§ 4303. Authorities of Secretary of State

The Secretary shall carry out the following functions:

(1) Assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privileges, 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 4304 of this title.

(3) As determined by the Secretary, dispose of property acquired in carrying out the purposes of this chapter.

(4) As determined by the Secretary, designate an office within the Department of State to carry out the purposes of this chapter.¹ 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 chapter.

(Aug. 1, 1956, ch. 841, title II, § 203, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 284; amended Pub. L. 98–164, title VI, § 604(a), (b), Nov. 22, 1983, 97 Stat. 1043, 1044; Pub. L. 98–618, title VI, § 601(c), Nov. 8, 1984, 98 Stat. 3303; Pub. L. 100–204, title I, § 173(a)(2), Dec. 22, 1987, 101 Stat. 1360; Pub. L. 101–246, title I, § 116(a), Feb. 16, 1990, 104 Stat. 24; Pub. L. 103–236, title I, § 162(o)(2), Apr. 30, 1994, 108 Stat. 409.)

References In Text

References in Text

This chapter, referred to in pars. (3) and (4), was in the original “this Act” and was translated as reading “this title” meaning title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97–241, title II, § 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 4301 of this title and Tables.

Amendments

Amendments

1994—Pub. L. 103–236 amended section generally. Prior to amendment, section required Secretary of State to establish Office of Foreign Missions in Department of State, provided for Director and Deputy Director of Office, and specified their powers and duties.

1990—Subsec. (c)(3), (4). Pub. L. 101–246 added par. (3) and redesignated former par. (3) as (4).

1987—Subsec. (a). Pub. L. 100–204 inserted sentence at end relating to compensation of Director.

1984—Subsec. (a). Pub. L. 98–618, § 601(c)(1), struck out requirements that Director be an individual with: minimum of ten years service in the Foreign Service, significant administrative experience, and service in countries wherein the United States has had significant problems in assuring secure and efficient operations of its missions as result of the actions of other countries.

Subsec. (b). Pub. L. 98–618, § 601(c)(2), substituted requirement of prior complementary service of the Director and Deputy Director in the Foreign Service and the Intelligence Community for requirement that Deputy Director must have served in the Intelligence Community.

1983—Subsec. (a). Pub. L. 98–164, § 604(a), inserted provisions respecting rank, and experience required of the Director, and substituted provision requiring appointment by the President by and with the advice and consent of the Senate, for provision requiring appointment by the Secretary.

Subsecs. (b), (c). Pub. L. 98–164, § 604(b), added subsec. (b) and redesignated former subsec. (b) as (c).

Effective Date Of Amendment

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–204 effective 30 days after Dec. 22, 1987, see section 173(b) of Pub. L. 100–204, set out as a note under section 2707 of this title.

Effective Date of 1984 Amendment

Pub. L. 98–618, title VI, § 601(d), Nov. 8, 1984, 98 Stat. 3303, provided that: “The amendments made by subsection (c) [amending this section] shall apply only with respect to any appointment of a Director or Deputy Director of the Office of Foreign Missions, as the case may be, after the date of the enactment of this section [Nov. 8, 1984].”

Effective Date of 1983 Amendment

Pub. L. 98–164, title VI, § 604(c), Nov. 22, 1983, 97 Stat. 1044, provided that: “The amendments made by this section [amending this section] shall apply with respect to any Director of the Office of Foreign Missions, and to any Deputy Director of the Office of Foreign Missions, appointed after the date of enactment of this Act [Nov. 22, 1983].”

Miscellaneous

New Spending Authority

Any new spending authority provided by amendment by section 173(a)(2) of Pub. L. 100–204 effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts, see section 173(c) of Pub. L. 100–204, set out as a note under section 2707 of this title.