§ 2651a. Organization of Department of State

§ 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 public diplomacy policies and activities, including international educational and cultural exchange programs. 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;

(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;

(G) lead and direct public diplomacy activities;

(H) lead, synchronize, and coordinate efforts to recognize, understand, expose, and counter foreign information manipulation and malign activities, including through efforts to limit the foreign propaganda and disinformation efforts of adversaries, and coordinate those efforts across Federal departments and agencies;

(I) support global access to free information and internet freedom, in coordination with other relevant bureaus, in countries where the government has limited access to free and open internet by restricting access to internet browsers, websites, or other means of accessing the internet;

(J) oppose censorship by foreign adversaries;

(K) ensure implementation of the annual strategic plan for public diplomacy in collaboration with overseas posts and regional and functional bureaus of the Department;

(L) serve as chair of interagency meetings on public diplomacy to align messaging, and lead and coordinate with members of the Group of Seven;

(M) ensure that educational and cultural affairs programming shall be nonpolitical in character and shall be balanced and representative of the diversity of American political, social, and cultural life and that academic and cultural programs maintain scholarly integrity and meet the highest standards of academic excellence or artistic achievement;

(N) support non-state actors abroad, including independent media and civil society groups, that are working to expose and counter foreign malign influence narratives, tactics, and techniques, including those originating in the Russian Federation, the People’s Republic of China, North Korea, or Iran; and

(O) ensure the Department does not fund organizations engaging in partisan political activity in the United States.

(4) Under Secretary for Management

(A) In general There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Management who shall assist the Secretary of State and the Deputy Secretary of State on matters related to the management and administration of the Department, and such other related duties as the Secretary may from time to time designate.

(B) Responsibilities In addition to the responsibilities described in subparagraph (A), the Under Secretary for Management shall maintain continuous observation and coordination of all matters pertaining to the management, development, and administration of the Department of State in the conduct of foreign policy, including, as appropriate—

(i) acquisitions and asset management;

(ii) human resources and personnel management;

(iii) matters related to the clinical, occupational, and mental health programs of the Department;

(iv) information technology and communications systems, including policies and directives to achieve and maintain interoperable communications among the components of the Department;

(v) domestic and overseas facilities, property, equipment, vehicle fleets, and other material resources;

(vi) security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources; and

(vii) consular affairs and services.

(5) Under Secretary for Political Affairs

(A) Establishment There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary of State for Political Affairs who shall assist the Secretary of State and the Deputy Secretary of State on matters relating to regional and bilateral diplomacy, and such other related duties as the Secretary may from time to time designate.

(B) Responsibilities In addition to the responsibilities described under subsection (a), the Under Secretary for Political Affairs shall maintain continuous observation and coordination of all matters pertaining to the implementation of the foreign policy of the United States, including, as appropriate, coordinating with the other Under Secretaries of State in implementing foreign policy.

(6) 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) Assistant Secretary for Administration

(A) In general There shall be in the Department of State an Assistant Secretary for Administration who shall be responsible to the Secretary of State, acting through the Under Secretary for Management, for matters relating to enterprise logistics, knowledge management, acquisition, and other operational services worldwide in support of United States foreign policy, and such other related duties as the Secretary may from time to time designate.

(B) Responsibilities In addition to the responsibilities described in subparagraph (A), the Assistant Secretary for Administration shall maintain continuous observation and coordination of all matters pertaining to administrative matters of the Department of State in the conduct of foreign policy, including, as appropriate—

(i) providing global logistics and support for the people and programs of United States Missions, including policies and procedures to administer government-wide allowances;

(ii) managing the Department’s domestic safety, occupational health, multimedia services, general services, and global publishing;

(iii) providing planning, training, and exercises of emergency management to ensure preparedness for the Department’s leadership and workforce; and

(iv) ensuring the Department safeguards privacy and promotes transparency through compliance, advice, training, collaboration, and records management, including public requests to access Department records.

(6) Assistant Secretary for Consular Affairs

(A) In general There shall be in the Department of State an Assistant Secretary for Consular Affairs who shall be responsible to the Secretary of State, acting through the Under Secretary for Management, for matters relating to consular affairs, including, as appropriate, leading the coordination of programs carried out by Federal departments and agencies overseas, and such other related duties as the Secretary may from time to time designate.

(B) Responsibilities The Assistant Secretary for Consular Affairs shall maintain continuous observation and coordination of all matters pertaining to consular functions in the conduct of foreign policy, including, as appropriate—

(i) formulating and implementing policy relating to immigration, provision of consular services, and determination of United States citizenship;

(ii) developing, revising, implementing, and directing policies, procedures, and regulations, including—