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1. Authorizations and Appropriations

a. Establishment of the Department of State Revised Statutes, as amended, derived from Act of July 27, 1789 (1 Stat. 28), Act of

September 15, 1789 (1 Stat. 68), Act of September 23, 1789 (1 Stat. 97), Act of March 9, 1868 (15 Stat. 40) and Act of June 8, 1872 (17 Stat. 287).

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SEC. 199.1 There shall be at the seat of Government an Executive Department to be known as the Department of State, and a Secretary of State, who shall be the head thereof.

SEC. 200 *** [Obsolete)
Sec. 201 * (Obsolete)

Sec. 202.2 The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the department, and he shall conduct the business of the department in such manner as the President shall direct.

SEC. 203.3 The Secretary of State shall have the custody and charge of the seal of the Department of State, and of all the books, records, papers, furniture, fixtures, and other property which on June 22, 1874, remained in and appertained to the Department, or were thereafter acquired for it.

SEC. 204 * * * (Obsolete) )
Sec. 205 *** [Obsolete)

1 22 U.S.C. 2651, R.S. Section 199, derived from Acts of July 27, 1789 (1 Stat. 28), and September 15, 1789 (1 Stat. 68)

Section 2 of Public Law 96-241 (94 Stat. 343; 22 U.S.C. 2651 note) provided:

"Sec. 2. (a) Any person aggrieved by an action of the Secretary of State may bring a civil action in an appropriate United States district court to contest the constitutionality of the ap pointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office.

"b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. Any review of the action of a court convened pursuant to such section shall be by petition of certiorari to the Supreme Court.

"(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.

"(d) This section applies only with respect to the Secretary of State who is first appointed to that office after the enactment of this Act (May 3, 1980).”.

2 22 U.S.C. 2656, R.S. Section 202, derived from Acts of July 27, 1789 (1 Stat. 28), and September 15, 1789 (1 Stat. 68).

3 22 U.S.C. 2657, R.S. Section 203, derived from Acts of July 27, 1789 (1 Stat. 29), and September 15, 1789 (1 Stat. 69).

Sec. 206.4 The Secretary of State shall procure from time to tir such of the statutes of the several States as may not be in } office.

SEC. 207-9 * * * [Obsolete]

Sec. 210.5 The Secretary of State shall furnish to the Pub Printer a correct copy of every treaty between the United Stat and any foreign government as soon as possible after it has bee duly ratified and has been proclaimed by the President; and also every postal convention made between the United States Post Service, by and with the advice and consent of the President, the part of the United States and foreign countries, as soon as po sible after copies of such conventions have been transmitted to hi by the United States Postal Service.

4 22 U.S.C. 2659, R.S. Section 206, derived from Act of September 23, 1789 (1 Stat. 97).

5 22 U.S.C. 2660, R.S. 210, derived from Acts of March 9, 1868 (15 Stat. 40) and June 8, 1872 (17 Stat. 287). The Reorganization Plan No. 20 of 1950 transferred to the Administrator of General Services a requirement of the Secretary of State to furnish “a correct copy of every act and joint resolution, as soon as possible after its approval by the President, or after it has become a law in accordance with the Constitution without such approval;

b. State Department Basic Authorities Act of 1956 Publie Law 84-885 (S. 2569), 70 Stat. 890, approved August 1, 1956; as amended by

Public Law 86-624 (H.R. 11602), 74 Stat. 411, approved July 12, 1960; Public Law 86-707 (H.R. 7758), 74 Stat. 800, approved September 6, 1960; Public Law 86-723 (S. 2633), 74 Stat. 847, approved September 8, 1960; Public Law 87-565 (Foreign Assistance Act of 1962, S. 2996), 76 Stat. 263, approved August 1, 1962; Public Law 88–205 (Foreign Assistance Act of 1963, H.R. 7885), 77 Stat. 391, approved December 16, 1963; Public Law 92-226 (Foreign Assistance Act of 1971, S. 2819), 86 Stat. 20, approved February 7, 1972; Public Law 92-352 [Foreign Relations Authorization Act of 1972, H.R. 14734), 86 Stat. 489, approved July 13, 1972; Public Law 93-475 (State Department Authorization Act, Fiscal Year 1975; S. 3473), 88 Stat. 1439, approved October 26, 1974; Public Law 94-141 (Foreign Relations Authorization Act, Fiscal Year 1976; S. 1517), 89 Stat. 756, approved November 29, 1975; Public Law 94-350 (Foreign Relations Authorization Act, Fiscal Year 1977; S. 3168), 90 Stat. 823, approved July 12, 1976; Public Law 95-45 [H.R. 5010), 91 Stat. 221, approved June 15, 1977; Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689), 91 Stat. 844, approved August 17, 1977; Public Law 95-426 (Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598), 92 Stat. 963, approved October 7, 1978; Public Law 96-60 [Foreign Relations Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363), 93 Stat. 395, approved August 15, 1979; Public Law 96-465 (Foreign Service Act of 1980, H.R. 6790), 94 Stat. 2071 at 2153 and 2160, approved October 17, 1980; Public Law 97-241 (Department of State Authorization Act, Fiscal Years 1982 and 1983 ; S. 1193), 96 Stat. 273, approved August 24, 1982; Public Law 98–164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2195), 97 Stat. 1017, approved November 22, 1983; Public Law 98-533 (1984 Act to Combat International Terrorism, H.R. 6311), 98 Stat. 2706, approved October 19, 1984; Public Law 98-618 [Intelligence Authorization Act for Fiscal Year 1985, H.R. 5399), 98 Stat. 3298, approved November 8, 1984; Public Law 99-93 (Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068), 99 Stat. 405, approved August 16, 1985; Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act, H.R. 4151 ), 100 Stat. 871 approved August 27, 1986; Public Law 99-569 (Intelligence Authorization Act for Fiscal Year 1987, H.R. 4759), 100 Stat. 3190, approved October 27, 1986; Public Law 100-204 (Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777), 101 Stat. 1331, approved December 22, 1987; Public Law 100-690 (International Narcotics Control Act of 1988, H.R. 5210), 102 Stat. 4181 at 4287, approved November 18, 1988; Public Law 101-231 (International Narcotics Control Act of 1989, H.R. 3611), 103 Stat. 1954, approved December 13, 1989; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792), 104 Stat. 15, approved February 16, 1990; and by Public Law 101-649 (Immigration Act of 1990; S. 358), 104 Stat. 4978, approved November 29, 1990; Public Law 102–20 (Foreign Relations Persian Gulf Conflict Emergency Supplemental Authorization Act, Fiscal Year 1991; H.R. 1176), 105 Stat. 68, approved March 27, 1991; Public Law 102-138 (Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415), 105 Stat. 647, approved October 28, 1991; and by Public Law 103–236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108 Stat. 382, approved April 30, 1994

AN ACT To provide certain basic authority for the Department of State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "State Department Basic Authorities Act of 1956". 1

1

Sec. 111(2) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 654) added “That this Act may be cited as the 'State Department Basic Authorities Act of 1956'.".

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TITLE I–BASIC AUTHORITIES GENERALLY

ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1.2 (a) SECRETARY OF STATE.—

(1) The Department of State shall be administered, in ace ance with this Act and other provisions of law, under the pervision and direction of the Secretary of State (hereina referred to as the "Secretary').

(2) The Secretary shall be appointed by the President, by with the advice and consent of the Senate.

(3)(A) Notwithstanding any other provision of law and ex as provided in this section, the Secretary shall have and e cise any authority vested by law in any office or official of Department of State. The Secretary shall administer, cod nate, and direct the Foreign Service of the United States the personnel of the Department of State, except where thority is inherent in or vested in the President.

(B)(i) The Secretary shall not have the authority of the spector General or the Chief Financial Officer.

2 22 U.S.C. 2651a. Sec. 161(a) of the Foreign Relations Authorization Act, Fiscal Years and 1995 (Public Law 103-236; 108 Stat. 402), amended and restated sec. 1. It formerly rea follows (formerly at 22 U.S.C. 2662):

"SECTION 1. The Secretary of State is authorized to establish, maintain, and operate pass and dispatch agencies.".

Sec. 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 103-236; 108 Stat. 404), further provided the following:

“(b) APPLICATION.—The amendments made by this section and section 133 shall apply respect to officials, offices, and bureaus of the Department of State when executive orders, lations, or departmental directives implementing such amendments become effective, or 90 after the date of enactment of this Act, whichever comes earlier.

"(c) TRANSITION.—Any officer of the Department of State holding office on the date of the actment of this Act shall not be required to be reappointed to any other office, at the Der ment of State at the same level performing similar functions, as determined by the Presid by reason of the enactment of the amendments made by this section and section 162.

“(d) REFERENCES IN OTHER ACTS.—Except as specifically provided in this Act, or the am ments made by this Act, a reference in any other provision of law to an official or office of Department of State affected by the amendment made by subsection (a) (other than the Ins tor General of the Department of State and the Chief Financial Officer of the Departmen State) shall be deemed to be a reference to the Secretary of State or the Department of State may be appropriate.

"(e) OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM.—Notwithstanding any other pr sion of this section, for not less than one year after the date of the enactment of this Act th shall be in the Department of State an Office of the Coordinator for Counterterrorism wh shall be headed by a Coordinator for Counterterrorism. The office shall have the same respo bilities and functions as the Office of the Coordinator for Counterterrorism at the Departmen State had as of January 20, 1993. "(f) DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING.

“(1) ESTABLISHMENT.—None of the funds authorized to be appropriated by this Act sh be available for obligation or expenditure during fiscal year 1995 unless, not later than days after the date of enactment of this Act, the Secretary of State has established wit the Department of State the position of Deputy Assistant Secretary for Burdensharing, incumbent of which shall be an official of ambassadorial rank, appointed by the Preside by and with the advice and consent of the Senate.

"(2) RESPONSIBILITIES.—The Deputy Assistant Secretary for Burdensharing shall perfo such duties and exercise such authorities as the Secretary of State shall prescribe, includi the principal duty of negotiations for the following:

"(A) Increased in-kind and financial support (including increased payment of basi costs) by countries allied to the United States for Department of Defense military un and personnel assigned to permanent duty ashore outside the United States in supp of the security of such countries.

"(B) Recoupment of funds associated with financial commitments from such countri for paying the United States the residual value of United States facilities in such cou tries that the United States relinquishes to such countries upon the termination of t use of such facilities by the United States.".

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