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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 ac 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, coo 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 Dep 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 Presid 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, includ 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 countr 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.".
(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers.
(4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions.
(b) UNDER SECRETARIES.-There shall be in the Department of State not more than 5 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code.
(c) ASSISTANT SECRETARIES.—
(1) IN GENERAL.-There shall be in the Department of State not more than 20 Assistant Secretaries of State, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5.
(2) ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR. (A) There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Secretary of State shall carry out the Secretary's responsibility under section 502B of the Foreign Assistance Act of 1961 through the Assistant Secretary.
(B) The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy including the following:
(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 116 and 502B of the Foreign Assistance Act of 1961 are relevant.
(ii) Preparing the statements and reports to Congress required under section 502B of the Foreign Assistance Act of 1961.
(iii) Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502B of the Foreign Assistance Act of 1961, and as part of
the Assistant Secretary's overall policy responsibility f the creation of United States Government human righ policy, advising the Administrator of the Agency for Inte national Development on the policy framework unde which section 116(e) projects are developed and consultin with the Administrator on the selection and implementa tion of such projects.
(iv) Performing other responsibilities which serve to pro mote increased observance of internationally recognize human rights by all countries.
(d) DEPUTY ASSISTANT SECRETARIES.-There shall be in the De partment of State not more than 66 Deputy Assistant Secretarie of State.
(e) OTHER SENIOR OFFICIALS.-In addition to officials of the De partment of State who are otherwise authorized to be appointed by the President, by and with the advice and consent of the Senate and to be compensated at level IV of the Executive Schedule of sec tion 5315 of title 5, United States Code, four other such appoint ments are authorized.
SEC. 2.3 The Secretary of State, may use funds appropriated or otherwise available to the Secretary to 4
(a) provide for printing and binding outside the States of the United States 5 and the District of Columbia without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 111);
(b) for the purpose of promoting and maintaining friendly relations with foreign countries through the prompt settlement of certain claims, settle and pay any meritorious claim against the United States which is presented by a government of a foreign country for damage to or loss of real or personal property of, or personal injury to or death of, any national of such foreign country: Provided, That such claim is not cognizable under any other statute or international agreement of the United States and can be settled for not more than $15,000 or the foreign currency equivalent thereof.
(c) employ individuals or organizations, by contract, for services abroad and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government; for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad); and such contracts are
3 22 U.S.C. 2669.
4 Sec. 114 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 411), inserted "may use funds appropriated or otherwise available to the Secretary to" for "when funds are appropriated therefor, may
5 This reference to the "States of the United States" was substituted in lieu of a reference to the "continental United States" by sec. 2 of Public Law 86-624 (74 Stat. 411).
6 Subsec. (b) was added by sec. 402 of Public Law 87-565 (76 Stat. 263; 22 U.S.C. 2669), the Foreign Assistance Act of 1962. Former sec. 2(b) was repealed by sec. 511(a)(2) of Public Law 86707 (74 Stat. 800), the Overseas Differentials and Allowances Act.
7 Sec. 303(a)(1) of Public Law 98-533 (98 Stat. 2710) amended and restated para. (c) up to the first semicolon. Subsequently, sec. 118 of Public Law 99-93 (99 Stat. 412) added the text of par. (c) up to the second semicolon. It formerly read as follows: "(c) employ aliens, by contract, for services abroad;".
authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States.8
(d) provide for official functions and courtesies;
(e) purchase uniforms;
(f) pay tort claims, in the manner authorized in the first paragraph of section 2672, as amended, of title 28 of the United States Code when such claims arise in foreign countries in connection with Department of State operations abroad;
(g) 9 obtain services as authorized by section 3109 of title 5, United States Code, at a rate not to exceed the maximum rate payable for GS-18 under section 5332 of such title 5; 10
(h) 9 directly procure goods and services in the United States or abroad, solely for use by United States Foreign Service posts abroad when the Secretary of State, in accordance with guidelines established in consultation with the Administrator of General Services, determines that use of the Federal Supply Service or otherwise applicable Federal goods and services acquisition authority would not meet emergency overseas security requirements determined necessary by the Secretary, taking into account overseas delivery, installation, maintenance, or replacement requirements, except that the authority granted by this paragraph shall cease to be effective when the amendment made by section 2711 of the Competition in Contracting Act of 1984 takes effect and thereafter procurement by the Secretary of State for the purposes described in this paragraph shall be in accordance with section 303(c)(2) of the Federal Property and Administrative Services Act of 1949;
(i) 10 pay obligations assumed in Germany on or after June 5, 1945;
(j) 10 provide telecommunications services; 11, 12
(k) 10 provide maximum physical security in Governmentowned and leased properties and vehicles abroad; and 11
(1) 11 purchase special purpose passenger motor vehicles without regard to any price limitation otherwise est ished by law.
(m) 12 pay obligations arising under international agreements, conventions, and binational contracts to the extent otherwise authorized by law.
* Sec. 137 and sec. 180(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397, 416), made identical amendments, adding “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States" before the period.
* Sec. 303(a)(2) of Public Law 98-533 (98 Stat.) added pars. (g) and (h).
10 Sec. 111 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 21), struck out "and" here, and added subsecs. (i), (j), and (k).
11 Sec. 4 of Public Law 102-20 (105 Stat. 68) struck out "and" at the end of subsec. (j); struck out the period ending subsec. (k), and inserted in lieu thereof “; and"; and added a new subsec. (b).
12 Sec. 120 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 658), also struck out "and" at the end of subsec. (j); struck out the period
SEC. 3.13 The Secretary of State is authorized to
(a) obtain insurance on official motor vehicles operated the Department of State in foreign countries, and pay the e penses incident thereto;
(b) rent tie lines and teletype equipment;
(c) provide ice and drinking water for United States Emba sies and Consulates abroad;
(d) pay excise taxes on negotiable instruments which are n gotiated by the Department of State abroad;
(e) 14 pay the actual expenses of preparing and transportir to their former homes the remains of persons, not Unite States Government employees, who may die away from the homes while participating in international educational e: change activities under the jurisdiction of the Department State;
(f) pay expenses incident to the relief, protection, and buria of American seamen, and alien seamen from United States ve sels in foreign countries and in the United States, Territorie and possessions;
(g) pay the expenses incurred in the acknowledgment of th services of officers and crews of foreign vessels and aircraft i rescuing American seamen, airmen, or citizens from shipwrec or other catastrophe abroad or at sea;
(h) rent or lease, for periods of less than ten years, such of fices, buildings, grounds, and living quarters for the use of the Foreign Service abroad as he may deem necessary, and mak payments therefor in advance;
(i) maintain, improve, and repair properties rented or leased pursuant to authority contained in subsection (h) of this sec tion and furnish fuel, water, and utilities for such properties
(j) 15 provide emergency medical attention and dietary sup plements, and other emergency assistance, for United States citizens incarcerated abroad or destitute United States citizens abroad 16 who are unable to obtain such services otherwise such assistance to be provided on a reimbursable basis to the extent feasible;
(k) 17 subject to the availability of appropriated funds, obtain insurance on the historic and artistic articles of furniture, fixtures, and decorative objects which may from time-to-time be within the responsibility of the Fine Arts Committee of the De
ending subsec. (k), and inserted in lieu thereof "; and" (previously amended by Public Law 10220); and also added a new subsection, originally designated as "(1)". Sec. 162(k)(4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), redesignated the second subsec. (1) as subsec. (m).
13 22 U.S.C. 2670.
14 Authority granted to the Secretary of State under subsec. (e) was abolished by sec. 9(a)(7) of Reorganization Plan No. 2 of 1977 (establishing the ICA).
15 Subsec. (j) was added by sec. 2 of Public Law 95-45 (91 Stat. 221).
16 The words "or destitute United States citizens abroad" were added by sec. 108(a) of Public Law 95-426 (92 Stat. 966). Sec. 108(b) of the same Act provided that this amendment would take effect on October 1, 1978.
17 Subsec. (k) was added by sec. 126(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342).