e. Strengthening the Organization and Administration of the

Department of State

Public Law 81-73 [S. 1704], 63 Stat. 111, approved May 26, 1949, as amended by Public Law 84-250 [S. 2237], 69 Stat. 536, approved August 5, 1955; Public Law 85-477 [Mutual Security Act of 1958, 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 [Government Employees Salary Reform Act of 1964, H.R. 11049], 78 Stat. 424, approved August 14, 1964; Public Law 92-352 [Foreign Relations Authorization Act of 1972, H.R. 14734], 86 Stat. 489, approved July 13, 1972; Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 1978; 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; Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; 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 December 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 October 1, 1978. Such sec. 114(a) also provided: "The individual holding the office of Deputy Under Secretary of State 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

on the effective date of 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 October 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, 1991-92, page 426.

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 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.

522 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.

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).

622 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).

f. Designation of Certain Officers To Act as Secretary of State

Executive Order 12343; January 27, 1982; 47 F.R. 4225; 5 U.S.C. 3347 note By the authority vested in me as President of the United States of America by Section 3347 of Title 5 and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

Section 1. During any period when, by reason of absence, disability, or vacancy in office, neither the Secretary of State nor the Deputy Secretary of State, is available to exercise the powers or perform the duties of the Office of the Secretary, an officer from the Department of State who has been appointed by the President, by and with the advice and consent of the Senate, in such order as the Secretary of State may from time to time prescribe, shall act as Secretary. If no such order of succession is in effect at that time, then such officers shall act as Secretary in descending order of rank, as established by the listing of their offices in Sections 5314 or 5315 of Title 5 of the United States Code, and at each level of the Executive Schedule in the order in which they shall have taken the oath as such officers.

Sec. 2. The President may at any time, pursuant to law but without regard to the foregoing provisions of this Order, direct that an officer specified by the President shall act as Secretary of State. Sec. 3. Executive Order No. 10839 is revoked.

g. Interdepartmental Operations of the U.S. Government Overseas

(1) Foreign Intelligence Surveillance 1

Title 50, United States Code-War and National Defense

CHAPTER 36-FOREIGN INTELLIGENCE SURVEILLANCE

§ 1801. Definitions

As used in this chapter:

(a) "Foreign power" means

(1) a foreign government or any component thereof, whether or not recognized by the United States;

(2) a faction of a foreign nation or nations, not substantially composed of United States persons;

(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;

(4) a group engaged in international terrorism 2 or activities in preparation therefor;

(5) a foreign-based political organization, not substantially composed of United States persons; or

(6) an entity that is directed and controlled by a foreign government or governments.

(b) "Agent of a foreign power" means

(1) any person other than a United States person, who(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4) of this section;

(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such person's presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or (2) any person who

(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;

1 Enacted on October 25, 1978, in sec. 101 and following of the Foreign Intelligence Surveillance Act of 1978 (Public Law 95-511; 92 Stat. 1783).

2 Note use of the term "terrorism" as defined in sec. 1801(c) for purposes of this chapter. The term "terrorism" appears in the chapter in sec. 1801(a)(4).