and disposal of broadcasting facilities

Whenever the Secretary finds that the operation of the facilities authorized by sections 2681 to 2683 of this title to be transferred is no longer necessary or desirable, he shall report such fact to Congress with his recommendations for the disposition of such facilities.

(July 9, 1949, ch. 301, § 2, 63 Stat. 408.)
§ 2683. Assumption of obligations of operation of broadcasting facilities

The Department of State shall assume all obligations of the Reconstruction Finance Corporation covering operations of said facilities, equipment, and appurtenant property outstanding at the date of transfer.

(July 9, 1949, ch. 301, § 3, 63 Stat. 408.)
§ 2684. Capital fund for Department of State to centralize reproduction, editorial, data processing, audiovisual and other services; maximum amount; operation of fund
(a) Establishment of fund

There is hereby established a working capital fund for the Department of State, which shall be available without fiscal year limitation, for expenses (including those authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.]) and equipment, necessary for maintenance and operation in the city of Washington and elsewhere of (1) central reproduction, editorial, data processing, audiovisual, library and administrative support services; (2) central services for supplies and equipment (including repairs); (3) such other administrative services as the Secretary, with the approval of the Office of Management and Budget, determines may be performed more advantageously and more economically as central services; and (4) medical and health care services. Such fund shall also be available without fiscal year limitation to carry out the purposes of title II of this Act [22 U.S.C. 4301 et seq.] 1

1 So in original. Probably should be followed by a period.
The capital of the fund shall consist of the amount of the fair and reasonable value of such supply inventories, equipment, and other assets and inventories on order, pertaining to the services to be carried on by the fund, as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations, together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed, or credited with advance payments, from applicable appropriations and funds of the Department of State, other Federal agencies, and other sources authorized by law, for supplies and services at rates which will approximate the expense of operations, including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, earnings which the Secretary determines to be excess to the needs of the fund.

(b) Charges to fund; credit to appropriations

The current value of supplies returned to the working capital fund by a post, activity, or agency may be charged to the fund. The proceeds thereof shall, if otherwise authorized, be credited to current applicable appropriations and shall remain available for expenditures for the same purposes for which those appropriations are available. Credits may not be made to appropriations under this subsection as the result of capitalization of inventories.

(Aug. 1, 1956, ch. 841, title I, § 13, as added Pub. L. 88–205, pt. IV, § 405, Dec. 16, 1963, 77 Stat. 391; amended 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970 35 F.R. 7959, 84 Stat. 2085; Pub. L. 92–226, pt. IV, § 407(c), Feb. 7, 1972, 86 Stat. 35; Pub. L. 95–426, title I, § 109(a), Oct. 7, 1978, 92 Stat. 966; Pub. L. 96–465, title II, § 2201(b), Oct. 17, 1980, 94 Stat. 2157; renumbered title I and amended Pub. L. 97–241, title II, §§ 202(a), 203(a), Aug. 24, 1982, 96 Stat. 282, 290; Pub. L. 101–246, title I, § 112, Feb. 16, 1990, 104 Stat. 21.)
§ 2684a. Capital Investment Fund
(a) Establishment

There is established within the Department of State a Capital Investment Fund to provide for the procurement and enhancement of information technology and other related capital investments for the Department of State and to ensure the efficient management, coordination, operation, and utilization of such resources.

(b) Funding

Funds otherwise available for the purposes of subsection (a) may be deposited in such Fund.

(c) Availability

Amounts deposited into the Fund shall remain available until expended.

(d) Expenditures from Fund

Amounts deposited in the Fund shall be available for purposes of subsection (a).

(e) Reprogramming procedures

Funds credited to the Capital Investment Fund shall not be available for obligation or expenditure except in compliance with the procedures applicable to reprogramming notifications under section 2706 of this title.

(Pub. L. 103–236, title I, § 135, Apr. 30, 1994, 108 Stat. 396; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2209, Oct. 21, 1998, 112 Stat. 2681–811.)
§ 2685. Reimbursement for detailed State Department personnel
(a) An Executive agency to which any officer or employee of the Department of State is detailed, assigned, or otherwise made available, shall reimburse the Department for the salary and allowances of each such officer or employee for the period the officer or employee is so detailed, assigned, or otherwise made available. However, if the Department of State has an agreement with an Executive agency or agencies providing for the detailing, assigning, or otherwise making available, of substantially the same numbers of officers and employees between the Department and the Executive agency or agencies, and such numbers with respect to a fiscal year are so detailed, assigned, or otherwise made available, or if the period for which the officer or employee is so detailed, assigned, or otherwise made available does not exceed one year, or if the number of officers and employees so detailed, assigned, or otherwise made available at any one time does not exceed fifteen and the period of any such detail, assignment, or availability of an officer or employee does not exceed two years, no reimbursement shall be required to be made under this section. Officers and employees of the Department of State who are detailed, assigned, or otherwise made available to another Executive agency for a period of not to exceed one year shall not be counted toward any personnel ceiling for the Department of State established by the Director of the Office of Management and Budget.
(b) For purposes of this section, “Executive agency” has the same meaning given that term by section 105 of title 5.
(Pub. L. 93–126, § 11, Oct. 18, 1973, 87 Stat. 453; Pub. L. 95–426, title I, § 118, Oct. 7, 1978, 92 Stat. 969; Pub. L. 99–93, title I, § 117, Aug. 16, 1985, 99 Stat. 412.)
§ 2686. Review of world-wide supply, demand, and price of basic raw and processed materials
It is the sense of the Congress that the Secretary of State should, and he is authorized to, establish within the Department of State a bureau which shall be responsible for continuously reviewing (1) the supply, demand, and price, throughout the world, of basic raw and processed materials (including agricultural commodities), and (2) the effect of United States Government programs and policies (including tax policy) in creating or alleviating, or assisting in creating or alleviating, shortages of such materials. In conducting such review, the bureau should obtain information with respect to—
(A) the supply, demand, and price of each such material in each major importing, exporting, and producing country and region of the world in order to understand long-term and short-term trends in the supply, demand, and price of such materials;
(B) projected imports and exports of such materials on a country-by-country basis;
(C) unusual patterns or changes in connection with the purchase or sale of such materials;
(D) a list of such materials in short supply and an estimate of the amount of shortage;
(E) international geological, geophysical, and political conditions which may affect the supply of such materials; and
(F) other matters that the Secretary considers appropriate in carrying out this section.
(Pub. L. 93–475, § 14, Oct. 26, 1974, 88 Stat. 1443.)
§ 2686a. Appointment of Special Coordinator for water policy negotiations and water resources policy
(a) Designation
The Secretary of State shall designate a Special Coordinator—
(1) to coordinate the United States Government response to international water resource disputes and needs;
(2) to represent the United States Government, whenever appropriate, in multilateral fora in discussions concerning access to fresh water; and
(3) to formulate United States policy to assist in the resolution of international problems posed by the lack of fresh water supplies.
(b) Other responsibilities

The individual designated under subsection (a) may carry out the functions of subsection (a) in addition to other assigned responsibilities.

(Pub. L. 102–138, title I, § 180, Oct. 28, 1991, 105 Stat. 682.)
§ 2687. Use of appropriated funds for unusual expenses of United States Representative to Organization of American States

The Secretary of State is authorized to use appropriated funds for unusual expenses similar to those authorized by section 5913 of title 5 incident to the operation and maintenance of the living quarters of the United States Representative to the Organization of American States.

(Aug. 1, 1956, ch. 841, title I, § 17, as added Pub. L. 94–141, title I, § 101(c), Nov. 29, 1975, 89 Stat. 756; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2688. Ambassadors; criteria regarding selection and confirmation

It is the sense of the Congress that the position of United States ambassador to a foreign country should be accorded to men and women possessing clearly demonstrated competence to perform ambassadorial duties. No individual should be accorded the position of United States ambassador to a foreign country primarily because of financial contributions to political campaigns.

(Aug. 1, 1956, ch. 841, title I, § 18, as added Pub. L. 94–141, title I, § 104, Nov. 29, 1975, 89 Stat. 757; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2689. American Sections, International Joint Commission, United States and Canada; funds for representation expenses and official entertainment within the United States

Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use funds appropriated for the American Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.

(Aug. 1, 1956, ch. 841, title I, § 19, as added Pub. L. 94–350, title I, § 104, July 12, 1976, 90 Stat. 824; amended Pub. L. 95–426, title I, § 110(a), Oct. 7, 1978, 92 Stat. 967; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2690. Foreign gifts; audit; reports to Congress

Any expenditure for any gift for any person of any foreign country which involves any funds made available to meet unforeseen emergencies arising in the Diplomatic and Consular Service shall be audited by the Comptroller General and reports thereon made to the Congress to such extent and at such times as he may determine necessary. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property pertaining to such expenditure and necessary to facilitate the audit.

(Aug. 1, 1956, ch. 841, title I, § 20, as added Pub. L. 94–350, title I, § 116(a), July 12, 1976, 90 Stat. 827; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
§ 2691. Repealed. Pub. L. 101–649, title VI, § 603(a)(18), Nov. 29, 1990, 104 Stat. 5084
§ 2692. Compensation for persons participating in State Department proceedings; availability of funds
(a) The Secretary of State may compensate, pursuant to regulations which he shall prescribe, for the cost of participating in any proceeding or on any advisory committee or delegation of the Department of State, any organization or person—
(1) who is representing an interest which would not otherwise be adequately represented and whose participation is necessary for a fair determination of the issues taken as a whole; and
(2) who would otherwise be unable to participate in such proceeding or on such committee or delegation because such organization or person cannot afford to pay the costs of such participation.
(b) Of the funds appropriated for salaries and expenses for the Department of State, not to exceed $250,000 shall be available in any fiscal year for compensation under this section to such organizations and persons.
(Aug. 1, 1956, ch. 841, title I, § 22, as added Pub. L. 95–105, title I, § 113(a), Aug. 17, 1977, 91 Stat. 848; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2693. Repealed. Pub. L. 96–465, title II, § 2205(3), Oct. 17, 1980, 94 Stat. 2160
§ 2694. Limitation on purchase of gifts for foreign individuals; report to Speaker of the House and chairman of the Committee on Foreign Relations of the Senate
(1) After September 30, 1977, no appropriated funds, other than funds from the “Emergencies in the Diplomatic and Consular Service” account of the Department of State, may be used to purchase any tangible gift of more than minimal value (as defined in section 7342(a)(5) of title 5) for any foreign individual unless such gift has been approved by the Congress.
(2) Beginning October 1, 1977, the Secretary of State shall annually transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report containing details on (1) any gifts of more than minimal value purchased with appropriated funds which were given to a foreign individual during the previous fiscal year, and (2) any other gifts of more than minimal value given by the United States Government to a foreign individual which were not obtained using appropriated funds.
(Pub. L. 95–105, title V, § 515(b), Aug. 17, 1977, 91 Stat. 866.)
§ 2695. Administrative services
(a) Agreements

Whenever the head of any Federal agency performing any foreign affairs functions (including, but not limited to, the Department of State, the Broadcasting Board of Governors, and the Agency for International Development) determines that administrative services performed in common by the Department of State and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the Secretary of State and the heads of the other agencies concerned may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for the transfer to and consolidation within the Department or within one of the other agencies concerned of so much of the functions, personnel, property, records, and funds of the Department and of the other agencies concerned as may be necessary to enable the performance of those administrative services on a consolidated basis for the benefit of all agencies concerned. Agreements for consolidation of administrative services under this section shall provide for reimbursement or advances of funds from the agency receiving the service to the agency performing the service in amounts which will approximate the expense of providing administrative services for the serviced agency.

(b) Payment
(1) A Federal agency which obtains administrative services from the Department of State pursuant to an agreement authorized under subsection (a) shall make full and prompt payment for such services through advance of funds or reimbursement.
(2) The Secretary of State shall bill each Federal agency for amounts due for services provided pursuant to subsection (a). The Secretary shall notify a Federal agency which has not made full payment for services within 90 days after billing that services to the agency will be suspended or terminated if full payment is not made within 180 days after the date of notification. Except as provided under paragraph (3), the Secretary shall suspend or terminate services to a Federal agency which has not made full payment for services under this section 180 days after the date of notification. Any costs associated with a suspension or termination of services shall be the responsibility of, and shall be billed to, the Federal agency.
(3) The Secretary of State may waive the requirement for suspension or termination under paragraph (2) with respect to such services as the Secretary determines are necessary to ensure the protection of life and the safety of United States Government property. A waiver may be issued for a period not to exceed one year and may be renewed.
(Aug. 1, 1956, ch. 841, title I, § 23, as added Pub. L. 95–426, title I, § 111(a), Oct. 7, 1978, 92 Stat. 967; renumbered title I and amended Pub. L. 97–241, title II, § 202(a), title III, § 303(b), Aug. 24, 1982, 96 Stat. 282, 291; Pub. L. 102–138, title I, § 118, Oct. 28, 1991, 105 Stat. 657; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(f), title XIII, § 1335(l)(1), Oct. 21, 1998, 112 Stat. 2681–775, 2681–789.)
§ 2695a. Foreign language services
(a) Surcharge for certain foreign language services

Notwithstanding any other provision of law, the Secretary of State is authorized to require the payment of an appropriate fee, surcharge, or reimbursement for providing other Federal agencies with foreign language translation and interpretation services.

(b) Use of funds

Funds collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of providing translation or interpretation services in any foreign language. Such funds may remain available until expended.

(Pub. L. 103–236, title I, § 193, Apr. 30, 1994, 108 Stat. 419.)
§ 2695b. Omitted
§ 2696. Nondiscretionary personnel costs, currency fluctuations, and other contingencies
(a) Additional appropriations

There are authorized to be appropriated for the Department of State, in addition to amounts otherwise authorized to be appropriated for the Department, such sums as may be necessary for any fiscal year for increases in salary, pay, retirement, and other employee benefits authorized by law.

(b) Appropriations authorization based on currency fluctuations
(1) In order to maintain the levels of program activity for the Department of State provided for each fiscal year by the annual authorizing legislation, there are authorized to be appropriated for the Department of State such sums as may be necessary to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes, which occur after November 30 of the earlier of—
(A) the calendar year which ended during the fiscal year preceding such fiscal year, or
(B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted.
(2) In carrying out this subsection, there may be established a Buying Power Maintenance account.
(3) In order to eliminate substantial gains to the approved levels of overseas operations for the Department of State, the Secretary of State shall transfer to the Buying Power Maintenance account such amounts in any appropriation account under the span “Administration of Foreign Affairs” as the Secretary determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices.
(4) In order to offset adverse fluctuations in foreign currency exchange rates or overseas wage and price changes, the Secretary of State may transfer from the Buying Power Maintenance account to any appropriation account under the span “Administration of Foreign Affairs” such amounts as the Secretary determines are necessary to maintain the approved level of operations under that appropriation account.
(5) Funds transferred by the Secretary of State from the Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in that other account. Funds transferred by the Secretary from another account to the Buying Power Maintenance account shall be merged with the funds in the Buying Power Maintenance account and shall be available for the purposes of that account until expended.
(6)
(7)
(A) Subject to the limitations contained in this paragraph, not later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available for an account under “Administration of Foreign Affairs”, the Secretary of State may transfer any unobligated balance of such funds to the Buying Power Maintenance account.
(B) The balance of the Buying Power Maintenance account may not exceed $100,000,000 as a result of any transfer under this paragraph.
(C) Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 2706 of this title and shall be available for obligation or expenditure only in accordance with the procedures under such section.
(D) The authorities contained in this paragraph may be exercised only with respect to funds appropriated or otherwise made available after fiscal year 2008.
(c) Availability of appropriations until expended

Amounts authorized to be appropriated for a fiscal year for the Department of State or to the Secretary of State are authorized to be made available until expended.

(d) Accounts subject to percentage limitation
(1) Subject to paragraphs (2) and (3), funds authorized to be appropriated for any account of the Department of State in the Department of State Appropriations Act, for either fiscal year of any two-year authorization cycle may be appropriated for such fiscal year for any other account of the Department of State.
(2) Amounts appropriated for the “Diplomatic and Consular Programs” account may not exceed by more than 5 percent the amount specifically authorized to be appropriated for such account for a fiscal year. No other appropriations account may exceed by more than 10 percent the amount specifically authorized to be appropriated for such account for a fiscal year.
(3) The requirements and limitations of section 2680 of this title shall not apply to the appropriation of funds pursuant to this subsection.
(e) Availability of funds for twelve-month contracts to be performed in two fiscal years

Amounts authorized to be appropriated for a fiscal year for the Department of State or to the Secretary of State are authorized to be obligated for twelve-month contracts which are to be performed in two fiscal years, if the total amount for such contracts is obligated in the earlier fiscal year.

(Aug. 1, 1956, ch. 841, title I, § 24, as added Pub. L. 96–60, title I, § 105(a), Aug. 15, 1979, 93 Stat. 396; renumbered title I and amended Pub. L. 97–241, title I, § 112(a), title II, § 202(a), Aug. 24, 1982, 96 Stat. 277, 282; Pub. L. 101–246, title I, § 107, Feb. 16, 1990, 104 Stat. 21; Pub. L. 102–138, title I, § 117(a), (c), Oct. 28, 1991, 105 Stat. 656, 657; Pub. L. 103–236, title I, § 122(a), Apr. 30, 1994, 108 Stat. 392; Pub. L. 110–252, title I, § 1408(b), June 30, 2008, 122 Stat. 2342.)
§ 2697. Acceptance of gifts on behalf of United States
(a) Unconditional and conditional gifts

The Secretary of State may accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the Department of State (including the Foreign Service) or for the carrying out of any of its functions. Conditional gifts may be so accepted at the discretion of the Secretary, and the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with its conditions, except that no gift shall be accepted which is conditioned upon any expenditure which will not be met by the gift or the income from the gift unless such expenditure has been approved by Act of Congress.

(b) Disposition

Any unconditional gift of money accepted under subsection (a), the income from any gift property held under subsection (c) or (d) (except income made available for expenditure under subsection (d)(2)), the net proceeds from the liquidation of gift property under subsection (c) or (d), and the proceeds of insurance on any gift property which are not used for its restoration, shall be deposited in the Treasury of the United States. Such funds are hereby appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of the Department of State (including the Foreign Service). The Secretary of the Treasury may invest and reinvest such funds in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such funds and the income from such investments shall be available for expenditure in the operation of the Department of State (including the Foreign Service) and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Foreign Service by the Congress, but shall not be expended for representational purposes at United States missions except in accordance with the conditions that apply to appropriated funds.

(c) Evidences of unconditional gift of intangible personal property

The evidences of any unconditional gift of intangible personal property (other than money) accepted under subsection (a), shall be deposited with the Secretary of the Treasury who may hold or liquidate them, except that they shall be liquidated upon the request of the Secretary of State whenever necessary to meet payments required in the operation of the Department of State (including the Foreign Service) or the performance of its functions.

(d) Use of real property or tangible personal property received unconditionally
(1) The Secretary of State shall hold any real property or any tangible personal property accepted unconditionally pursuant to subsection (a) and shall either use such property for the operation of the Department of State (including the Foreign Service) and the performance of its functions or lease or hire such property, except that any such property not required for the operation of the Department of State (including the Foreign Service) or the performance of its functions may be liquidated by the Secretary of State whenever in the judgment of the Secretary of State the purposes of the gift will be served thereby. The Secretary of State may insure any property held under this subsection. Except as provided in paragraph (2), the Secretary shall deposit the income from any property held under this subsection with the Secretary of the Treasury as provided in subsection (b).
(2) The income from any real property or tangible personal property held under this subsection shall be available for expenditure at the discretion of the Secretary of State for the maintenance, preservation, or repair and insurance of such property and any proceeds from insurance may be used to restore the property insured.
(e) Taxation

For the purpose of Federal income, estate, and gift taxes, any gift, devise, or bequest accepted under this section shall be deemed to be a gift, devise, or bequest to and for the use of the United States.

(f) Availability of statutory authorities to Broadcasting Board and Administrator of AID

The authorities available to the Secretary of State under this section with respect to the Department of State shall be available to the Broadcasting Board of Governors and the Administrator of the Agency for International Development with respect to the Board and the Agency.

(Aug. 1, 1956, ch. 841, title I, § 25, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2153; renumbered title I and amended Pub. L. 97–241, title II, § 202(a), title III, § 303(b), Aug. 24, 1982, 96 Stat. 282, 291; Pub. L. 100–204, title I, § 125, Dec. 22, 1987, 101 Stat. 1341; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(2), title XIV, § 1422(b)(3)(A), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792.)
§ 2698. Procurement of legal services
(a) The Secretary of State may, without regard to section 3106 of title 5, authorize a principal officer of the Foreign Service to procure legal services whenever such services are required for the protection of the interests of the Government or to enable a member of the Service to carry on the member’s work efficiently.
(b) The authority available to the Secretary of State under this section shall be available to the Broadcasting Board of Governors,1
1 So in original. The comma probably should not appear.
and the Administrator of the Agency for International Development with respect to the Board and the Agency.
(Aug. 1, 1956, ch. 841, title I, § 26, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 101–246, title III, § 303, Feb. 16, 1990, 104 Stat. 64; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(3), title XIV, § 1422(b)(3)(B), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 802(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.)
§ 2699. Employment opportunities for family members
(a) In order to expand employment opportunities for family members of United States Government personnel assigned abroad, the Secretary of State shall seek to conclude such bilateral and multilateral agreements as will facilitate the employment of such family members in foreign economies.
(b) Any member of a family of a member of the Foreign Service may accept gainful employment in a foreign country unless such employment—
(1) would violate any law of such country or of the United States; or
(2) could, as certified in writing by the United States chief of mission to such country, damage the interests of the United States.
(Aug. 1, 1956, ch. 841, title I, § 27, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2700. Use of vehicles

The Secretary of State may authorize the principal officer of a Foreign Service post to provide for the use of Government owned or leased vehicles located at that post for transportation of United States Government employees and their families when public transportation is unsafe or not available or when such use is advantageous to the Government.

(Aug. 1, 1956, ch. 841, title I, § 28, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2701. Educational facilities

Whenever the Secretary of State determines that educational facilities are not available, or that existing educational facilities are inadequate, to meet the needs of children of United States citizens stationed outside the United States who are engaged in carrying out Government activities, the Secretary may, in such manner as he deems appropriate and under such regulations as he may prescribe, establish, operate, and maintain primary schools, and school dormitories and related educational facilities for primary and secondary schools, outside the United States, make grants of funds for such purposes, or otherwise provide for such educational facilities. The authorities of the Foreign Service Buildings Act, 1926 [22 U.S.C. 292 et seq.], and of paragraphs (h) and (i) of section 2670 of this title, may be utilized by the Secretary in providing assistance for educational facilities. Such assistance may include physical security enhancements and hiring, transporting, and payment of teachers and other necessary personnel. Notwithstanding any other provision of law, where the child of a United States citizen employee of an agency of the United States Government who is stationed outside the United States attends an educational facility assisted by the Secretary of State under this section, the head of that agency is authorized to reimburse, or credit with advance payment, the Department of State for funds used in providing assistance to such educational facilities, by grant or otherwise, under this section.

(Aug. 1, 1956, ch. 841, title I, § 29, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2201, Oct. 21, 1998, 112 Stat. 2681–804; Pub. L. 114–323, title I, § 114, Dec. 16, 2016, 130 Stat. 1911.)
§ 2702. Malpractice protection
(a) Exclusiveness of designated remedies
The remedy—
(1) against the United States provided by sections 1346(b) and 2672 of title 28, or
(2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under such sections,
for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assist­ants, and therapists) or other supporting personnel of the Department of State in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or his or her estate) whose act or omission gave rise to such claim.
(b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings

The United States Government shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his or her estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as may be determined by the Attorney General, all process served upon him or her or an attested true copy thereof to whomever was designated by the Secretary to receive such papers. Such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary.

(c) Removal of actions; remand or dismissal; suspension of limitations

Upon a certification by the Attorney General that the defendant was acting within the scope of his or her employment in or for the Department of State or any other Federal department, agency, or instrumentality at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court except that where such remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in that event, the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section.

(d) Compromise or settlement of claims

The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect.

(e) Inapplicability of section 2680(h) of title 28

For purposes of this section, the provisions of section 2680(h) of title 28, shall not apply to any tort enumerated therein arising out of negligence in the furnishing of medical care or related services, including the conducting of clinical studies or investigations.

(f) Holding harmless or providing for liability insurance

The Secretary may, to the extent he deems appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of subsection (a) of this section apply, for damages for personal injury, including death, negligently caused by any such person while acting within the scope of his or her office or employment and as a result of the furnishing of medical care or related services, including the conducting of clinical studies or investigations, if such person is assigned to a foreign area or detailed for service with other than a Federal agency or institution, or if the circumstances are such as are likely to preclude the remedies of third persons against the United States provided by sections 1346(b) and 2672 of title 28, for such damage or injury.

(g) Medical care or related service within scope of employment

For purposes of this section, any medical care or related service covered by this section and performed abroad by a covered person at the direction or with the approval of the United States chief of mission or other principal representative of the United States in the area shall be deemed to be within the scope of employment of the individual performing the service.

(Aug. 1, 1956, ch. 841, title I, § 30, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2155; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
§ 2703. Services and facilities for employees at posts abroad
(a) Non-Government-operated services; applicability of other provisions of law

The Secretary of State may authorize and assist in the establishment, maintenance, and operation by civilian officers and employees of the Government of non-Government-operated services and facilities at posts abroad, including the furnishing of space, utilities, and properties owned or leased by the Government for use by its diplomatic, consular, and other missions and posts abroad. The provisions of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292–300) and section 2684 of this title may be utilized by the Secretary in providing such assistance.

(b) Emergency commissary and mess services

The Secretary may establish and maintain emergency commissary or mess services in places abroad where, in the judgment of the Secretary, such services are necessary temporarily to insure the effective and efficient performance of official duties and responsibilities. Reimbursements incident to the maintenance and operation of commissary or mess service under this subsection shall be at not less than cost as determined by the Secretary and shall be used as working funds, except that an amount equal to the amount expended for such services shall be covered into the Treasury as miscellaneous receipts.

(c) Availability; duplication of facilities and services

Services and facilities established under this section shall be made available, insofar as practicable, to officers and employees of all agencies and their dependents who are stationed in the locality abroad, and, where determined by the Secretary to be appropriate due to exceptional circumstances, to United States citizens hired outside of the host country to serve as teaching staff for such dependents abroad. Such services and facilities shall not be established in localities where another agency operates similar services or facilities unless the Secretary determines that additional services or facilities are necessary. Other agencies shall to the extent practicable avoid duplicating the facilities and services provided or assisted by the Secretary under this section.

(d) Charges

Charges at any post abroad for a service or facility provided, authorized or assisted under this section shall be at the same rate for all civilian personnel of the Government serviced thereby, and all charges for supplies furnished to such a service or facility abroad by any agency shall be at the same rate as that charged by the furnishing agency to its comparable civilian services and facilities.

(e) Child care facilitiesThe Secretary of State may make grants to child care facilities, to offset in part the cost of such care, in Moscow and at no more than five other posts abroad where the Secretary determines that due to extraordinary circumstances such facilities are necessary to the efficient operation of the post. In making that determination, the Secretary shall take into account factors such as—
(1) whether Foreign Service spouses are encouraged to work at the post because—
(A) the number of members of the post is subject to a ceiling imposed by the receiving country; and
(B) Foreign Service nationals are not employed at the post; and
(2) whether local child care is available.
(Aug. 1, 1956, ch. 841, title I, § 31, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2156; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 101–246, title I, § 147, Feb. 16, 1990, 104 Stat. 38; Pub. L. 102–138, title I, §§ 121, 144, Oct. 28, 1991, 105 Stat. 658, 668; Pub. L. 103–236, title I, § 124, Apr. 30, 1994, 108 Stat. 393.)
§ 2704. Subsistence expenses

The Secretary of State may pay, without regard to section 5702 of title 5, subsistence expenses of (1) special agents of the Department of State who are on authorized protective missions, whether at or away from their duty stations, and (2) members of the Foreign Service and employees of the Department who are required to spend extraordinary amounts of time in travel status. The authorities available to the Secretary of State under this section with respect to the Department of State shall be available to the Broadcasting Board of Governors and the Administrator of the Agency for International Development with respect to their respective agencies, except that the authority of clause (2) shall be available with respect to those agencies only in the case of members of the Foreign Service and employees of the agency who are performing security-related functions abroad.

(Aug. 1, 1956, ch. 841, title I, § 32, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2157; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 98–533, title III, § 303(c), Oct. 19, 1984, 98 Stat. 2711; Pub. L. 99–93, title I, § 125(b), Aug. 16, 1985, 99 Stat. 417; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(4), title XIV, § 1422(b)(3)(C), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792; Pub. L. 110–321, § 3, Sept. 19, 2008, 122 Stat. 3535.)
§ 2705. Documentation of citizenship
The following documents shall have the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction:
(1) A passport, during its period of validity (if such period is the maximum period authorized by law), issued by the Secretary of State to a citizen of the United States.
(2) The report, designated as a “Report of Birth Abroad of a Citizen of the United States”, issued by a consular officer to document a citizen born abroad. For purposes of this paragraph, the term “consular officer” includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.
(Aug. 1, 1956, ch. 841, title I, § 33, as added and renumbered title I, Pub. L. 97–241, title I, § 117, title II, § 202(a), Aug. 24, 1982, 96 Stat. 279, 282; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2222(a), Oct. 21, 1998, 112 Stat. 2681–818.)
§ 2706. Reprograming of funds; notice requirements
(a) In general
Unless the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate are notified fifteen days in advance of the proposed reprograming, funds appropriated for the Department of State shall not be available for obligation or expenditure through any reprograming of funds—
(1) which creates new programs;
(2) which eliminates a program, project, or activity;
(3) which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress;
(4) which relocates an office or employees;
(5) which reorganizes offices, programs, or activities;
(6) which involves contracting out functions which had been performed by Federal employees; or
(7) which involves a reprograming in excess of $1,000,000 or 10 per centum, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 per centum or more the funding for any existing program, project, activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects approved by the Congress.
(b) Final 15 days in which funds available

Funds appropriated for the Department of State may not be available for obligation or expenditure through any reprogramming described in subsection (a) during the period which is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period.

(c) Waiver

The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to do so would pose a substantial risk to human health or welfare. In the case of any waiver under this subsection, notification to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances.

(Aug. 1, 1956, ch. 841, title I, § 34, as added Pub. L. 98–164, title I, § 123, Nov. 22, 1983, 97 Stat. 1025; amended Pub. L. 100–204, title I, § 121, Dec. 22, 1987, 101 Stat. 1339; Pub. L. 102–138, title I, § 117(b), Oct. 28, 1991, 105 Stat. 657; Pub. L. 103–236, title I, § 122(c), Apr. 30, 1994, 108 Stat. 392; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2243, Oct. 21, 1998, 112 Stat. 2681–823.)
§ 2706a. Rewards payments

The Secretary may transfer to and merge with “Emergencies in the Diplomatic and Consular Service” for rewards payments unobligated balances of funds appropriated under “Diplomatic and Consular Programs” for this fiscal year and for each fiscal year on and after December 26, 2007, at no later than the end of the fifth fiscal year after the fiscal year for which any such funds were appropriated or otherwise made available.

(Pub. L. 110–161, div. J, title I (part), Dec. 26, 2007, 121 Stat. 2278.)
§ 2707. International communications and information policy; duties of Secretary of State
(a) Repealed. Pub. L. 103–236, title I, § 162(k)(1)(A), Apr. 30, 1994, 108 Stat. 408.
(b) The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international communications and information policy. The Secretary of State shall—
(1) exercise primary authority for the conduct of foreign policy with respect to such telecommunications functions, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this responsibility, the Secretary shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the authority vested by law or Executive order in the Federal Communications Commission, the Department of Commerce and the Office of the United States Trade Representative in this area;
(2) maintain continuing liaison with other executive branch agencies concerned with international communications and information policy and with the Federal Communications Commission, as appropriate;
(3) in accordance with such authority as may be delegated by the President pursuant to Executive order, supervise and coordinate the activities of any senior interagency policymaking group on international telecommunications and information policy and chair such interagency meetings as may be necessary to coordinate actions on pending issues;; 1
1 So in original.
(4) coordinate the activities of, and assist as appropriate, interagency working level task forces and committees concerned with specific aspects of international communications and information policy;
(5) maintain liaison with the members and staffs of committees of the Congress concerned with international communications and information policy and provide testimony before such committees;
(6) maintain appropriate liaison with representatives of the private sector to keep informed of their interests and problems, meet with them, and provide such assistance as may be needed to ensure that matters of concern to the private sector are promptly considered by the Department or other executive branch agencies; and
(7) assist in arranging meetings of such public sector advisory groups as may be established to advise the Department of State and other executive branch agencies in connection with international communications and information policy issues.
(Aug. 1, 1956, ch. 841, title I, § 35, as added Pub. L. 98–164, title I, § 124, Nov. 22, 1983, 97 Stat. 1025; amended Pub. L. 100–204, title I, § 173(a)(1), Dec. 22, 1987, 101 Stat. 1360; Pub. L. 103–236, title I, § 162(k)(1), Apr. 30, 1994, 108 Stat. 408.)
§ 2708. Department of State rewards program
(a) Establishment
(1) In general

There is established a program for the payment of rewards to carry out the purposes of this section.

(2) Purpose

The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, serious violations of international humanitarian law, foreign election interference, transnational organized crime, and other related criminal acts.

(3) Implementation

The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General.

(b) Rewards authorizedIn the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, as appropriate, with the heads of other relevant departments or agencies, the Secretary may pay a reward to any individual who furnishes information leading to—
(1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a United States person or United States property;
(2) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United States property;
(3) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves—
(A) a violation of United States narcotics laws such that the individual would be a major violator of such laws;
(B) the killing or kidnapping of—
(i) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or
(ii) a member of the immediate family of any such individual on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or
(C) an attempt or conspiracy to commit any act described in subparagraph (A) or (B);
(4) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), (3), (8), (9), or (10);
(5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), (3), (8), (9), (10), or (13), including by dismantling an organization in whole or significant part;
(6) the identification or location of an individual who holds a key leadership position in a terrorist organization or transnational organized crime group;
(7) the disruption of financial mechanisms of a foreign terrorist organization or transnational organized crime group, including the use by such organization or group of illicit narcotics production or international narcotics trafficking—
(A) to finance acts of international terrorism or transnational organized crime; or
(B) to sustain or support any terrorist organization or transnational organized crime group;
(8) the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime;
(9) the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime;
(10) the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal (including a hybrid or mixed tribunal), of any foreign national accused of war crimes, crimes against humanity, or genocide (including war crimes, crimes against humanity, or genocide committed in Syria beginning in March 2011), as defined under the statute of such tribunal;
(11) the identification or location of any person who, while acting at the direction of or under the control of a foreign government, aids or abets a violation of section 1030 of title 18;
(12) the disruption of financial mechanisms of any person who has engaged in the conduct described in section 2914(a) or 2914(b)(1) of this title; or
(13) the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference.
(c) Coordination
(1) ProceduresTo ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, the offering, administration, and payment of rewards under this section, including procedures for—
(A) identifying individuals, organizations, and offenses with respect to which rewards will be offered;
(B) the publication of rewards;
(C) the offering of joint rewards with foreign governments;
(D) the receipt and analysis of data; and
(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General.
(2) Prior approval of Attorney General required

Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General.

(d) Funding
(1) Authorization of appropriations

Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93; 99 Stat. 408), but subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such amounts as may be necessary to carry out this section.

(2) Period of availability

Amounts appropriated under paragraph (1) shall remain available until expended.

(e) Limitations and certification
(1) Maximum amount

No reward paid under this section may exceed $25,000,000, except as personally authorized by the Secretary of State if he determines that offer or payment of an award of a larger amount is necessary to combat terrorism or defend the Nation against terrorist acts. Without first making such determination, the Secretary may authorize a reward of up to twice the amount specified in this paragraph for the capture or information leading to the capture of a leader of a foreign terrorist organization.

(2) Approval

A reward under this section of more than $100,000 may not be made without the approval of the Secretary.

(3) Certification for payment

Any reward granted under this section shall be approved and certified for payment by the Secretary.

(4) Nondelegation of authority

The authority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated.

(5) Protection measures

If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary to effect such protection.

(6) Forms of reward payment

The Secretary may make a reward under this section in the form of money, a nonmonetary item (including such items as automotive vehicles), or a combination thereof.

(f) Ineligibility

An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) shall not be eligible for a reward under this section.

(g) Reports
(1) Reports on payment of rewards

Not later than 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the information for which the reward was paid in dealing with those acts.

(2) Annual reports

Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the appropriate congressional committees with respect to the operation of the rewards program. The report shall provide information on the total amounts expended during the fiscal year ending in that year to carry out this section, including amounts expended to publicize the availability of rewards.

(3) Advance notification for international criminal tribunal rewards

Not less than 15 days before publicly announcing that a reward may be offered for a particular foreign national accused of war crimes, crimes against humanity, or genocide, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary, setting forth the reasons why the arrest or conviction of such foreign national is in the national interests of the United States.

(4) Reports on rewards authorized

Not less than 15 days after a reward is authorized under this section, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary to protect intelligence sources and methods, detailing information about the reward, including the identity of the individual for whom the reward is being made, the amount of the reward, the acts with respect to which the reward is being made, and how the reward is being publicized.

(h) Publication regarding rewards offered by foreign governments

Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the rewards program shall be available for the publication of rewards offered by foreign governments regarding acts of international terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States.

(i) Media surveys and advertisements
(1) Surveys conducted

For the purpose of more effectively disseminating information about the rewards program, the Secretary may use the resources of the rewards program to conduct media surveys, including analyses of media markets, means of communication, and levels of literacy, in countries determined by the Secretary to be associated with acts of international terrorism.

(2) Creation and purchase of advertisements

The Secretary may use the resources of the rewards program to create advertisements to disseminate information about the rewards program. The Secretary may base the span of such advertisements on the findings of the surveys conducted under paragraph (1). The Secretary may purchase radio or television time, newspaper space, or make use of any other means of advertisement, as appropriate.

(j) Determinations of Secretary

A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review.

(k) DefinitionsAs used in this section:
(1) Act of international terrorismThe term “act of international terrorism” includes—
(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in paragraph (8) of section 6305 of this title) or any nuclear explosive device (as defined in paragraph (4) of that section) by an individual, group, or non-nuclear-weapon state (as defined in paragraph (5) of that section); and
(B) any act, as determined by the Secretary, which materially supports the conduct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism as determined for purposes of section 4605(j)(1)(A) 1
1 See References in Text note below.
of title 50.
(2) Appropriate congressional committees

The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(3) Foreign personThe term “foreign person” means—
(A) an individual who is not a United States person; or
(B) a foreign entity.
(4) Foreign election interferenceThe term “foreign election interference” means conduct by a foreign person that—
(A)
(i) violates Federal criminal, voting rights, or campaign finance law; or
(ii) is performed by any person acting as an agent of or on behalf of, or in coordination with, a foreign government or criminal enterprise; and
(B) includes any covert, fraudulent, deceptive, or unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the specific intent to significantly influence voters, undermine public confidence in election processes or institutions, or influence, undermine confidence in, or alter the result or reported result of, a general or primary Federal, State, or local election or caucus, including—
(i) the campaign of a candidate; or
(ii) a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum.
(5) Member of the immediate familyThe term “member of the immediate family”, with respect to an individual, includes—
(A) a spouse, parent, brother, sister, or child of the individual;
(B) a person with respect to whom the individual stands in loco parentis; and
(C) any person not covered by subparagraph (A) or (B) who is living in the individual’s household and is related to the individual by blood or marriage.
(6) Rewards program

The term “rewards program” means the program established in subsection (a)(1).

(7) Transnational organized crimeThe term “transnational organized crime”—
(A) means—
(i) racketeering activity (as such term is defined in section 1961 of title 18) that involves at least one jurisdiction outside the United States; or
(ii) any other criminal offense punishable by a term of imprisonment of at least four years under Federal, State, or local law that involves at least one jurisdiction outside the United States and that is intended to obtain, directly or indirectly, a financial or other material benefit; and
(B) includes wildlife trafficking (as defined by section 7601(12) of title 16) and severe forms of trafficking in persons (as defined in section 7102 of this title) involving at least 1 jurisdiction outside of the United States.
(8) Transnational organized crime group

The term “transnational organized crime group” means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime.

(9) United States narcotics laws

The term “United States narcotics laws” means the laws of the United States for the prevention and control of illicit trafficking in controlled substances (as such term is defined in section 802(6) of title 21).

(10) United States personThe term “United States person” means—
(A) a citizen or national of the United States; or
(B) an alien lawfully present in the United States.
(Aug. 1, 1956, ch. 841, title I, § 36, as added Pub. L. 98–533, title I, § 102, Oct. 19, 1984, 98 Stat. 2708; amended Pub. L. 99–399, title V, § 502, Aug. 27, 1986, 100 Stat. 869; Pub. L. 100–690, title IV, § 4602, Nov. 18, 1988, 102 Stat. 4287; Pub. L. 101–231, § 13(a), Dec. 13, 1989, 103 Stat. 1963; Pub. L. 101–246, title X, § 1001, Feb. 16, 1990, 104 Stat. 86; Pub. L. 103–236, title I, § 133(a)(1), title VIII, § 827, Apr. 30, 1994, 108 Stat. 395, 519; Pub. L. 104–134, title I, § 101[(a)] [title IV, § 406], Apr. 26, 1996, 110 Stat. 1321, 1321–45; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2202, Oct. 21, 1998, 112 Stat. 2681–805; Pub. L. 105–323, title I, § 101, Oct. 30, 1998, 112 Stat. 3029; Pub. L. 107–56, title V, § 502, Oct. 26, 2001, 115 Stat. 364; Pub. L. 108–447, div. B, title IV, § 405(a)–(d), Dec. 8, 2004, 118 Stat. 2902, 2903; Pub. L. 110–181, div. A, title XII, § 1255(a), Jan. 28, 2008, 122 Stat. 402; Pub. L. 112–283, §§ 3, 4, Jan. 15, 2013, 126 Stat. 2493, 2494; Pub. L. 114–323, title VII, § 704(a)(1), (2), Dec. 16, 2016, 130 Stat. 1941; Pub. L. 115–44, title III, § 323, Aug. 2, 2017, 131 Stat. 954; Pub. L. 115–141, div. R, § 3, Mar. 23, 2018, 132 Stat. 1123; Pub. L. 115–232, div. A, title XII, § 1232(d), Aug. 13, 2018, 132 Stat. 2038; Pub. L. 116–94, div. J, title VI, § 603, Dec. 20, 2019, 133 Stat. 3069; Pub. L. 116–283, div. A, title XII, § 1238, Jan. 1, 2021, 134 Stat. 3943.)
§ 2708a. Award of Thomas Jefferson Star for Foreign Service
(a) Authority to award
The President, upon the recommendation of the Secretary, may award a Thomas Jefferson Star for Foreign Service to any member of the Foreign Service or any other civilian employee of the Government of the United States who, while employed at, or assigned permanently or temporarily to, an official mission overseas or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not the wound, other injury, or illness resulted in death)—
(1) as the person was performing official duties;
(2) as the person was on the premises of a United States mission abroad; or
(3) by reason of the person’s status as a United States Government employee.
(b) Selection criteria

The Secretary shall prescribe the procedures for identifying and considering persons eligible for award of a Thomas Jefferson Star for Foreign Service and for selecting the persons to be recommended for the award.

(c) Award in the event of death

If a person selected for award of a Thomas Jefferson Star for Foreign Service dies before being presented the award, the award may be made and the star presented to the person’s family or to the person’s representative, as designated by the President.

(d) Form of award

The Secretary shall prescribe the design of the Thomas Jefferson Star for Foreign Service. The award may not include a stipend or any other cash payment.

(e) Funding

Any expenses incurred in awarding a person a Thomas Jefferson Star for Foreign Service may be paid out of appropriations available at the time of the award for personnel of the department or agency of the United States Government in which the person was employed when the person incurred the wound, injury, or illness upon which the award is based.

(Aug. 1, 1956, ch. 841, title I, § 36A, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 321], Nov. 29, 1999, 113 Stat. 1536, 1501A–436; amended Pub. L. 107–228, div. A, title III, § 311, Sept. 30, 2002, 116 Stat. 1377.)
§ 2709. Special agents
(a) General authorityUnder such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may—
(1) conduct investigations concerning—
(A) illegal passport or visa issuance or use;
(B) identity theft or document fraud affecting or relating to the programs, functions, or authorities of the Department of State; or
(C) Federal offenses committed within the special maritime and territorial jurisdiction of the United States (as defined in section 7(9) of title 18), except as such jurisdiction relates to the premises of United States military missions and related residences;
(2) obtain and execute search and arrest warrants, as well as obtain and serve subpoenas and summonses issued under the authority of the United States;
(3) protect and perform protective functions directly related to maintaining the security and safety of—
(A) heads of a foreign state, official representatives of a foreign government, and other distinguished visitors to the United States, while in the United States;
(B) the Secretary of State, Deputy Secretary of State, and official representatives of the United States Government, in the United States or abroad;
(C) members of the immediate family of persons described in subparagraph (A) or (B);
(D) foreign missions (as defined in section 4302(a)(4) 1
1 See References in Text note below.
of this title) and international organizations (as defined in section 4309(b) of this title), within the United States;
(E) a departing Secretary of State for a period of up to 180 days after the date of termination of that individual’s incumbency as Secretary of State, on the basis of a threat assessment; and
(F) an individual who has been designated by the President or President-elect to serve as Secretary of State, prior to that individual’s appointment.2
2 So in original. The period probably should be a semicolon.
(4) if designated by the Secretary and qualified, under regulations approved by the Attorney General, for the use of firearms, carry firearms for the purpose of performing the duties authorized by this section; and
(5) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(b) Agreements with Attorney General and Secretary of the Treasury and firearms regulations
(1) Agreement with Attorney General

The authority conferred by paragraphs (1) and (4) of subsection (a) shall be exercised subject to an agreement between the Secretary and the Attorney General.

(2) Agreement with Attorney General and Secretary of the Treasury

The authority conferred by paragraphs (2) and (5) of subsection (a) shall be exercised subject to an agreement among the Secretary, the Attorney General, and the Secretary of the Treasury.

(3) Firearms regulations

The Secretary of State shall prescribe regulations, which shall be approved by the Attorney General, with respect to the carrying and use of firearms by special agents under this section.

(c) Secret Service not affected

Nothing in subsection (a)(3) shall be construed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 3056 or 3056A of title 18 at a level commensurate with protective requirements as determined by the United States Secret Service. The Secretary of State, the Attorney General, and the Secretary of the Treasury shall enter into an interagency agreement with respect to their law enforcement functions.

(Aug. 1, 1956, ch. 841, title I, § 37, as added Pub. L. 99–93, title I, § 125(a), Aug. 16, 1985, 99 Stat. 415; amended Pub. L. 101–246, title I, § 113, Feb. 16, 1990, 104 Stat. 22; Pub. L. 103–236, title I, § 139(1), Apr. 30, 1994, 108 Stat. 397; Pub. L. 106–553, § 1(a)(2) [title IV, § 406, formerly § 407], Dec. 21, 2000, 114 Stat. 2762, 2762A–97, renumbered Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–180; Pub. L. 107–228, div. A, title II, § 202(a), (b), Sept. 30, 2002, 116 Stat. 1362; Pub. L. 109–177, title VI, § 605(e)(2)(A), Mar. 9, 2006, 120 Stat. 255; Pub. L. 114–323, title IV, § 408(a), Dec. 16, 2016, 130 Stat. 1930.)
§ 2710. Expenses relating to participation in arbitrations of certain disputes
(a) International agreements

The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations and other proceedings for the peaceful resolution of disputes under treaties or other international agreements.

(b) Contracts abroad

The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations arising under contracts authorized by law for the performance of services or acquisition of property, real or personal, abroad.

(c) Procurement of services

The Secretary of State may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a proceeding before an international tribunal or a claim by or against a foreign government or other foreign entity, whether or not the expert is expected to testify, or to procure personal and other support services for such proceedings or claims. The Secretary need not provide any written justification for the use of procedures other than competitive procedures when procuring such services under this subsection and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or synopsis with respect to such procurement.

(d) International Litigation Fund
(1) Establishment

In order to provide the Department of State with a dependable, flexible, and adequate source of funding for the expenses of the Department related to preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, there is established an International Litigation Fund (hereafter in this subsection referred to as the “ILF”). The ILF may be available without fiscal year limitation. Funds otherwise available to the Department for the purposes of this paragraph may be credited to the ILF.

(2) Reprogramming procedures

Funds credited to the ILF shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. This paragraph shall not apply to the transfer of funds under paragraph (3).

(3) Transfers of funds

Funds received by the Department of State from another agency of the United States Government or pursuant to the Department of State Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, shall be credited to the ILF.

(4) Use of funds

Funds deposited in the ILF shall be available only for the purposes of paragraph (1).

(e) Retention of funds
(1) In general

To reimburse the expenses of the United States Government in preparing or prosecuting a proceeding before an international tribunal, or a claim against a foreign government or other foreign entity, the Secretary may retain 1.5 percent of any amount between $100,000 and $5,000,000, and one percent of any amount over $5,000,000, received per claim under section 2668a of this title.

(2) Treatment

Amounts retained under the authority of paragraph (1) shall be deposited into the fund under subsection (d).

(Aug. 1, 1956, ch. 841, title I, § 38, as added Pub. L. 99–93, title I, § 128, Aug. 16, 1985, 99 Stat. 419; amended Pub. L. 103–236, title I, § 123, Apr. 30, 1994, 108 Stat. 392; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2212(b), Oct. 21, 1998, 112 Stat. 2681–812; Pub. L. 107–228, div. A, title II, § 203, Sept. 30, 2002, 116 Stat. 1362.)
§ 2711. Counterterrorism Protection Fund
(a) Authority

The Secretary of State may reimburse domestic and foreign persons, agencies, or governments for the protection of judges or other persons who provide assistance or information relating to terrorist incidents primarily outside the territorial jurisdiction of the United States. Before making a payment under this section in a matter over which there is Federal criminal jurisdiction, the Secretary shall advise and consult with the Attorney General.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary of State for “Administration of Foreign Affairs” $1,000,000 for fiscal year 1986 and $1,000,000 for fiscal year 1987 for use in reimbursing persons, agencies, or governments under this section.

(c) Designation of Fund

Amounts made available under this section may be referred to as the “Counterterrorism Protection Fund”.

(Aug. 1, 1956, ch. 841, title I, § 39, as added Pub. L. 99–399, title V, § 504(2), Aug. 27, 1986, 100 Stat. 871.)
§ 2712. Authority to control certain terrorism-related services
(a) Authority

The Secretary of State may, by regulation, impose controls on the provision of the services described in subsection (b) if the Secretary determines that provision of such services would aid and abet international terrorism.

(b) Services subject to control
The services subject to control under subsection (a) are the following:
(1) Serving in or with the security forces of a designated foreign government.
(2) Providing training or other technical services having a direct military, law enforcement, or intelligence application, to or for the security forces of a designated foreign government.
Any regulations issued to impose controls on services described in paragraph (2) shall list the specific types of training and other services subject to the controls.
(c) Persons subject of controls

These services may be controlled under subsection (a) when they are provided within the United States by any individual or entity and when they are provided anywhere in the world by a United States person.

(d) Licenses

In carrying out subsection (a), the Secretary of State may require licenses, which may be revoked, suspended, or amended, without prior notice, whenever such action is deemed to be advisable.

(e) Definitions
(1) Designated foreign government

As used in this section, the term “designated foreign government” means a foreign government that the Secretary of State has determined, for purposes of section 4605(j)(1) 1

1 See References in Text note below.
of title 50, has repeatedly provided support for acts of international terrorism.

(2) Security forces

As used in this section, the term “security forces” means any military or paramilitary forces, any police or other law enforcement agency (including any police or other law enforcement agency at the regional or local level), and any intelligence agency of a foreign government.

(3) United States

As used in this section, the term “United States” includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

(4) United States person

As used in this section, the term “United States person” means any United States national, any permanent resident alien, and any sole proprietorship, partnership, company, association, or corporation organized under the laws of or having its principal place of business within the United States.

(f) Violations
(1) Penalties

Whoever willfully violates any regulation issued under this section shall be fined not more than $100,000 or five times the total compensation received for the conduct which constitutes the violation, whichever is greater, or imprisoned for not more than ten years, or both, for each such offense.

(2) Investigations

The Attorney General and the Secretary of the Treasury shall have authority to investigate violations of regulations issued under this section.

(g) Congressional oversight
(1) Review of regulations

Not less than 30 days before issuing any regulations under this section (including any amendments thereto), the Secretary of State shall transmit the proposed regulations to the Congress.

(2) Reports

Not less than once every six months, the Secretary of State shall report to the Congress concerning the number and character of licenses granted and denied during the previous reporting period, and such other information as the Secretary may find to be relevant to the accomplishment of the objectives of this section.

(h) Relationship to other laws

The authority granted by this section is in addition to the authorities granted by any other provision of law.

(Aug. 1, 1956, ch. 841, title I, § 40, as added Pub. L. 99–399, title V, § 506(2), Aug. 27, 1986, 100 Stat. 871.)
§ 2713. Protection of historic and artistic furnishings of reception areas of the Harry S Truman Federal Building
(a) In general

The Secretary of State shall administer the historic and artistic articles of furniture, fixtures, and decorative objects of the reception areas of the Department of State by such means and measures as conform to the purposes of the reception areas, which include conserving those articles, fixtures, and objects and providing for their enjoyment in such manner and by such means as will leave them for the use of the American people. Nothing shall be done under this subsection which conflicts with the administration of the Department of State or with the use of the reception areas for official purposes of the United States Government.

(b) Disposition of historic and artistic items
(1) Items covered

Articles of furniture, fixtures, and decorative objects of the reception areas (and similar articles, fixtures, and objects acquired by the Secretary of State), when declared by the Secretary of State to be of historic or artistic interest, shall thereafter be considered to be the property of the Secretary in his or her official capacity and shall be subject to disposition solely in accordance with this subsection.

(2) Sale or trade
Whenever the Secretary of State determines that—
(A) any item covered by paragraph (1) is no longer needed for use or display in the reception areas, or
(B) in order to upgrade the reception areas, a better use of that article would be its sale or exchange,
the Secretary may, with the advice and concurrence of the Director of the National Gallery of Art, sell the item at fair market value or trade it, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. The proceeds of any such sale may be credited to the unconditional gift account of the Department of State, and items obtained in trade shall be the property of the Secretary of State under this subsection.
(3) Smithsonian Institution

The Secretary of State may also lend items covered by paragraph (1), when not needed for use or display in the reception areas, to the Smithsonian Institution or a similar institution for care, repair, study, storage, or exhibition.

(c) “Reception areas” defined

For purposes of this section, the term “reception areas” means the areas of the Harry S Truman Federal Building, located at 2201 C Street, Northwest, Washington, District of Columbia, known as the Diplomatic Reception Rooms (eighth floor), the Secretary of State’s offices (seventh floor), the Deputy Secretary of State’s offices (seventh floor), and the seventh floor reception area.

(Aug. 1, 1956, ch. 841, title I, § 41, as added Pub. L. 100–204, title I, § 126(a)(2), Dec. 22, 1987, 101 Stat. 1341; amended Pub. L. 106–218, § 2, June 20, 2000, 114 Stat. 345.)
§ 2714. Denial of passports to certain convicted drug traffickers
(a) Ineligibility for passport
(1) In general

A passport may not be issued to an individual who is convicted of an offense described in subsection (b) during the period described in subsection (c) if the individual used a passport or otherwise crossed an international border in committing the offense.

(2) Passport revocation

The Secretary of State shall revoke a passport previously issued to an individual who is ineligible to receive a passport under paragraph (1).

(b) Drug law offenses
(1) Felonies

Subsection (a) applies with respect to any individual convicted of a Federal drug offense, or a State drug offense, if the offense is a felony.

(2) Certain misdemeanors

Subsection (a) also applies with respect to an individual convicted of a Federal drug offense, or a State drug offense, if the offense is 1

1 So in original. Probably should be followed by “a”.
misdemeanor, but only if the Secretary of State determines that subsection (a) should apply with respect to that individual on account of that offense. This paragraph does not apply to an individual’s first conviction for a misdemeanor which involves only possession of a controlled substance.

(c) Period of ineligibilitySubsection (a) applies during the period that the individual—
(1) is imprisoned, or is legally required to be imprisoned, as the result of the conviction for the offense described in subsection (b); or
(2) is on parole or other supervised release after having been imprisoned as the result of that conviction.
(d) Emergency and humanitarian exceptions

Notwithstanding subsection (a), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual with respect to whom that subsection applies.

(e) DefinitionsAs used in this section—
(1) the term “controlled substance” has the same meaning as is provided in section 102 of the Controlled Substances Act (21 U.S.C. 802);
(2) the term “Federal drug offense” means a violation of—
(A) the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);
(B) any other Federal law involving controlled substances; or
(C) subchapter II of chapter 53 of title 31 (commonly referred to as the “Bank Secrecy Act”), or section 1956 or section 1957 of title 18 (commonly referred to as the “Money Laundering Act”), if the Secretary of State determines that the violation is related to illicit production of or trafficking in a controlled substance;
(3) the term “felony” means a criminal offense punishable by death or imprisonment for more than one year;
(4) the term “imprisoned” means an individual is confined in or otherwise restricted to a jail-type institution, a half-way house, a treatment facility, or another institution, on a full or part-time basis, pursuant to the sentence imposed as the result of a conviction;
(5) the term “misdemeanor” means a criminal offense other than a felony;
(6) the term “State drug offense” means a violation of State law involving the manufacture, distribution, or possession of a controlled substance; and
(7) the term “State law” means the law of a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
(Aug. 1, 1956, ch. 841, title I, § 42, as added Pub. L. 100–690, title IV, § 4603(2), Nov. 18, 1988, 102 Stat. 4287.)
§ 2714a. Revocation or denial of passport in case of certain unpaid taxes
(a) to (d) Omitted
(e) Authority to deny or revoke passport
(1) Denial
(A) In general

Except as provided under subparagraph (B), upon receiving a certification described in section 7345 of title 26 from the Secretary of the Treasury, the Secretary of State shall not issue a passport to any individual who has a seriously delinquent tax debt described in such section.

(B) Emergency and humanitarian situations

Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in such subparagraph.

(2) Revocation
(A) In general

The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A).

(B) Limitation for return to United States
If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may—
(i) limit a previously issued passport only for return travel to the United States; or
(ii) issue a limited passport that only permits return travel to the United States.
(3) Hold harmless

The Secretary of the Treasury, the Secretary of State, and any of their designees shall not be liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under section 7345 of title 26.

(f) Revocation or denial of passport in case of individual without social security account number
(1) Denial
(A) In general
Except as provided under subparagraph (B), upon receiving an application for a passport from an individual that either—
(i) does not include the social security account number issued to that individual, or
(ii) includes an incorrect or invalid social security number willfully, intentionally, negligently, or recklessly provided by such individual,
the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations

Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A).

(2) Revocation
(A) In general

The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A).

(B) Limitation for return to United States
If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may—
(i) limit a previously issued passport only for return travel to the United States; or
(ii) issue a limited passport that only permits return travel to the United States.
(g) Removal of certification from record when debt ceases to be seriously delinquent

If pursuant to subsection (c) or (e) of section 7345 of title 26 the Secretary of State receives from the Secretary of the Treasury a notice that an individual ceases to have a seriously delinquent tax debt, the Secretary of State shall remove from the individual’s record the certification with respect to such debt.

(h) Omitted
(i) Effective date

The provisions of, and amendments made by, this section shall take effect on December 4, 2015.

(Pub. L. 114–94, div. C, title XXXII, § 32101, Dec. 4, 2015, 129 Stat. 1729.)
§ 2715. Procedures regarding major disasters and incidents abroad affecting United States citizens
(a) Authority

In the case of a major disaster or incident abroad which affects the health and safety of citizens of the United States residing or traveling abroad, the Secretary of State shall provide prompt and thorough notification of all appropriate information concerning such disaster or incident and its effect on United States citizens to the next-of-kin of such individuals. Notification shall be provided through the most expeditious means available, including telephone communications, and shall include timely written notice. The Secretary, through the appropriate offices of the Department of State, shall act as a clearinghouse for up-to-date information for the next-of-kin and shall provide other services and assistance. Assistance shall include liaison with foreign governments and persons and with United States air carriers concerning arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as disposition of personal estates pursuant to section 2715c of this title.

(b) Definitions

For purposes of this section and sections 2715b and 2715c of this title, the term “consular officer” includes any United States citizen employee of the Department of State who is designated by the Secretary of State to perform consular services pursuant to such regulations as the Secretary may prescribe.

(Aug. 1, 1956, ch. 841, title I, § 43, as added Pub. L. 101–246, title I, § 115(c)(2), Feb. 16, 1990, 104 Stat. 23; amended Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 235], Nov. 29, 1999, 113 Stat. 1536, 1501A–429.)
§ 2715a. Provision of information on certain violent crimes abroad to victims and victims’ families
(a) Sense of CongressIt is the sense of Congress that—
(1) it is in the national interests of the United States to provide information regarding the killing, abduction, torture, or other serious mistreatment of United States citizens abroad to the victims of such crimes, or the families of victims of such crimes if they are United States citizens; and
(2) the provision of such information is sufficiently important that the discharge of the responsibility for identifying and disseminating such information should be vested in a cabinet-level officer of the United States Government.
(b) ResponsibilityThe Secretary of State shall take appropriate actions to ensure that the United States Government takes all appropriate actions to—
(1) identify promptly information (including classified information) in the possession of the departments and agencies of the United States Government regarding the killing, abduction, torture, or other serious mistreatment of United States citizens abroad; and
(2) subject to subsection (c), promptly make such information available to—
(A) the victims of such crimes; or
(B) when appropriate, the family members of the victims of such crimes if such family members are United States citizens.
(c) Limitations

The Secretary shall work with the heads of appropriate departments and agencies of the United States Government in order to ensure that information relevant to a crime covered by subsection (b) is promptly reviewed and, to the maximum extent practicable, without jeopardizing sensitive sources and methods or other vital national security interests, or without jeopardizing an on-going criminal investigation or proceeding, made available under that subsection unless such disclosure is specifically prohibited by law.

(Pub. L. 105–107, title III, § 307, Nov. 20, 1997, 111 Stat. 2252.)
§ 2715b. Notification of next of kin; reports of death
(a) In general

Whenever a United States citizen or national dies abroad, a consular officer shall endeavor to notify, or assist the Secretary of State in notifying, the next of kin or legal guardian as soon as possible, except that, in the case of death of any Peace Corps volunteer (within the meaning of section 2504(a) of this title), any member of the Armed Forces, any dependent of such a volunteer or member, or any Department of Defense employee, the consular officer shall assist the Peace Corps or the appropriate military authorities, as the case may be, in making such notifications.

(b) Reports of death or presumptive death
The consular officer may, for any United States citizen who dies abroad—
(1) in the case of a finding of death by the appropriate local authorities, issue a report of death or of presumptive death; or
(2) in the absence of a finding of death by the appropriate local authorities, issue a report of presumptive death.
(c) Implementing regulations

The Secretary of State shall prescribe such regulations as may be necessary to carry out this section.

(Aug. 1, 1956, ch. 841, title I, § 43A, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 234(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–426.)
§ 2715c. Conservation and disposition of estates
(a) Conservation of estates abroad
(1) Authority to act as conservator
Whenever a United States citizen or national dies abroad, a consular officer shall act as the provisional conservator of the portion of the decedent’s estate located abroad and, subject to paragraphs (3), (4), and (5), shall—
(A) take possession of the personal effects of the decedent within his jurisdiction;
(B) inventory and appraise the personal effects of the decedent, sign the inventory, and annex thereto a certificate as to the accuracy of the inventory and appraised value of each article;
(C) when appropriate in the exercise of prudent administration, collect the debts due to the decedent in the officer’s jurisdiction and pay from the estate the obligations owed by the decedent;
(D) sell or dispose of, as appropriate, in the exercise of prudent administration, all perishable items of property;
(E) sell, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, such additional items of property as necessary to provide funds sufficient to pay the decedent’s debts and property taxes in the country of death, funeral expenses, and other expenses incident to the disposition of the estate;
(F) upon the expiration of the one-year period beginning on the date of death (or after such additional period as may be required for final settlement of the estate), if no claimant shall have appeared, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, sell or dispose of the residue of the personal estate, except as provided in subparagraph (G), in the same manner as United States Government-owned foreign excess property;
(G) transmit to the custody of the Secretary of State in Washington, D.C. the proceeds of any sales, together with all financial instruments (including bonds, shares of stock, and notes of indebtedness), jewelry, heirlooms, and other articles of obvious sentimental value, to be held in trust for the legal claimant; and
(H) in the event that the decedent’s estate includes an interest in real property located within the jurisdiction of the officer and such interest does not devolve by the applicable laws of intestate succession or otherwise, provide for title to the property to be conveyed to the Government of the United States unless the Secretary declines to accept such conveyance.
(2) Authority to act as administrator

Subject to paragraphs (3) and (4), a consular officer may act as administrator of an estate in exceptional circumstances if expressly authorized to do so by the Secretary of State.

(3) Exceptions

The responsibilities described in paragraphs (1) and (2) may not be performed to the extent that the decedent has left or there is otherwise appointed, in the country where the death occurred or where the decedent was domiciled, a legal representative, partner in trade, or trustee appointed to take care of his personal estate. If the decedent’s legal representative shall appear at any time prior to transmission of the estate to the Secretary and demand the proceeds and effects being held by the consular officer, the officer shall deliver them to the representative after having collected any prescribed fee for the services performed under this section.

(4) Additional requirement
In addition to being subject to the limitations in paragraph (3), the responsibilities described in paragraphs (1) and (2) may not be performed unless—
(A) authorized by treaty provisions or permitted by the laws or authorities of the country wherein the death occurs, or the decedent is domiciled; or
(B) permitted by established usage in that country.
(5) Statutory construction

Nothing in this section supersedes or otherwise affects the authority of any military commander under title 10 with respect to the person or property of any decedent who died while under a military command or jurisdiction or the authority of the Peace Corps with respect to a Peace Corps volunteer or the volunteer’s property.

(b) Disposition of estates by the Secretary of State
(1) Personal estates
(A) In general

After receipt of a personal estate pursuant to subsection (a), the Secretary may seek payment of all outstanding debts to the estate as they become due, may receive any balances due on such estate, may endorse all checks, bills of exchange, promissory notes, and other instruments of indebtedness payable to the estate for the benefit thereof, and may take such other action as is reasonably necessary for the conservation of the estate.

(B) Disposition as surplus United States property

If, upon the expiration of a period of 5 fiscal years beginning on October 1 after a consular officer takes possession of a personal estate under subsection (a), no legal claimant for such estate has appeared, title to the estate shall be conveyed to the United States, the property in the estate shall be under the custody of the Department of State, and the Secretary shall dispose of the estate in the same manner as surplus United States Government-owned property is disposed or by such means as may be appropriate in light of the nature and value of the property involved. The expenses of sales shall be paid from the estate, and any lawful claim received thereafter shall be payable to the extent of the value of the net proceeds of the estate as a refund from the appropriate Treasury appropriations account.

(C) Transfer of proceeds

The net cash estate after disposition as provided in subparagraph (B) shall be transferred to the miscellaneous receipts account of the Treasury of the United States.

(2) Real property
(A) Designation as excess property

In the event that title to real property is conveyed to the Government of the United States pursuant to subsection (a)(1)(H) and is not required by the Department of State, such property shall be considered foreign excess property under title IV of the Federal Property and Administrative Services Act of 1949.1

1 See References in Text note below.

(B) Treatment as gift

In the event that the Department requires such property, the Secretary of State shall treat such property as if it were an unconditional gift accepted on behalf of the Department of State under section 2697 of this title and section 300(a)(3) of this title.

(c) Losses in connection with the conservation of estates
(1) Authority to compensate
The Secretary is authorized to compensate the estate of any United States citizen who has died overseas for property—
(A) the conservation of which has been undertaken under section 2715 of this title or subsection (a) of this section; and
(B) that has been lost, stolen, or destroyed while in the custody of officers or employees of the Department of State.
(2) Liability
(A) Exclusion of personal liability after provision of compensation

Any such compensation shall be in lieu of personal liability of officers or employees of the Department of State.

(B) Liability to the Department

An officer or employee of the Department of State may be liable to the Department of State to the extent of any compensation provided under paragraph (1).

(C) Determinations of liability

The liability of any officer or employee of the Department of State to the Department for any payment made under subsection (a) shall be determined pursuant to the Department’s procedures for determining accountability for United States Government property.

(d) Regulations

The Secretary of State may prescribe such regulations as may be necessary to carry out this section.

(Aug. 1, 1956, ch. 841, title I, § 43B, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 234(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–427.)
§ 2716. Debt collection
(a) Contract authority
(1) Subject to the availability of appropriations, the Secretary of State shall enter into contracts for collection services to recover indebtedness owed by a person, other than a foreign country, to the United States which arises out of activities of the Department of State and is delinquent by more than 90 days.
(2) Each contract entered into under this section shall provide that the person with whom the Secretary enters into such contract shall submit to the Secretary at least once every 180 days a status report on the success of the person in collecting debts. Section 3718 of title 31 shall apply to any such contract to the extent that such section is not inconsistent with this subsection.
(b) Disclosure of delinquent debt to credit reporting agencies

The Secretary of State shall, to the extent otherwise allowed by law, disclose to those credit reporting agencies to which the Secretary reports loan activity information concerning any debt of more than $100 owed by a person, other than a foreign country, to the United States which arises out of activities of the Department of State and is delinquent by more than 31 days.

(Aug. 1, 1956, ch. 841, title I, § 44, as added Pub. L. 101–246, title I, § 117(2), Feb. 16, 1990, 104 Stat. 25.)
§ 2717. Defense trade controls registration fees
For each fiscal year, 100 percent of the registration fees collected by the Office of Defense Trade Controls of the Department of State shall be credited to a Department of State account, to be available without fiscal year limitation. Fees credited to that account shall be available only for payment of expenses incurred for—
(1) contract personnel to assist in the evaluation of defense trade controls license applications, reduction in processing time for license applications, and improved monitoring of compliance with the terms of licenses;
(2) the automation of defense trade controls functions, including compliance and enforcement activities, and the processing of defense trade controls license applications, including the development, procurement, and utilization of computer equipment and related software; and
(3) the enhancement of defense trade export compliance and enforcement activities, including compliance audits of United States and foreign parties, the conduct of administrative proceedings, monitoring of end-uses in cases of direct commercial arms sales or other transfers, and cooperation in proceedings for enforcement of criminal laws related to defense trade export controls.
(Aug. 1, 1956, ch. 841, title I, § 45, as added Pub. L. 101–246, title I, § 118(2), Feb. 16, 1990, 104 Stat. 25; amended Pub. L. 102–138, title I, § 126, Oct. 28, 1991, 105 Stat. 659; Pub. L. 105–261, div. A, title XV, § 1513(b), Oct. 17, 1998, 112 Stat. 2174; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2203, Oct. 21, 1998, 112 Stat. 2681–808.)
§ 2718. Fees received for use of Blair House
(a) Use of fees

Notwithstanding any other provision of law, funds received by the Department of State in connection with use of Blair House (including reimbursements and surcharges for services and goods provided and fees for use of Blair House facilities) may be credited to the appropriate appropriation account of the Department of State which is currently available. Such funds shall be available only for maintenance and other expenses of Blair House.

(b) Compliance with Budget Act

The authority of this section may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.

(Aug. 1, 1956, ch. 841, title I, § 46, as added Pub. L. 101–246, title I, § 119(2), Feb. 16, 1990, 104 Stat. 26; amended Pub. L. 102–138, title I, § 123, Oct. 28, 1991, 105 Stat. 659.)
§ 2719. Grants for training and education in international affairs

The Secretary of State may make grants to postsecondary educational institutions or students for the purpose of increasing the level of knowledge and awareness of and interest in employment with the Foreign Service, consistent with section 3905 of this title. To the extent possible, the Secretary shall give special emphasis to promoting such knowledge and awareness of, and interest in employment with, the Foreign Service among minority students. Any grants awarded shall be made pursuant to regulations to be established by the Secretary of State, which shall provide for a limit on the size of any specific grant and, regarding any grants to individuals, shall ensure that no grant recipient receives an amount of grants from one or more Federal programs which in the aggregate would exceed the cost of his or her education, and shall require satisfactory educational progress by grantees as a condition of eligibility for continued receipt of grant funds.

(Aug. 1, 1956, ch. 841, title I, § 47, as added Pub. L. 101–246, title I, § 150(2), Feb. 16, 1990, 104 Stat. 42.)
§ 2720. Closing of consular and diplomatic posts abroad
(a) Prohibited uses of funds
Except as provided under subsection (d) or in accordance with the procedures under subsections (b) and (c) of this section—
(1) no funds authorized to be appropriated to the Department of State shall be available to pay any expense related to the closing of any United States consular or diplomatic post abroad; and
(2) no funds authorized to be appropriated to the Department of State may be used to pay for any expense related to the Bureau of Administration of the Department of State (or to carrying out any of its functions) if any United States consular or diplomatic post is closed.
(b) Post closing notification

Not less than 45 days before the closing of any United States consular or diplomatic post abroad, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(c) Reprogramming treatment

Amounts made available to pay any expense related to the closing of a consular or diplomatic post abroad shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.

(d) Exceptions
The provisions of this section do not apply with respect to—
(1) any post closed because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or
(2) any post closed because there is a real and present threat to United States diplomatic or consular personnel in the city where the post is located, and a travel advisory warning against travel by United States citizens to that city has been issued by the Department of State.
(e) “Consular or diplomatic post” defined

As used in this section, the term “consular or diplomatic post” does not include a post to which only personnel of agencies other than the Department of State are assigned.

(Aug. 1, 1956, ch. 841, title I, § 48, as added Pub. L. 102–138, title I, § 112(a)(1), Oct. 28, 1991, 105 Stat. 654.)
§ 2721. Impermissible basis for denial of passports

A passport may not be denied issuance, revoked, restricted, or otherwise limited because of any speech, activity, belief, affiliation, or membership, within or outside the United States, which, if held or conducted within the United States, would be protected by the first amendment to the Constitution of the United States.

(Aug. 1, 1956, ch. 841, title I, § 49, as added Pub. L. 102–138, title I, § 113, Oct. 28, 1991, 105 Stat. 655.)
§ 2722. International meetings
(a) Authority to pay expenses

If the United States Government hosts an international meeting or conference in the United States, the Secretary of State is authorized to pay all reasonable expenses of such meeting or conference. Such expenses may include rental of quarters (by contract or otherwise) and personal services.

(b) Retention of reimbursements

To the extent provided in an appropriation Act, transfers of funds or other reimbursements for payments under subsection (a) are authorized to be retained and credited to the appropriate appropriation account of the Department of State which is available.

(Aug. 1, 1956, ch. 841, title I, § 50, as added Pub. L. 102–138, title I, § 119, Oct. 28, 1991, 105 Stat. 658.)
§ 2723. Denial of visas
(a) Report to Congress
(1) Denial of visas

The Secretary shall report, on a timely basis, to the appropriate committees of the Congress each time a consular post denies a visa on the grounds of terrorist activities or foreign policy. Such report shall set forth the name and nationality of each such person and a factual statement of the basis for such denial.

(2) Visa issuance to inadmissible aliens

The Secretary shall, on a semiannual basis, submit to the appropriate committees of the Congress a report describing every instance during the period covered by the report in which a consular post or the Visa Office of the Department of State issued an immigrant or nonimmigrant visa to an alien who is inadmissible to the United States based upon terrorist activity or failed to object to the issuance of an immigrant or nonimmigrant visa to an alien notwithstanding any such ground of inadmissibility. The report shall set forth the name and nationality of the alien, the issuing post, and a brief factual statement of the basis for issuance of the visa or the failure to object. The report may be submitted in classified or unclassified form.

(b) Limitation

Information contained in such report may be classified to the extent necessary and shall protect intelligence sources and methods.

(c) Appropriate committees

For the purposes of this section the term “appropriate committees of the Congress” means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.

(Aug. 1, 1956, ch. 841, title I, § 51, as added Pub. L. 102–138, title I, § 127(a), Oct. 28, 1991, 105 Stat. 660; amended Pub. L. 107–228, div. A, title II, § 231, Sept. 30, 2002, 116 Stat. 1372.)
§ 2724. Fees for commercial services
(a) Authority to charge fee
(1) Subject to paragraph (2), the Secretary of State is authorized to charge a fee to cover the actual or estimated cost of providing any person, firm or organization (other than agencies of the United States Government) with commercial services at posts abroad on matters within the authority of the Department of State.
(2) The authority of this section may be exercised only in countries where the Department of Commerce does not perform commercial services for which it collects fees.
(b) Use of fees

Funds collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of providing commercial services. Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year following the fiscal year in which the funds were deposited.

(Aug. 1, 1956, ch. 841, title I, § 52, as added Pub. L. 103–236, title I, § 136, Apr. 30, 1994, 108 Stat. 396; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2204, Oct. 21, 1998, 112 Stat. 2681–808.)
§ 2725. Fees for use of the George P. Shultz National Foreign Affairs Training Center

The Secretary is authorized to charge a fee for use of the George P. Shultz National Foreign Affairs Training Center of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.

(Aug. 1, 1956, ch. 841, title I, § 53, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2205(b), Oct. 21, 1998, 112 Stat. 2681–809; amended Pub. L. 107–132, § 2(a), Jan. 16, 2002, 115 Stat. 2412.)
§ 2726. Fee for use of diplomatic reception rooms

The Secretary is authorized to charge a fee for use of the diplomatic reception rooms of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.

(Aug. 1, 1956, ch. 841, title I, § 54, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2206, Oct. 21, 1998, 112 Stat. 2681–810.)
§ 2727. Accounting of collections in budget presentation documents

The Secretary shall include in the annual Congressional Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year and the projected expenditures from all collections accounts.

(Aug. 1, 1956, ch. 841, title I, § 55, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2207, Oct. 21, 1998, 112 Stat. 2681–810.)
§ 2728. Crimes committed by diplomats
(a) Annual report concerning diplomatic immunity
(1) Report to Congress

180 days after October 21, 1998, and annually thereafter, the Secretary of State shall prepare and submit to the Congress, a report concerning diplomatic immunity entitled “Report on Cases Involving Diplomatic Immunity”.

(2) Content of report
In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following:
(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.
(C) Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities.
(E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen.
(F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report.
(3) Serious criminal offense defined
For the purposes of this section, the term “serious criminal offense” means—
(A) any felony under Federal, State, or local law;
(B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year;
(C) any crime of violence as defined for purposes of section 16 of title 18; or
(D)
(i) driving under the influence of alcohol or drugs;
(ii) reckless driving; or
(iii) driving while intoxicated.
(b) United States policy concerning reform of diplomatic immunity
It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation—
(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and
(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual.
(c) Notification of diplomatic corps

The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.

(Aug. 1, 1956, ch. 841, title I, § 56, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2217, Oct. 21, 1998, 112 Stat. 2681–815.)
§ 2729. State Department records of overseas deaths of United States citizens from nonnatural causes
(a) Collection of information
The Secretary shall, to the maximum extent practicable, collect, with respect to each foreign country, the following information with respect to each United States citizen who dies in that country from a nonnatural cause on or after September 30, 2002:
(1) The date of death.
(2) The locality where the death occurred (including the state or province and municipality, if available).
(3) The cause of death, including information on the circumstances of the death, and including, if the death resulted from an act of terrorism, a statement disclosing that information.
(4) Such other information as the Secretary shall prescribe.
(b) Database

The Secretary shall establish and maintain a database containing the information collected under subsection (a).

(c) Public availability of information

Beginning three months after September 30, 2002, the Secretary, shall make available, on a country-by-country basis, on the Internet website of the Department’s Bureau of Consular Affairs, the information from the database described in subsection (b) with respect to deaths occurring since September 30, 2002, or occurring during the preceding three calendar years, whichever period is shorter. The information shall be updated at least every six months.

(Aug. 1, 1956, ch. 841, title I, § 57, as added Pub. L. 107–228, div. A, title II, § 204, Sept. 30, 2002, 116 Stat. 1363.)
§ 2730. Prohibition on funding the involuntary return of refugees
(a) Prohibition
(1) In general

Except as provided in paragraph (2), none of the funds made available to the Department of State, or the United States Emergency Refugee and Migration Assistance Fund established in section 2601(c) of this title, may be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

(2) Exception

The prohibition in paragraph (1) does not apply to the return of any person on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate resolution of advice and consent to ratification of the Protocol.

(b) Congressional notification required in all cases

None of the funds made available to the Department of State, or the United States Emergency Refugee and Migration Assistance Fund established in section 2601(c) of this title, may be available to effect the involuntary return by the United States of any person to any country unless the Secretary first notifies the appropriate congressional committees, except that, in the case of an emergency involving a threat to human life, the Secretary shall notify the appropriate congressional committees as soon as practicable.

(c) Statutory construction

Nothing in this section shall be construed as affecting activities of the Department of State that relate to removal proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or extradition.

(d) Definitions
In this section:
(1) Appropriate congressional committees

The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

(2) To effect the involuntary return

The term “to effect the involuntary return” means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person’s will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent.

(Aug. 1, 1956, ch. 841, title I, § 58, as added Pub. L. 107–228, div. A, title II, § 241, Sept. 30, 2002, 116 Stat. 1373.)
§ 2731. Monitoring and combating anti-Semitism
(a) Office to Monitor and Combat anti-Semitism
(1) Establishment of Office

The Secretary shall establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the “Office”).

(2) Head of Office
(A) Special Envoy for Monitoring and Combating anti-Semitism

The head of the Office shall be the Special Envoy for Monitoring and Combating anti-Semitism (in this section referred to as the “Special Envoy”), who shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary.

(B) Nomination of head of Office

If the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph.

(3) Duties

The Special Envoy shall serve as the primary advisor to, and coordinate efforts across, the United States Government relating to monitoring and combating anti-Semitism and anti-Semitic incitement that occur in foreign countries.

(4) Rank and status of ambassador

The Special Envoy shall have the rank of ambassador.

(5) Qualifications

The Special Envoy should be a person of recognized distinction in the field of combating anti-Semitism.

(b) Purpose of Office
Upon establishment, the Office shall assume the primary responsibility for—
(1) monitoring and combating acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries;
(2) coordinating and assisting in the preparation of that portion of the report required by sections 2151n(d)(7) and 2304(b) of this title relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement for inclusion in the annual Country Reports on Human Rights Practices; and
(3) coordinating and assisting in the preparation of that portion of the report required by section 6412(b)(1)(A)(iv) 1
1 See References in Text note below.
of this title relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement for inclusion in the Annual Report on International Religious Freedom.
(c) Consultations

The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this section.

(Aug. 1, 1956, ch. 841, title I, § 59, as added Pub. L. 108–332, § 5, Oct. 16, 2004, 118 Stat. 1284; Pub. L. 116–326, § 3, Jan. 13, 2021, 134 Stat. 5095.)
§ 2732. Public diplomacy responsibilities of the Department of State
(a) Integral component

The Secretary of State shall make public diplomacy an integral component in the planning and execution of United States foreign policy.

(b) Coordination and development of strategyThe Secretary shall make every effort to—
(1) coordinate, subject to the direction of the President, the public diplomacy activities of Federal agencies; and
(2) coordinate with the Broadcasting Board of Governors to—
(A) develop a comprehensive and coherent strategy for the use of public diplomacy resources; and
(B) develop and articulate long-term measurable objectives for United States public diplomacy.
(c) Objectives

The strategy developed pursuant to subsection (b) shall include public diplomacy efforts targeting developed and developing countries and select and general audiences, using appropriate media to properly explain the foreign policy of the United States to the governments and populations of such countries, with the objectives of increasing support for United States policies and providing news and information. The Secretary shall, through the most effective mechanisms, counter misinformation and propaganda concerning the United States. The Secretary shall continue to articulate the importance of freedom, democracy, and human rights as fundamental principles underlying United States foreign policy goals.

(d) Identification of United States foreign assistance

In cooperation with the United States Agency for International Development (USAID) and other public and private assistance organizations and agencies, the Secretary should ensure that information relating to foreign assistance provided by the United States, nongovernmental organizations, and private entities of the United States is disseminated widely, and particularly, to the extent practicable, within countries and regions that receive such assistance. The Secretary should ensure that, to the extent practicable, projects funded by USAID not involving commodities, including projects implemented by private voluntary organizations, are identified as provided by the people of the United States.

(Aug. 1, 1956, ch. 841, title I, § 60, as added Pub. L. 108–458, title VII, § 7109(a), Dec. 17, 2004, 118 Stat. 3792.)
§ 2732a. Avoiding duplication of programs and efforts
The Secretary shall—
(1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and
(2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping.
(Pub. L. 117–81, div. E, title LVI, § 5602, Dec. 27, 2021, 135 Stat. 2377.)
§ 2732b. Improving research and evaluation of public diplomacy
(a) Research and evaluation activitiesThe Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall—
(1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and
(2) make available to Congress the findings of the research and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation
(1) Appointment

Not later than 90 days after December 27, 2021, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the “Director”) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department.

(2) Limitation on appointment

The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department.

(3) ResponsibilitiesThe Director shall—
(A) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to—
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences;
(B) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts’ public affairs sections;
(D) share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices.
(4) Guidance and training

Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department.

(c) Prioritizing research and evaluation
(1) In general

The head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department.

(2) Allocation of resources

Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department.

(3) Sense of Congress

It is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings “Educational and Cultural Exchange Programs” and “Diplomatic Programs” for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices.

(d) Limited exemption relating to the Paperwork Reduction ActChapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(e) Limited exemption relating to the Privacy Act
(1) In general

The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences.

(2) ConditionsAudience research, digital analytics, and impact evaluations under paragraph (1) shall be—
(A) reasonably tailored to meet the purposes of this subsection; and
(B) carried out with due regard for privacy and civil liberties guidance and oversight.
(f) United States Advisory Commission on Public Diplomacy
(1) Subcommittee for research and evaluation

The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media.

(2) Annual report

The Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions.

(Pub. L. 117–81, div. E, title LVI, § 5603, Dec. 27, 2021, 135 Stat. 2377.)
§ 2733. Reemployment of annuitants under the Civil Service Retirement System and Federal Employees’ Retirement System
(a) Authority

The Secretary of State may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.

(b) Procedures

The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.

(c) Annuitants not treated as employees for purposes of retirement benefits

An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5.

(Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441; amended Pub. L. 111–32, title XI, § 1115(c)(2), June 24, 2009, 123 Stat. 1905; Pub. L. 114–323, title IV, § 405(b), Dec. 16, 2016, 130 Stat. 1929.)
§ 2734. Reconstruction and stabilization
(a) Office of the Coordinator for Reconstruction and Stabilization
(1) Establishment

There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization.

(2) Coordinator for Reconstruction and Stabilization

The head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary.

(3) Functions
The functions of the Office of the Coordinator for Reconstruction and Stabilization shall include the following:
(A) Monitoring, in coordination with relevant bureaus and offices of the Department of State and the United States Agency for International Development (USAID), political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the reconstruction and stabilization of a country or region that is at risk of, in, or are 1
1 So in original. Probably should be “is”.
in transition from, conflict or civil strife.
(B) Assessing the various types of reconstruction and stabilization crises that could occur and cataloging and monitoring the non-military resources and capabilities of agencies (as such term is defined in section 1603 of the Reconstruction and Stabilization Civilian Management Act of 2008) that are available to address such crises.
(C) Planning, in conjunction with USAID, to address requirements, such as demobilization, disarmament, rebuilding of civil society, policing, human rights monitoring, and public information, that commonly arise in reconstruction and stabilization crises.
(D) Coordinating with relevant agencies to develop interagency contingency plans and procedures to mobilize and deploy civilian personnel and conduct reconstruction and stabilization operations to address the various types of such crises.
(E) Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 2008.
(F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Civilian Reserve Corps established under subsection (b) or to otherwise participate in or contribute to reconstruction and stabilization activities.
(G) Taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization activities is adequate and is carried out, as appropriate, with other agencies involved with stabilization operations.
(H) Taking steps to ensure that plans for United States reconstruction and stabilization operations are coordinated with and complementary to reconstruction and stabilization activities of other governments and international and nongovernmental organizations, to improve effectiveness and avoid duplication.
(I) Maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment.
(b) Response Readiness Corps
(1) Response Readiness Corps

The Secretary, in consultation with the Administrator of the United States Agency for International Development and the heads of other appropriate agencies of the United States Government, may establish and maintain a Response Readiness Corps (referred to in this section as the “Corps”) to provide assistance in support of reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. The Corps shall be composed of active and standby components consisting of United States Government personnel, including employees of the Department of State, the United States Agency for International Development, and other agencies who are recruited and trained (and employed in the case of the active component) to provide such assistance when deployed to do so by the Secretary to support the purposes of this Act.

(2) Civilian Reserve Corps

The Secretary, in consultation with the Administrator of the United States Agency for International Development, may establish a Civilian Reserve Corps for which purpose the Secretary is authorized to employ and train individuals who have the skills necessary for carrying out reconstruction and stabilization activities, and who have volunteered for that purpose. The Secretary may deploy members of the Civilian Reserve Corps pursuant to a determination by the President under section 2368 of this title.

(3) Mitigation of domestic impact

The establishment and deployment of any Civilian Reserve Corps shall be undertaken in a manner that will avoid substantively impairing the capacity and readiness of any State and local governments from which Civilian Reserve Corps personnel may be drawn.

(c) Existing training and education programs

The Secretary shall ensure that personnel of the Department, and, in coordination with the Administrator of USAID, that personnel of USAID, make use of the relevant existing training and education programs offered within the Government, such as those at the Center for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and After Action Review Program at the National Defense University.

(Aug. 1, 1956, ch. 841, title I, § 62, as added Pub. L. 110–417, [div. A], title XVI, § 1605, Oct. 14, 2008, 122 Stat. 4654.)
§ 2734a. Authorities related to personnel
(a) Extension of certain Foreign Service benefits

The Secretary, or the head of any agency with respect to personnel of that agency, may extend to any individuals assigned, detailed, or deployed to carry out reconstruction and stabilization activities pursuant to section 2734 of this title (as added by section 1605 1

1 See References in Text note below.
of this title), the benefits or privileges set forth in sections 3973, 4024, and 4081 of this title to the same extent and manner that such benefits and privileges are extended to members of the Foreign Service.

(b) Authority regarding details

The Secretary is authorized to accept details or assignments of any personnel, and any employee of a State or local government, on a reimbursable or nonreimbursable basis for the purpose of carrying out this title,1 and the head of any agency is authorized to detail or assign personnel of such agency on a reimbursable or nonreimbursable basis to the Department of State for purposes of section 2734 of this title, as added by section 1605 1 of this title.

(Pub. L. 110–417, [div. A], title XVI, § 1606, Oct. 14, 2008, 122 Stat. 4656.)
§ 2734b. Report on diversity recruitment, employment, retention, and promotion
(a) In general

The Secretary should provide oversight to the employment, retention, and promotion of traditionally underrepresented minority groups.

(b) Additional recruitment and outreach required
The Department should conduct recruitment activities that—
(1) develop and implement effective mechanisms to ensure that the Department is able effectively to recruit and retain highly qualified candidates from a wide diversity of institutions; and
(2) improve and expand recruitment and outreach programs at minority-serving institutions.
(c) Report

Not later than 180 days after December 16, 2016, and quadrennially thereafter, the Secretary shall submit to Congress a comprehensive report that describes the efforts, consistent with existing law, including procedures, effects, and results of the Department since the period covered by the prior such report, to promote equal opportunity and inclusion for all American employees in direct hire and personal service contractors status, particularly employees of the Foreign Service, including equal opportunity for all traditionally underrepresented minority groups.

(Pub. L. 114–323, title IV, § 410, Dec. 16, 2016, 130 Stat. 1931.)
§ 2734c. Employee assignment restrictions
(a) Appeal of assignment restriction

The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion. Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.

(b) Certification
Upon full implementation of a right and process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the appropriate congressional committee 1
1 So in original. Probably should be “committees”.
a report that—
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years.
(c) Notice
The Secretary shall—
(1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
(2) include a reference to such publication in the report required under subsection (b).
(Pub. L. 114–323, title IV, § 414, Dec. 16, 2016, 130 Stat. 1932; Pub. L. 117–81, div. E, title LIII, § 5311(b), Dec. 27, 2021, 135 Stat. 2364.)
§ 2734d. Recruitment and retention of individuals who have lived, worked, or studied in predominantly Muslim countries or communities
(a) Findings

Congress finds that successful engagement, including robust public diplomacy, with predominantly Muslim countries and communities is critical for achieving United States foreign policy objectives.

(b) Sense of Congress

It is the sense of Congress that the Department should recruit more employees that have a personal background in, and thorough understating 1

1 So in original. Probably should be “understanding”.
of, the cultures, languages, and history of the Middle East and wider Muslim world.

(c) Recruitment and retention of certain individuals

The Secretary shall make every effort to recruit and retain individuals that have lived, worked, or studied in predominantly Muslim countries or communities, including individuals who have studied at an Islamic institution of higher learning.

(Pub. L. 114–323, title VII, § 713, Dec. 16, 2016, 130 Stat. 1945.)
§ 2734e. Annual ReportNot later than 90 days after December 27, 2021, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following:
(1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process.
(2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by—
(A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status;
(B) the ethnicity, national origin, and race of the precluded employee;
(C) gender; and
(D) the country of restriction.
(3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted.
(4) The number of restrictions that were appealed and the success rate of such appeals.
(5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees.
(6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results.
(Pub. L. 117–81, div. E, title LIII, § 5311(d), Dec. 27, 2021, 135 Stat. 2364.)
§ 2734f. Strategic staffing plan for the Department of State
(a) In generalNot later than 18 months after December 27, 2021, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after December 27, 2021, which shall include the following:
(1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by—
(A) Foreign Service officer and Foreign Service specialist rank;
(B) civil service job skill code, grade level, and bureau of assignment;
(C) contracted employees, including the equivalent job skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations.
(b) Maintenance

The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis.

(c) Consultation

The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce.

(d) Report

Not later than 120 days December 27, 2021, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220.

(Pub. L. 117–81, div. E, title LIII, § 5313, Dec. 27, 2021, 135 Stat. 2365.)
§ 2735. Foreign relations exchange programs
(a) Authority

The Secretary may establish exchange programs under which officers or employees of the Department of State, including individuals appointed under title 5 and members of the Foreign Service (as defined in section 3903 of this title), may be assigned, for not more than 1 year, to a position with any foreign government or international entity that permits an employee to be assigned to a position with the Department of State.

(b) Salary and benefits
(1) Members of Foreign Service

During a period in which a member of the Foreign Service is participating in an exchange program authorized pursuant to subsection (a), such member shall be entitled to the salary and benefits to which such member would receive but for the assignment under this section.

(2) Non-Foreign Service employees of Department

An employee of the Department of State other than a member of the Foreign Service participating in an exchange program authorized pursuant to subsection (a) shall be treated in all respects as if detailed to an international organization pursuant to section 3343(c) of title 5.

(3) Foreign participants

The salary and benefits of an employee of a foreign government or international entity participating in an exchange program authorized pursuant to subsection (a) shall be paid by such government or entity during the period in which such employee is participating in such program, and shall not be reimbursed by the Department of State.

(c) Non-reciprocal assignment

The Secretary may authorize a non-reciprocal assignment of personnel pursuant to this section, with or without reimbursement from the foreign government or international entity for all or part of the salary and other expenses payable during such assignment, if such is in the interests of the United States.

(d) Rule of construction
Nothing in this section may be construed to authorize the appointment as an officer or employee of the United States of—
(1) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or
(2) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5 or any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States.
(Aug. 1, 1956, ch. 841, title I, § 63, as added Pub. L. 114–323, title VII, § 701(a), Dec. 16, 2016, 130 Stat. 1939.)
§ 2736. Exit interviews for workforce
(a) Retained membersThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department—
(1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department.
(b) Departing members

The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service.

(c) Use of analysis from interviews

The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine to what extent, if any, the diversity of those participating in such interviews impacts the results.

(d) Tracking dataThe Department shall—
(1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs;
(2) annually evaluate such data—
(A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and
(B) to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and
(3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs.
(Pub. L. 117–81, div. E, title LIV, § 5402, Dec. 27, 2021, 135 Stat. 2371.)
§ 2736a. Recruitment and retention
(a) In generalThe Secretary shall—
(1) continue to seek a diverse and talented pool of applicants; and
(2) instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations.
(b) ScopeThe diversity recruitment initiatives described in subsection (a) shall include—
(1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
(2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.
(c) Expand training on anti-harassment and anti-discrimination
(1) In generalThe Secretary shall, through the Foreign Service Institute and other educational and training opportunities—
(A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for—
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis.
(2) Best practices

(Pub. L. 117–81, div. E, title LIV, § 5403, Dec. 27, 2021, 135 Stat. 2372.)
§ 2736b. Leadership engagement and accountability
(a) Reward and recognize efforts to promote diversity and inclusion
(1) In general

The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities.

(2) Outreach events

The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups.

(b) External advisory committees and boards

For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization.

(Pub. L. 117–81, div. E, title LIV, § 5404, Dec. 27, 2021, 135 Stat. 2373.)
§ 2736c. Professional development opportunities and tools
(a) Expand provision of professional development and career advancement opportunities
(1) In generalThe Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as—
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in—
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions
(A) In general

The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department.

(B) RequirementsIn determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall—
(i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;
(iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and
(iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.
(Pub. L. 117–81, div. E, title LIV, § 5405, Dec. 27, 2021, 135 Stat. 2373.)
§ 2736d. Payne fellowship authorization
(a) In general

Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds.

(b) Review of past programs

The Secretary shall review past programs designed to increase minority representation in international affairs positions.

(Pub. L. 117–81, div. E, title LIV, § 5407, Dec. 27, 2021, 135 Stat. 2374.)
§ 2736e. Voluntary participation
(a) In general

Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary.

(b) Privacy protection

Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.

(Pub. L. 117–81, div. E, title LIV, § 5408, Dec. 27, 2021, 135 Stat. 2375.)