Collapse to view only § 2734a. Authorities related to personnel

§ 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
(2) Under Secretary for Arms Control and International Security
(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;
(E) submit statements of United States policy and editorial material to the Broadcasting Board of Governors for broadcast consideration; and
(F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for—
(i) the Bureau of Educational and Cultural Affairs;
(ii) the Bureau of Global Public Affairs;
(iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs;
(iv) the Global Engagement Center; and
(v) the public diplomacy functions within the regional and functional bureaus.
(4) Nomination of Under Secretaries
(c) Assistant Secretaries
(1) In general
(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
(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
(4) Assistant Secretary for economic and business matters
(A) In general
(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
(5) Nomination of Assistant Secretaries
(d) Other senior officials
(e) Coordinator for Counterterrorism
(1) In general
(2) Duties
(A) In general
(B) Duties described
(3) Rank and status of Ambassador
(f) HIV/AIDS Response Coordinator
(1) In general
(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
(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
(ii) HIV
(iii) HIV/AIDS
(iv) Relevant executive branch agencies
(g) Bureau of Consular Affairs
(h) Bureau of Population, Refugees, and Migration
(i) Bureau of Cyberspace and Digital Policy
(1) In general
(2) Duties
(A) In general
(B) Duties describedThe principal duties and responsibilities of the head of the Bureau shall, in furtherance of the diplomatic and foreign policy mission of the Department of State, be—
(i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues;
(ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, and cybersecurity efforts (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau);
(iii) to coordinate with relevant Federal agencies and the Office of the National Cyber Director to ensure the diplomatic and foreign policy aspects of the cyber strategy in section 9501 of the Department of State Authorization Act of 2022 [22 U.S.C. 10301] and any other subsequent strategy are implemented in a manner that is fully integrated with the broader strategy;
(iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally;
(v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022;
(vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and international information and communications technology issues;
(vii) to support United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity;
(viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries;
(ix) to promote the building of foreign capacity relating to cyberspace policy priorities;
(x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model;
(xi) to promote an international environment for technology investments and the internet that benefits United States economic and national security interests;
(xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;
(xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats;
(xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022;
(xv) to promote international policies, in coordination with the Department of Commerce, to secure radio frequency spectrum in the best interests of the United States;
(xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet;
(xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues;
(xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices;
(xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and
(xx) to conduct such other matters as the Secretary of State may assign.
(3) QualificationsThe head of the Bureau should be an individual of demonstrated competency in the fields of—
(A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and
(B) international diplomacy.
(4) Organizational placement
(A) Initial placement
(B) Subsequent placementThe head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State—
(i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
(ii) submits a report to such committees that—(I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from—(aa) other relevant Federal entities with a role in international aspects of cyber policy; and(bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to—(AA) the Under Secretary of State for Political Affairs;(BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights;(CC) the Under Secretary of State for Economic Growth, Energy, and the Environment;(DD) the Under Secretary of State for Arms Control and International Security Affairs;(EE) the Under Secretary of State for Management; and(FF) the Under Secretary of State for Public Diplomacy and Public Affairs;(II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and(III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.
(5) Special hiring authoritiesThe Secretary of State may—
(A) appoint up to 25 employees to cyber positions in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, regarding appointments in the competitive service; and
(B) fix the rates of basic pay of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates, provided that the rates for such positions do not exceed the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5.
(6) Coordination
(7) Rule of constructionNothing in this subsection may be construed—
(A) to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1); or
(B) to alter or modify the existing authorities of any other Federal agency or official.
(j) Special appointments
(1) Positions exercising significant authority
(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
(5) Exemption
(6) Effective date
(k) Qualifications of certain officers of the Department of State
(1) Officer having primary responsibility for personnel management
(2) Officer having primary responsibility for diplomatic security
(3) Officer having primary responsibility for international narcotics and law enforcement
(l) Office of Sanctions Coordination
(1) In general
(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
(B) Termination
(m) Extended post-employment restrictions for certain Senate-confirmed officials
(1) DefinitionsIn this subsection:
(A) Country of concernThe term “country of concern” means—
(i) the People’s Republic of China;
(ii) the Russian Federation;
(iii) the Islamic Republic of Iran;
(iv) the Democratic People’s Republic of Korea;
(v) the Republic of Cuba; and
(vi) the Syrian Arab Republic.
(B) Foreign government entityThe term “foreign governmental entity” includes—
(i) any person employed by—(I) any department, agency, or other entity of a foreign government at the national, regional, or local level;(II) any governing party or coalition of a foreign government at the national, regional, or local level; or(III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and
(ii) in the case of a country of concern, any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.
(C) Representation
(2) Secretary of State and Deputy Secretary of State
(3) Under Secretaries, Assistant Secretaries, and AmbassadorsWith respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or as the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18 shall apply to any such person who knowingly represents, aids, or advises—
(A) a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties for 3 years after the termination of such person’s service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer; or
(B) a foreign governmental entity of a country of concern before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s service in a position described in this paragraph.
(4) Penalties and injunctions
(5) Notice of restrictionsAny person subject to the restrictions under this subsection shall be provided notice of these restrictions by the Department of State—
(A) upon appointment by the President; and
(B) upon termination of service with the Department of State.
(6) Effective date
(7) Sunset
(n) Chief Artificial Intelligence Officer
(1) In general
(2) Duties describedThe principal duties and responsibilities of the Chief Artificial Intelligence Officer shall be—
(A) to evaluate, oversee, and, if appropriate, facilitate the responsible adoption of artificial intelligence (AI) and machine learning applications to help inform decisions by policymakers and to support programs and management operations of the Department of State; and
(B) to act as the principal advisor to the Secretary of State on the ethical use of AI and advanced analytics in conducting data-informed diplomacy.
(3) QualificationsThe Chief Artificial Intelligence Officer should be an individual with demonstrated skill and competency in—
(A) the use and application of data analytics, AI, and machine learning; and
(B) transformational leadership and organizational change management, particularly within large, complex organizations.
(4) Partner with the Chief Information Officer on scaling artificial intelligence use cases
(5) Artificial intelligence defined
(o) Special Envoy to the Pacific Islands Forum
(1) Appointment
(2) Considerations
(A) SelectionThe Special Envoy shall be—
(i) a United States Ambassador to a country that is a member of the Pacific Islands Forum; or
(ii) a qualified individual who is not described in clause (i).
(B) LimitationsIf the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador—
(i) may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Islands Forum; and
(ii) shall not receive additional compensation for his or her service as Special Envoy.
(3) DutiesThe Special Envoy shall—
(A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and
(B) carry out such other duties as the President or the Secretary of State may prescribe.
(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; Pub. L. 117–263, div. I, title XCI, § 9107(a), title XCII, § 9215(b), title XCV, § 9502(a), title XCVI, § 9602(a), Dec. 23, 2022, 136 Stat. 3859, 3876, 3898, 3910; Pub. L. 118–31, div. F, title LXIII, § 6303, title LXIV, § 6405(b), Dec. 22, 2023, 137 Stat. 986, 998.)
§§ 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
(b) Appointment
(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
(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
(b) Directive governing the Assistant Secretary of State
(1) In general
(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
(2) Participation of the Assistant Secretary
(A) Primary role
(B) Requirement for designation
(C) National security limitation
(i) Waiver by President
(ii) Waiver by others
(iii) Transmission of waiver to Congress
(3) Relationship to the intelligence community
(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
(c) Training
(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) The United States Government should implement appropriate measures to insure that individuals are trained in the use of science and technology as an instrument in international relations and that officers and employees of the United States Government engaged in formal and informal exchanges of scientific and technical information, personnel, and hardware are knowledgeable in international affairs.
(4) In recognition of the environmental and technological factors that change relations among countries and in recognition of the growing interdependence between the domestic and foreign policies and programs of the United States, United States foreign policy should be continually reviewed by the executive and legislative branches of the Government to insure appropriate and timely application of science and technology to the conduct of United States foreign policy.
(5) Federally supported international science and technology agreements should be negotiated to ensure that—
(A) intellectual property rights are properly protected; and
(B) access to research and development opportunities and facilities, and the flow of scientific and technological information, are, to the maximum extent practicable, equitable and reciprocal.
(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
(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
(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
(e) Grants and cooperative agreements related to science and technology fellowship programs
(1) In general
(2) Exclusion from consideration as compensation
(3) Maximum annual amount
(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; Pub. L. 117–263, div. I, title XCII, § 9203, Dec. 23, 2022, 136 Stat. 3864.)
§ 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
(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
(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
(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
(b) Information on international criminals
(1) Information system
(2) Report
(c) Overseas coordination of counterdrug and anticrime programs, policy, and assistance
(1) Strengthening coordination
(2) Designation of officers
(A) In general
(B) Reports
(3) Report to Congress
(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
(d) Stakeholder inclusion
(e) Form
(f) Implementation
(g) Consultation
(h) Country reports on terrorism
(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
(j) Requirement for independent study to map the global white identity terrorism movement
(1) In general
(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
(B) To Congress
(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
(b) In general
(1) In general
(2) Timing and form of materials
(A) In general
(B) Form of delivery
(C) Special consideration
(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
(b) Certification
(c) Report
(1) In general
(2) Covered periods
(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
(c) Establishment of Office of the Ombudsman for Civil Service Employees
(d) “Civil Service employees” defined
(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
(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
(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
(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
(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
(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;
(m) establish, maintain, and operate passport and dispatch agencies; and
(n) pay expenses to provide internet services in residences owned or leased by the United States Government in foreign countries for the use of Department personnel where Department personnel receive a post hardship differential equivalent to 30 percent or more above basic compensation.
(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; Pub. L. 118–31, div. F, title LXII, § 6225, Dec. 22, 2023, 137 Stat. 980.)
§ 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
(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
(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
(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 section 3304 of title 41 in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or section 1491 of title 28.

(Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.)
§ 2679e. List of certain telecommunications providers
(a) List of covered contractors
(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
(b) Specified committees
(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
(b) Parking
(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
(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
(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
(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
(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
(3) Rule of construction
(i) Other injuries
(1) DefinitionsIn this subsection:
(A) Covered dependent
(B) Covered employee
(C) Covered individual
(D) Qualifying injury
(2) Authority
(3) Limitations
(A) Appropriations required
(B) Matter of payments
(C) Amounts of payments
(4) Regulations
(A) In general
(B) Elements
(5) No effect on other benefits
(j) Expansion of authorities
(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; Pub. L. 117–263, div. I, title XCII, § 9216, Dec. 23, 2022, 136 Stat. 3877.)
§ 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
(b) Charges to fund; credit to appropriations
(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
(b) Funding
(c) Availability
(d) Expenditures from Fund
(e) Reprogramming procedures
(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.)
§ 2684b. Strengthening the Chief Information Officer of the Department of State
(a) In general
The Chief Information Officer of the Department shall be consulted on all decisions to approve or disapprove, significant new unclassified information technology expenditures, including software, of the Department, including expenditures related to information technology acquired, managed, and maintained by other bureaus and offices within the Department, in order to—
(1) encourage the use of enterprise software and information technology solutions where such solutions exist or can be developed in a timeframe and manner consistent with maintaining and enhancing the continuity and improvement of Department operations;
(2) increase the bargaining power of the Department in acquiring information technology solutions across the Department;
(3) reduce the number of redundant Authorities to Operate (ATO), which, instead of using one ATO-approved platform across bureaus, requires multiple ATOs for software use cases across different bureaus;
(4) enhance the efficiency, reduce redundancy, and increase interoperability of the use of information technology across the enterprise of the Department;
(5) enhance training and alignment of information technology personnel with the skills required to maintain systems across the Department;
(6) reduce costs related to the maintenance of, or effectuate the retirement of, legacy systems;
(7) ensure the development and maintenance of security protocols regarding the use of information technology solutions and software across the Department; and
(8) improve end-user training on the operation of information technology solutions and to enhance end-user cybersecurity practices.
(b) Strategy and implementation plan required
(1) In general
(2) Consultation
(c) Improvement plan for the Bureau for Information Resources Management 1
1 So in original. Probably should be “Bureau of Information Resource Management”.
(1) In general
(2) Survey
Not later than one year after December 22, 2023, and annually thereafter for five years, the Chief Information Officer shall undertake a client satisfaction survey of bureau information technology officers to obtain feedback on metrics related to—
(A) customer service orientation of the Bureau of Information Resources Management; 1
(B) quality and timelines of capabilities delivered;
(C) maintenance and upkeep of information technology solutions;
(D) training and support for senior bureau and office-level information technology officers; and
(E) other matters which the Chief Information Officer, in consultation with client bureaus and offices, determines appropriate.
(3) Submission of findings
(d) Significant expenditure defined
(e) Rule of construction
Nothing in this section may be construed—
(1) to alter the authorities of the United States Office of Management and Budget, Office of the National Cyber Director, the Department of Homeland Security, or the Cybersecurity and Infrastructure Security Agency with respect to Federal information systems; or
(2) to alter the responsibilities and authorities of the Chief Information Officer of the Department as described in titles 40 or 44 or any other law defining or assigning responsibilities or authorities to Federal Chief Information Officers.
(Pub. L. 118–31, div. F, title LXIII, § 6304, Dec. 22, 2023, 137 Stat. 987.)
§ 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
(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
(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
(b) Use of funds
(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
(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) Any restriction contained in an appropriation Act or other provision of law limiting the amounts available for the Department of State that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels.
(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
(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
(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
(b) Disposition
(c) Evidences of unconditional gift of intangible personal property
(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
(f) Availability of statutory authorities to Broadcasting Board and Administrator of AID
(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.)
§ 2701a. Education allowance for dependents of Department of State employees located in United States territories
(a) In general
(b) Location describedA location is described in this subsection if—
(1) such location is in a territory of the United States; and
(2) the Secretary of Defense has determined that schools available in such location are unable to adequately provide for the education of—
(A) dependents of members of the Armed Forces; or
(B) dependents of employees of the Department of Defense.
(Pub. L. 118–31, div. F, title LXII, § 6231, Dec. 22, 2023, 137 Stat. 983.)
§ 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,
(b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings
(c) Removal of actions; remand or dismissal; suspension of limitations
(d) Compromise or settlement of claims
(e) Inapplicability of section 2680(h) of title 28
(f) Holding harmless or providing for liability insurance
(g) Medical care or related service within scope of employment
(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
(b) Emergency commissary and mess services
(c) Availability; duplication of facilities and services
(d) Charges
(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.)
§ 2703a. Emergency back-up care
(a) In general
(b) Limitation
(Pub. L. 118–31, div. F, title LXII, § 6223, Dec. 22, 2023, 137 Stat. 979.)
§ 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 o
(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
(c) Waiver
(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 and for expenses of rewards programs 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; Pub. L. 117–328, div. K, title I, par. (6)(F), Dec. 29, 2022, 136 Stat. 4975.)
§ 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
(2) Purpose
(3) Implementation
(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), (10), or (14);
(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—
(A) the statute of such country or tribunal, as the case may be; or
(B) United States law;
(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
(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;
(13) the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference; or
(14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country.
(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
(d) Funding
(1) Authorization of appropriations
(2) Period of availability
(e) Limitations and certification
(1) Maximum amount
(2) Approval
(3) Certification for payment
(4) Nondelegation of authority
(5) Protection measures
(6) Forms of reward payment
(f) Ineligibility
(g) Reports
(1) Reports on payment of rewards
(2) Annual reports
(3) Advance notification for international criminal tribunal rewards
(4) Reports on rewards authorized
(h) Publication regarding rewards offered by foreign governments
(i) Media surveys and advertisements
(1) Surveys conducted
(2) Creation and purchase of advertisements
(j) Determinations of Secretary
(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
(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
(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
(9) United States narcotics laws
(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; Pub. L. 117–263, div. E, title LV, § 5585(a), div. I, title XCI, § 9104, Dec. 23, 2022, 136 Stat. 3374, 3859; Pub. L. 117–273, § 2, Dec. 27, 2022, 136 Stat. 4182.)
§ 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
(c) Award in the event of death
(d) Form of award
(e) Funding
(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
(2) Agreement with Attorney General and Secretary of the Treasury
(3) Firearms regulations
(c) Secret Service not affected
(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
(b) Contracts abroad
(c) Procurement of services
(d) International Litigation Fund
(1) Establishment
(2) Reprogramming procedures
(3) Transfers of funds
(4) Use of funds
(e) Retention of funds
(1) In general
(2) Treatment
(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
(b) Authorization of appropriations
(c) Designation of 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
(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
(d) Licenses
(e) Definitions
(1) Designated foreign government
(2) Security forces
(3) United States
(4) United States person
(f) Violations
(1) Penalties
(2) Investigations
(g) Congressional oversight
(1) Review of regulations
(2) Reports
(h) Relationship to other laws
(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
(b) Disposition of historic and artistic items
(1) Items covered
(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
(c) “Reception areas” defined
(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
(2) Passport revocation
(b) Drug law offenses
(1) Felonies
(2) Certain misdemeanors
(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
(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
(B) Emergency and humanitarian situations
(2) Revocation
(A) In general
(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
(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
(2) Revocation
(A) In general
(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
(h) Omitted
(i) Effective date
(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
(b) Definitions
(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
(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
(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
(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,
§ 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
(3) Exceptions
(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
(b) Disposition of estates by the Secretary of State
(1) Personal estates
(A) In general
(B) Disposition as surplus United States property
(C) Transfer of proceeds
(2) Real property
(A) Designation as excess property
(B) Treatment as gift
(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
(B) Liability to the Department
(C) Determinations of liability
(d) Regulations
(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
(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
(b) Compliance with Budget Act
(Aug. 1, 1956, ch. 841, title I, § 46, as added
§ 2719. Grants for training and education in international affairs
(a) In general
(b) Diplomatic Security fellowship programs
(1) Establishment
(2) Rulemaking
The Secretary is authorized to promulgate regulations for the administration of Diplomatic Security fellowship programs that set forth—
(A) the eligibility requirements for receiving a grant under this subsection;
(B) the process by which eligible applicants may request such a grant;
(C) the maximum amount of such a grant; and
(D) the educational progress to which all grant recipients are obligated.
(Aug. 1, 1956, ch. 841, title I, § 47, as added Pub. L. 101–246, title I, § 150(2), Feb. 16, 1990, 104 Stat. 42; amended Pub. L. 117–263, div. I, title XCII, § 9220(a), Dec. 23, 2022, 136 Stat. 3879; Pub. L. 118–31, div. F, title LXI, § 6117(a), Dec. 22, 2023, 137 Stat. 970.)
§ 2719a. Foreign affairs training
(a) Sense of CongressIt is the sense of Congress that—
(1) Congress has recognized, including in division E of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), that the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; and
(2) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equal, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel.
(b) Defined termIn this section, the term “appropriate committees of Congress” means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(c) Omitted
(d) FellowshipsThe Director General of the Foreign Service shall—
(1) expand and establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including—
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant Federal agencies;
(C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and
(D) schools of international relations and other relevant programs at universities throughout the United States; and
(2) not later than 180 days after December 23, 2022, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including—
(A) an assessment of the current state of congressional fellowships, including the demand for fellowships, support for applicants to pursue and perform such fellowships, and the value the fellowships provide to both the career of the officer and to the Department; and
(B) an assessment of the options for making congressional fellowships for both the Foreign Service and the Civil Service more career-enhancing.
(e) Board of Visitors of the Foreign Service Institute
(1) Establishment
(2) Duties
(3) Membership
(A) QualificationsMembers of the Board shall be appointed from among individuals who—
(i) are not officers or employees of the Federal Government; and
(ii) are eminent authorities in the fields of diplomacy, national security, management, leadership, economics, trade, technology, or advanced international relations education.
(B) Outside expertise
(i) In general
(ii) Prior senior service at the Department
(4) TermsEach member of the Board shall be appointed for a term of 3 years, except that of the members first appointed—
(A) 4 members shall be appointed for a term of 3 years;
(B) 4 members shall be appointed for a term of 2 years; and
(C) 4 members shall be appointed for a term of 1 year.
(5) Chairperson; Vice Chairperson
(A) Approval
(B) Service
(6) MeetingsThe Board shall meet—
(A) at the call of the Director of the Foreign Service Institute and the Chairperson; and
(B) not fewer than 2 times per year.
(7) Compensation
(8) Applicability of Federal Advisory Committee Act
(f) Establishment of Provost of the Foreign Service Institute
(1) Establishment
(2) Appointment; reportingThe Provost shall—
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service Institute.
(3) QualificationsThe Provost, who should be a member of the Senior Executive Service, shall have—
(A) experience in the field of diplomacy, national security, education, management, leadership, economics, history, trade, adult education, or technology; and
(B) significant experience outside the Department, whether in other national security agencies or in the private sector, and preferably in positions of authority in educational institutions or the field of professional development and mid-career training with oversight for the evaluation of academic programs.
(4) DutiesThe Provost shall—
(A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; and
(B) coordinate the development of an evaluation system to ascertain the utility of the information and skills imparted by each such course, such that, to the extent practicable, performance assessments can be included in the personnel records maintained by the Bureau of Global Talent Management and utilized in Foreign Service Selection Boards.
(5) Compensation
(g) Other Agency responsibilities and opportunities for congressional staff
(1) Other agencies
(2) Congressional staffNot later than 180 days after December 23, 2022, the Secretary shall submit a report to the appropriate committees of Congress that describes—
(A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities available to congressional staff;
(B) the budget impacts of offering such opportunities to congressional staff; and
(C) potential course offerings.
(h) Strategy for adapting training requirements for modern diplomatic needs
(1) In general
(2) ElementsThe strategy required under paragraph (1) shall include the following elements:
(A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines.
(B) Addressing multiple existing and emerging national security challenges, including—
(i) democratic backsliding and authoritarianism;
(ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of Russia, Cuba, Iran, North Korea, the Maduro Regime, and the Chinese Communist Party’s multi-faceted and comprehensive challenge to the rules-based order;
(v) the implications of climate change for United States diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages and disadvantages of establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for other long-term training opportunities.
(D) An examination of the likely advantages and disadvantages of establishing a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include—
(i) the historic and current issues facing press freedom, including countries of specific concern;
(ii) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative;
(iii) ways to incorporate press freedom promotion into other aspects of diplomacy; and
(iv) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.
(E) The expansion of external courses offered by the Foreign Service Institute at academic institutions or professional associations on specific topics, including in-person and virtual courses on monitoring and evaluation, audience analysis, and the use of emerging technologies in diplomacy.
(3) Utilization of existing resourcesIn examining the advantages and disadvantages of establishing a residential training program pursuant to paragraph (2)(C), the Secretary shall—
(A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and
(B) consider using the Department’s Foreign Affairs Security Training Center in Blackstone, Virginia.
(i) Report and briefing requirements
(1) ReportNot later than 1 year after December 23, 2022, the Secretary shall submit a report to the appropriate committees of Congress that includes—
(A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy;
(B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and
(C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results.
(2) Briefing
(j) Foreign language maintenance incentive program
(1) Authorization
(2) Report
(Pub. L. 117–263, div. I, title XCII, § 9205, Dec. 23, 2022, 136 Stat. 3865.)
§ 2719b. Training and professional development prioritizationIn order to provide the Civil Service and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary of State shall—
(1) increase relevant offerings provided by the Department of State—
(A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or
(B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department of State personnel by providing such personnel—
(i) a more comprehensive outlook on different sectors of United States society;
(ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; and
(iii) courses specifically focused on commercial diplomacy that increase the understanding of private sector needs that arise as United States companies enter and compete in the international market;
(2) provide the opportunity to participate in courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department of State, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department of State or other government organizations and the private sector;
(3) increase the duration and expand the focus of certain training and professional development courses, including by extending—
(A) the A–100 entry-level course to as long as 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and
(B) the Chief of Mission course to as long as 6 weeks for first time Chiefs of Mission and creating comparable courses for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles; and
(4) ensure that Foreign Service officers who are assigned to a country experiencing significant population displacement due to the impacts of climatic and non-climatic shocks and stresses, including rising sea levels and lack of access to affordable and reliable energy and electricity, receive specific instruction on United States policy with respect to resiliency and adaptation to such climatic and non-climatic shocks and stresses.
(Pub. L. 117–81, div. E, title LI, § 5108(c), Dec. 27, 2021, 135 Stat. 2349; Pub. L. 117–263, div. I, title XCII, § 9205(c), Dec. 23, 2022, 136 Stat. 3865.)
§ 2719c. Facilitation and encouragement of training and professional development for Foreign Service and Civil Service personnel
(a) Sense of Congress
(b) Study and report
(1) In general
(2) Elements
(3) Report
(c) Training and development in promotion precepts and evaluation criteria
(1) Foreign Service
(2) Civil Service
(d) Response to subordinate training and development needs in evaluation of supervisor performance
(1) Foreign Service
(2) Civil Service
(Pub. L. 117–263, div. I, title XCII, § 9206, Dec. 23, 2022, 136 Stat. 3871.)
§ 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
(c) Reprogramming treatment
(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
(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
(b) Retention of reimbursements
(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
(2) Visa issuance to inadmissible aliens
(b) Limitation
(c) Appropriate committees
(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
(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
(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
(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
(c) Public availability of information
(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
(2) Exception
(b) Congressional notification required in all cases
(c) Statutory construction
(d) Definitions
In this section:
(1) Appropriate congressional committees
(2) To effect the involuntary return
(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
(2) Head of Office
(A) Special Envoy for Monitoring and Combating anti-Semitism
(B) Nomination of head of Office
(3) Duties
(4) Rank and status of ambassador
(5) Qualifications
(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
(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
(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
(d) Identification of United States foreign assistance
(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
(2) Limitation on appointment
(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
(c) Prioritizing research and evaluation
(1) In general
(2) Allocation of resources
(3) Sense of Congress
(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
(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
(2) Annual report
(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
(b) Procedures
(c) Annuitants not treated as employees for purposes of retirement benefits
(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
(2) Coordinator for Reconstruction and Stabilization
(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
(2) Civilian Reserve Corps
(3) Mitigation of domestic impact
(c) Existing training and education programs
(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
(b) Authority regarding details
(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
(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
(Pub. L. 114–323, title IV, § 410, Dec. 16, 2016, 130 Stat. 1931.)
§ 2734c. Employee assignment restrictions
(a) Appeal of assignment restriction
(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; Pub. L. 118–31, div. F, title LXI, § 6115(f), Dec. 22, 2023, 137 Stat. 970.)
§ 2734d. Recruitment and retention of individuals who have lived, worked, or studied in predominantly Muslim countries or communities
(a) Findings
(b) Sense of Congress
(c) Recruitment and retention of certain individuals
(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
(c) Consultation
(d) Report
(Pub. L. 117–81, div. E, title LIII, § 5313, Dec. 27, 2021, 135 Stat. 2365.)
§ 2734g. Promoting transparency and accountability in the Department of State workforce
(a) In general
(b) Report
(c) Availability
The Secretary shall—
(1) use transparent, competitive, inclusive, and merit-based processes for appointments and details to the staff positions specified in subsection (a); and
(2) ensure that such positions are equally available to all employees of the Civil Service and the Foreign Service of the Department.
(Pub. L. 117–263, div. I, title XCIV, § 9404, Dec. 23, 2022, 136 Stat. 3896.)
§ 2734h. Increased accountability in assignment restrictions and reviews
(a) Sense of Congress
It is the sense of Congress that—
(1) the use of policies to restrict personnel from serving in certain assignments may undermine the Department’s ability to deploy relevant cultural and linguistic skills at diplomatic posts abroad if not applied judiciously; and
(2) the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department.
(b) Notification of status
Beginning not later than 90 days after December 22, 2023, the Secretary shall—
(1) provide a status update for all Department personnel who, prior to December 22, 2023, were subject to a prior assignment restriction, assignment review, or preclusion for whom a review or decision related to assignment is pending; and
(2) on an ongoing basis, provide a status update for any Department personnel who has been the subject of a pending assignment restriction or pending assignment review for more than 30 days.
(c) Notification span
The notification required under subsection (b) shall inform relevant personnel, as of the date of the notification—
(1) whether any prior assignment restriction has been lifted;
(2) if their assignment status is subject to ongoing review, and an estimated date for completion; and
(3) if they are subject to any other restrictions on their ability to serve at posts abroad.
(d) Adjudication of ongoing assignment reviews
(1) Time limit
(2) Appeals
(3) Entry-level bidding process
(4) Points of contact
(e) Security appeal panel
Not later than 90 days after December 22, 2023, the Security Appeal Panel shall be comprised of—
(1) the head of an office responsible for human resources or discrimination who reports directly to the Secretary;
(2) the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management;
(3) the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research;
(4) an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management;
(5) a representative from the geographic bureau to which the restriction applies; and
(6) a representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors.
(f) Omitted
(g) FAM update
(Pub. L. 118–31, div. F, title LXI, § 6115, Dec. 22, 2023, 137 Stat. 969.)
§ 2735. Foreign relations exchange programs
(a) Authority
(b) Salary and benefits
(1) Members of Foreign Service
(2) Non-Foreign Service employees of Department
(3) Foreign participants
(c) Non-reciprocal assignment
(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.)
§ 2735a. Presidential Envoy for the Abraham Accords, Negev Forum, and Related Integration and Normalization Fora and Agreements
(a) Office
(b) Leadership
(1)The Regional Integration Office shall be headed by the Special Presidential Envoy for the Abraham Accords, Negev Forum, and Related Normalization Agreements, who shall—
(A) be appointed by the President, by and with the advice and consent of the Senate; and
(B) report directly to the Secretary of State.
(c) Rank and status of ambassador
(d) DutiesThe Special Envoy shall—
(1) lead diplomatic engagement—
(A) to strengthen and expand the Negev Forum, the Abraham Accords, and related normalization agreements with Israel, including promoting initiatives that benefit the people of key partners in regional integration or other regional actors in order to encourage such expansion; and
(B) to support the work of regional integration;
(2) implement the policy of the United States to expand normalization and support greater regional integration—
(A) within the Middle East and North Africa; and
(B) between the Middle East and North Africa and other key regions, including sub-Saharan Africa, the Indo-Pacific region, and beyond;
(3) work to deliver tangible economic and security benefits for the citizens of Abraham Accords countries, Negev Forum countries, and countries that are members of other related normalization agreements;
(4) serve as the ministerial liaison for the United States to the Negev Forum and other emerging normalization and integration fora, as necessary, and provide senior representation at events, steering committee meetings, and other relevant diplomatic engagements relating to the Negev Forum or other regional integration bodies;
(5) coordinate all cross-agency engagements and strategies in support of normalization efforts with other relevant officials and agencies;
(6) ensure that the appropriate congressional committees are regularly informed about the work of the Regional Integration Office;
(7) initiate and advance negotiations on a framework for an economic and security partnership with the Negev Forum countries, other key partners in regional integration, and other regional actors;
(8) oppose efforts to delegitimize Israel and legal barriers to normalization with Israel;
(9) initiate negotiations with Abraham Accords countries and Negev Forum countries, observers, and key partners in regional integration on an economic framework that includes—
(A) improving supply chain security and resiliency;
(B) aligning common regulatory and financial standards;
(C) attracting foreign investment;
(D) diversification of energy resources, including renewable sources of energy, and the development and deployment of emerging and advanced technologies that promote energy security; and
(E) digital economy, cybersecurity, and cross-border data flow;
(10) lead interagency efforts to reach an international agreement on the comprehensive economic framework described in paragraph (9);
(11) endeavor to embed already established standards on countering money laundering and terrorist financing into the regional economic framework described in paragraph (9); and
(12) promote regional integration and broader interconnectivity among the Abraham Accords countries, Negev Forum countries, observers, key partners in regional integration, and other regional actors by promoting and supporting targeted investment in regional infrastructure and other critical sectors that broaden and deepen interconnectivity, increase economic growth and resilience, create benefits for citizens of Abraham Accords countries and Negev Forum countries, and advance the national security, economic, and development interests of the United States.
(e) Limitation
(f) Sense of Congress
(g) Report
(1) In generalNot later than 180 days after December 22, 2023, and annually thereafter, the Special Envoy shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on actions taken by all relevant Federal agencies—
(A) to strengthen and expand the Abraham Accords and the work of the Negev Forum and future structures and organizations; and
(B) towards the objectives of regional integration.
(2) Form of report
(h) Strategy
(i) Termination
(j) Rule of construction
(k) DefinitionsIn this section:
(1) Abraham AccordsThe term “Abraham Accords” means—
(A) the Abraham Accords Declaration, done at Washington September 15, 2020;
(B) the Abraham Accords Peace Agreement: Treaty of Peace, Diplomatic Relations and Full Normalization Between the United Arab Emirates and Israel, done at Washington September 15, 2020;
(C) the Abraham Accords: Declaration of Peace, Cooperation, and Constructive Diplomatic and Friendly Relations, done at Washington September 15, 2020, between Israel and the Kingdom of Bahrain; and
(D) the Joint Declaration of the Kingdom of Morocco, the United States, and Israel, done at Rabat December 22, 2020.
(2) Expand
(3) Key partners in regional integrationThe term “key partners in regional integration” means—
(A) any Abraham Accords country;
(B) Egypt;
(C) Jordan;
(D) the Kingdom of Saudi Arabia; and
(E) any other active and constructive country that supports cooperation—
(i) to normalize relations between countries in the Middle East and North Africa and Israel; and
(ii) to advance regional integration.
(4) Negev Forum
(5) ObserverThe term “observer”—
(A) means any country, particularly inside the Middle East and North Africa region, or political entity that—
(i) directly supports the objectives and processes of the Negev Forum;
(ii) expresses serious interest in participating in certain projects determined by the Negev Forum that benefit normalization with Israel and greater regional integration; and
(iii) is not an official member of the Negev Forum Steering Committee or any working group of the Negev Forum; and
(B) includes 3+1 format members Cyprus and Greece.
(6) Other regional actors
(7) Strengthen
(Aug. 1, 1956, ch. 841, title I, § 64, as added Pub. L. 118–31, div. F, title LXIV, § 6407, Dec. 22, 2023, 137 Stat. 1000.)
§ 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
(c) Use of analysis from interviews
(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
(2) Outreach events
(b) External advisory committees and boards
(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
(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
(b) Review of past programs
(Pub. L. 117–81, div. E, title LIV, § 5407, Dec. 27, 2021, 135 Stat. 2374.)
§ 2736e. Voluntary participation
(a) In general
(b) Privacy protection
(Pub. L. 117–81, div. E, title LIV, § 5408, Dec. 27, 2021, 135 Stat. 2375.)
§ 2736f. Efforts to improve retention and prevent retaliation
(a) Streamlined reporting
(b) Required annual surveys
(1) In general
(2) Open-ended responses
(3) Survey questionsThe survey shall include questions regarding—
(A) work-life balance;
(B) compensation and benefits;
(C) career development opportunities;
(D) the performance evaluation and promotion process, including fairness and transparency;
(E) communication channels and effectiveness;
(F) leadership and management;
(G) organizational culture;
(H) awareness and effectiveness of complaint measures;
(I) accessibility and accommodations;
(J) availability of transportation to and from a work station;
(K) information technology infrastructure functionality and accessibility;
(L) the employee’s understanding of the Department’s structure, mission, and goals;
(M) alignment and relevance of work to the Department’s mission;
(N) sense of empowerment to affect positive change; and
(O) experiences with harassment, discrimination, retaliation, and other events that contribute to attrition and negatively impact work culture and productivity.
(c) Required exit surveys
(1) In general
(2) ScopeThe exit surveys conducted pursuant to paragraph (1) shall—
(A) be designed to gather insights and feedback from departing employees regarding—
(i) their reasons for leaving, including caretaking responsibilities, career limitations for partner or spouse, and discrimination, harassment, or retaliation;
(ii) their overall experience with the Department; and
(iii) any suggestions for improvement; and
(B) include questions related to—
(i) the employee’s reasons for leaving;
(ii) job satisfaction;
(iii) work environment;
(iv) professional growth opportunities;
(v) leadership effectiveness;
(vi) suggestions for enhancing the Department’s performance; and
(vii) if applicable, the name and industry of the employee’s future employer.
(3) Compilation of results
(d) Pilot surveys
(e) Report
(f) Retaliation prevention efforts
(1) Employee evaluation
(A) In general
(B) Effective date
(2) Retaliation prevention guidance
(Pub. L. 118–31, div. F, title LXII, § 6211, Dec. 22, 2023, 137 Stat. 976.)
§ 2737. Department of State paid Student Internship Program
(a) In general
(b) Eligibility
(1) In generalAn applicant is eligible to participate in the Program if the applicant is enrolled at—
(A) an institution of higher education (as such term is defined in section 1002(a) of title 20); or
(B) an institution of higher education based outside the United States, as determined by the Secretary of State.
(2) Additional eligibility criteriaAn applicant in the Program should be—
(A) enrolled at least half-time in an institution described in paragraph (1); and
(B) eligible to receive and hold an appropriate security clearance.
(c) Selection
(d) OutreachThe Secretary shall—
(1) widely advertise the Program, including—
(A) on the internet;
(B) through the Department’s Diplomats in Residence program; and
(C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and
(2) conduct targeted outreach to encourage participation in the Program from—
(A) individuals belonging to an underrepresented group; and
(B) students enrolled at minority-serving institutions (which shall include any institution listed in section 1067q(a) of title 20).
(e) Compensation
(1) Housing assistance
(A) Abroad
(B) Domestic
(2) Travel assistanceThe Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student’s permanent address and the location of the internship in which such student is participating if such location is—
(A) more than 50 miles from the student’s permanent address; or
(B) outside of the United States.
(f) Working with institutions of higher education
(g) Transition period
(1) In generalExcept as provided in paragraphs (2) and (3), beginning not later than 2 years after December 23, 2022
(A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and
(B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit.
(2) Exception
(3) Waiver
(A) In generalThe Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to—
(i) the appropriate congressional committees;
(ii) the Committee on Appropriations of the Senate; and
(iii) the Committee on Appropriations of the House of Representatives.
(B) ReportThe report required under subparagraph (A) shall—
(i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and
(ii)(I) provide justification for maintaining such unpaid status indefinitely; or(II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future.
(h) ReportsNot later than 18 months after December 23, 2022, the Secretary shall submit a report to the committees referred to in subsection (g)(3)(A) that includes—
(1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, sex, institution of higher education, home State, State where each student graduated from high school, and disability status;
(2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted;
(3) information on Program expenditures;
(4) information regarding the Department’s compliance with subsection (g); and
(5) the number of internship participants subsequently employed by the Department, if any, following their participation in the Program.
(i) Voluntary participation
(1) In general
(2) Privacy protection
(j) Special hiring authorityNotwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may—
(1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and
(2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the excepted service.
(Pub. L. 117–263, div. I, title XCII, § 9201, Dec. 23, 2022, 136 Stat. 3861.)
§ 2738. Mid-Career Mentoring Program
(a) Authorization
(b) Selection
(1) Nominations
(2) Submission of slate of nominees to SecretaryThe Director of the Foreign Service Institute, in consultation with the Director General of the Foreign Service, shall semiannually—
(A) vet the nominees most recently nominated pursuant to paragraph (1); and
(B) submit to the Secretary a slate of applicants to participate in the Program, who shall consist of at least—
(i) 10 Foreign Service Officers and specialists classified at the FS-03 or FS-04 level of the Foreign Service Salary Schedule;
(ii) 10 Civil Service employees classified at GS–12 or GS–13 of the General Schedule; and
(iii) 5 Foreign Service Officers from the United States Agency for International Development.
(3) Final selection
(4) Merit principles
(c) Program sessions
(1) Frequency; duration
(2) Themes
(d) Mentoring program
(e) Annual report
(Pub. L. 118–31, div. F, title LXII, § 6205, Dec. 22, 2023, 137 Stat. 973.)
§ 2739. Civil service rotational program
(a) Establishment of pilot rotational program for civil service
(b) Program
The program established under this section shall—
(1) provide at least 20 career civil servants the opportunity to serve for 2 to 3 years at a United States embassy to gain additional skills and experience;
(2) offer such civil servants the opportunity to serve in a political or economic section at a United States embassy; and
(3) include clear and transparent criteria for eligibility and selection, which shall include a minimum of 5 years of service at the Department.
(c) Subsequent position and promotion
(d) Implementation
(Pub. L. 118–31, div. F, title LXII, § 6208, Dec. 22, 2023, 137 Stat. 975.)