United States Code

USC most recently checked for updates: Nov 30, 2022

§ 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. The Under Secretary for Public Diplomacy shall—
(A)
prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department;
(B)
ensure the design and implementation of appropriate program evaluation methodologies;
(C)
provide guidance to Department personnel in the United States and overseas who conduct or implement public diplomacy policies, programs, and activities;
(D)
assist the United States Agency for International Development and the Broadcasting Board of Governors to present the policies of the United States clearly and effectively; and
(E)
submit statements of United States policy and editorial material to the Broadcasting Board of Governors for broadcast consideration.
(4)
Nomination of Under Secretaries

Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the particular Under Secretary position in the Department of State that the individual shall have.

(c)
Assistant Secretaries
(1)
In general

There shall be in the Department of State not more than 24 Assistant Secretaries of State who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5. Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.

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

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

(B)
Areas of responsibility
The 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 duties
In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also—
(i)
carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies;
(ii)
coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department;
(iii)
develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized;
(iv)
in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 3927 of this title; and
(v)
carry out such other relevant duties as the Secretary may assign.
(D)
Rule of construction

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

(4)
Assistant Secretary for economic and business matters
(A)
In general

Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be responsible to the Secretary of State for matters pertaining to international economics and business matters in the conduct of foreign policy.

(B)
Matters contemplated
The matters referred to in subparagraph (A) include the following:
(i)
International trade and investment policy.
(ii)
International finance, economic development, and debt policy.
(iii)
Economic sanctions and combating terrorist financing.
(iv)
International transportation policy.
(v)
Support for United States businesses.
(vi)
Economic policy analysis and private sector outreach.
(vii)
International data privacy and innovation policies.
(viii)
Such other related duties as the Secretary may from time to time designate.
(C)
Coordination

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

(5)
Nomination of Assistant Secretaries

Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the regional or functional bureau or bureaus of the Department of State with respect to which the individual shall have responsibility.

(d)
Other senior officials

In addition to officials of the Department of State who are otherwise authorized to be appointed by the President, by and with the advice and consent of the Senate, and to be compensated at level IV of the Executive Schedule of 1

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

(e)
Coordinator for Counterterrorism
(1)
In general

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

(2)
Duties
(A)
In general

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

(B)
Duties described

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

(3)
Rank and status of Ambassador

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

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

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

(2)
Authorities and duties; definitions
(A)
Authorities
The Coordinator, acting through such nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, and other relevant ministries, and relevant executive branch agencies as may be necessary and appropriate to effect the purposes of this section, is authorized—
(i)
to operate internationally to carry out prevention, care, treatment, support, capacity development, and other activities for combatting HIV/AIDS;
(ii)
to transfer and allocate funds to relevant executive branch agencies; and
(iii)
to provide grants to, and enter into contracts with, nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, and other relevant ministries, to carry out the purposes of section.
(B)
Duties
(i)
In general

The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to combat the HIV/AIDS pandemic, including all programs, projects, and activities of the United States Government relating to the HIV/AIDS pandemic under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 [22 U.S.C. 7601 et seq.] or any amendment made by that Act.

(ii)
Specific duties
The duties of the Coordinator shall specifically include the following:
(I)
Ensuring program and policy coordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs.
(II)
Ensuring that each relevant executive branch agency undertakes programs primarily in those areas where the agency has the greatest expertise, technical capabilities, and potential for success.
(III)
Avoiding duplication of effort.
(IV)
Establishing an interagency working group on HIV/AIDS headed by the Global AIDS Coordinator and comprised of representatives from the United States Agency for International Development and the Department of Health and Human Services, for the purposes of coordination of activities relating to HIV/AIDS, including—
(aa)
meeting regularly to review progress in partner countries toward HIV/AIDS prevention, treatment, and care objectives;
(bb)
participating in the process of identifying countries to consider for increased assistance based on the epidemiology of HIV/AIDS in those countries, including clear evidence of a public health threat, as well as government commitment to address the HIV/AIDS problem, relative need, and coordination and joint planning with other significant actors;
(cc)
assisting the Coordinator in the evaluation, execution, and oversight of country operational plans;
(dd)
reviewing policies that may be obstacles to reaching targets set forth for HIV/AIDS prevention, treatment, and care; and
(ee)
consulting with representatives from additional relevant agencies, including the National Institutes of Health, the Health Resources and Services Administration, the Department of Labor, the Department of Agriculture, the Millennium Challenge Corporation, the Peace Corps, and the Department of Defense.
(V)
Coordinating overall United States HIV/AIDS policy and programs, including ensuring the coordination of relevant executive branch agency activities in the field, with efforts led by partner countries, and with the assistance provided by other relevant bilateral and multilateral aid agencies and other donor institutions to promote harmonization with other programs aimed at preventing and treating HIV/AIDS and other health challenges, improving primary health, addressing food security, promoting education and development, and strengthening health care systems.
(VI)
Resolving policy, program, and funding disputes among the relevant executive branch agencies.
(VII)
Holding annual consultations with nongovernmental organizations in partner countries that provide services to improve health, and advocating on behalf of the individuals with HIV/AIDS and those at particular risk of contracting HIV/AIDS, including organizations with members who are living with HIV/AIDS.
(VIII)
Ensuring, through interagency and international coordination, that HIV/AIDS programs of the United States are coordinated with, and complementary to, the delivery of related global health, food security, development, and education.
(IX)
Directly approving all activities of the United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote d’Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Vietnam, Zambia, and other countries designated by the President, which other designated countries may include those countries in which the United States is implementing HIV/AIDS programs as of May 27, 2003, and other countries in which the United States is implementing HIV/AIDS programs as part of its foreign assistance program. In designating additional countries under this subparagraph, the President shall give priority to those countries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general population and inadequate financial means within the country.
(X)
Working with partner countries in which the HIV/AIDS epidemic is prevalent among injection drug users to establish, as a national priority, national HIV/AIDS prevention programs.
(XI)
Working with partner countries in which the HIV/AIDS epidemic is prevalent among individuals involved in commercial sex acts to establish, as a national priority, national prevention programs, including education, voluntary testing, and counseling, and referral systems that link HIV/AIDS programs with programs to eradicate trafficking in persons and support alternatives to prostitution.
(XII)
Establishing due diligence criteria for all recipients of funds appropriated for HIV/AIDS assistance pursuant to the authorization of appropriations under 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)
Definitions
In this paragraph:
(i)
AIDS

The term “AIDS” means acquired immune deficiency syndrome.

(ii)
HIV

The term “HIV” means the human immunodeficiency virus, the pathogen that causes AIDS.

(iii)
HIV/AIDS

The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with HIV or living with AIDS.

(iv)
Relevant executive branch agencies

The term “relevant executive branch agencies” means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including the Public Health Service), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act.

(g)
Bureau of Consular Affairs

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

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

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

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

The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate.

(2)
Positions not exercising significant authority
The 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 authority
The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after December 27, 2021, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following:
(A)
The necessity for conferring such title and function.
(B)
The dates during which such title and function will be held.
(C)
The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment.
(D)
All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment.
(4)
Renewal of temporary appointment

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

(5)
Exemption

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

(6)
Effective date

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

(j)
Qualifications of certain officers of the Department of State
(1)
Officer having primary responsibility for personnel management

The officer of the Department of State with primary responsibility for assisting the Secretary with respect to matters relating to personnel in the Department of State, or that officer’s principal deputy, shall have substantial professional qualifications in the field of human resource policy and management.

(2)
Officer having primary responsibility for diplomatic security

The officer of the Department of State with primary responsibility for assisting the Secretary with respect to diplomatic security, or that officer’s principal deputy, shall have substantial professional qualifications in the fields of (A) management, and (B) Federal law enforcement, intelligence, or security.

(3)
Officer having primary responsibility for international narcotics and law enforcement

The officer of the Department of State with primary responsibility for assisting the Secretary with respect to international narcotics and law enforcement, or that officer’s principal deputy, shall have substantial professional qualifications in the fields of (A) management, and (B) law enforcement or international narcotics policy.

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

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

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

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

(B)
Termination

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

(Aug. 1, 1956, ch. 841, title I, § 1, 70 Stat. 890; renumbered title I and amended Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; Pub. L. 103–236, title I, § 161(a), Apr. 30, 1994, 108 Stat. 402; Pub. L. 103–415, § 1(f)(1), Oct. 25, 1994, 108 Stat. 4299; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1213, title XIII, § 1313, subdiv. B, title XXIII, §§ 2301(a), 2303–2305(a)(1), (b)(1), (c), 2306, Oct. 21, 1998, 112 Stat. 2681–767, 2681–776, 2681–824, 2681–825, 2681–826; Pub. L. 106–553, § 1(a)(2) [title IV, § 404(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A–96; Pub. L. 107–228, div. A, title III, § 303, Sept. 30, 2002, 116 Stat. 1377; Pub. L. 108–25, title I, § 102(a), May 27, 2003, 117 Stat. 721; Pub. L. 108–458, title VII, § 7109(b)(1), Dec. 17, 2004, 118 Stat. 3793; Pub. L. 110–293, title I, § 102, July 30, 2008, 122 Stat. 2933; Pub. L. 112–166, § 2(j), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 116–94, div. J, title VII, § 703, Dec. 20, 2019, 133 Stat. 3070; Pub. L. 116–260, div. FF, title III, § 361(a)(1), (2), Dec. 27, 2020, 134 Stat. 3131, 3132; Pub. L. 117–81, div. E, title LI, §§ 5102(a), 5103, 5105, Dec. 27, 2021, 135 Stat. 2343, 2345, 2346.)
cite as: 22 USC 2651a