Organization of Department of State
Secretary of State
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”).
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.
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.
The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer.
The Secretary shall not have any authority given expressly to diplomatic or consular officers.
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.
Under Secretaries
In general
Under Secretary for Arms Control and International Security
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—
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;
ensure the design and implementation of appropriate program evaluation methodologies;
provide guidance to Department personnel in the United States and overseas who conduct or implement public diplomacy policies, programs, and activities;
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
submit statements of United States policy and editorial material to the Broadcasting Board of Governors for broadcast consideration.
Nomination of Under Secretaries
Assistant Secretaries
In general
Assistant Secretary of State for Democracy, Human Rights, and Labor
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.
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:
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.
Preparing the statements and reports to Congress required under section 2304 of this title.
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.
Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.
Assistant Secretary for economic and business matters
In general
Matters contemplated
The matters referred to in subparagraph (A) include the following:
International trade and investment policy.
International finance, economic development, and debt policy.
Economic sanctions and combating terrorist financing.
International transportation policy.
Support for United States businesses.
Economic policy analysis and private sector outreach.
International data privacy and innovation policies.
Such other related duties as the Secretary may from time to time designate.
Nomination of Assistant Secretaries
Other senior officials
Coordinator for Counterterrorism
In general
Duties
In general
Duties described
Rank and status of Ambassador
HIV/AIDS Response Coordinator
In general
Authorities and duties; definitions
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—
to operate internationally to carry out prevention, care, treatment, support, capacity development, and other activities for combatting HIV/AIDS;
to transfer and allocate funds to relevant executive branch agencies; and
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.
Duties
In general
Specific duties
The duties of the Coordinator shall specifically include the following:
Ensuring program and policy coordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs.
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.
Avoiding duplication of effort.
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—
meeting regularly to review progress in partner countries toward HIV/AIDS prevention, treatment, and care objectives;
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;
assisting the Coordinator in the evaluation, execution, and oversight of country operational plans;
reviewing policies that may be obstacles to reaching targets set forth for HIV/AIDS prevention, treatment, and care; and
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.
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.
Resolving policy, program, and funding disputes among the relevant executive branch agencies.
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.
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.
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
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.
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.
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.
Publicizing updated drug pricing data to inform the purchasing decisions of pharmaceutical procurement partners.
Definitions
In this paragraph:
AIDS
HIV
HIV/AIDS
Relevant executive branch agencies
Qualifications of certain officers of the Department of State
Officer having primary responsibility for personnel management
Officer having primary responsibility for diplomatic security
Officer having primary responsibility for international narcotics and law enforcement
Source
(Aug. 1, 1956, ch. 841, title I, § 1, 70 Stat. 890; renumbered title I and amended Pub. L. 97–241, title II, § 202(a),Notes
Editorial Notes
References in Text
Codification
Amendments
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 2012 Amendment
Effective Date of 1998 Amendment
Effective Date of 1994 Amendment
Effective Date of 1982 Amendment
Additional Paid Leave To Address Employee Hardships Resulting From Coronavirus
Oaths of Office Administered Remotely
Coordinator of United States Government Activities Providing Basic Education Assistance in Developing Countries
Coordinator.—
There shall be established within the Department of State in the immediate office of the Director of United States Foreign Assistance, a Coordinator of United States Government activities to provide basic education assistance in developing countries (hereinafter in this section referred to as the ‘Coordinator’).
Responsibilities.—
That [sic] the Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government that provide assistance in developing countries for basic education. The individual serving as the Coordinator may not hold any other position in the Federal Government during the individual’s time of service as Coordinator.”
Advisor for Activities Relating to Indigenous Peoples Internationally
Advisor.—
After consultation with the Committees on Appropriations and not later than 90 days after the enactment of this Act [
Responsibilities.—
The Advisor shall:
Advise the Director of United States Foreign Assistance and the Administrator of the United States Agency for International Development on matters relating to the rights and needs of indigenous peoples internationally and should represent the United States Government on such matters in meetings with foreign governments and multilateral institutions.
Provide for the oversight and coordination of all resources, programs, projects, and activities of the United States Government to protect the rights and address the needs of indigenous peoples internationally.
Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments (including support for local indigenous peoples’ organizations).
Funds.—
Of the funds appropriated by this Act under the heading ‘Diplomatic and Consular Programs’ [121 Stat. 2277], not less than $250,000 shall be made available for implementing the provisions of this section.
Report.—
Not later than one year after the enactment of this Act [
Consultation
Office of the Coordinator for Reconstruction and Stabilization
cataloguing and monitoring the non-military resources and capabilities of Executive agencies (as that term is defined in section 105 of title 5, United States Code), State and local governments, and entities in the private and non-profit sectors that are available to address crises in countries or regions that are in, or are in transition from, conflict or civil strife;
monitoring political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for countries or regions described in paragraph (1);
assessing crises in countries or regions described in paragraph (1) and determining the appropriate non-military United States, including but not limited to demobilization, policing, human rights monitoring, and public information efforts;
planning for response efforts under paragraph (3);
coordinating with relevant Executive agencies the development of interagency contingency plans for such response efforts; and
coordinating the training of civilian personnel to perform stabilization and reconstruction activities in response to crises in such countries or regions described in paragraph (1).”
Comprehensive Workforce Plan
‘Rightsizing’ at the Department of State.—
In general.—
The Secretary shall establish a task force within the Department on the issue of ‘rightsizing’ overseas posts.
Preliminary report.—
Not later than 120 days after the date of the enactment of this Act [
The objectives of the task force.
Measures for achieving the objectives under subparagraph (A).
Identification of the official of the Department with primary responsibility for the issue of ‘rightsizing’.
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.
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).
Interagency Working Group.—
Establishment.—
The Secretary shall establish an interagency working group on the issue of ‘rightsizing’ the overseas presence of the United States Government.
Preliminary report.—
Not later than 120 days after the date of the enactment of this Act [
The objectives of the working group.
Measures for achieving the objectives under subparagraph (A).
Identification of the official of each agency with primary responsibility for the issue of ‘rightsizing’.
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
Use of Funds Authorized for Minority Recruitment
Conduct of Recruitment Activities.—
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.
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.
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.
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
Science and Technology Adviser to Secretary of State
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.
Duties.—
The Adviser shall—
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
perform such duties, exercise such powers, and have such rank and status as the Secretary of State shall prescribe.”