§ 2651a. — Organization of Department of State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2651a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2651a. Organization of Department of State
(a) Secretary of State
(1) The Department of State shall be administered, in accordance
with this Act and other provisions of law, under the supervision and
direction of the Secretary of State (hereinafter referred to as the
``Secretary'').
(2) The Secretary, the Deputy Secretary of State, and the Deputy
Secretary of State for Management and Resources shall be appointed by
the President, by and with the advice and consent of the Senate.
(3)(A) Notwithstanding any other provision of law and except as
provided in this section, the Secretary shall have and exercise any
authority vested by law in any office or official of the Department of
State. The Secretary shall administer, coordinate, and direct the
Foreign Service of the United States and the personnel of the Department
of State, except where authority is inherent in or vested in the
President.
(B)(i) The Secretary shall not have the authority of the Inspector
General or the Chief Financial Officer.
(ii) The Secretary shall not have any authority given expressly to
diplomatic or consular officers.
(4) The Secretary is authorized to promulgate such rules and
regulations as may be necessary to carry out the functions of the
Secretary of State and the Department of State. Unless otherwise
specified in law, the Secretary may delegate authority to perform any of
the functions of the Secretary or the Department to officers and
employees under the direction and supervision of the Secretary. The
Secretary may delegate the authority to redelegate any such functions.
(b) Under Secretaries
(1) In general
There shall be in the Department of State not more than 6 Under
Secretaries of State, who shall be appointed by the President, by
and with the advice and consent of the Senate, and who shall be
compensated at the rate provided for at level III of the Executive
Schedule under section 5314 of title 5.
(2) Under Secretary for Arms Control and International
Security
There shall be in the Department of State, among the Under
Secretaries authorized by paragraph (1), an Under Secretary for Arms
Control and International Security, who shall assist the Secretary
and the Deputy Secretary in matters related to international
security policy, arms control, and nonproliferation. Subject to the
direction of the President, the Under Secretary may attend and
participate in meetings of the National Security Council in his role
as Senior Advisor to the President and the Secretary of State on
Arms Control and Nonproliferation Matters.
(3) Under Secretary for Public Diplomacy
There shall be in the Department of State, among the Under
Secretaries authorized by paragraph (1), an Under Secretary for
Public Diplomacy, who shall have primary responsibility to assist
the Secretary and the Deputy Secretary in the formation and
implementation of United States public diplomacy policies and
activities, including international educational and cultural
exchange programs, information, and international broadcasting.
(4) Nomination of Under Secretaries
Whenever the President submits to the Senate a nomination of an
individual for appointment to a position in the Department of State
that is described in paragraph (1), the President shall designate
the particular Under Secretary position in the Department of State
that the individual shall have.
(c) Assistant Secretaries
(1) In general
There shall be in the Department of State not more than 24
Assistant Secretaries of State, each of whom shall be appointed by
the President, by and with the advice and consent of the Senate, and
who shall be compensated at the rate provided for at level IV of the
Executive Schedule under section 5315 of title 5.
(2) Assistant Secretary of State for Democracy, Human
Rights, and Labor
(A) There shall be in the Department of State an Assistant
Secretary of State for Democracy, Human Rights, and Labor who shall
be responsible to the Secretary of State for matters pertaining to
human rights and humanitarian affairs (including matters relating to
prisoners of war and members of the United States Armed Forces
missing in action) in the conduct of foreign policy and such other
related duties as the Secretary may from time to time designate. The
Secretary of State shall carry out the Secretary's responsibility
under section 2304 of this title through the Assistant Secretary.
(B) The Assistant Secretary of State for Democracy, Human
Rights, and Labor shall maintain continuous observation and review
all matters pertaining to human rights and humanitarian affairs
(including matters relating to prisoners of war and members of the
United States Armed Forces missing in action) in the conduct of
foreign policy including the following:
(i) Gathering detailed information regarding humanitarian
affairs and the observance of and respect for internationally
recognized human rights in each country to which requirements of
sections 2151n and 2304 of this title are relevant.
(ii) Preparing the statements and reports to Congress
required under section 2304 of this title.
(iii) Making recommendations to the Secretary of State and
the Administrator of the Agency for International Development
regarding compliance with sections 2151n and 2304 of this title,
and as part of the Assistant Secretary's overall policy
responsibility for the creation of United States Government
human rights policy, advising the Administrator of the Agency
for International Development on the policy framework under
which section 2151n(e) projects are developed and consulting
with the Administrator on the selection and implementation of
such projects.
(iv) Performing other responsibilities which serve to
promote increased observance of internationally recognized human
rights by all countries.
(3) Nomination of Assistant Secretaries
Whenever the President submits to the Senate a nomination of an
individual for appointment to a position in the Department of State
that is described in paragraph (1), the President shall designate
the regional or functional bureau or bureaus of the Department of
State with respect to which the individual shall have
responsibility.
(d) Other senior officials
In addition to officials of the Department of State who are
otherwise authorized to be appointed by the President, by and with the
advice and consent of the Senate, and to be compensated at level IV of
the Executive Schedule of \1\ section 5315 of title 5 four other such
appointments are authorized.
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\1\ So in original. Probably should be ``under''.
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(e) Coordinator for Counterterrorism
(1) In general
There is within the office of the Secretary of State a
Coordinator for Counterterrorism (in this paragraph referred to as
the ``Coordinator'') who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Duties
(A) In general
The Coordinator shall perform such duties and exercise such
powers as the Secretary of State shall prescribe.
(B) Duties described
The principal duty of the Coordinator shall be the overall
supervision (including policy oversight of resources) of
international counterterrorism activities. The Coordinator shall
be the principal adviser to the Secretary of State on
international counterterrorism matters. The Coordinator shall be
the principal counterterrorism official within the senior
management of the Department of State and shall report directly
to the Secretary of State.
(3) Rank and status of Ambassador
The Coordinator shall have the rank and status of Ambassador at
Large.
(f) Qualifications of certain officers of the Department of State
(1) Officer having primary responsibility for personnel
management
The officer of the Department of State with primary
responsibility for assisting the Secretary with respect to matters
relating to personnel in the Department of State, or that officer's
principal deputy, shall have substantial professional qualifications
in the field of human resource policy and management.
(2) Officer having primary responsibility for diplomatic
security
The officer of the Department of State with primary
responsibility for assisting the Secretary with respect to
diplomatic security, or that officer's principal deputy, shall have
substantial professional qualifications in the fields of (A)
management, and (B) Federal law enforcement, intelligence, or
security.
(3) Officer having primary responsibility for international
narcotics and law enforcement
The officer of the Department of State with primary
responsibility for assisting the Secretary with respect to
international narcotics and law enforcement, or that officer's
principal deputy, shall have substantial professional qualifications
in the fields of (A) management, and (B) law enforcement or
international narcotics policy.
(Aug. 1, 1956, ch. 841, title I, Sec. 1, 70 Stat. 890; renumbered title
I and amended Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96
Stat. 282; Pub. L. 103-236, title I, Sec. 161(a), Apr. 30, 1994, 108
Stat. 402; Pub. L. 103-415, Sec. 1(f)(1), Oct. 25, 1994, 108 Stat. 4299;
Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1213, title XIII,
Sec. 1313, subdiv. B, title XXIII, Secs. 2301(a), 2303-2305(a)(1),
(b)(1), (c), 2306, Oct. 21, 1998, 112 Stat. 2681-767, 2681-776, 2681-
824, 2681-825, 2681-826; Pub. L. 106-553, Sec. 1(a)(2) [title IV,
Sec. 404(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A-96; Pub. L. 107-228,
div. A, title III, Sec. 303, Sept. 30, 2002, 116 Stat. 1377.)
References in Text
This Act, referred to in subsec. (a)(1), is act Aug. 1, 1956, ch.
841, 70 Stat. 890, as amended, known as the State Department Basic
Authorities Act of 1956, which enacted sections 2651a, 2669 to 2672,
2673 to 2679a, 2680, 2680a, 2684, 2687 to 2690, 2692, 2695, and 2696 to
2724 of this title and chapters 53 (Sec. 4301 et seq.), 53A (Sec. 4341
et seq.), and 53B (Sec. 4351 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2651 of this title and Tables.
Codification
Section was formerly classified to section 2662 of this title.
Section was also formerly classified to section 170f of Title 5
prior to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80
Stat. 378.
Amendments
2002--Subsecs. (f), (g). Pub. L. 107-228 added subsec. (f) and
struck out former subsecs. (f) and (g), which related to the
qualifications of officers having primary responsibility for personnel
management and for diplomatic security.
2000--Subsec. (a)(2). Pub. L. 106-553 substituted ``, the Deputy
Secretary of State, and the Deputy Secretary of State for Management and
Resources'' for ``and the Deputy Secretary of State''.
1998--Subsec. (b). Pub. L. 105-277, Sec. 1213, designated existing
provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (b)(1). Pub. L. 105-277, Sec. 2305(a)(1), substituted ``6
Under Secretaries'' for ``5 Under Secretaries''.
Subsec. (b)(3). Pub. L. 105-277, Sec. 1313, added par. (3).
Subsec. (b)(4). Pub. L. 105-277, Sec. 2306(a), added par. (4).
Subsec. (c)(1). Pub. L. 105-277, Sec. 2305(b)(1), substituted ``24''
for ``20''.
Subsec. (c)(3). Pub. L. 105-277, Sec. 2306(b), added par. (3).
Subsec. (d). Pub. L. 105-277, Sec. 2305(c), redesignated subsec. (e)
as (d) and struck out heading and text of former subsec. (d). Text read
as follows: ``There shall be in the Department of State not more than 66
Deputy Assistant Secretaries of State.''
Subsec. (e). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec.
(f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec.
(g) as (f). Former subsec. (f) redesignated (e).
Pub. L. 105-277, Sec. 2301(a), added subsec. (f).
Subsec. (g). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec.
(h) as (g). Former subsec. (g) redesignated (f).
Pub. L. 105-277, Sec. 2303, added subsec. (g).
Subsec. (h). Pub. L. 105-277, Sec. 2305(c)(2), redesignated subsec.
(h) as (g).
Pub. L. 105-277, Sec. 2304, added subsec. (h).
1994--Pub. L. 103-236 amended section generally. Prior to amendment,
section read as follows: ``The Secretary of State is authorized to
establish, maintain, and operate passport and despatch agencies.''
Subsec. (a)(2). Pub. L. 103-415 inserted ``and the Deputy Secretary
of State'' after ``Secretary''.
1982--Pub. L. 97-241 substituted ``The Secretary'' for ``That the
Secretary''.
Effective Date of 1998 Amendment
Amendment by section 1213 of Pub. L. 105-277 effective Apr. 1, 1999,
see section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of this title.
Amendment by section 1313 of Pub. L. 105-277 effective Oct. 1, 1999,
see section 1301 of Pub. L. 105-277, set out as an Effective Date note
under section 6531 of this title.
Effective Date of 1994 Amendment
Section 161(b) of Pub. L. 103-236, as amended by Pub. L. 103-415,
Sec. 1(f)(2), Oct. 25, 1994, 108 Stat. 4300, provided that: ``The
amendments made by this section and section 162 [amending this section,
sections 2151n, 2304, 2314, 2349aa-2, 2384, 2652b, 2655a, 2669, 2670,
2707, 2755, 4302 to 4305, 4308, 4801, 4802, 4806, 4821 to 4823, and 4852
of this title, sections 5314 and 5315 of Title 5, Government
Organization and Employees, sections 1101, 1104, 1105, and 1521 to 1523
of Title 8, Aliens and Nationality, repealing sections 811a, 2652,
2652a, 2653 to 2655, 2658, 4803, and 4804 of this title and section 1525
of Title 8, and amending provisions set out as a note under section 113
of Title 10, Armed Forces] shall apply with respect to officials,
offices, and bureaus of the Department of State when executive orders,
regulations, or departmental directives implementing such amendments
become effective, or 90 days after the date of enactment of this Act
[Apr. 30, 1994], whichever comes earlier.''
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-241, effective Oct. 1, 1982, see section 204
of Pub. L. 97-241, set out as an Effective Date note under section 4301
of this title.
Comprehensive Workforce Plan
Pub. L. 107-228, div. A, title III, Sec. 301, Sept. 30, 2002, 116
Stat. 1376, provided that:
``(a) Workforce Plan.--Not later than 180 days after the date of the
enactment of this Act [Sept. 30, 2002], the Secretary shall submit to
the appropriate congressional committees a comprehensive workforce plan
for the Department for the fiscal years 2003 through 2007. The plan
shall consider personnel needs in both the Civil Service and the Foreign
Service and expected domestic and overseas personnel allocations. The
workforce plan should set forth--
``(1) the detailed mission of the Department;
``(2) the definition of work to be done;
``(3) a description of cyclical personnel needs based on
expected retirements and attrition; and
``(4) a statement of the time required to hire, train, and
deploy new personnel.
``(b) Domestic Staffing Model.--Not later than one year after the
date of the enactment of this Act [Sept. 30, 2002], the Secretary shall
compile and submit to the appropriate congressional committees a
domestic staffing model for the Department.''
``Rightsizing'' Overseas Posts
Pub. L. 107-228, div. A, title III, Sec. 302, Sept. 30, 2002, 116
Stat. 1376, provided that:
``(a) `Rightsizing' at the Department of State.--
``(1) In general.--The Secretary shall establish a task force
within the Department on the issue of `rightsizing' overseas posts.
``(2) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act [Sept. 30, 2002], the Secretary
shall submit to the appropriate congressional committees a report
that outlines the status, plans, and activities of the task force.
In addition to such other information as the Secretary considers
appropriate, the report shall include the following:
``(A) The objectives of the task force.
``(B) Measures for achieving the objectives under
subparagraph (A).
``(C) Identification of the official of the Department with
primary responsibility for the issue of `rightsizing'.
``(D) The plans of the Department for the reallocation of
staff and resources based on changing needs at overseas posts
and in the metropolitan Washington, D.C., area.
``(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report reviewing the activities and
progress of the task force established under paragraph (1).
``(b) Interagency Working Group.--
``(1) Establishment.--The Secretary shall establish an
interagency working group on the issue of `rightsizing' the overseas
presence of the United States Government.
``(2) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act [Sept. 30, 2002], the Secretary
shall submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the interagency
working group. In addition to such other information as the
Secretary considers appropriate, the report shall include the
following:
``(A) The objectives of the working group.
``(B) Measures for achieving the objectives under
subparagraph (A).
``(C) Identification of the official of each agency with
primary responsibility for the issue of `rightsizing'.
``(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report reviewing the activities and
progress of the working group established under paragraph (1).''
Report Concerning Minority Employment
Pub. L. 107-228, div. A, title III, Sec. 324, Sept. 30, 2002, 116
Stat. 1385, provided that: ``On April 1, 2003, and April 1, 2004, the
Secretary shall submit a comprehensive report to Congress, with respect
to the preceding calendar year, concerning the employment of members of
minority groups at the Department, including the Civil Service and the
Foreign Service. The report shall include the following data (reported
in terms of real numbers and percentages and not as ratios):
``(1) For the last preceding Foreign Service examination and
promotion cycles for which such information is available--
``(A) the numbers and percentages of members of all minority
groups taking the written Foreign Service examination;
``(B) the numbers and percentages of members of all minority
groups successfully completing and passing the written Foreign
Service examination;
``(C) the numbers and percentages of members of all minority
groups successfully completing and passing the oral Foreign
Service examination;
``(D) the numbers and percentages of members of all minority
groups entering the junior officer class of the Foreign Service;
``(E) the numbers and percentages of members of all minority
groups who are Foreign Service officers at each grade; and
``(F) the numbers and percentages of members of all minority
groups promoted to each grade of the Foreign Service.
``(2) For the last preceding year for Civil Service employment
at the Department for which such information is available--
``(A) numbers and percentages of members of all minority
groups entering the Civil Service;
``(B) the number and percentages of members of all minority
groups who are Civil Service employees at each grade of the
Civil Service; and
``(C) the number of and percentages of members of all
minority groups promoted at each grade of the Civil Service.''
Use of Funds Authorized for Minority Recruitment
Pub. L. 107-228, div. A, title III, Sec. 325, Sept. 30, 2002, 116
Stat. 1386, provided that:
``(a) Conduct of Recruitment Activities.--
``(1) In general.--Amounts authorized to be appropriated for
minority recruitment under section 111(1)(D) [probably means section
111(a)(1)(D) of Pub. L. 107-228, 116 Stat. 1356] shall be used only
for activities directly related to minority recruitment, such as
recruitment materials designed to target members of minority groups
and the travel expenses of recruitment trips to colleges,
universities, and other institutions or locations.
``(2) Limitation.--Amounts authorized to be appropriated for
minority recruitment under section 111(1)(D) may not be used to pay
salaries of employees of the Department.
``(b) Recruitment Activities at Academic Institutions.--The
Secretary shall expand the recruitment efforts of the Department to
include not less than 25 percent of the part B institutions (as defined
under section 322 of the Higher Education Act of 1965 [20 U.S.C. 1061])
in the United States and not less than 25 percent of the Hispanic-
serving institutions (as defined in section 502(a)(5) of such Act [20
U.S.C. 1101a(a)(5)]) in the United States.
``(c) Evaluation of Recruitment Efforts.--The Secretary shall
establish a database relating to efforts to recruit members of minority
groups into the Foreign Service and the Civil Service and shall report
to the appropriate congressional committees on the evaluation of efforts
to recruit such individuals, including an analysis of the information
collected in the database created under this subsection. Such report
shall be included in each of the two reports required under section 324
[set out as a note above].''
State Department Official for Northeastern Europe
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 302], Nov. 29, 1999, 113 Stat. 1536, 1501A-434, provided that:
``The Secretary of State shall designate a senior-level official of the
Department of State with responsibility for promoting regional
cooperation in and coordinating United States policy toward Northeastern
Europe.''
Science and Technology Adviser to Secretary of State
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 303], Nov. 29, 1999, 113 Stat. 1536, 1501A-434, provided that:
``(a) Designation.--The Secretary of State shall designate a senior-
level official of the Department of State as the Science and Technology
Adviser to the Secretary of State (in this section referred to as the
`Adviser'). The Adviser shall have substantial experience in the area of
science and technology. The Adviser shall report to the Secretary of
State through the appropriate Under Secretary of State.
``(b) Duties.--The Adviser shall--
``(1) advise the Secretary of State, through the appropriate
Under Secretary of State, on international science and technology
matters affecting the foreign policy of the United States; and
``(2) perform such duties, exercise such powers, and have such
rank and status as the Secretary of State shall prescribe.''
Transition; Reappointment of Officers Holding Office as of April 30,
1994, Not Required
Section 161(c) of Pub. L. 103-236 provided that: ``Any officer of
the Department of State holding office on the date of the enactment of
this Act [Apr. 30, 1994] shall not be required to be reappointed to any
other office, at the Department of State at the same level performing
similar functions, as determined by the President, by reason of the
enactment of the amendments made by this section and section 162 [see
Effective Date of 1994 Amendment note above for classification].''
[Functions of President under section 161(c) of Pub. L. 103-236, set
out above, delegated to Secretary of State by Memorandum of President of
the United States, July 26, 1994, 59 F.R. 40205, set out as a note under
section 2370a of this title.]
References to Officials and Offices of Department of State Whose
Authority Is vested in Secretary of State Deemed References to Secretary
of State or Department of State
Section 161(d) of Pub. L. 103-236 provided that: ``Except as
specifically provided in this Act [see Tables for classification], or
the amendments made by this Act, a reference in any other provision of
law to an official or office of the Department of State affected by the
amendment made by subsection (a) [amending this section] (other than the
Inspector General of the Department of State and the Chief Financial
Officer of the Department of State) shall be deemed to be a reference to
the Secretary of State or the Department of State, as may be
appropriate.''
Office of Coordinator for Counterterrorism
Section 161(e) of Pub. L. 103-236, which established for not less
than one year after Apr. 30, 1994, an Office of the Coordinator for
Counterterrorism in the Department of State having the same
responsibilities and functions as such office had as of Jan. 20, 1993,
was repealed by Pub. L. 105-277, div. G, subdiv. B, title XXIII,
Sec. 2301(b), Oct. 21, 1998, 112 Stat. 2681-824.
Deputy Assistant Secretary for Burdensharing
Section 161(f) of Pub. L. 103-236, as amended by Pub. L. 103-415,
Sec. 1(f)(3), Oct. 25, 1994, 108 Stat. 4300, which conditioned
availability of 1995 appropriations upon establishment of position
within Department of State of Deputy Assistant Secretary for
Burdensharing and set forth responsibilities of position, was repealed
by Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2302, Oct. 21,
1998, 112 Stat. 2681-825.
Authorization To Redelegate Certain Responsibilities Vested in the
President and Delegated to the Secretary of State
Memorandum of President of the United States, Nov. 4, 1997, 62 F.R.
60995, provided:
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and laws of the
United States, including section 301 of Title 3 of the United States
Code, to the extent that you consider doing so appropriate to facilitate
the consolidation of the Arms Control and Disarmament Agency and the
Department of State, I hereby authorize you to redelegate to any officer
of the executive branch any or all authorities vested in the President
that are delegated to the Secretary of State by any act, order,
determination, delegation of authority, regulation, or Executive order
heretofore or hereinafter enacted or issued and that have been or may be
redelegated to the Under Secretary of State for Arms Control and
International Security Affairs.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
[For abolition, transfer of functions, and treatment of references
to United States Arms Control and Disarmament Agency, see section 6511
et seq. of this title.]
Definitions
For definitions of ``Secretary'', ``Department'', and ``appropriate
congressional committees'' as used in sections 301, 302, 324, and 325 of
Pub. L. 107-228, set out as notes above, see section 3 of Pub. L. 107-
228, set out as a note under section 2651 of this title.
Section Referred to in Other Sections
This section is referred to in section 2652c of this title.
