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(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 au

thority 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 fo 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) 6 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 Person nel 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(aX2) 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;

G) 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 established 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.

9 Sec. 3031a, 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. ().

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

Continued ending subsec. (k), and inserted in lieu thereof "; and” (previously amended by Public Law 102– 20); and also added a new subsection, originally designated as “(1)”. Sec. 162(kX4) 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).

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 th 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 Dement; 18

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).

partment of State for the Diplomatic Rooms of the Depart

(1) 19 make payments in advance, of the United States share of necessary expenses for international fisheries commissions, from appropriations available for such purpose; and 18

(m) 18 establish, maintain, and operate passport and dispatch agencies. Sec. 4.20 (a) 21 The Secretary of State is authorized to

(1) 21 subject to subsection (b), make expenditures, from such amounts as may be specifically appropriated therefor, for unforeseen emergencies arising in the diplomatic and consular service and, to the extent authorized in appropriation Acts, funds expended for such purposes may be accounted for in accordance with section 291 of the Revised Statutes (31 U.S.C. 107); 22 and

(2) delegate to subordinate officials the authority vested in him by section 291 of the Revised Statutes 22 pertaining to cer

tification of expenditures. (b) 21 (1) Expenditures described under subsection (a) shall be made only for such activities as

(A) serve to further the realization of foreign policy objec

21

tives;

(B) are a matter of urgency to implement;

(C) with respect to activities the expenditures for which are required to be certified under subsection (a), require confidentiality in the best interests of the conduct of foreign policy by the United States; and

(D) are not otherwise prohibited by law. (2) Activities described in paragraph (l) include

(A) the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster;

(B) loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United states of its citizens;

(C) visits by foreign chiefs of state or heads of government to the United States:

(D) travel of delegations representing the President at any inauguration or funeral of a foreign dignitary;

(E) travel of the President, the Vice President, or a Member of Congress to a foreign country, including advance arrangements, escort, and official entertainment;

18 Sec. 162kX3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck out "and" at the end of subsec. (k); struck out the period at the end of subsec. (l), and inserted in lieu thereof a semicolon; and added a new subsec. (m.

19 Sec. 166 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 676), added a new subsec. (1).

20 22 U.S.C. 2671.

21 Sec. 122 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1023), redesignated existing subsecs. (a) and (b) as pars. (1) and (2), redesignated the existing text as subsec. (a), added the reference to subsec. (b) in par. (1) of subsec. (a), and added new subsecs. (b), (c), and (d).

22 See 31 U.S.C. 3526(e), pursuant to sec. 4(b) of Public Law 97-258 (96 Stat. 1067), which enacted title 31 U.S.C.

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