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Code · BILL · 116th Congress · H.R. 3352 (Engrossed in House) — To provide for certain authorities of the Department of State, and for other purposes. · Sec. 107

Sec. 107. Special appointments

907 words·~4 min read·/bill/116/hr/3352/eh/section-107

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Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes the following: A description of the duties, responsibilities, and number of staff of each existing Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, and other similar position at the Department. Recommendations regarding whether to maintain in the Department each such position, including those listed in the report submitted by the Secretary to the Committee on Foreign Relations of the Senate on April 14, 2017, pursuant to section 418 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ), that are not expressly authorized by a provision of law enacted by Congress.
Justifications supporting each of the Secretary’s recommendations under paragraph (2). Not later than 90 days after the submission of the report required under subsection (a), the President shall submit the name of each Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person occupying a similar position at the Department exercising significant authority pursuant to the laws of the United States that is not expressly authorized by a provision of law enacted by Congress who is included in such report to the Committee on Foreign Relations of the Senate to seek the advice and consent of the Senate.
Nothing in this section may be construed as prohibiting the establishment or maintenance of any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position at the Department exercising significant authority pursuant to the laws of the United States if the name of the appointee for each such position is submitted to the Committee on Foreign Relations of the Senate, to seek the advice and consent of the Senate, not later than 90 days after each such appointment.
The Secretary may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Advisor, or a similar position not exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:
A certification that the position is not expected to demand the exercise of significant authority pursuant to the laws of the United States. A description of the duties and purpose of the position. The rationale for giving the specific title to the position. Nothing in this section may be construed as prohibiting the Secretary from renewing for a period not to exceed 180 days any position maintained or established under subsection
(d)if the Secretary complies with the notification requirements contained in such subsection. No funds may be authorized to be appropriated for— any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position at the Department exercising significant authority pursuant to the laws of the United States if the name of the person appointed to such position has not been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate in accordance with subsection (b); or any staff or resources related to such a position until the person appointed to such position has been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate. No funds may be authorized to be appropriated for any position described in subsection
(d)or for any staff or resources related to such position unless the Secretary has complied with the notification requirements under such subsection. The restrictions described in this subsection shall not apply in fiscal year 2020 to positions or associated staff and resources for which funding is expressly appropriated for such fiscal year in an Act of Congress. No Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position at the Department exercising significant authority pursuant to the laws of the United States that is authorized by an Act of Congress (except the position authorized by section 621 of the Tibetan Policy Act of 2002 (subtitle B of title VI of Public Law 107–228 ; 22 U.S.C. 6901 note)) may be appointed without the advice and consent of the Senate. The restriction described in paragraph
(1)shall not apply in fiscal year 2020 to positions or associated staff and resources for which funding is expressly appropriated for such fiscal year in an Act of Congress. Congress finds the following: Congress established the Special Representative and Policy Coordinator for Burma in July 2008 at a time when the United States did not maintain full diplomatic relations with Burma and had not appointed an Ambassador to Burma in 18 years. In 2012, the United States re-established full diplomatic relations with Burma and appointed a United States Ambassador to Burma who, along with the Secretary of State, Assistant Secretary of State for East Asia and the Pacific, and other United States Government officials, represents the United States’ interests in Burma. Section 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note; relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed.
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  • Pub. L. 107-228
  • Pub. L. 110-286
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Sec. 107
Special appointments
Pub. L.Pub. L. 107-228
Pub. L.Pub. L. 110-286
Cites 5Cited by 0 across 0 sources
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