Sec. 5105. SPECIAL APPOINTMENT AUTHORITY
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## SEC. 5105 SPECIAL APPOINTMENT AUTHORITY Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by section 6103 of this Act, is further amended by inserting after subsection
(h)the following new subsection: > > ### “(i) Special Appointments > > > #### “(1) Positions exercising significant authority > > The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph
(3)or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate. > > > #### “(2) Positions not exercising significant authority > > The President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or 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) > > A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States. > > > ##### “(B) > > A description of the duties and purpose of the position. > > > ##### “(C) > > The rationale for giving the specific title and function to the position. > > > #### “(3) Limited exception for temporary appointments exercising significant authority > > The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following: > > > ##### “(A) > > The necessity for conferring such title and function. > > > ##### “(B) > > The dates during which such title and function will be held. > > > ##### “(C) > > The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment. > > > ##### “(D) > > All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment. > > > #### “(4) Renewal of temporary appointment > > The President may renew for one period not to exceed 180 days any position maintained or established under paragraph
(3)if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent. > > > #### “(5) Exemption > > Paragraphs
(1)through
(4)shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute. > > > #### “(6) Effective date > > This subsection shall apply to appointments made on or after January 3, 2023.” > .
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Sec. 5105
SPECIAL APPOINTMENT AUTHORITY
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