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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 3927a. Review by chief of mission

Statutory text

(a)

Review of staff element under chief of mission authority; approval; process

The Secretary of State shall require each chief of mission to review, not less than once every 5 years, every staff element under chief of mission authority, including staff from other departments or agencies of the United States, and recommend approval or disapproval of each staff element. Each such review shall be conducted pursuant to a process established by the President for determining appropriate staffing at diplomatic missions and overseas constituent posts (commonly referred to as the “NSDD–38 process”).

(b)

Actions by Secretary of State

The Secretary of State, as part of the process established by the President referred to in subsection (a), shall take actions to carry out the recommendations made in each such review.

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. Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 div. B title IV § 409 · 118 Stat. 2809

    Enacted · 22 U.S.C. § 3927a

    Pub. L. 108–447, div. B, title IV, § 409, Dec. 8, 2004, 118 Stat. 2904

    Source evidence

    Code source credit
    Pub. L. 108–447, div. B, title IV, § 409, Dec. 8, 2004, 118 Stat. 2904

    Enacted provision · exact public law section
    Sec. 409. (a) 22 USC 3927a. The Secretary of State shall require each chief of mission to review, not less than once every 5 years, every staff element under chief of mission authority, including staff from other departments or agencies of the United States, and recommend approval or disapproval of each staff element. Each such review shall be conducted pursuant to a process established by the President for determining appropriate staffing at diplomatic missions and overseas constituent posts (commonly referred to as the “NSDD–38 process”). (b) The Secretary of State, as part of the process established by the President referred to in subsection (a), shall take actions to carry out the recommendations made in each such review. (c) Deadline. Reports. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State.

  2. Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012

    Pub. L. 112–74 div. I title VII § 7034(n) · 125 Stat. 1217

    Struck · 22 U.S.C. § 3927a(c)

    Pub. L. 112–74 struck out subsec. (c). Prior to amendment, text read as follows: “Not later than 1 year after December 8, 2004, and annually thereafter, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–74 struck out subsec. (c). Prior to amendment, text read as follows: “Not later than 1 year after December 8, 2004, and annually thereafter, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State.”

    Enacted provision · exact public law section
    (n) Reports Repealed.— Section 133(d) of Public Law 87–195; section 807 of Public Law 98–164; section 704(c) of Public Law 101–179; section 104 of Public Law 102–511; section 560(g) of Public Law 103–87; section 514(a) of Public Law 103–236; section 605(c) of Appendix G, Public Law 106–113; sections 3203 and 3204(f) of division B of Public Law 106–246; section 564(g)(4) of Public Law 106–429; sections 694(a), 694(b), 704 and 1321 of Public Law 107–228; and section 409(c) of Public Law 108–447 22 USC 2152c, 4506, 5474, 5814 and note, 1928 note, 4865 note, 2656 note, 2291 note, 5952 note, 3927a. are hereby repealed.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Foreign Service Act of 1980 which comprises this chapter.

Amendments

2011—Subsec. (c). Pub. L. 112–74 struck out subsec. (c). Prior to amendment, text read as follows: “Not later than 1 year after , and annually thereafter, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State.”

Credits

2004–2011 · 2 acts
  1. 2004Pub. L. 108–447, div. B, title IV, § 409, , 118 Stat. 2904
  2. 2011Pub. L. 112–74, div. I, title VII, § 7034(n), , 125 Stat. 1217.
Show as published

(Pub. L. 108–447, div. B, title IV, § 409, , 118 Stat. 2904; Pub. L. 112–74, div. I, title VII, § 7034(n), , 125 Stat. 1217.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s3927a