§ 2384. Statutory officers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1961

   Pub. L. 87–195 · 75 Stat. 424

   Enacted · 22 U.S.C. § 2384

   Pub. L. 87–195, pt. III, § 624, Sept. 4, 1961, 75 Stat. 447

   Source evidence

   Code source credit
   Pub. L. 87–195, pt. III, § 624, Sept. 4, 1961, 75 Stat. 447

2. 1962

   Foreign Assistance Act of 1962

   Pub. L. 87–565 · 76 Stat. 255

   1. Redesignated · 22 U.S.C. § 2384(d); 22 U.S.C. § 2384(e)

      Pub. L. 87–565 redesignated subsec. (e) as (d)

   2. Inserted · 22 U.S.C. § 2384(d); 22 U.S.C. § 2384(e)

      Pub. L. 87–565 inserted “, and programs being conducted by United States Government Agencies under sections 1942 to 1945 of this title,” in par. 2(A), and “, and sections 1942 to 1945 of this title,” in pars. (5) and (7)

   3. Repealed · 22 U.S.C. § 2384(d); 22 U.S.C. § 2384(e)

      Pub. L. 87–565 repealed former subsec. (d) which related to the temporary continuation of certain statutory positions

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 87–565 redesignated subsec. (e) as (d), inserted “, and programs being conducted by United States Government Agencies under sections 1942 to 1945 of this title,” in par. 2(A), and “, and sections 1942 to 1945 of this title,” in pars. (5) and (7), and repealed former subsec. (d) which related to the temporary continuation of certain statutory positions.

3. 1963

   Foreign Assistance Act of 1963

   Pub. L. 88–205 § 302(b)(1) · 77 Stat. 379

   Changed · 22 U.S.C. § 2384(a)(2); 22 U.S.C. § 2384(a)(3)

   Pub. L. 88–205, § 302(b)(1), (2), reduced the number of Deputy Under Secretaries from two to one in par. (2), and increased the number of Assistant Secretaries from 9 to 10 in par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 88–205, § 302(b)(1), (2), reduced the number of Deputy Under Secretaries from two to one in par. (2), and increased the number of Assistant Secretaries from 9 to 10 in par. (3).

   Enacted provision · exact public law section
   (1) In subsection (a) (2) strike out “two shall have the rank of Deputy Under Secretaries” and substitute “one shall have the rank of a Deputy Under Secretary”.

4. 1963

   Foreign Assistance Act of 1963

   Pub. L. 88–205 § 302(b)(3) · 77 Stat. 379

   Changed · 22 U.S.C. § 2384(b)

   Pub. L. 88–205, § 302(b)(3), made conforming changes in language to reflect that only one Deputy Under Secretary may now be appointed

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 88–205, § 302(b)(3), made conforming changes in language to reflect that only one Deputy Under Secretary may now be appointed.

   Enacted provision · exact public law section
   (3) In subsection (b) strike out “paragraphs (2) and” and substitute “paragraph”.

5. 1963

   Foreign Assistance Act of 1963

   Pub. L. 88–205 § 302(b)(4) · 77 Stat. 379

   Inserted · 22 U.S.C. § 2384(d)(1)

   Pub. L. 88–205, § 302(b)(4), inserted “who shall be appointed by the President by and with the advice and consent of the Senate,” and increased the salary of the Deputy Inspector General, Foreign Assistance, from $19,500 to $20,000

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 88–205, § 302(b)(4), inserted “who shall be appointed by the President by and with the advice and consent of the Senate,” and increased the salary of the Deputy Inspector General, Foreign Assistance, from $19,500 to $20,000.

   Enacted provision · exact public law section
   (4) In subsection (d) (1) after the words “Deputy Inspector General, Foreign Assistance,” where they first appear insert “who shall be appointed by the President by and with the advice and consent of the Senate,”, and strike out “$19,500” and substitute “$20,000”.

6. 1964

   Government Employees Salary Reform Act of 1964

   Pub. L. 88–426 § 305(42) · 78 Stat. 400

   Repealed · 22 U.S.C. § 2384(a)

   Pub. L. 88–426, § 305(42), repealed provisions which related to the appointment of an Under Secretary, Deputy Under Secretary and ten Assistant Secretaries and prescribed their rates of compensation

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–426, § 305(42), repealed provisions which related to the appointment of an Under Secretary, Deputy Under Secretary and ten Assistant Secretaries and prescribed their rates of compensation.

   Enacted provision · exact public law section
   (42) That part of section 624(a) of the Foreign Assistance Act of 1961 (75 Stat. 447; 22 U.S.C. 2384(a)), relating to the compensation of twelve officers in the agency primarily responsible for administering part I of such Act, which reads: “of whom— “(1) one shall have the rank of an Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Under Secretary of an executive department; “(2) one shall have the rank of Deputy Under Secretary and shall be compensated at. a rate not to exceed the rate authorized by law for any Deputy Under Secretary of an executive department; and “(3) ten shall have the rank of Assistant Secretaries and shall be compensated at a rate not to exceed the rate authorized by law for any Assistant Secretary of an executive department,”.

7. 1964

   Government Employees Salary Reform Act of 1964

   Pub. L. 88–426 § 305(33) · 78 Stat. 400

   Repealed · 22 U.S.C. § 2384(d)(1)

   Pub. L. 88–426, § 305(33), repealed provisions which prescribed the compensation of the Inspector General, Deputy Inspector General and Assistant Inspector Generals. See section 5315 of Title 5, Government Organization and Employees

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 88–426, § 305(33), repealed provisions which prescribed the compensation of the Inspector General, Deputy Inspector General and Assistant Inspector Generals. See section 5315 of Title 5, Government Organization and Employees.

   Enacted provision · exact public law section
   (33) The last sentence of section 624(d)(1) of the Foreign Assistance Act, of 1961 (75 Stat. 447; 22 U.S.C. 2384(d)(1)), as amended, fixing the compensation of certain officials in the Department of State, which reads: “The Inspector General, Foreign Assistance, shall receive compensation at the rate of $20,000 annually; the Deputy Inspector General, Foreign Assistance, shall receive compensation at the rate of $20,000 annually, and each Assistant Inspector General, Foreign Assistance, shall receive compensation at the rate of $19,000 annually.”.

8. 1965

   Foreign Assistance Act of 1965

   Pub. L. 89–171 § 302(b)(1) · 79 Stat. 653

   1. Struck · 22 U.S.C. § 2384(b)

      Pub. L. 89–171, § 302(b)(1), struck out “paragraph (3) of” before “subsection (a) of this section” the second time it appears

   2. Substituted · 22 U.S.C. § 2384(b)

      Pub. L. 89–171, § 302(b)(1), substituted “of one or more of said officers” for “of the officers provided for in paragraphs (1) and (2) of that subsection”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–171, § 302(b)(1), struck out “paragraph (3) of” before “subsection (a) of this section” the second time it appears and substituted “of one or more of said officers” for “of the officers provided for in paragraphs (1) and (2) of that subsection”.

   Enacted provision · exact public law section
   (1) In subsection (b), strike out “paragraph (3) of” and “of the officers provided tor in paragraphs fl) and (2) of that subsection”, and substitute for the latter “of one or more of said officers”.

9. 1965

   Foreign Assistance Act of 1965

   Pub. L. 89–171 § 302(b)(2) · 79 Stat. 653

   Substituted · 22 U.S.C. § 2384(d)(2)(A); 22 U.S.C. § 2384(d)(2)(5); 22 U.S.C. § 2384(d)(2)(7)

   Pub. L. 89–171, § 302(b)(2), substituted “the Latin American Development Act, as amended” for “Public Law 86–735”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A), (5), (7). Pub. L. 89–171, § 302(b)(2), substituted “the Latin American Development Act, as amended” for “Public Law 86–735”.

   Enacted provision · exact public law section
   (2) In subsection (d), strike out “Public Law 86–735” wherever it appears and substitute “the Latin American Development Act, 22 USC 1942 note. 76 Stat. 262; 78 Stat. 1014. 22 USC 2385. as amended”.

10. 1966

    Foreign Assistance Act of 1966

    Pub. L. 89–583 · 80 Stat. 795

    Added · 22 U.S.C. § 2384(d)(8)

    Pub. L. 89–583 added par. (8)

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 89–583 added par. (8).

11. 1967

    Foreign Assistance Act of 1967

    Pub. L. 90–137 · 81 Stat. 445

    Struck · 22 U.S.C. § 2384(d)(2)(B)

    Pub. L. 90–137 struck out “of assistance” after “programs” in two places

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 90–137 struck out “of assistance” after “programs” in two places.

12. 1969

    Foreign Assistance Act of 1969

    Pub. L. 91–175 § 304(1) · 83 Stat. 805

    1. Inserted · 22 U.S.C. § 2384(d)(2)(A)

       Pub. L. 91–175, § 304(1), inserted provision including the Overseas Private Investment Corporation in Inspector General’s reviews and audits

    2. Inserted · 22 U.S.C. § 2384(d)(2)(A)

       Pub. L. 91–175, § 304(1), inserted provision authorizing the conduct of such reviews and audits for programs under section 290f of this title

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 91–175, § 304(1), inserted provision including the Overseas Private Investment Corporation in Inspector General’s reviews and audits, and inserted provision authorizing the conduct of such reviews and audits for programs under section 290f of this title.

    Enacted provision · exact public law section
    (1) by inserting in paragraph (2)(A), after the words “under 75 Stat. 447; 76 Stat. 262. 22 USC 2384. part I of this Act”, the following: “(including the Overseas Private Investment Corporation), and under part IV of the Foreign Assistance Act of 1969 (the Inter-American Social Development Institute)”;

13. 1969

    Foreign Assistance Act of 1969

    Pub. L. 91–175 § 304(2) · 83 Stat. 805

    Changed · 22 U.S.C. § 2384(d)(5); 22 U.S.C. § 2384(d)(7)

    Pub. L. 91–175, § 304(2), (3), included section 290f of this title within provisions of this section

    Source evidence

    Code amendment note
    Subsec. (d)(5), (7). Pub. L. 91–175, § 304(2), (3), included section 290f of this title within provisions of this section.

    Enacted provision · exact public law section
    (2) by inserting in paragraph (5), before the period at the end of the first sentence, the following: “and part IV of the Foreign Assistance Act of 1969”; and

14. 1972

    Foreign Assistance Act of 1971

    Pub. L. 92–226 · 86 Stat. 20

    Added · 22 U.S.C. § 2384(e)

    Pub. L. 92–226 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 92–226 added subsec. (e).

15. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title III § 301(b) · 90 Stat. 729

    Added · 22 U.S.C. § 2384(f)

    Pub. L. 94–329 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 94–329 added subsec. (f).

    Enacted provision · exact public law section
    (b) Section 624 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: “(f) (1) There is established in the Department of State a Coordinator for Human Rights and Humanitarian Affairs. The Coordinator shall be appointed by the President with the advice and consent of the Senate. He shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility Ante, p. 748. under section 502B of this Act through the Coordinator for Human Rights and Humanitarian Affairs. “(2) The Coordinator for Human Rights and Humanitarian Affairs shall maintain continuous observation and review of all matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy including— “(A) gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements 22 USC 2151n. of sections 116 and 502B of this Act are relevant; “(B) preparing the statements and reports to Congress required under section 502B of this Act; “(C) making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502B of this Act; and “(D) performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.”.

16. 1977

    International Development and Food Assistance Act of 1977

    Pub. L. 95–88 title I § 124(a)(1) · 91 Stat. 533

    Struck · 22 U.S.C. § 2384(d)

    Pub. L. 95–88 struck out subsec. (d) which provided for an Inspector General, Foreign Assistance

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–88 struck out subsec. (d) which provided for an Inspector General, Foreign Assistance.

    Enacted provision · exact public law section
    (1) Section 624(d) of the Foreign Assistance Act of Repeal. 22 USC 2384. 1961 is repealed.

17. 1977

    Foreign Relations Authorization Act, Fiscal Year 1978

    Pub. L. 95–105 § 109(a)(1)(A) · 91 Stat. 844

    Substituted · 22 U.S.C. § 2384(f)(1)

    Pub. L. 95–105, § 109(a)(1)(A), substituted references to the Assistant Secretary of State for Human Rights and Humanitarian Affairs for references to the Coordinator for Human Rights and Humanitarian Affairs

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 95–105, § 109(a)(1)(A), substituted references to the Assistant Secretary of State for Human Rights and Humanitarian Affairs for references to the Coordinator for Human Rights and Humanitarian Affairs.

    Enacted provision · exact public law section
    (A) Paragraph (1) of section 624(f) of the Foreign Assistance Act of 1961 is amended to read as follows: “(f) (1) There shall be in the Department of State an Assistant Secretary of State for Human Rights and Humanitarian Affairs who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of Infra. this Act through the Assistant Secretary.”.

18. 1977

    Foreign Relations Authorization Act, Fiscal Year 1978

    Pub. L. 95–105 § 109(a)(1)(B) · 91 Stat. 844

    Substituted · 22 U.S.C. § 2384(f)(2)

    Pub. L. 95–105, § 109(a)(1)(B), substituted “Assistant Secretary of State” for “Coordinator”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 95–105, § 109(a)(1)(B), substituted “Assistant Secretary of State” for “Coordinator”.

    Enacted provision · exact public law section
    (B) Paragraph (2) of such section 624(f) is amended by striking out “Coordinator” and inserting in lieu thereof “Assistant Secretary of State”.

19. 1978

    Pub. L. 95–424 title V § 504 · 92 Stat. 937

    Added · 22 U.S.C. § 2384(g)

    Pub. L. 95–424 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 95–424 added subsec. (g).

    Enacted provision · exact public law section
    Sec. 504. Section 624 of the Foreign Assistance Act of 1961 is Appointment. 22 USC 2384. amended by adding at the end thereof the following new subsection: “(g) (1) In addition to the officers provided for in subsection (a) of this section, there shall be an Auditor General who shall be appointed by the Administrator of the agency primarily responsible for administering part I of this Act. The Auditor General shall be 22 USC 2151. compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. “(2) The Auditor General shall report to and be under the direct supervision of the Administrator. “(3) The Auditor General shall, with respect to the duties and responsibilities of the agency primarily responsible for administering part I of this Act and subject to the authority of the Administrator of such agency, supervise, direct, and control all audit and investigative activities relating to the programs and operations of the agency. “(4) The Auditor General shall submit an annual report to the Annual reports. Administrator. This report shall be provided to the Congress without further clearance or approval as part of the annual report required by section 634 of this Act. Ante, p. 957. “(5) In the execution of the responsibilities and duties assigned in paragraph (3) of this subsection, the Auditor General shall have (A) access to all records, reports, papers, and documents of the agency and its administrative subdivisions, and (B) authority to request such information or assistance as necessary for carrying out the duties set forth in this subsection from any Federal, State, or local governmental agency or unit thereof, and from contractors, grantees, and loan recipients of the agency.”.

20. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 title VII § 706 · 94 Stat. 3131

    1. Substituted · 22 U.S.C. § 2384(g)

       Pub. L. 96–533 substituted in pars. (1) to (5) “Inspector General” for “Auditor General” wherever appearing; in par. (3), imposed upon the Inspector General requirement of supervising, directing, and controlling security activities, including audit, investigative, and security activities relating to programs and operations within the United States International Development Cooperation Agency; in par. (4) required submission of an annual report to the Director;

    2. Added · 22 U.S.C. § 2384(g)

       Pub. L. 96–533 added pars. (6) to (9)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 96–533 substituted in pars. (1) to (5) “Inspector General” for “Auditor General” wherever appearing; in par. (3), imposed upon the Inspector General requirement of supervising, directing, and controlling security activities, including audit, investigative, and security activities relating to programs and operations within the United States International Development Cooperation Agency; in par. (4) required submission of an annual report to the Director; and added pars. (6) to (9).

    Enacted provision · exact public law section
    Sec. 706. inspector general Section 624(g) of the Foreign Assistance Act of 1961 is amended— (1) by striking out “Auditor General” each place it appears and inserting in lieu thereof “Inspector General”; (2) in paragraph (3)— (A) by striking out “and investigative” and inserting in lieu thereof “, investigative, and security”; and (B) by adding at the end thereof the following: “In addition, to the extent requested by the Director of the United States International Development Cooperation Agency (after consultation with the Administrator), the Inspector General shall with respect to the duties and responsibilities of that Agency supervise, direct, and control all audit, investigative, and security activities relating to programs and operations within the United States International Development Cooperation Agency.”; (3) in paragraph (4) by inserting “and the Director” immediately after “Administrator”; and (4) by adding at the end thereof the following: “(6) The Inspector General shall have the authority to require by subpena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of functions under this subsection. Any such subpena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. Procedures other than subpenas shall be used to obtain documents and information from agencies of the United States Government. “(7) In carrying out the responsibilities specified in paragraph (3), the Inspector General shall— “(A) comply with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions; “(B) establish guidelines for determining when it is appropriate to use non-Federal auditors; and “(C) take appropriate steps to assure that any work performed by non-Federal auditors complies with the standards established by the Comptroller General as described in subparagraph (A). “(8) The Administrator shall provide the Inspector General with appropriate and adequate office space at central and field office locations of the agency primarily responsible for administering part I 22 USC 2151. of this Act, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices and the equipment and facilities located in such offices. In establishing and staffing such field offices, the Administrator shall not be bound by overseas personnel ceilings established under the Monitoring Overseas Direct Employment policy. “(9) (A) The Inspector General may receive and investigate complaints Complaints or information. or information from any employee of or under the United States International Development Cooperation Agency concerning the possible existence of an activity constituting a violation of law, rules, or regulations, constituting mismanagement, gross waste of funds, abuse of authority, or constituting a substantial and specific danger to the public health and safety. “(B) The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. “(C) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action shall not exercise or threaten to exercise such authority in order to take any action against any employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.”.

21. 1981

    Pub. L. 97–113 title VII § 705(b)(1) · 95 Stat. 1519

    Struck · 22 U.S.C. § 2384(g)

    Pub. L. 97–113 struck out subsec. (g) which related to the Inspector General and the duties, responsibilities, and compensation of such official. See sections 2, 8A, and 11 of the Inspector General Act of 1978, Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, set out in the Appendix to Title 5, Government Organization and Employees

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 97–113 struck out subsec. (g) which related to the Inspector General and the duties, responsibilities, and compensation of such official. See sections 2, 8A, and 11 of the Inspector General Act of 1978, Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, set out in the Appendix to Title 5, Government Organization and Employees.

    Enacted provision · exact public law section
    (1) Section 624(g) of the Foreign Assistance Act of 1961 is repealed.

22. 1983

    Pub. L. 98–164 title X § 1002(b) · 97 Stat. 1017

    Inserted · 22 U.S.C. § 2384(f)(2)(C)

    Pub. L. 98–164 inserted provisions relating to providing advice to the Administrator of the Agency for International Development on policy framework

    Source evidence

    Code amendment note
    Subsec. (f)(2)(C). Pub. L. 98–164 inserted provisions relating to providing advice to the Administrator of the Agency for International Development on policy framework.

    Enacted provision · exact public law section
    (b) Section 624(f)(2) of such Act (22 U.S.C. 2384(f)(2)) is amended by inserting immediately before the semicolon at the end of subparagraph (C) the following: “, 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 Supra. under which section 116(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects”.

23. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 title I § 162(e)(4) · 108 Stat. 382

    Struck · 22 U.S.C. § 2384(f)

    Pub. L. 103–236 struck out subsec. (f) which provided for an Assistant Secretary of State for Human Rights and Humanitarian Affairs and prescribed the Assistant Secretary’s duties

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–236 struck out subsec. (f) which provided for an Assistant Secretary of State for Human Rights and Humanitarian Affairs and prescribed the Assistant Secretary’s duties.

    Enacted provision · exact public law section
    (4) in section 624 by striking subsection (f). 22 USC 2384.

    Effective date note
    Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

21 of 28 references resolved to an enrolled provision · 7 partial