1. U.S. Code
  2. title 22
  3. chapter 52
  4. subchapter II
  5. § 3921

Collapse to view only § 3921. Administration by Secretary of State

§ 3921. Administration by Secretary of State
(a) Under the direction of the President, the Secretary of State shall administer and direct the Service and shall coordinate its activities with the needs of the Department of State and other agencies.
(b) The Secretary of State alone among the heads of agencies utilizing the Foreign Service personnel system shall perform the functions expressly vested in the Secretary of State by this chapter.
(Pub. L. 96–465, title I, § 201, Oct. 17, 1980, 94 Stat. 2078.)

CITE AS: 22 USC 3921

§ 3922. Utilization of Foreign Service personnel system by other agencies
(a)
(1) The Broadcasting Board of Governors and the Administrator of the Agency for International Development may utilize the Foreign Service personnel system with respect to their respective agencies in accordance with this chapter.
(2) The Secretary of Agriculture may utilize the Foreign Service personnel system in accordance with this chapter—
(A) with respect to personnel of the Foreign Agricultural Service, and
(B) with respect to other personnel of the Department of Agriculture to the extent the President determines to be necessary in order to enable the Department of Agriculture to carry out functions which require service abroad.
(3) The Secretary of Commerce may utilize the Foreign Service personnel system in accordance with this chapter—
(A) with respect to the personnel performing functions transferred to the Department of Commerce from the Department of State by Reorganization Plan Numbered 3 of 1979, and
(B) with respect to other personnel of the Department of Commerce to the extent the President determines to be necessary in order to enable the Department of Commerce to carry out functions which require service abroad.
(4)
(A) Whenever (and to the extent) the Secretary of State considers it in the best interests of the United States Government, the Secretary of State may authorize the head of any agency or other Government establishment (including any establishment in the legislative or judicial branch) to appoint under section 3943 of this title individuals described in subparagraph (B) as members of the Service and to utilize the Foreign Service personnel system with respect to such individuals under such regulations as the Secretary of State may prescribe.
(B) The individuals referred to in subparagraph (A) are individuals eligible for employment abroad under section 3951(a) of this title.
(b) Subject to section 3921(b) of this title—
(1) the agency heads referred to in subsection (a), and
(2) the head of any other agency (to the extent authority to utilize the Foreign Service personnel system is granted to such agency head under any other chapter),
shall in the case of their respective agencies exercise the functions vested in the Secretary by this chapter.
(Pub. L. 96–465, title I, § 202, Oct. 17, 1980, 94 Stat. 2078; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(1), title XIV, § 1422(b)(4)(A), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 332], Nov. 29, 1999, 113 Stat. 1536, 1501A–439.)

CITE AS: 22 USC 3922

§ 3922a. Representation of minorities and women in Foreign Service
(a) Development of program
(b) Emphasis on mid-levels
(Pub. L. 99–93, title I, § 152, Aug. 16, 1985, 99 Stat. 428; Pub. L. 100–204, title I, § 185(c)(3), Dec. 22, 1987, 101 Stat. 1366.)

CITE AS: 22 USC 3922a

§ 3922b. Public diplomacy training
(a) Statement of policy
The following should be the policy of the United States:
(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent role in the formulation of public diplomacy strategies for the countries and regions to which they are assigned and should be accountable for the operation and success of public diplomacy efforts at their posts.
(3) Initial and subsequent training of Foreign Service officers should be enhanced to include information and training on public diplomacy and the tools and technology of mass communication.
(b) Personnel
(1) Qualifications
In the recruitment, training, and assignment of members of the Foreign Service, the Secretary of State—
(A) should emphasize the importance of public diplomacy and applicable skills and techniques;
(B) should consider the priority recruitment into the Foreign Service, including at middle-level entry, of individuals with expertise and professional experience in public diplomacy, mass communications, or journalism; and
(C) shall give special consideration to individuals with language facility and experience in particular countries and regions.
(2) Languages of special interest
(Pub. L. 108–458, title VII, § 7110, Dec. 17, 2004, 118 Stat. 3793.)

CITE AS: 22 USC 3922b

§ 3922c. Integration of foreign economic policy
(a) In general
The Secretary, in conjunction with the Under Secretary of Economic Growth, Energy, and the Environment, shall establish—
(1) foreign economic policy priorities for each regional bureau, including for individual countries, as appropriate; and
(2) policies and guidance for integrating such foreign economic policy priorities throughout the Department.
(b) Deputy Assistant Secretary
(c) Training
The Secretary shall establish curriculum at the George P. Shultz National Foreign Affairs Training Center to develop the practical foreign economic policy expertise and skill sets of Foreign Service officers, including by making available distance-learning courses in commercial, economic, and business affairs, including in the following:
(1) The global business environment.
(2) The economics of development.
(3) Development and infrastructure finance.
(4) Current trade and investment agreements negotiations.
(5) Implementing existing multilateral and World Trade Organization agreements, and United States trade and investment agreements.
(6) Best practices for customs and export procedures.
(7) Market analysis and global supply chain management.
(Pub. L. 114–323, title IV, § 406, Dec. 16, 2016, 130 Stat. 1929.)

CITE AS: 22 USC 3922c

§ 3923. Compatibility among agencies utilizing Foreign Service personnel system
(a) The Service shall be administered to the extent practicable in a manner that will assure maximum compatibility among the agencies authorized by law to utilize the Foreign Service personnel system. To this end, the other heads of such agencies shall consult regularly with the Secretary of State.
(b) Nothing in this subchapter shall be construed as diminishing the authority of the head of any agency authorized by law to utilize the Foreign Service personnel system.
(Pub. L. 96–465, title I, § 203, Oct. 17, 1980, 94 Stat. 2079.)

CITE AS: 22 USC 3923

§ 3924. Uniform and consolidated administration of Service

The Secretary shall on a continuing basis consider the need for uniformity of personnel policies and procedures and for consolidation (in accordance with section 2695 of this title) of personnel functions among agencies utilizing the Foreign Service personnel system. Where feasible, the Secretary of State shall encourage (in consultation with the other heads of such agencies) the development of uniform policies and procedures and consolidated personnel functions.

(Pub. L. 96–465, title I, § 204, Oct. 17, 1980, 94 Stat. 2079.)

CITE AS: 22 USC 3924

§ 3925. Compatibility between Foreign Service and other Government personnel systems

The Service shall be administered to the extent practicable in conformity with general policies and regulations of the Government. The Secretary shall consult with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget, and the heads of such other agencies as the President shall determine, in order to assure compatibility of the Foreign Service personnel system with other Government personnel systems to the extent practicable.

(Pub. L. 96–465, title I, § 205, Oct. 17, 1980, 94 Stat. 2079.)

CITE AS: 22 USC 3925

§ 3926. Regulations; delegation of functions
(a) The Secretary may prescribe such regulations as the Secretary deems appropriate to carry out functions under this chapter.
(b) The Secretary may delegate functions under this chapter which are vested in the Secretary to any employee of the Department or any member of the Service.
(Pub. L. 96–465, title I, § 206, Oct. 17, 1980, 94 Stat. 2079.)

CITE AS: 22 USC 3926

§ 3927. Chief of mission
(a) Duties
Under the direction of the President, the chief of mission to a foreign country—
(1) shall have full responsibility for the direction, coordination, and supervision of all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander); and
(2) shall keep fully and currently informed with respect to all activities and operations of the Government within that country, and shall insure that all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission.
(b) Duties of agencies with employees in foreign countries
(c) Promotion of United States goods and services
(d) Promotion of United States economic interests
(Pub. L. 96–465, title I, § 207, Oct. 17, 1980, 94 Stat. 2079; Pub. L. 97–241, title I, § 123, Aug. 24, 1982, 96 Stat. 281; Pub. L. 100–204, title I, § 136, Dec. 22, 1987, 101 Stat. 1345; Pub. L. 107–228, div. A, title V, § 505(b), Sept. 30, 2002, 116 Stat. 1393; Pub. L. 116–94, div. J, title VII, § 704, Dec. 20, 2019, 133 Stat. 3070.)

CITE AS: 22 USC 3927

§ 3927a. Review by chief of mission
(a) Review of staff element under chief of mission authority; approval; process
(b) Actions by Secretary of State
(Pub. L. 108–447, div. B, title IV, § 409, Dec. 8, 2004, 118 Stat. 2904; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.)

CITE AS: 22 USC 3927a

§ 3927b. Reporting requirement on chiefs of mission
Not later than 30 days following the end of each calendar quarter, the Secretary shall submit to the appropriate congressional committees—
(1) a list of every chief of mission or United States representative overseas with the rank of Ambassador who, during the prior quarter, was granted approval by the Under Secretary of State for Management to be outside a country of assignment for purposes other than official travel or temporary duty orders; and
(2) the number of days each such chief of mission or United States representative overseas with the rank of Ambassador was outside a country of assignment during the previous quarter for purposes other than official travel or temporary duty orders.
(Pub. L. 118–31, div. F, title LXII, § 6209, Dec. 22, 2023, 137 Stat. 975.)

CITE AS: 22 USC 3927b

§ 3928. Director General of Foreign Service

(Pub. L. 96–465, title I, § 208, Oct. 17, 1980, 94 Stat. 2080; Pub. L. 103–236, title I, § 163, Apr. 30, 1994, 108 Stat. 411.)

CITE AS: 22 USC 3928

§ 3929. Inspector General
(a) Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; inspections, audits, and other functions; removal from office
(1) There shall be an Inspector General of the Department of State and the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, or their knowledge and experience in the conduct of foreign affairs. The Inspector General shall report to and be under the general supervision of the Secretary of State. Neither the Secretary of State nor any other officer of the Department shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. The Inspector General shall periodically (at least every 5 years) inspect and audit the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State, and shall perform such other functions as the Secretary of State may prescribe, except that the Secretary of State shall not assign to the Inspector General any general program operating responsibilities.
(2) The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.
(b) Subject matter of inspections, investigations, and auditsInspections, investigations, and audits conducted by or under the direction of the Inspector General shall include the systematic review and evaluation of the administration of activities and operations of Foreign Service posts and bureaus and other operating units of the Department of State, including an examination of—
(1) whether financial transactions and accounts are properly conducted, maintained, and reported;
(2) whether resources are being used and managed with the maximum degree of efficiency, effectiveness, and economy;
(3) whether the administration of activities and operations meets the requirements of applicable laws and regulations and, specifically, whether such administration is consistent with the requirements of section 3905 of this title;
(4) whether there exist instances of fraud or other serious problems, abuses, or deficiencies, and whether adequate steps for detection, correction, and prevention have been taken; and
(5) whether policy goals and objectives are being effectively achieved and whether the interests of the United States are being accurately and effectively represented.
(c) Policies and procedures governing inspection and audit activities; coordination and cooperation with Comptroller General; report to Attorney General on criminal law violations; provision of information to employees; conduct of investigations
(1) The Inspector General shall develop and implement policies and procedures for the inspection and audit activities carried out under this section. These policies and procedures shall be consistent with the general policies and guidelines of the Government for inspection and audit activities and shall comply with the standards established by the Comptroller General of the United States for audits of Government agencies, organizations, programs, activities, and functions.
(2) In carrying out the duties and responsibilities established under this section, the Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward insuring effective coordination and cooperation.
(3) In carrying out the duties and responsibilities established under this section, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law.
(4) The Inspector General shall develop and provide to employees—
(A) information detailing their rights to counsel; and
(B) guidelines describing in general terms the policies and procedures of the Office of Inspector General with respect to individuals under investigation other than matters exempt from disclosure under other provisions of law.
(5)Investigations.—
(A)Conduct of investigations.—In conducting investigations of potential violations of Federal criminal law or Federal regulations, the Inspector General shall—
(i) abide by professional standards applicable to Federal law enforcement agencies; and
(ii) make every reasonable effort to permit each subject of an investigation an opportunity to provide exculpatory information.
(B)Final reports of investigations.—In order to ensure that final reports of investigations are thorough and accurate, the Inspector General shall—
(i) make every reasonable effort to ensure that any person named in a final report of investigation has been afforded an opportunity to refute any allegation of wrongdoing or assertion with respect to a material fact made regarding that person’s actions;
(ii) include in every final report of investigation any exculpatory information, as well as any inculpatory information, that has been discovered in the course of the investigation.
(6)Required reporting of allegations and investigations and inspector general authority.—
(A)In general.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a “Department entity”) shall submit to the Inspector General a report of any allegation of—
(i) waste, fraud, or abuse in a Department program or operation;
(ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher;
(iii) criminal misconduct on the part of a Department employee; and
(iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority.
(B)Deadline.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than 5 business days after the date on which the head of such Department entity is made aware of such allegation.
(d) Reports by Inspector General and Secretary of State
(1) The Inspector General shall keep the Secretary of State fully and currently informed, by means of the reports required by paragraphs (2) and (3) and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of activities and operations administered or financed by the Department of State.
(2) The Inspector General shall, not later than April 30 of each year, prepare and furnish to the Secretary of State an annual report summarizing the activities of the Inspector General. Such report shall include—
(A) a description of significant problems, abuses, and deficiencies relating to the administration of activities and operations of Foreign Service posts, and bureaus and other operating units of the Department of State, which were disclosed by the Inspector General within the reporting period;
(B) a description of the recommendations for corrective action made by the Inspector General during the reporting period with respect to significant problems, abuses, or deficiencies described pursuant to subparagraph (A);
(C) an identification of each significant recommendation described in previous annual reports on which corrective action has not been completed;
(D) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted;
(E) a listing of each audit report completed by the Inspector General during the reporting period; and
(F) a notification, which may be included, if necessary, in the classified portion of the report, of any instance in a case that was closed during the period covered by the report when the Inspector General decided not to afford an individual the opportunity described in subsection (c)(5)(B)(i) to refute any allegation and the rationale for denying such individual that opportunity.
The Secretary of State shall transmit a copy of such annual report within 30 days after receiving it to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees, together with a report of the Secretary of State containing any comments which the Secretary of State deems appropriate. Within 60 days after transmitting such reports to those committees, the Secretary of State shall make copies of them available to the public upon request and at a reasonable cost.
(3) The Inspector General shall report immediately to the Secretary of State whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of activities and operations of Foreign Service posts or bureaus or other operating units of the Department of State. The Secretary of State shall transmit any such report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees within 7 days after receiving it, together with a report by the Secretary of State containing any comments the Secretary of State deems appropriate.
(4) Nothing in this subsection shall be construed to authorize the public disclosure by any individual of any information which is—
(A) specifically prohibited from disclosure by any other provision of law; or
(B) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.
(e) Applicability of powers and responsibilities under other statutory provisions; assignment of Service employees to Inspector General; participation in formal interviews
(1) The Inspector General shall have the same authority in carrying out the provisions of this section as is granted under section 406 of title 5 to each Inspector General of an establishment (as defined in section 401 of title 5) for carrying out the provisions of chapter 4 of title 5, and the responsibilities of other officers of the Government to the Inspector General shall be the same as the responsibilities of the head of an agency or establishment under section 406(c) and (d) of title 5.
(2) At the request of the Inspector General, employees of the Department and members of the Service may be assigned as employees of the Inspector General. The individuals so assigned and individuals appointed pursuant to paragraph (1) shall be responsible solely to the Inspector General, and the Inspector General or his or her designee shall prepare the performance evaluation reports for such individuals.
(3) The Inspector General shall ensure that only officials from the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the subject of an investigation, other than an intelligence-related or sensitive undercover investigation, or except in those situations when the Inspector General has a reasonable basis to believe that such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual receives prior adequate notice regarding participation by officials of any other agency, including the Department of Justice, in such interviews or meetings.
(f) Reception and investigation of complaints or information; disclosure of identity of informer
(1) The Inspector General may receive and investigate complaints or information from a member of the Service or employee of the Department concerning the possible existence of an activity constituting a violation of laws or regulations, constituting mismanagement, gross waste of funds, or abuse of authority, or constituting a substantial and specific danger to public health or safety.
(2) The Inspector General shall not, after receipt of a complaint or information from a member of the Service or employee of the Department, disclose the identity of such individual without the consent of such individual, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation.
(g) Review of activities and operations of chiefs of mission
(Pub. L. 96–465, title I, § 209, Oct. 17, 1980, 94 Stat. 2080; Pub. L. 99–399, title IV, § 413(a)(6), Aug. 27, 1986, 100 Stat. 868; Pub. L. 99–529, title IV, § 405, Oct. 24, 1986, 100 Stat. 3020; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2208(a), (b), Oct. 21, 1998, 112 Stat. 2681–810; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–443; Pub. L. 114–323, title II, § 203, Dec. 16, 2016, 130 Stat. 1916; Pub. L. 117–286, § 4(b)(42), Dec. 27, 2022, 136 Stat. 4348.)

CITE AS: 22 USC 3929

§ 3929a. Abolishment of Inspector General of Department of State and Foreign Service

Notwithstanding section 3929 of this title, the Inspector General of the Department of State and the Foreign Service is hereby abolished.

(Pub. L. 99–93, title I, § 150(b), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 413(c), Aug. 27, 1986, 100 Stat. 868.)

CITE AS: 22 USC 3929a

§ 3929b. Cooperation with Office of the Inspector General
(a) Administrative discipline
(b) Report
(1) In general
Not later than 180 days after December 27, 2021 and on a quarterly basis thereafter, the Office of the Inspector General of the Department of State and the United States Agency for Global Media shall submit to the appropriate congressional committees and the Secretary of State a report in unclassified form detailing the following:
(A) The number of individuals who have failed to comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General pertaining to a noncriminal matter.
(B) The date on which such requests were initially made.
(C) Any extension of time that was voluntarily granted to such individual by the Office of the Inspector General.
(D) The general subject matters regarding which the Office of the Inspector General has requested of such individuals.
(2) Form
(Pub. L. 117–81, div. E, title LIII, § 5323, Dec. 27, 2021, 135 Stat. 2369.)

CITE AS: 22 USC 3929b

§ 3930. Board of Foreign Service

The President shall establish a Board of the Foreign Service to advise the Secretary of State on matters relating to the Service, including furtherance of the objectives of maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system and compatibility between the Foreign Service personnel system and the other personnel systems of the Government. The Board of the Foreign Service shall be chaired by an individual appointed by the President and shall include one or more representatives of the Department of State, the Broadcasting Board of Governors, the Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of Labor, the Office of Personnel Management, the Office of Management and Budget, the Equal Employment Opportunity Commission, and such other agencies as the President may designate.

(Pub. L. 96–465, title I, § 210, Oct. 17, 1980, 94 Stat. 2082; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 99–93, title I, § 153, Aug. 16, 1985, 99 Stat. 428; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(2), title XIV, § 1422(b)(4)(B), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793.)

CITE AS: 22 USC 3930

§ 3931. Board of Examiners
(a) Establishment; membership; chairman
(b) Review of examinations; report to Secretary of State
The Board of Examiners shall periodically review the examinations prescribed under section 3941(b) of this title in order to determine—
(1) whether any such examination has an adverse impact on the hiring, promotion, or other employment opportunity of members of any race, sex, or ethnic group;
(2) methods of minimizing any such adverse impact;
(3) alternatives to any examinations which have such an adverse impact; and
(4) whether such examinations are valid in relation to job performance.
The Board of Examiners shall annually report its findings under this subsection to the Secretary of State and shall furnish to the Secretary of State its recommendations for improvements in the development, use, and administration of the examinations prescribed under section 3941(b) of this title.
(c) Vacancies
(Pub. L. 96–465, title I, § 211, Oct. 17, 1980, 94 Stat. 2083.)

CITE AS: 22 USC 3931