Pub. L. 103-236, tit. I, pt. C, sec. 162
TECHNICAL AND CONFORMING AMENDMENTS.
SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS. (a) Act of May 26, 1949.— The Act entitled “An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes” (May 26, 1949; Public Law 81–73; 22 U.S.C. 2652 et seq.) is repealed. (b) Foreign Relations Authorization Act, Fiscal Year 1979.— Section 115 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2652a) is amended by striking subsection (a). (c) Foreign Relations Authorization Act, Fiscal Years 1992 AND 1993.— Section 122 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended— (1) by striking subsection (c); (2) in subsection (a) by striking “, which is in addition to the positions provided under the first section of the Act of May 26, 1949 (22 U.S.C. 2652); and (3) by striking subsection (d)(1). (d) Title 5, United States Code.— (1) Section 5314 of title 5, United States Code, is amended by striking— “Under Secretary of State for Political Affairs and Under Secretary of State for Economic and Agricultural Affairs and an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management. “Counselor of the Department of State.” and inserting— “Under Secretaries of State (5).”. (2) Section 5315 of title 5, United States Code, is amended by striking “Assistant Secretaries of State (15).”, “Legal Adviser of the Department of State.”, “Chief of Protocol, Department of State.”, “Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.”, “Assistant Secretary for International Narcotics Matters, Department of State.”, “Assistant Secretary for South Asian Affairs, Department of State.”, and inserting “20 Assistant Secretaries of State and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate.”. (e) Foreign Assistance Act of.— 1961The Foreign Assistance Act of 1961 is amended— (1) in section 116(c) (22 U.S.C. 2151n), by striking “Assistant Secretary for Human Rights and Humanitarian Affairs” and inserting “Assistant Secretary of State for Democracy, Human Rights, and Labor”; (2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by striking “Human Rights and Humanitarian Affairs” each place it appears and inserting “Democracy, Human Rights, and Labor”; (3) in section 573(c) by striking “Human Rights and Humanitarian Affairs” and inserting “Democracy, Human Rights, and Labor”; and (4) in section 624 by striking subsection (f). (f) Arms Export Control Act.— Section 5(d)(1) of the Arms Export Control Act is amended (22 U.S.C. 2755(d)(1)) by striking “Assistant Secretary of State for Human Rights and Humanitarian Affairs” and inserting “Secretary of State”. 108 STAT. 406 (g) Diplomatic Security Act.— The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended— (1) in section 102(b) (22 U.S.C. 4801(b)) by— (A) striking paragraph (2); and (B) redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; (2) in subsection 103(a)— (A) by inserting “(1)” before “The Secretary of State”; (B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (C) by inserting at the end the following new paragraph: “(2) Security responsibilities shall include the following: “(A) Former office of security functions.— Functions and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985. “(B) Security and protective operations.— “(i) Establishment and operations of post security and protective functions abroad. “(ii) Development and implementation of communications, computer, and information security. “(iii) Emergency planning. “(iv) Establishment and operation of local guard services abroad. “(v) Supervision of the United States Marine Corps security guard program. “(vi) Liaison with American overseas private sector security interests. “(vii) Protection of foreign missions and international organizations, foreign officials, and diplomatic personnel in the United States, as authorized by law. “(viii) Protection of the Secretary of State and other persons designated by the Secretary of State, as authorized by law. “(ix) Physical protection of Department of State facilities, communications, and computer and information systems in the United States. “(x) Conduct of investigations relating to protection of foreign officials and diplomatic personnel and foreign missions in the United States, suitability for employment, employee security, illegal passport and visa issuance or use, and other investigations, as authorized by law. “(xi) Carrying out the rewards program for information concerning international terrorism authorized by section 36(a) of the State Department Basic Authorities Act of 1956. “(xii) Performance of other security, investigative, and protective matters as authorized by law. “(C) Counterterrorism planning and coordination.— Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph. “(D) Security technology.— Development and implementation of technical and physical security programs, including security-related construction, radio and personnel security communications, armored vehicles, computer and communica-108 STAT. 407tions security, and research programs necessary to develop such measures. “(E) Diplomatic courier service.— Management of the diplomatic courier service. “(F) Personnel training.— Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section. “(G) Foreign government training.— Management and development of antiterrorism assistance programs to assist foreign government security training which are administered by the Department of State under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).”; (3) by striking section 104; (4) by striking section 105; (5) in section 107, by striking “The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplomatic Security” and inserting “The Secretary of State shall take into account security considerations”; (6) in title II by amending the title heading to read as follows: “TITLE II—PERSONNEL”; (7) by amending section 201 to read as follows: “SEC. 201. DIPLOMATIC SECURITY SERVICE. “The Secretary of State may establish a Diplomatic Security Service, which shall perform such functions as the Secretary may determine.”; (8) in section 202— (A) by striking “The” in the first sentence and inserting “Any such”; (B) by striking “shall” each place it appears in the first, third, and fourth sentences and inserting “should”; and (C) by striking the last sentence; (9) in section 203— (A) by amending the heading to read as follows: “SEC. 203. SPECIAL AGENTS”; (B) in the first sentence by striking “Positions in the Diplomatic Security Service” and inserting “Special agent positions”; and (C) in the last sentence by striking “In the case of positions designated for special agents, the” and inserting “The”; and (10) in section 402(a)(2) by striking “Assistant Secretary for Diplomatic Security” and inserting “Secretary of State”. (h) Immigration and Nationality Act.— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section l0l(a)(l) (8 U.S.C. 1101(a)(1)) by striking “Assistant Secretary of State for Consular Affairs” and inserting “official designated by the Secretary of State pursuant to section 104(b) of this Act”; (2) in section 104 (8 U.S.C. 1104)— (A) in the heading by striking “; bureau of consular affairs”; (B) in subsection (a), by striking “the Bureau of Consular Affairs” and inserting “the Administrator”; (C) by amending subsection (b) to read as follows: 108 STAT. 408 “(b) The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this Act by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration of this Act which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe.”; (D) in subsection (c), by striking “Bureau” and inserting “Department of State”; and (E) in subsection (d), by striking all after “respectively” before the period; and (3) in section 105 (8 U.S.C. 1105) by striking “Assistant Secretary of State for Consular Affairs” and inserting “Administrator” each place it appears. (i) Department of State Appropriations Act, 1989.— Section 306 of the Department of State Appropriations Act, 1989 (Public Law 100–459) is repealed. (j) Department of Defense Appropriations Act, Fiscal Year 1989.— Section 8125 of the Department of Defense Appropriations Act, Fiscal Year 1989 (Public Law 100–463) is amended by striking subsection (c). (k) State Department Basic Authorities Act of 1956.— (1) Section 35 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707) is amended— (A) by striking subsection (a); and (B) in subsection (b)— (i) by striking the text preceding paragraph (1) and inserting the following: “The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international communications and information policy. The Secretary of State shall—”; (ii) by striking paragraph (2); (iii) by redesignating paragraph (1) as paragraph (2); (iv) by inserting before paragraph (2) (as so redesignated) the following: “(1) exercise primary authority for the conduct of foreign policy with respect to such telecommunications functions, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this responsibility, the Secretary shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the authority vested by law or Executive order in the Federal Communications Commission, the Department of Commerce and the Office of the United States Trade Representative in this area;”; (v) in paragraph (2) (as so redesignated) by striking “with the bureaus and offices of the Department of State and”, and inserting before the semicolon “and with the Federal Communications Commission, as appropriate”; and (vi) in paragraph (3), by striking “the Senior Interagency Group on International Communications and Information Policy” and inserting “any senior interagency108 STAT. 409 policymaking group on international telecommunications and information policy and chair such interagency meetings as may be necessary to coordinate actions on pending issues;”. (2) Nothing in the amendments made by paragraph (1) affects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Communications Commission, or any officer thereof. (3) Section 3 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670) is amended— (A) by striking “and” at the end of subsection (k); (B) by striking the period at the end of subsection (l) and inserting “; and”; and (C) by adding at the end the following: “(m) establish, maintain, and operate passport and dispatch agencies.”. (4) Section 2 of the State Department Basic Authorities Act of 1956 is amended by striking “(1) pay” and inserting “(m) pay”. (m) Refuge Act of 1980.— The Refugee Act of 1980 (Public Law 96–212) is amended— (1) in the heading for title III, by striking “UNITED STATES COORDINATOR FOR REFUGEE AFFAIRS AND”; (2) by striking the heading for part A; (3) by repealing section 301; and (4) by striking the heading for part B. (n) Immigration and Nationality Act.— (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking “and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this chapter referred to as the ‘Coordinator’)” and inserting “the Secretary of State”. (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended— (A) in subsection (a)(2)(A), by striking “, together with the Coordinator,”; (B) in subsections (b)(3) and (b)(4), by striking “in consultation with the Coordinator,”; and (C) in subsection (e)(7)(C), by striking “, in consultation with the United States Coordinator for Refugee Affairs,”. (3) Section 413(a) of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking “, in consultation with the Coordinator,”. (o) State Department Basic Authorities Act.— Title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) is amended— (1) in section 202(a) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7); (2) in section 203 by amending such section to read as follows: “authorities of the secretary of state “Sec. 203. The Secretary shall carry out the following functions: “(1) Assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits,108 STAT. 410 privilleges, and immunities to which a foreign mission may be entitled. “(2) Provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204. “(3) As determined by the Secretary, dispose of property acquired in carrying out the purposes of this Act. “(4) As determined by the Secretary, designate an office within the Department of State to carry out the purposes of this Act. If such an office is established, the President may appoint, by and with the advice and consent of the Senate, a Director, with the rank of ambassador. Of the Director and the next most senior person in the office, one should be an individual who has served in the Foreign Service and the other should be an individual who has served in the United States intelligence community. “(5) Perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title.”, (3) in section 204— (A) in subsections (a), (b), and (c), by striking “Director” each place it appears and inserting “Secretary”; and (B) in paragraph (d), by striking “the Director or any other” and inserting “any”; (4) in section 204A, by striking “Director” each place it appears and inserting “Secretary”; (5) in section 205— (A) in subsection (a), by striking “Director” and inserting “Secretary”; and (B) in subsection (c)(2) by striking “authorize the Director to”; and (6) in section 208— (A) in subsection (d) by striking “Director” and inserting in its place “Secretary”; (B) in subsections (c), (e), and (f), by striking “Office of Foreign Missions” each place it appears and inserting “Department of State”; and (C) in subsection (h)(2) by striking “Director or the”. (p) Office of Counselor; Legal Adviser.— (1) The Act entitled “An Act to create the Office of Counselor of the United States” (May 18, 1937; Public Law 75–91; 22 U.S.C. 2655) is repealed. (2) The Act entitled “An Act for the reorganization and improvement of the Foreign Service of the United States and for other purposes” (May 24, 1924; Public Law 68–135; 22 U.S.C. 2654) is amended by striking section 30. (q) Amendment to the Department of State Appropriations Authorization Act of 1973.— Section 9 of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C. 2655) is amended— (1) in subsection (a)— (A) by striking “In addition to the positions provided under the first section of the Act of May 26, 1949, as amended (22 U.S.C. 2652), there” and inserting “There”; and (B) by inserting before the period at the end of the subsection “and for such other related duties as the Secretary may from time to time designate”; and (2) by striking subsection (b).