b. Strengthening the Organization and Administration of the Department of State

Public Law 81-73 [S. 1704], 63 Stat. 111; 22 U.S.C. 2652 et seq., approved May 26, 1949, as amended by Public Law 84-250 [S. 2237], 69 Stat. 536, approved August 5, 1955; Public Law 85-477 [H.R. 12181], 72 Stat. 274, approved June 30, 1958; Public Law 85-524 [S. 1832], 72 Stat. 363, approved July 18, 1958; Public Law 86–117 [S. 1877], 73 Stat. 265, approved July 30, 1959; Public Law 88-426 [H.R. 11049], 78 Stat. 424, approved August 14, 1964; Public Law 92352 [H.R. 14734], 86 Stat. 489, approved July 13, 1972; Public Law 95-105 [H.R. 6689], 91 Stat. 844 at 847, approved August 17, 1977; Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 968, approved October 7, 1978; Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017, approved November 22, 1983; by Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved August 16, 1985; and by Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 856, approved August 27, 1986.

AN ACT To strengthen and improve the organization and administration of the Department of State, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be in the Department of State in addition to the Secretary of State, a Deputy Secretary of State, an Under Secretary of State for Political Affairs, an Under Secretary of State for Economic and Cultural Affairs, an Under Secretary of State for Management and fifteen Assistant Secretaries of State.1

122 U.S.C. 2652. Public Law 81-73 provided for a Secretary of State, an Under Secretary of State, and ten Assistant Secretaries, two of which might be designated as Deputy Under Secretaries. Public Law 83-2 (67 Stat. 4) provided for an Under Secretary of State for Administration at $17,500 until Dec. 31, 1954. Public Law 84-250 provided for a Secretary of State, an Under Secretary of State, three Deputy Under Secretaries of State, and ten Assistant Secretaries of State. The designated number of Deputy Under Secretaries of State was changed to two by sec. 502(j)(1) of Public Law 85-477, and the number of Assistant Secretaries was increased from ten to eleven by Public Law 85-524. Sec. 109(c) of Public Law 95-105 increased the number of Assistant Secretaries from eleven to thirteen (one of the offices of Assistant Secretary of State was abolished pursuant to sec. 9(a)(2) of Reorganization Plan No. 2 of 1977). Secs. 115(a) and 116(a) of Public Law 99-93 [99 Stat. 405] increased the number of Assistant Secretaries from thirteen to fourteen and renamed the position of the Under Secretary of State for Economic Affairs the "Under Secretary of State for Economic and Cultural Affairs". Sec. 104(b) of Public Law 99-399; 100 Stat 856 increased the number of Assistant Secretaries of State from fourteen to fifteen. Sec. 403 of the Foreign Assistance Act of 1971, Public Law 92-226 established an Under Secretary of State for Coordinating Security Assistance Programs. Sec. 103(a)(1) of Public Law 92-352 established a Deputy Secretary of State, an Under Secretary of State for Political Affairs, an Under Secretary of State for Economic Affairs, and a Deputy Under Secretary of State replacing an Under Secretary of State and two Deputy Under Secretaries of State. Sec. 103(b) also provided that: "The duties of the Under Secretary of State are transferred to the Deputy Secretary of State. The individual holding, on the date of enactment of this Act, the office of the Under Secretary of State may assume the duties of the Deputy Secretary of State. The individual assuming such duties shall not be required to be reappointed by reason of the enactment of this section." Sec. 114(a)(1) of Public Law 95-426 (92 Stat. 968) established an Under Secretary of State for Management, replacing the Deputy Under Secretary of State with this position and made the appropriate changes in this section, effective Oct. 1, 1978. Such sec. 114(a) also provided: "The individual holding the office of Deputy Under Secretary of State on the effective date of Continued

Sec. 2.2 (a) The Secretary of State and the officers referred to in section 1 of this Act, as amended, shall be appointed by the President, by and with the advice and consent of the Senate. The Legal Adviser 3 who is required to be appointed by the President, by and with the advice and consent of the Senate, shall rank equally with the Assistant Secretaries of State. Any such officer holding office at the time the provisions of this Act, as amended, become effective shall not be required to be reappointed by reason of the enactment of this Act, as amended.

Sec. 3.5 The Secretary of State, or such person or persons designated by him, notwithstanding the provisions of the Foreign Service Act of 1946 (60 Stat. 999) or any other law, except where authority is inherent in or vested in the President of the United States, shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the State Department. Any provisions in the Foreign Service Act of 1946, or in any other law, vesting authority in the "Assistant Secretary of State for Administration", the "Assistant Secretary of State in Charge of the Administration of the Department", the "Director General", or any

this section shall assume the duties of Under Secretary of State for Management and shall not be required to be reappointed by reason of the enactment of this section."

Sec. 9 of Public Law 93-126 established within the Department of State a Bureau of Oceans and International Environmental and Scientific Affairs, providing for an Assistant Secretary of State to head the Bureau.

Sec. 104(b) of the Act of June 27, 1952, (66 Stat. 174) established a Bureau of Security and Consular Affairs, headed by an administrator with rank equal to that of an Assistant Secretary of State. Sec. 109(b) of Public Law 95-105 renamed the Bureau as the Bureau for Consular Affairs and redesignated the administrator of such Bureau as the Assistant Secretary of State for Consular Affairs.

Sec. 624(e) of Public Law 87-195, as amended, provided for an officer in the Department of State with the title of Inspector General, Foreign Assistance.

Sec. 301(b) of Public Law 94-329 (90 Stat. 750) established within the Department of State a Coordinator for Human Rights and Humanitarian Affairs to be responsible for matters "pertaining to human rights and humanitarian affairs ・・・ in the conduct of foreign policy." Sec. 109(a) of Public Law 95-105 redesignated such Coordinator as an Assistant Secretary of State for Human Rights and Humanitarian Affairs.

Sec. 115 of Public Law 95-426 (92 Stat. 969) established an Assistant Secretary of State for International Narcotics Matters, effective Oct. 1, 1978, to "be responsible for the overall coordination of the role of the Department of State in the international aspects of narcotics problems."

There is also in the Department of State a Policy Planning Staff, a Bureau of Politico-Military Affairs, and a Bureau of Intelligence and Research, all of which are headed by Directors.

See also the organizational chart of the Department of State in the United States Government Manual, 1985-86.

2 22 U.S.C. 2653. The original text of sec. 2 was designated as subsec. (a) and a new subsec. (b) was added by sec. 502(j)2) of Public Law 85-477. The words "and shall receive the same salary as" in the second sentence and the last sentence as added by Public Law 84-250, reading "Unless otherwise provided for by law, the rate of basic compensation of the Deputy Under Secretaries of State shall be the same as that of Assistant Secretaries of State", were deleted by sec. 305(14) of Public Law 88-426.

3 Sec. 125 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1026) deleted a reference to the Counselor of the Department of State which previously appeared at this point.

* Subsec. (b) as amended by Public Law 86-117 (73 Stat. 265) and Public Law 88-426, was repealed by sec. 103(a)(2) of Public Law 92-352. It formerly read: "There is established in the Department of State an Office which shall be entitled as designated by the President, either Under Secretary of State for Political Affairs or Under Secretary of State for Economic Affairs, which Office shall be filled by appointment by the President, by and with the advice and consent of the Senate. The incumbent of such Office shall perform such duties as may be prescribed by the Secretary of State. Any provision of law vesting authority in the 'Under Secretary of State for Economic Affairs,' or any other reference with respect thereto, is hereby amended to vest such authority in the Secretary of State." Refer to 22 U.S.C. 2653.

$22 U.S.C. 811a.

other reference with respect thereto, are hereby amended to vest such authority in the Secretary of State.

Sec. 4.6 The Secretary of State may promulgate such rules and regulations as may be necessary to carry out the functions now or hereafter vested in the Secretary of State or the Department of State, and he may delegate authority to perform any of such functions, including if he shall so specify the authority successively to redelegate any of such functions, to officers and employees under his direction and supervision.

7

Sec. 5. The following statutes or parts of statutes are hereby repealed:

Section 200 of the Revised Statutes, as amended and amplified by the Acts authorizing the establishment of additional Assistant Secretaries of State, including section 22 of the Act of May 24, 1924 (ch. 182, and the Act of December 8, 1944, R.S. 200; 43 Stat. 146; 58 Stat. 798; 5 U.S.C. 152, as amended by Public Law 767, Eightieth Congress).

Section 202 of the Foreign Service Act of 1946 (60 Stat. 1000) and any other reference in such Act to the "Deputy Director General". Section 1041 of the Foreign Service Act of 1946 (60 Stat. 1032).

6 22 U.S.C. 2658.

7 The phrase", including if he shall so specify the authority successfully to redelegate any of such functions," was added by sec. 11(a) of Public Law 84-726 (70 Stat. 563).

c. Executive Order 12293, February 23, 1981, 46 F.R. 13969 as amended by Executive Order 12363, May 21, 1982, 47 F.R. 22497; Executive Order 12388, October 14, 1982, 47 F.R. 46245; and by Executive Order 12536, October 9, 1985, 50 F.R. 41477

THE FOREIGN SERVICE OF THE UNITED STATES

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Foreign Service Act of 1980 (94 Stat. 2071, 22 U.S.C. 3901 et seq.), Section 202 of the Revised Statutes (22 U.S.C. 2656), and Section 301 of Title 3 of the United States Code, and in order to provide for the administration of the Foreign Service of the United States, it is hereby ordered as follows:

Section 1. There are hereby delegated to the Secretary of State those functions vested in the President by Sections 205, 401(a), 502(c), 613, and 801 of the Foreign Service Act of 1980, hereinafter referred to as the Act (22 U.S.C. 3925, 3942(a)(1), 3892(c), 4013, and 4041).

Sec. 2. The Secretary of State shall, in accord with Section 205 of the Act (22 U.S.C. 3925), consult with the Secretary of Agriculture, the Secretary of Commerce, the Director of the United States Information Agency, the Director of the United States International Development Corporation Agency, the Director of the Office of Personnel Management, and the Director of the Office of Management and Budget, in order to ensure compatibility between the Foreign Service personnel system and other government personnel systems. Sec. 3. The Secretary of State shall make recommendations to the President through the Director of the Office of Management and Budget whenever action is appropriate under Section 827 of the Act (22 U.S.C. 4067) to maintain existing conformity between the Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System.

Sec. 4. In accord with Section 402 of the Act (22 U.S.C. 3962), there are established the following salary classes with titles for the Senior Foreign Service (SFS), at basic rates of pay equivalent to that established from time to time for the Senior Executive Service (ES) under Section 5382 of Title 5 of the United States Code.

Career Minister

(a) Basic rate of pay equivalent to ES 6. Minister-Counselor

(a) Basic rate of pay equivalent to ES 6, or (b) Basic rate of pay equivalent to ES 5, or

The reference to the United States Information Agency was substituted in lieu of a reference to the International Communication Agency by sec. 4 of E.O. 12388.

(c) Basic rate of pay equivalent to ES 4. Counselor

(a) Basic rate of pay equivalent to ES 6, or (b) Basic rate of pay equivalent to ES 5, or (c) Basic rate of pay equivalent to ES 4, or (d) Basic rate of pay equivalent to ES 3, or (e) Basic rate of pay equivalent to ES 2, or (f) Basic rate of pay equivalent to ES 1.

Sec. 5. There is hereby delegated to the Secretary of State, without further action by the President, the authority vested in the President by Section 2107 of the Act to the extent necessary to implement the provisions of Section 2101 of the Act, relating to pay and benefits pending conversion.

Sec. 6. (a) Pursuant to Section 211 of the Act (22 U.S.C. 3931), there is established in the Department of State the Board of Examiners for the Foreign Service.

(b) The Board shall be appointed by, and in accordance with regulations prescribed by, the Secretary of State, except that not less than five shall be career members of the Foreign Service and not less than seven shall be appointed as follows:

(1) not less than five shall be appointed by the heads of the agencies utilizing the Foreign Service personnel system;

(2) not less than one shall be a representative appointed by the Director of the Office of Personnel Management; and

(3) not less than one shall be a representative appointed by the Secretary of Labor.

(c) The Secretary of State shall designate from among the members of the Board a Chairman who is a member of the Service.

(d) The Secretary of State shall provide all necessary administrative services and facilities for the Board.

Sec. 7. For the purpose of ensuring the accuracy of information used in the administration of the Foreign Service Retirement and Disability System, the Secretary of State may request from the Secretary of Defense and the Administrator of Veterans Affairs such information as the Secretary deems necessary. To the extent permitted by law: (a) The Secretary of Defense shall provide information on retired or retainer pay provided under Title 10, United States Code; and, (b) the Administrator of Veterans Affairs shall provide information on pensions or compensation provided under Title 38 of the United States Code. The Secretary, in consultation with the officials from whom information is requested, shall ensure that information made available under this Order is used only for the purpose authorized.

Sec. 8. The first seven Sections of this Order shall be effective as of February 15, 1981.

Sec. 9.2 (a) Pursuant to Section 210 of the Act there is established in the Department of State the Board of the Foreign Service (22 U.S.C. 3930).

2 Secs. 9 and 10 were added by E.O. 12363. E.O. 12536 revoked section 9(e) and redesignated sec. 9(j) as 9(e). Sec. 9(e) previously read as follows:

(e) The Secretary of State shall designate a Chairman of the Board from among those members who are career members of the Senior Foreign Service.