§ 4861. Inspector General for Department of State

Statutory text

Direction to establish

The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office.

Duties and responsibilities

The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibilities, and to exercise the authorities, stated in section 3929 of this title and in chapter 4 of title 5.

Earmark

Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading “Administration of Foreign Affairs”, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State.

Limitation on appointment

No career member of the Foreign Service, as defined by section 3903 of this title, may be appointed Inspector General of the Department of State.

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.

1986
Omnibus Diplomatic Security and Antiterrorism Act of 1986
Pub. L. 99–399 title IV § 413 · 100 Stat. 853
Enacted · 22 U.S.C. § 4861
Pub. L. 99–399, title IV, § 413, Aug. 27, 1986, 100 Stat. 867
Source evidence
Code source credit
Pub. L. 99–399, title IV, § 413, Aug. 27, 1986, 100 Stat. 867
Enacted provision · exact public law section
SEC. 413. INSPECTOR GENERAL FOR THE DEPARTMENT OF STATE. (a) Inspector General of the Department of State.— (1) Direction to establish.— The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary Reports. of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office. (2) Duties and responsibilities.— The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all 99 Stat. 427. duties and responsibilities, and to exercise the authorities, stated in section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) and in the Inspector General Act of 1978. 5 USC app. (3) Earmark.— Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading “Administration of Foreign Affairs”, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State. (4) Limitation on appointment— No career member of the Foreign Service, as defined by section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903), may be appointed Inspector General of the Department of State. (5) Position at level iv of the executive schedule— Section 5315 of title 5, United States Code (as amended by section 412), is amended by adding at the end thereof the following: “Inspector General, Department of State.”. (6) Conforming amendment— The last sentence of section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) is hereby repealed. (b) Office of Policy and Program Review— (1) Establishment— The Secretary of State shall establish an office to be known as the Office of Policy and Program Review (hereafter in this section referred to as the “Office”). (2) Director— (A) The Office shall be headed by a director, appointed by the Secretary of State, who shall report to and be under the general supervision of the Secretary of State. The director shall be appointed without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their knowledge and experience in the conduct of foreign affairs. (B) The director shall review activities and operations performed under the direction, coordination, and supervision of chiefs of mission (provided in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) for the purpose of ascertaining their consonance with the foreign policy of the United States and their consistency with the responsibilities of the Secretary of State and the chief of mission. This authority shall not preclude the Inspector General of the Department of State from carrying out any function of section 209(g) of the Foreign Service Act of 1980 (22 U.S.C. 3929(g)). (3) Funding for the office— Of the amounts authorized to be appropriated for “Administration of Foreign Affairs” for fiscal year 1987, not more than $4,000,000 shall be available for the purpose of establishing and maintaining the Office. (4) Inspection by office of inspector general— The Office shall be subject to inspection by the Inspector General of the Department of State. (c) Abolishment of the Inspector General of the Department of State and the Foreign Service— Section 150(b) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 3929a), is amended to read as follows: “(b) Abolishment of the Inspector General of the Department of State and the Foreign Service— Notwithstanding section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929), the Inspector General of the Department of State and the Foreign Service is hereby abolished.”.
1987
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
Pub. L. 100–204 title I § 134 · 101 Stat. 1331
1. Struck · 22 U.S.C. § 4861
  Pub. L. 100–204 struck out former subsec. (a) designation and heading “Inspector General of Department of State”
2. Redesignated · 22 U.S.C. § 4861
  Pub. L. 100–204 redesignated former pars. (1) to (5) as subsecs. (a) to (e), respectively
3. Struck · 22 U.S.C. § 4861
  Pub. L. 100–204 struck out former subsec. (b) which related to establishment of the Office of Policy and Program Review. See Codification note above
Source evidence
Code amendment note
Pub. L. 100–204 struck out former subsec. (a) designation and heading “Inspector General of Department of State”, redesignated former pars. (1) to (5) as subsecs. (a) to (e), respectively, and struck out former subsec. (b) which related to establishment of the Office of Policy and Program Review. See Codification note above.
Enacted provision · exact public law section
SEC. 134. REPEAL OF OFFICE OF POLICY AND PROGRAM REVIEW. (a) Repeal.— Subsection (b) of section 413 of the Diplomatic Security Act (22 U.S.C. 4861(b)) is repealed. (b) Conforming Amendments.— Section 413(a) of such Act (22 U.S.C. 4861(a)) is amended— (1) by striking out “(a)” and all that follows through “State.—” and (2) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively.
2022
Pub. L. 117–286 § 4(b)(44) · 136 Stat. 4196
Substituted · 22 U.S.C. § 4861(b)
Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.”
Enacted provision · exact public law section
(44) Section 413(b) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4861(b)) is amended by striking “the Inspector General Act of 1978.” and inserting “chapter 4 of title 5, United States Code.”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, referred to in subsec. (b), is section 150(a) of Pub. L. 99–93, title I, Aug. 16, 1985, 99 Stat. 427, which amended sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, by adding references to the Department and Secretary of State. Subsequent to this amendment, sections 2 and 11 of the Act, which were set out in the Appendix to Title 5, Government Organization and Employees, were significantly amended, and section 11 was renumbered as section 12, prior to their repeal and restatement as sections 402 and 401, respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4208, 4361.

Codification

Section is comprised of section 413 of Pub. L. 99–399, as amended. Subsec. (e), formerly subsec. (a)(5), of section 413 amended section 5315 of Title 5, Government Organization and Employees. A former subsec. (a)(6) of section 413, which amended section 3929 of this title, was repealed by Pub. L. 99–529, title IV, § 405, Oct. 24, 1986, 100 Stat. 3020. Another subsec. (c) of section 413 amended section 3929a of this title.

Amendments1987–2022 · 2 rounds

2022

Subsec. (b). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.”

1987

Pub. L. 100–204 struck out former subsec. (a) designation and heading “Inspector General of Department of State”, redesignated former pars. (1) to (5) as subsecs. (a) to (e), respectively, and struck out former subsec. (b) which related to establishment of the Office of Policy and Program Review. See Codification note above.

Statutory Notes and Related Subsidiaries

Evaluation of Policies and Procedures of Department of State on Protection of Classified Information at Department Headquarters

Pub. L. 107–306, title VIII, § 832, Nov. 27, 2002, 116 Stat. 2431, provided that:

“(a)
Evaluation Required.—
Not later than December 31 of 2002, 2003, and 2004, the Inspector General of the Department of State shall conduct an evaluation of the policies and procedures of the Department on the protection of classified information at the Headquarters of the Department, including compliance with the directives of the Director of Central Intelligence (DCIDs) regarding the storage and handling of Sensitive Compartmented Information (SCI) material.
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“(b)
Annual Report.—
Except as provided in subsection (c), not later than February 1 of 2003, 2004, and 2005, the Inspector General shall submit to the following committees a report on the evaluation conducted under subsection (a) during the preceding year:
“(1)
The congressional intelligence committees.
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“(2)
The Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.
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“(c)
Exception.—
The date each year for the submittal of a report under subsection (b) may be postponed in accordance with section 507(d) of the National Security Act of 1947 [50 U.S.C. 3106(d)], as added by section 811 of this Act.
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“(d)
Congressional Intelligence Committees Defined.—
In this section, the term ‘congressional intelligence committees’ means—
“(1)
the Select Committee on Intelligence of the Senate; and
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“(2)
the Permanent Select Committee on Intelligence of the House of Representatives.”
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[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]

Credits

1986–2022 · 3 acts

1986Pub. L. 99–399, title IV, § 413, Aug. 27, 1986, 100 Stat. 867
1987Pub. L. 100–204, title I, § 134, Dec. 22, 1987, 101 Stat. 1344
2022Pub. L. 117–286, § 4(b)(44), Dec. 27, 2022, 136 Stat. 4348.

Show as published

(Pub. L. 99–399, title IV, § 413, Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–204, title I, § 134, Dec. 22, 1987, 101 Stat. 1344; Pub. L. 117–286, § 4(b)(44), Dec. 27, 2022, 136 Stat. 4348.)