ities, including those then in effect, shall terminate on the last day of a month in accordance with the provisions of subsections (b)(2)(B), (e), and (f) of section 821 of the Foreign Service Act of 1946, as amended by this title.3

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(d) The amendment of section 804 of the Foreign Service Act of 1946 3 made by this title broadening eligibility for children's survivor annuities shall apply to all surviving children regardless of the date of death of the principal.

(e) Subsection (g) of section 821 of the Foreign Service Act of 1946, as added by this title,3 shall apply to both present and future Foreign Service annuitants. Any annuitant unmarried at retirement who married after retirement but prior to the effective date of this title may make an election under such subsection (g) if notice of the election is received by the Secretary of State within one year after such effective date.

(f) If an annuitant dies on or after January 8, 1971, who, prior to the effective date of this title, elected a reduced annuity with a benefit to a surviving spouse, and is survived by a spouse acquired after such election who qualifies under section 804(2) of the Foreign Service Act of 1946, as amended by this title, such surviving spouse shall be entitled to an annuity computed under the law in effect at the time of such election and in accordance with all other applicable statutes. Such an annuity shall be treated in all other respects in the same manner as an annuity payable under section 821(b) of the Foreign Service Act of 1946, as amended by this title.3 For purposes of section 882(c)(2) of the Foreign Service Act of 1946, as amended by this title, the death of an annuitant who has died before the effective date of this title shall be deemed to have occurred on such effective date.

3

(g) The restrictions on payment of survivor annuities in subsection (bX2XA) and subsection (h) of section 821 of such Act 3 shall not apply to a supplemental survivor annuity provided under subsection (i) of section 821 or subsection (f) of section 832 of such Act if the restrictions do not apply to a basic survivor annuity elected prior to commencement of the recall service.

(h) Subsection (a) of section 822 of the Foreign Service Act of 1946, as added by this title,3 shall be effective on the first day of the first month which begins on or after the effective date of this title.

(i) Subsection (a) of section 841 of the Foreign Service Act of 1946, as amended by this title,3 shall not apply to participants separated from the Foreign Service prior to the effective date of this title nor to their survivors. All payments from the Foreign Service Retirement Fund that become due on and after such effective date shall be paid in the order of precedence specified in such section 841 irrespective of the date of separation.

3

(j) Subsection (c) of section 851 of the Foreign Service Act of 1946, as added by this title, shall be effective on the first day of the first pay period that begins more than thirty days after the effective date of this title. A participant who is on approved leave without pay and is serving as a full-time officer or employee of an organization composed primarily of Government employees on the effective

date of such section shall have sixty days from such date to file an election under subsection (c) of said section 851.

(k) Subsection (f) of section 851 of the Foreign Service Act of 1946, as added by this title,3 shall apply, in addition to present participants, to former participants who separated from the Foreign Service to enter the Armed Forces within the five-year period immediately preceding the effective date of this title and who are members of the Armed Forces on such date.

(1) The annuity of a survivor who becomes immediately eligible for an annuity under subsection (c) of section 523 of this title or subsection (d) or (f) of this section shall become effective the first day of the first month which begins on or after the effective date of this title. However, payment shall be made only after receipt by the Department of State of such application for annuity and such proof of eligibility as the Secretary may require. If such application and proof of eligibility are not submitted during an otherwise eligible person's lifetime, no annuity shall be due or payable to his or her estate.

(m) The amendment of subsections (a) and (b) of section 882 of the Foreign Service Act of 1946 3 made by this title shall be effective on the fifteenth day of the third month which begins after the effective date of this title.

(n) Annuities which commenced between

(A) the effective date of the last cost-of-living increase which became effective under section 882 of the Foreign Service Act of 1946 3 prior to the effective date of this title, and

(B) such effective date,

shall be recomputed and, if necessary, adjusted retroactively to their commencing dates to apply the provisions of new subsections (c)(1) of section 882 of the Foreign Service Act of 1946, as added by section 515 of this title.3

(0) Any Foreign Service officer who is or becomes a career minister and who is not occupying a position to which appointed by the President, by and with the advice and consent of the Senate, shall be mandatorily retired for age in accordance with the schedule below and receive benefits under section 821 of the Foreign Service Act of 1946, unless the Secretary determines it to be in the public interest to extend such officer's service for a period not to exceed five years:

RETIREMENT SCHEDULE

(1) Any career minister who reaches age sixty-five during the month this title becomes effective shall be retired at the end of such month.

(2) Other career ministers who are age sixty or over on such effective date shall be retired at the end of the month which contains the midpoint between the last day of the month of such effective date and the last day of the month during which the officer would reach age sixty-five, counting thirty days to the month.

(3) On the last day of the thirtieth month which ends after such effective date, all other career ministers who are age sixty or over shall be retired, and thereafter the amendments made by sections 518 and 519 shall be applicable in all cases.

(4) Any career minister who completes a period of authorized service after he reaches mandatory retirement age as provided in the above schedule shall be retired at the end of the month in which the officer completes such service.

d. 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

1 22 U.S.C. 2652. Public Law 81-73 originally provided for a Secretary of State, an Under Sec retary of State, and ten Assistant Secretaries, two of which might be designated as Deputy Under Secretaries.

Subsequently, 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 Hecretaries of State. The designated number of Deputy Under Secretaries of State was changed to two by sec. 502 (1) of Public Law 85-477, and the number of Assistant Secretaries was inFreased from ten to eleven by Public Law 85-524.

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

403 of the Foreign Assistance Act of 1971 (Public Law 92-226) established an Under Sec Petary of State for Coordinating Security Assistance Programs. Sec. 103(a)1) of Public Law 92tablished a Deputy Secretary of State, an Under Secretary of State for Political Affairs, an Boder Secretary of State for Economic Affairs, and a Deputy Under Secretary of State replacing winder Becretary of State and two Deputy Under Secretaries of State. Sec. 103(b) also provid The duties of the Under Secretary of State are transferred to the Deputy Secretary of Wat The individual holding, on the date of enactment of this Act, the office of the Under Sec Fatary of state may assume the duties of the Deputy Secretary of State. The individual assumThe much duties shall not be required to be reappointed by reason of the enactment of this sec

$ of Public Law 93-126 established within the Department of State a Bureau of Oceans Re-4 Falernational Environmental and Scientific Affairs, providing for an Assistant Secretary of iwia to head the Bureau.

Writ of Public Law 94-329 (90 Stat. 750) established within the Department of State a Formator for Human Rights and Humanitarian Affairs to be responsible for matters "pertain that by human rights and humanitarian affairs ⚫ in the conduct of foreign policy.". Sec.

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 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.

(b) 4*

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 Ad

109(a) of Public Law 95-105 redesignated such Coordinator as an Assistant Secretary of State for Human Rights and Humanitarian Affairs.

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). Earlier, 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. 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 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. 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.".

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 the current level of fifteen.

Sec. 122 of Public Law 102-138 (105 Stat. 658) established the Assistant Secretary of State for South Asian Affairs.

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, 1992-93, page 439.

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.

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.

$ 22 U.S.C. 811a.