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). 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. 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. 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. * * [Obsolete] SEC. 204* # [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 appointment 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).". 222 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). 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. The Secretary of State shall procure from time to time such of the statutes of the several States as may not be in his office. SEC. 207-9 *** [Obsolete] SEC. 210.5 The Secretary of State shall furnish to the Public Printer a correct copy of every treaty between the United States and any foreign government as soon as possible after it has been duly ratified and has been proclaimed by the President; and also of every postal convention made between the United States Postal Service, by and with the advice and consent of the President, on the part of the United States and foreign countries, as soon as possible after copies of such conventions have been transmitted to him by the United States Postal Service. 22 U.S.C. 2659, R.S. Section 206, derived from Act of September 23, 1789 (1 Stat. 97). 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 Public 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. 147341, 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. 5040], 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; and by Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991 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'.". TITLE I—BASIC AUTHORITIES GENERALLY SECTION 1. The Secretary of State is authorized to establish, maintain, and operate passport and dispatch agencies. SEC. 2.2 The Secretary of State, may use funds appropriated or otherwise available to the Secretary to 3 (a) provide for printing and binding outside the States of the United States and the District of Columbia without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 111); 4 (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). (d) provide for official functions and courtesies; (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) 7 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; 8 (h) 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 2 22 U.S.C. 2669. 3 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 Secre tary to" for "when funds are appropriated therefor, may-" 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). 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. Sec. 303(a)(1) of Public Law 98-533 (98 Stat. 2710) amended and restated para. (c) up to the semicolon. Subsequently, sec. 118 of Public Law 99-93 (99 Stat. 412) added the text of par. (c) which follows the semicolon. It formerly read as follows: “(c) employ aliens, by contract, for services abroad;". 7 Sec. 303(a)(2) of Public Law 98-533 (98 Stat.) added pars. (g) and (h). 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). |