Chapter 38, Section 2651a, Subsection (c) · 22 U.S.C. Chapter 38

Contents

(c)

(1)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)

(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)

(A)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)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)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)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)

(A)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)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)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)

(A)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)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)

(A)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)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—

(I)the adjudication and issuance of passports, visas, and related services;

(II)the protection and welfare of United States citizens and interests abroad;

(III)the provision of consular services by third countries in the absence of a United States consular presence; and

(IV)the determination of United States citizenship or nationality;

(iii)providing guidance and recommendations on related consular issues to Department principals and United States embassies and consulates;

(iv)ensuring responsive and efficient provision of consular services in the United States and overseas;

(v)overseeing and directing the Passport Office and Visa Office; and

(vi)maintaining the security of official consular documentation, in collaboration with the Bureau of Diplomatic Security.

(7)

(A)There shall be in the Department of State an Assistant Secretary for Human Resources who shall be responsible to the Secretary of State, acting through the Under Secretary for Management, for matters relating to human resources, the management and development of the workforce of the Department, and such other related duties as the Secretary may from time to time designate.

(B)In addition to the responsibilities described in subparagraph (A), the Assistant Secretary for Human Resources shall maintain continuous observation and coordination of all matters pertaining to human capital, workforce development and management in the conduct of foreign policy, including, as appropriate—

(i)personnel management, including recruitment, development, evaluation retention, promotion, and retirement;

(ii)the Department of State’s training and development institutions, programs, and responsibilities;

(iii)managing employee experience, relations, and benefits, including addressing grievances, ensuring accessibility, managing accommodations, and administering the Department’s benefits and annuities;

(iv)domestic and overseas assignments policy and administration;

(v)presidential appointments; and

(vi)such other related duties as the Under Secretary for Management may from time to time designate.

(C)Nothing in this paragraph may be construed to conflict with or otherwise overlap with the authorities and responsibilities of the Director General of the Foreign Service as set forth in section 3928 of this title.

(8)

(A)There shall be in the Department of State an Assistant Secretary for East Asian and Pacific Affairs who shall be responsible to the Secretary of State, acting through the Under Secretary for Political Affairs, for—

(i)matters relating to East Asia and the Pacific region; and