US (United States) Code. Title 22. Chapter 38: Department of State

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 38 - DEPARTMENT OF STATE 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

CHAPTER 38 - DEPARTMENT OF STATE

-MISC1-

Sec.

2651. Establishment of Department.

2651a. Organization of Department of State.

(a) Secretary of State.

(b) Under Secretaries.

(c) Assistant Secretaries.

(d) Other senior officials.

(e) Coordinator for Counterterrorism.

(f) Qualifications of certain officers of the

Department of State.

2652, 2652a. Repealed.

2652b. Assistant Secretary of State for South Asian Affairs.

(a) Establishment of position.

(b) Appointment.

(c) Repealed.

(d) Repealed and Omitted.

(e) Implementation.

2652c. Assistant Secretary of State for Verification and

Compliance.

(a) Designation of position.

(b) Directive governing the Assistant Secretary of

State.

(c) Duties.

2653 to 2655. Repealed.

2655a. Bureau of Oceans and International Environmental and

Scientific Affairs within Department of State;

Assistant Secretary of State as head of Bureau.

2655b. Diplomatic presence overseas.

(a) Purpose.

(b) Authority.

(c) Training.

2656. Management of foreign affairs.

2656a. Congressional declaration of findings of major

significance of modern scientific and technological

advances in foreign policy.

2656b. Congressional declaration of policy regarding

consequences of science and technology on conduct of

foreign policy.

2656c. Responsibilities of President.

(a) Identification, evaluation and initiation of

scientific and technological developments.

(b) Repealed.

(c) Disclosure of sensitive information.

(d) Availability to United States Trade

Representative of information and

recommendations.

2656d. Responsibilities of Secretary of State.

(a) Coordination and oversight over science and

technology agreements between United States

and foreign countries, etc.

(b) Long-term contracts, grants, to obtain studies,

etc., with respect to application of science

and technology to foreign policy.

(c) Long-term and short-term contracts, grants, to

train officers and employees in application of

science and technology to problems of foreign

policy.

(d) Detached service for graduate studies.

2656e. Terrorism-related travel advisories.

2656f. Annual country reports on terrorism.

(a) Requirement of annual country reports on

terrorism.

(b) Provisions to be included in report.

(c) Classification of report.

(d) Definitions.

(e) Reporting period.

2656g. Report on terrorist assets in United States.

(a) Reports to Congress.

(b) Definitions.

2656h. International credit reports.

(a) Report on loan criteria.

(b) Reports on loans.

2656i. Counterdrug and anticrime activities of Department of

State.

(a) Counterdrug and law enforcement strategy.

(b) Information on international criminals.

(c) Overseas coordination of counterdrug and

anticrime programs, policy, and assistance.

2657. Custody of seals and property.

2658. Repealed.

2659. State statutes to be procured.

2660. Copies of treaties furnished to Public Printer.

2661. Procurement of information for corporations, firms and

individuals; expense of cablegrams and telephone

service involved; appropriation.

2661a. Foreign contracts or arrangements; discrimination.

2661b. Services provided to the press.

2662, 2663. Transferred or Omitted.

2664. Distribution of duties of officers, clerks, and

employees.

2664a. Protection of Civil Service employees.

(a) Findings.

(b) Equitable reduction of budget.

(c) Establishment of Office of the Ombudsman for

Civil Service Employees.

(d) "Civil Service employees" defined.

2665. Personal services other than those provided for.

2665a. Foreign Service fellowships.

2666, 2667. Repealed.

2668. Requisitions for advances to pay lawful obligations.

(a) Authorization; accounting.

(b) Removal of outstanding charges.

(c) Financial liability of disbursing agent or

official.

2668a. Disposition of trust funds received from foreign

governments for citizens of United States.

2669. Printing and binding outside continental United

States; settlement and payment of claims by foreign

governments; employment of aliens; official functions

and courtesies; purchase of uniforms; payment of tort

claims; payment of assumed obligations in Germany;

telecommunications services; security; special

purpose passenger motor vehicles; pay obligations

arising under international conventions or contracts;

personal service contracts.

2669-1. Payment of tort claims arising in connection with

overseas operations.

2669a. Diplomatic Telecommunications Service.

(a) Diplomatic Telecommunications Service financial

management.

(b) DTS Policy Board.

(c) DTS consolidation pilot program.

(d) DTS planning report.

2669b. Reaffirming United States international

telecommunications policy.

(a) Procurement policy.

(b) Implementation.

2670. Insurance on motor vehicles in foreign countries; tie

lines and teletype equipment; ice and drinking water;

excise taxes on negotiable instruments; remains of

deceased persons; relief, protection, and burial of

seamen; acknowledgment of services of foreign vessels

and aircraft; rentals and leases.

2671. Emergency expenditures.

(a) Delegation of authority pertaining to

certification of expenditures.

(b) Activities subject to expenditures.

(c) Annual confidential audit and report.

(d) Repatriation loan program.

2672. Participation in international activities;

restriction; expenses.

2672a. Alternate United States Commissioners for

international fisheries commissions.

2672b. Compensation of Alternate United States Commissioners;

travel expenses and other allowances.

2673. International Civil Aviation Organization;

availability of funds for participation.

2674. Availability of exchange allowances or proceeds

derived from exchange or sale of motor vehicles.

2675. Allocation or transfer to other agencies of funds

appropriated to Department of State; authority for

expenditure of funds.

2676. Contracts in foreign countries.

2677. Availability of funds for travel expenses and

transportation of personal effects, household goods,

or automobiles.

2678. Reduction in earmarks if appropriations are less than

authorizations.

2679. Maximum rates of per diem in lieu of subsistence

payable to foreign participants in exchange of

persons program or in program of furnishing technical

information and assistance.

2679a. Procurement contracts.

(a) Funding for periods not in excess of five

years; conditions.

(b) Cancellation of contracts.

2679b. Prohibition against fraudulent use of "Made in

America" labels.

2679c. Prohibition on discriminatory contracts.

(a) Prohibition.

(b) Waiver by Secretary of State.

(c) Responses to contract solicitations.

(d) Review and termination.

2680. Appropriations for State Department; information to

Congressional committees.

2680-1. Deadline for responses to questions from Congressional

committees.

(a) In general.

(b) Specified committees.

2680-2. Facilitating access to Department of State.

(a) Procedures to facilitate access.

(b) Parking.

2680a. Compensation for disability or death.

2681. International broadcasting facilities; transfer to

Department of State; acquisition of property.

2682. Liquidation and disposal of broadcasting facilities.

2683. Assumption of obligations of operation of broadcasting

facilities.

2684. Capital fund for Department of State to centralize

reproduction, editorial, data processing, audiovisual

and other services; maximum amount; operation of

fund.

(a) Establishment of fund.

(b) Charges to fund; credit to appropriations.

2684a. Capital Investment Fund.

(a) Establishment.

(b) Funding.

(c) Availability.

(d) Expenditures from Fund.

(e) Reprogramming procedures.

2685. Reimbursement for detailed State Department personnel.

2686. Review of world-wide supply, demand, and price of

basic raw and processed materials.

2686a. Appointment of Special Coordinator for water policy

negotiations and water resources policy.

(a) Designation.

(b) Other responsibilities.

2687. Use of appropriated funds for unusual expenses of

United States Representative to Organization of

American States.

2688. Ambassadors; criteria regarding selection and

confirmation.

2689. American Sections, International Joint Commission,

United States and Canada; funds for representation

expenses and official entertainment within the United

States.

2690. Foreign gifts; audit; reports to Congress.

2691. Repealed.

2692. Compensation for persons participating in State

Department proceedings; availability of funds.

2693. Repealed.

2694. Limitation on purchase of gifts for foreign

individuals; report to Speaker of the House and

chairman of the Committee on Foreign Relations of the

Senate.

2695. Administrative services.

(a) Agreements.

(b) Payment.

2695a. Foreign language services.

(a) Surcharge for certain foreign language

services.

(b) Use of funds.

2695b. Omitted.

2696. Nondiscretionary personnel costs, currency

fluctuations, and other contingencies.

(a) Additional appropriations.

(b) Appropriations authorization based on currency

fluctuations.

(c) Availability of appropriations until expended.

(d) Accounts subject to percentage limitation.

(e) Availability of funds for twelve-month

contracts to be performed in two fiscal years.

2697. Acceptance of gifts on behalf of United States.

(a) Unconditional and conditional gifts.

(b) Disposition.

(c) Evidences of unconditional gift of intangible

personal property.

(d) Use of real property or tangible personal

property received unconditionally.

(e) Taxation.

(f) Availability of statutory authorities to

Broadcasting Board and Administrator of AID.

2698. Procurement of legal services.

2699. Employment opportunities for family members.

2700. Use of vehicles.

2701. Educational facilities.

2702. Malpractice protection.

(a) Exclusiveness of designated remedies.

(b) Defense of civil actions by United States;

delivery of process; furnishing of copies of

pleadings.

(c) Removal of actions; remand or dismissal;

suspension of limitations.

(d) Compromise or settlement of claims.

(e) Inapplicability of section 2680(h) of title 28.

(f) Holding harmless or providing for liability

insurance.

(g) Medical care or related service within scope of

employment.

2703. Services and facilities for employees at posts abroad.

(a) Non-Government-operated services; applicability

of other provisions of law.

(b) Emergency commissary and mess services.

(c) Availability; duplication of facilities and

services.

(d) Charges.

(e) Child care facilities.

2704. Subsistence expenses.

2705. Documentation of citizenship.

2706. Reprograming of funds; notice requirements.

(a) In general.

(b) Final 15 days in which funds available.

(c) Waiver.

2707. International communications and information policy;

duties of Secretary of State.

2708. Department of State rewards program.

(a) Establishment.

(b) Rewards authorized.

(c) Coordination.

(d) Funding.

(e) Limitations and certification.

(f) Ineligibility.

(g) Reports.

(h) Publication regarding rewards offered by

foreign governments.

(i) Determinations of Secretary.

(j) Definitions.

2708a. Award of Thomas Jefferson Star for Foreign Service.

(a) Authority to award.

(b) Selection criteria.

(c) Award in the event of death.

(d) Form of award.

(e) Funding.

2709. Special agents.

(a) General authority.

(b) Agreements with Attorney General and Secretary

of the Treasury and firearms regulations.

(c) Secret Service not affected.

2710. Expenses relating to participation in arbitrations of

certain disputes.

(a) International agreements.

(b) Contracts abroad.

(c) Procurement of services.

(d) International Litigation Fund.

(e) Retention of funds.

2711. Counterterrorism Protection Fund.

(a) Authority.

(b) Authorization of appropriations.

(c) Designation of Fund.

2712. Authority to control certain terrorism-related

services.

(a) Authority.

(b) Services subject to control.

(c) Persons subject of controls.

(d) Licenses.

(e) Definitions.

(f) Violations.

(g) Congressional oversight.

(h) Relationship to other laws.

2713. Protection of historic and artistic furnishings of

reception areas of the Harry S Truman Federal

Building.

(a) In general.

(b) Disposition of historic and artistic items.

(c) "Reception areas" defined.

2714. Denial of passports to certain convicted drug

traffickers.

(a) Ineligibility for passport.

(b) Drug law offenses.

(c) Period of ineligibility.

(d) Emergency and humanitarian exceptions.

(e) Definitions.

2715. Procedures regarding major disasters and incidents

abroad affecting United States citizens.

(a) Authority.

(b) Definitions.

2715a. Provision of information on certain violent crimes

abroad to victims and victims' families.

(a) Sense of Congress.

(b) Responsibility.

(c) Limitations.

2715b. Notification of next of kin; reports of death.

(a) In general.

(b) Reports of death or presumptive death.

(c) Implementing regulations.

2715c. Conservation and disposition of estates.

(a) Conservation of estates abroad.

(b) Disposition of estates by the Secretary of

State.

(c) Losses in connection with the conservation of

estates.

(d) Regulations.

2716. Debt collection.

(a) Contract authority.

(b) Disclosure of delinquent debt to credit

reporting agencies.

2717. Defense trade controls registration fees.

2718. Fees received for use of Blair House.

(a) Use of fees.

(b) Compliance with Budget Act.

2719. Grants for training and education in international

affairs.

2720. Closing of consular and diplomatic posts abroad.

(a) Prohibited uses of funds.

(b) Post closing notification.

(c) Reprogramming treatment.

(d) Exceptions.

(e) "Consular or diplomatic post" defined.

2721. Impermissible basis for denial of passports.

2722. International meetings.

(a) Authority to pay expenses.

(b) Retention of reimbursements.

2723. Denial of visas.

(a) Report to Congress.

(b) Limitation.

(c) Appropriate committees.

2724. Fees for commercial services.

(a) Authority to charge fee.

(b) Use of fees.

2725. Fees for use of the George P. Shultz National Foreign

Affairs Training Center.

2726. Fee for use of diplomatic reception rooms.

2727. Accounting of collections in budget presentation

documents.

2728. Crimes committed by diplomats.

(a) Annual report concerning diplomatic immunity.

(b) United States policy concerning reform of

diplomatic immunity.

(c) Notification of diplomatic corps.

2729. State Department records of overseas deaths of United

States citizens from nonnatural causes.

(a) Collection of information.

(b) Database.

(c) Public availability of information.

2730. Prohibition on funding the involuntary return of

refugees.

(a) Prohibition.

(b) Congressional notification required in all

cases.

(c) Statutory construction.

(d) Definitions.

-End-

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22 USC Sec. 2651 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2651. Establishment of Department

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 199.)

-COD-

CODIFICATION

R.S. Sec. 199 derived from acts July 27, 1789, ch. 4, Sec. 1, 1

Stat. 28; Sept. 15, 1789, ch. 14, Sec. 1, 1 Stat. 68.

Section was formerly classified to section 151 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

EFFECTIVE DATE OF 1987 AMENDMENT

Pub. L. 100-204, title XIII, Sec. 1301, Dec. 22, 1987, 101 Stat.

1432, provided that: "Except as otherwise provided in this Act [see

Short Title of 1987 Amendment note below], this Act shall take

effect on the date of its enactment [Dec. 22, 1987]."

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-228, Sec. 1, Sept. 30, 2002, 116 Stat. 1350, provided

that: "This Act [see Tables for classification] may be cited as the

'Foreign Relations Authorization Act, Fiscal Year 2003'."

Pub. L. 107-228, div. A, Sec. 101, Sept. 30, 2002, 116 Stat.

1355, provided that: "This division [see Tables for classification]

may be cited as the 'Department of State Authorization Act, Fiscal

Year 2003'."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [Sec. 1], Nov. 29, 1999,

113 Stat. 1536, 1501A-405, provided that: "This Act [H.R. 3427, as

enacted by section 1000(a)(7) of Pub. L. 106-113, see Tables for

classification] may be cited as the 'Admiral James W. Nance and Meg

Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and

2001'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-277, div. G, subdiv. B, title XX, Sec. 2001, Oct. 21,

1998, 112 Stat. 2681-801, provided that: "This subdivision [see

Tables for classification] may be cited as the 'Foreign Relations

Authorization Act, Fiscal Years 1998 and 1999'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-236, Sec. 1, Apr. 30, 1994, 108 Stat. 382, provided

that: "This Act [see Tables for classification] may be cited as the

'Foreign Relations Authorization Act, Fiscal Years 1994 and 1995'."

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-138, Sec. 1, Oct. 28, 1991, 105 Stat. 647, provided

that: "This Act [enacting sections 269, 276c-4, 276l, 276m, 296a,

1475g, 1475h, 2075, 2652b, 2656g, 2656h, 2679b, 2680-1, 2686a,

2720, 2721, 2722, 2723, 2798, 4012a, 4351 to 4357, and 5601 to 5606

of this title and section 2410c of the Appendix to Title 50, War

and National Defense, amending sections 277d-3, 290f, 294, 301,

1465ee, 1471, 1474, 1477c, 1928e, 2669, 2670, 2695, 2696, 2703,

2706, 2717, 2718, 2780, 2797b, 2797c, 2877, 2905, 3005, 3942, 3961,

3968, 4010, 4053, 4081, 4115, 4131, 4134, 4136, 4137, 4139, 4140,

4413, and 4852 of this title, sections 202 and 208 of Title 3, The

President, sections 5315, 5523, 5551, 5922, 5923, and 5924 of Title

5, Government Organization and Employees, section 2051 of Title 19,

Customs Duties, and section 2405 of the Appendix to Title 50,

repealing section 4509 of this title and former sections 269 and

2075 of this title, enacting provisions set out as notes under this

section, sections 287e, 290f, 1475g, 2452, 2778, 4001, 4115, 4351,

4354, 4356, and 5601 of this title, sections 202 and 208 of Title

3, sections 5315, 5551, and 5561 of Title 5, and section 1182 of

Title 8, Aliens and Nationality, amending provisions set out as

notes under sections 287e, 2680, and 4021 of this title and section

5561 of Title 5, and repealing provisions set out as notes under

this section and sections 287e, 1461, 2656, and 4010 of this title]

may be cited as the 'Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-246, Sec. 1(a), Feb. 16, 1990, 104 Stat. 15, provided

that: "This Act [enacting sections 1464a, 1464b, 1465aa to 1465ff,

1475f, 2414a, 2461, 2665a, 2678, 2715 to 2719, 2877a, 4027, 4141,

4141a to 4141c, 4863, and 4864 of this title, amending sections

277a, 277b, 277d-12, 290f, 300, 1461, 1465c, 1469, 1474, 1475e,

2456, 2460, 2606, 2656f, 2669, 2684, 2696, 2698, 2703, 2708, 2709,

2871, 2877, 3905, 3968, 4002, 4010, 4056, 4057, 4069a to 4069c,

4081, 4303, 4304, 4403, 4801, 4802, and 4852 of this title,

sections 8345 and 9101 of Title 5, Government Organization and

Employees, and section 1101 and 1182 of Title 8, Aliens and

Nationality, repealing section 4192 of this title, enacting

provisions set out as notes under this section, sections 287e,

1461, 1463, 1465aa, 1465c, 1469, 2151, 2456, 2460, 2656, 2715,

3941, 3968, 4001, 4140, 4171, 4301, and 4852 of this title,

sections 5921 and 5928 of Title 5, and section 1102 of Title 8,

amending provisions set out as notes under this section and

sections 287, 2151, and 4851 of this title and section 1182 of

Title 8, and repealing provisions set out as notes under sections

2414a and 2656 of this title] may be cited as the 'Foreign

Relations Authorization Act, Fiscal Years 1990 and 1991'."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-204, Sec. 1(a), Dec. 22, 1987, 101 Stat. 1331,

provided that: "This Act [enacting sections 288f-3, 1464, 2656f,

2664a, 2713, 4069a to 4069c, 4315, 4316, 4341 to 4343, and 5201 to

5203 of this title, amending sections 288h, 290j-1, 1469, 1471,

1475e, 1477c, 1627, 1928a, 1928b, 2151n, 2291, 2304, 2460, 2661,

2670, 2697, 2706, 2707, 2778, 2877, 3905, 3922a, 3927, 3941, 3942,

3946, 3949, 3961, 3965, 4001, 4010, 4023, 4137, 4173, 4302, 4303,

4305, 4403, 4412, 4413, 4831, 4834, 4851, 4861, and 4904 of this

title, sections 5313, 5315, and 8332 of Title 5, Government

Organization and Employees, section 1182 of Title 8, Aliens and

Nationality, sections 2492 and 2605 of Title 19, Customs Duties,

and section 1364 of Title 28, Judiciary and Judicial Procedure,

enacting provisions set out as notes under this section, sections

287, 287e, 1461, 1463, 1471, 2601, 2656, 2680, 2697, 2707, 3922a,

3941 to 3943, 3946, 3965, 4041, 4301, 4315, 4316, 4341, 4802, 4851,

and 5201 of this title, section 112b of Title 1, General

Provisions, section 5313 of Title 5, sections 1182, 1201, and 1255a

of Title 8, section 2901 of Title 15, Commerce and Trade, section

3181 of Title 18, Crimes and Criminal Procedure, section 2605 of

Title 19, and section 1364 of Title 28, and amending provisions set

out as notes under this section and sections 287, 287b, 287e, and

4021 of this title] may be cited as the 'Foreign Relations

Authorization Act, Fiscal Years 1988 and 1989'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-93, Sec. 1(a), Aug. 16, 1985, 99 Stat. 405, provided

that: "This Act [enacting sections 1461-1a, 2592, 2606, 2709, 2710,

2883, 3922a, 3929a, 4309a, 4314, 4414, 4415, and 4701 to 4715 of

this title, amending sections 290j-1, 1477c, 2357, 2589, 2601,

2605, 2652, 2669, 2685, 2704, 2871, 2875, 2877, 3930, 3945, 4084,

4301, 4302, 4304, 4305, 4403, and 4413 of this title, section 208

of Title 3, The President, sections 5314, 5315, and 5316 of Title

5, Government Organization and Employees, sections 2 and 11 of the

Appendix to Title 5, section 1622 of Title 50, War and National

Defense, and section 39 of Title 50, Appendix, repealing sections

2666 and 2667 of this title, enacting provisions set out as notes

under sections 287e, 1477c, 1928, 2291, 2605, 2656, 2669, 2697,

2875, 2877, 3943, 3945, 4021, and 4314 of this title, section 1182

of Title 8, Aliens and Nationality, section 3181 of Title 18,

Crimes and Criminal Procedure, section 701 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs, and section 1701 of Title 50,

amending provisions set out as notes under this section and

sections 287 and 287e of this title, and repealing provisions set

out as a note under section 3901 of this title] may be cited as the

'Foreign Relations Authorization Act, Fiscal Years 1986 and 1987'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-350, Sec. 1, July 12, 1976, 90 Stat. 823, provided:

"That this Act [enacting sections 817, 1065, 1076a, 1463, 1475a,

1928e, 2458a, 2661a, 2689, and 2690 of this title, amending

sections 276e, 276i, 295, 889, 915, 1001, 1002, 1004, 1007, 1063,

1064, 1071, 1076, 1081, 1082, 1084, 1086, 1091, 1105, 1111, 1116,

1121, 1229, 1474, 1754, 2872, 2873, 2877, 2902, 2905, and 2906 of

this title, repealing sections 1083, 1092, and 1094 of this title,

and enacting provisions set out as notes under sections 801, 915,

1001, 1063, 1064, 1076, 1076a, 1086, 1091, 1121, 1229, and 2871 of

this title] may be cited as the 'Foreign Relations Authorization

Act, Fiscal Year 1977'."

SHORT TITLE OF 1975 AMENDMENT

Pub. L. 94-141, Sec. 1, Nov. 29, 1975, 89 Stat. 756, provided:

"That this Act [enacting sections 276a-1, 1037 to 1037c, 2576,

2687, and 2688 of this title, amending sections 276, 276c, 295,

966, 991, 995, 1934, 2321d, 2551, 2562, 2585, 2589, 2590, 2601,

2666, 2679a, and 2791 of this title and section 5924 of Title 5,

Government Organization and Employees, enacting provisions set out

as notes under sections 1037a and 2679a of this title, amending

provision set out as a note under section 287e, and repealing

provision set out as a note under section 966 of this title] may be

cited as the 'Foreign Relations Authorization Act, Fiscal Year

1976'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-475, Sec. 1, Oct. 26, 1974, 88 Stat. 1439, provided:

"That this Act [enacting sections 966, 2679a, 2680a, and 2686 of

this title, amending sections 901a, 1439, 1476, and 2680 of this

title, and section 5924 of Title 5, Government Organization and

Employees, enacting provisions set out as notes under sections

901a, 966, and 2151 of this title and amending provisions set out

as notes preceding section 1 of Title 50, Appendix, War and

National Defense] may be cited as the 'State Department/USIA

Authorization Act, Fiscal Year 1975'."

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93-126, Sec. 1, Oct. 18, 1973, 87 Stat. 451, provided:

"That this Act [enacting sections 287e-1, 901a, 2655a, and 2685 of

this title and amending sections 276, 277d-28, 277d-29, 277d-31,

993, 1754, and 2823 of this title, section 194a of Title 2, The

Congress, section 5924 of Title 5, Government Organization and

Employees, and provisions set out as a note under section 214 of

this title] may be cited as the 'Department of State Appropriations

Authorization Act of 1973'."

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-352, Sec. 1, July 13, 1972, 86 Stat. 489, provided:

"That this Act [enacting sections 1474, 1475, 2291a, and 2821 to

2826 of this title and section 194a of Title 2, The Congress,

amending sections 901, 1461, 1476, 2291, 2501a, 2502, 2589, 2652,

2653, and 2680 of this title, sections 5313, 5314, 5315, and 8331

of Title 5, Government Organization and Employees, and section 241

of former Title 31, Money and Finance, repealing section 2511 of

this title, and enacting provisions set out as notes under sections

2511, 2571, and 2652 of this title, section 8331 of Title 5, and

section 241 of former Title 31] may be cited as the 'Foreign

Relations Authorization Act of 1972'."

SHORT TITLE

Act Aug. 1, 1956, ch. 841 (first sentence), as added by Pub. L.

102-138, title I, Sec. 111(2), Oct. 28, 1991, 105 Stat. 654,

provided: "That this Act [enacting sections 2662, 2669 to 2672,

2673 to 2680a, 2684, 2687 to 2692, 2695 to 2723, 4301 to 4316, 4341

to 4343, and 4351 to 4357 of this title] may be cited as the 'State

Department Basic Authorities Act of 1956'."

Act Aug. 1, 1956, ch. 841, title I, Sec. 48, formerly Sec. 33, as

added Oct. 17, 1980, Pub. L. 96-465, title II, Sec. 2201(a), 94

Stat. 2157, and renumbered Sec. 34 and redesignated title I, Aug.

24, 1982, Pub. L. 97-241, title I, Sec. 117, title II, Sec. 202(a),

96 Stat. 279, 282; renumbered Sec. 35 and Sec. 36, Nov. 22, 1983,

Pub. L. 98-164, title I, Secs. 123, 124, 97 Stat. 1025; renumbered

Sec. 37, Oct. 19, 1984, Pub. L. 98-533, title I, Sec. 102, 98 Stat.

2708; renumbered Sec. 38 and Sec. 39, Aug. 16, 1985, Pub. L. 99-93,

title I, Secs. 125(a), 128, 99 Stat. 415, 419; renumbered Sec. 40

and Sec. 41, Aug. 27, 1986, Pub. L. 99-399, title V, Secs. 504(1),

506(1), 100 Stat. 871; renumbered Sec. 42, Dec. 22, 1987, Pub. L.

100-204, title I, Sec. 126(a)(1), 101 Stat. 1341; renumbered Sec.

43, Nov. 18, 1988, Pub. L. 100-690, title IV, Sec. 4603(1), 102

Stat. 4287; renumbered Sec. 44, Sec. 45, Sec. 46, Sec. 47, and Sec.

48, Feb. 16, 1990, Pub. L. 101-246, title I, Secs. 115(c)(1),

117(1), 118(1), 119(1), 150(1), 104 Stat. 23, 25, 26, 42, which

provided that act Aug. 1, 1956, ch. 841, was to be cited as the

"State Department Basic Authorities Act of 1956", was repealed by

Pub. L. 102-138, title I, Sec. 111(1), Oct. 28, 1991, 105 Stat.

654.

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Secretary of State, see Parts 1, 2, and 13 of Ex. Ord. No. 12656,

Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195

of Title 42, The Public Health and Welfare.

-MISC2-

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of State are unable to perform functions and

duties of office of Secretary, see Ex. Ord. No. 13251, Dec. 28,

2001, 67 F.R. 1599, set out as a note under section 3345 of Title

5, Government Organization and Employees.

COMPLIANCE WITH CONGRESSIONAL BUDGET ACT

Pub. L. 101-246, title XI, Sec. 1101, Feb. 16, 1990, 104 Stat.

90, provided that:

"(a) Limitation on Spending Authority. - Any new spending

authority (within the meaning of section 401 of the Congressional

Budget Act of 1974 [2 U.S.C. 651]) which is provided under this Act

[see Short Title of 1990 Amendment note above] shall be effective

for any fiscal year only to the extent or in such amounts as are

provided in advance in appropriation Acts.

"(b) Limitation on Contract Authority. - Any authority provided

by this Act to enter into contracts shall be effective only -

"(1) to the extent that the budget authority for the obligation

to make outlays, which is created by the contract, has been

provided in advance by an appropriation Act; or

"(2) to the extent or in such amounts as are provided in

advance in appropriation Acts."

CHALLENGES TO APPOINTMENT AND CONTINUANCE IN OFFICE OF SECRETARY OF

STATE FIRST APPOINTED AFTER MAY 3, 1980; CONSTITUTIONAL PROVISIONS

GOVERNING COMPENSATION AND EMOLUMENTS

Pub. L. 96-241, Sec. 2, May 3, 1980, 94 Stat. 343, provided that:

"(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]."

-CROSS-

DEFINITIONS

Pub. L. 107-228, Sec. 3, Sept. 30, 2002, 116 Stat. 1355, provided

that: "In this Act [see Tables for classification]:

"(1) Appropriate congressional committees. - The term

'appropriate congressional committees' means the Committee on

Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives.

"(2) Department. - The term 'Department' means the Department

of State.

"(3) Secretary. - Except as otherwise provided, the term

'Secretary' means the Secretary of State."

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [Sec. 3], Nov. 29, 1999,

113 Stat. 1536, 1501A-409, provided that: "In this Act [see Short

Title of 1999 Amendment note set out above]:

"(1) Appropriate congressional committees. - Except as

otherwise provided in section 902(1) [113 Stat. 1501A-475], the

term 'appropriate congressional committees' means the Committee

on International Relations of the House of Representatives and

the Committee on Foreign Relations of the Senate.

"(2) Secretary. - The term 'Secretary' means the Secretary of

State."

-End-

-CITE-

22 USC Sec. 2651a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2651a. Organization of Department of State

-STATUTE-

(a) Secretary of State

(1) The Department of State shall be administered, in accordance

with this Act and other provisions of law, under the supervision

and direction of the Secretary of State (hereinafter referred to as

the "Secretary").

(2) The Secretary, the Deputy Secretary of State, and the Deputy

Secretary of State for Management and Resources shall be appointed

by the President, by and with the advice and consent of the Senate.

(3)(A) Notwithstanding any other provision of law and except as

provided in this section, the Secretary shall have and exercise any

authority vested by law in any office or official of the Department

of State. The Secretary shall administer, coordinate, and direct

the Foreign Service of the United States and the personnel of the

Department of State, except where authority is inherent in or

vested in the President.

(B)(i) The Secretary shall not have the authority of the

Inspector General or the Chief Financial Officer.

(ii) The Secretary shall not have any authority given expressly

to diplomatic or consular officers.

(4) The Secretary is authorized to promulgate such rules and

regulations as may be necessary to carry out the functions of the

Secretary of State and the Department of State. Unless otherwise

specified in law, the Secretary may delegate authority to perform

any of the functions of the Secretary or the Department to officers

and employees under the direction and supervision of the Secretary.

The Secretary may delegate the authority to redelegate any such

functions.

(b) Under Secretaries

(1) In general

There shall be in the Department of State not more than 6 Under

Secretaries of State, who shall be appointed by the President, by

and with the advice and consent of the Senate, and who shall be

compensated at the rate provided for at level III of the

Executive Schedule under section 5314 of title 5.

(2) Under Secretary for Arms Control and International Security

There shall be in the Department of State, among the Under

Secretaries authorized by paragraph (1), an Under Secretary for

Arms Control and International Security, who shall assist the

Secretary and the Deputy Secretary in matters related to

international security policy, arms control, and

nonproliferation. Subject to the direction of the President, the

Under Secretary may attend and participate in meetings of the

National Security Council in his role as Senior Advisor to the

President and the Secretary of State on Arms Control and

Nonproliferation Matters.

(3) Under Secretary for Public Diplomacy

There shall be in the Department of State, among the Under

Secretaries authorized by paragraph (1), an Under Secretary for

Public Diplomacy, who shall have primary responsibility to assist

the Secretary and the Deputy Secretary in the formation and

implementation of United States public diplomacy policies and

activities, including international educational and cultural

exchange programs, information, and international broadcasting.

(4) Nomination of Under Secretaries

Whenever the President submits to the Senate a nomination of an

individual for appointment to a position in the Department of

State that is described in paragraph (1), the President shall

designate the particular Under Secretary position in the

Department of State that the individual shall have.

(c) Assistant Secretaries

(1) In general

There shall be in the Department of State not more than 24

Assistant Secretaries of State, each of whom shall be appointed

by the President, by and with the advice and consent of the

Senate, and who shall be compensated at the rate provided for at

level IV of the Executive Schedule under section 5315 of title 5.

(2) Assistant Secretary of State for Democracy, Human Rights, and

Labor

(A) There shall be in the Department of State an Assistant

Secretary of State for Democracy, Human Rights, and Labor who

shall be responsible to the Secretary of State for matters

pertaining to human rights and humanitarian affairs (including

matters relating to prisoners of war and members of the United

States Armed Forces missing in action) in the conduct of foreign

policy and such other related duties as the Secretary may from

time to time designate. The Secretary of State shall carry out

the Secretary's responsibility under section 2304 of this title

through the Assistant Secretary.

(B) The Assistant Secretary of State for Democracy, Human

Rights, and Labor shall maintain continuous observation and

review all matters pertaining to human rights and humanitarian

affairs (including matters relating to prisoners of war and

members of the United States Armed Forces missing in action) in

the conduct of foreign policy including the following:

(i) Gathering detailed information regarding humanitarian

affairs and the observance of and respect for internationally

recognized human rights in each country to which requirements

of sections 2151n and 2304 of this title are relevant.

(ii) Preparing the statements and reports to Congress

required under section 2304 of this title.

(iii) Making recommendations to the Secretary of State and

the Administrator of the Agency for International Development

regarding compliance with sections 2151n and 2304 of this

title, and as part of the Assistant Secretary's overall policy

responsibility for the creation of United States Government

human rights policy, advising the Administrator of the Agency

for International Development on the policy framework under

which section 2151n(e) projects are developed and consulting

with the Administrator on the selection and implementation of

such projects.

(iv) Performing other responsibilities which serve to promote

increased observance of internationally recognized human rights

by all countries.

(3) Nomination of Assistant Secretaries

Whenever the President submits to the Senate a nomination of an

individual for appointment to a position in the Department of

State that is described in paragraph (1), the President shall

designate the regional or functional bureau or bureaus of the

Department of State with respect to which the individual shall

have responsibility.

(d) Other senior officials

In addition to officials of the Department of State who are

otherwise authorized to be appointed by the President, by and with

the advice and consent of the Senate, and to be compensated at

level IV of the Executive Schedule of (!1) section 5315 of title 5

four other such appointments are authorized.

(e) Coordinator for Counterterrorism

(1) In general

There is within the office of the Secretary of State a

Coordinator for Counterterrorism (in this paragraph referred to

as the "Coordinator") who shall be appointed by the President, by

and with the advice and consent of the Senate.

(2) Duties

(A) In general

The Coordinator shall perform such duties and exercise such

powers as the Secretary of State shall prescribe.

(B) Duties described

The principal duty of the Coordinator shall be the overall

supervision (including policy oversight of resources) of

international counterterrorism activities. The Coordinator

shall be the principal adviser to the Secretary of State on

international counterterrorism matters. The Coordinator shall

be the principal counterterrorism official within the senior

management of the Department of State and shall report directly

to the Secretary of State.

(3) Rank and status of Ambassador

The Coordinator shall have the rank and status of Ambassador at

Large.

(f) Qualifications of certain officers of the Department of State

(1) Officer having primary responsibility for personnel

management

The officer of the Department of State with primary

responsibility for assisting the Secretary with respect to

matters relating to personnel in the Department of State, or that

officer's principal deputy, shall have substantial professional

qualifications in the field of human resource policy and

management.

(2) Officer having primary responsibility for diplomatic security

The officer of the Department of State with primary

responsibility for assisting the Secretary with respect to

diplomatic security, or that officer's principal deputy, shall

have substantial professional qualifications in the fields of (A)

management, and (B) Federal law enforcement, intelligence, or

security.

(3) Officer having primary responsibility for international

narcotics and law enforcement

The officer of the Department of State with primary

responsibility for assisting the Secretary with respect to

international narcotics and law enforcement, or that officer's

principal deputy, shall have substantial professional

qualifications in the fields of (A) management, and (B) law

enforcement or international narcotics policy.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 1, 70 Stat. 890; renumbered

title I and amended Pub. L. 97-241, title II, Sec. 202(a), Aug. 24,

1982, 96 Stat. 282; Pub. L. 103-236, title I, Sec. 161(a), Apr. 30,

1994, 108 Stat. 402; Pub. L. 103-415, Sec. 1(f)(1), Oct. 25, 1994,

108 Stat. 4299; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec.

1213, title XIII, Sec. 1313, subdiv. B, title XXIII, Secs. 2301(a),

2303-2305(a)(1), (b)(1), (c), 2306, Oct. 21, 1998, 112 Stat.

2681-767, 2681-776, 2681-824, 2681-825, 2681-826; Pub. L. 106-553,

Sec. 1(a)(2) [title IV, Sec. 404(a)], Dec. 21, 2000, 114 Stat.

2762, 2762A-96; Pub. L. 107-228, div. A, title III, Sec. 303, Sept.

30, 2002, 116 Stat. 1377.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(1), is act Aug. 1, 1956, ch.

841, 70 Stat. 890, as amended, known as the State Department Basic

Authorities Act of 1956, which enacted sections 2651a, 2669 to

2672, 2673 to 2679a, 2680, 2680a, 2684, 2687 to 2690, 2692, 2695,

and 2696 to 2724 of this title and chapters 53 (Sec. 4301 et seq.),

53A (Sec. 4341 et seq.), and 53B (Sec. 4351 et seq.) of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 2651 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 2662 of this title.

Section was also formerly classified to section 170f of Title 5

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

2002 - Subsecs. (f), (g). Pub. L. 107-228 added subsec. (f) and

struck out former subsecs. (f) and (g), which related to the

qualifications of officers having primary responsibility for

personnel management and for diplomatic security.

2000 - Subsec. (a)(2). Pub. L. 106-553 substituted ", the Deputy

Secretary of State, and the Deputy Secretary of State for

Management and Resources" for "and the Deputy Secretary of State".

1998 - Subsec. (b). Pub. L. 105-277, Sec. 1213, designated

existing provisions as par. (1), inserted par. heading, and added

par. (2).

Subsec. (b)(1). Pub. L. 105-277, Sec. 2305(a)(1), substituted "6

Under Secretaries" for "5 Under Secretaries".

Subsec. (b)(3). Pub. L. 105-277, Sec. 1313, added par. (3).

Subsec. (b)(4). Pub. L. 105-277, Sec. 2306(a), added par. (4).

Subsec. (c)(1). Pub. L. 105-277, Sec. 2305(b)(1), substituted

"24" for "20".

Subsec. (c)(3). Pub. L. 105-277, Sec. 2306(b), added par. (3).

Subsec. (d). Pub. L. 105-277, Sec. 2305(c), redesignated subsec.

(e) as (d) and struck out heading and text of former subsec. (d).

Text read as follows: "There shall be in the Department of State

not more than 66 Deputy Assistant Secretaries of State."

Subsec. (e). Pub. L. 105-277, Sec. 2305(c)(2), redesignated

subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 105-277, Sec. 2305(c)(2), redesignated

subsec. (g) as (f). Former subsec. (f) redesignated (e).

Pub. L. 105-277, Sec. 2301(a), added subsec. (f).

Subsec. (g). Pub. L. 105-277, Sec. 2305(c)(2), redesignated

subsec. (h) as (g). Former subsec. (g) redesignated (f).

Pub. L. 105-277, Sec. 2303, added subsec. (g).

Subsec. (h). Pub. L. 105-277, Sec. 2305(c)(2), redesignated

subsec. (h) as (g).

Pub. L. 105-277, Sec. 2304, added subsec. (h).

1994 - Pub. L. 103-236 amended section generally. Prior to

amendment, section read as follows: "The Secretary of State is

authorized to establish, maintain, and operate passport and

despatch agencies."

Subsec. (a)(2). Pub. L. 103-415 inserted "and the Deputy

Secretary of State" after "Secretary".

1982 - Pub. L. 97-241 substituted "The Secretary" for "That the

Secretary".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1213 of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of this title.

Amendment by section 1313 of Pub. L. 105-277 effective Oct. 1,

1999, see section 1301 of Pub. L. 105-277, set out as an Effective

Date note under section 6531 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 161(b) of Pub. L. 103-236, as amended by Pub. L. 103-415,

Sec. 1(f)(2), Oct. 25, 1994, 108 Stat. 4300, provided that: "The

amendments made by this section and section 162 [amending this

section, sections 2151n, 2304, 2314, 2349aa-2, 2384, 2652b, 2655a,

2669, 2670, 2707, 2755, 4302 to 4305, 4308, 4801, 4802, 4806, 4821

to 4823, and 4852 of this title, sections 5314 and 5315 of Title 5,

Government Organization and Employees, sections 1101, 1104, 1105,

and 1521 to 1523 of Title 8, Aliens and Nationality, repealing

sections 811a, 2652, 2652a, 2653 to 2655, 2658, 4803, and 4804 of

this title and section 1525 of Title 8, and amending provisions set

out as a note under section 113 of Title 10, Armed Forces] shall

apply with respect to officials, offices, and bureaus of the

Department of State when executive orders, regulations, or

departmental directives implementing such amendments become

effective, or 90 days after the date of enactment of this Act [Apr.

30, 1994], whichever comes earlier."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-241, effective Oct. 1, 1982, see section

204 of Pub. L. 97-241, set out as an Effective Date note under

section 4301 of this title.

COMPREHENSIVE WORKFORCE PLAN

Pub. L. 107-228, div. A, title III, Sec. 301, Sept. 30, 2002, 116

Stat. 1376, provided that:

"(a) Workforce Plan. - Not later than 180 days after the date of

the enactment of this Act [Sept. 30, 2002], the Secretary shall

submit to the appropriate congressional committees a comprehensive

workforce plan for the Department for the fiscal years 2003 through

2007. The plan shall consider personnel needs in both the Civil

Service and the Foreign Service and expected domestic and overseas

personnel allocations. The workforce plan should set forth -

"(1) the detailed mission of the Department;

"(2) the definition of work to be done;

"(3) a description of cyclical personnel needs based on

expected retirements and attrition; and

"(4) a statement of the time required to hire, train, and

deploy new personnel.

"(b) Domestic Staffing Model. - Not later than one year after the

date of the enactment of this Act [Sept. 30, 2002], the Secretary

shall compile and submit to the appropriate congressional

committees a domestic staffing model for the Department."

"RIGHTSIZING" OVERSEAS POSTS

Pub. L. 107-228, div. A, title III, Sec. 302, Sept. 30, 2002, 116

Stat. 1376, provided that:

"(a) 'Rightsizing' at the Department of State. -

"(1) In general. - The Secretary shall establish a task force

within the Department on the issue of 'rightsizing' overseas

posts.

"(2) Preliminary report. - Not later than 120 days after the

date of the enactment of this Act [Sept. 30, 2002], the Secretary

shall submit to the appropriate congressional committees a report

that outlines the status, plans, and activities of the task

force. In addition to such other information as the Secretary

considers appropriate, the report shall include the following:

"(A) The objectives of the task force.

"(B) Measures for achieving the objectives under subparagraph

(A).

"(C) Identification of the official of the Department with

primary responsibility for the issue of 'rightsizing'.

"(D) The plans of the Department for the reallocation of

staff and resources based on changing needs at overseas posts

and in the metropolitan Washington, D.C., area.

"(3) Report. - Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a report reviewing the

activities and progress of the task force established under

paragraph (1).

"(b) Interagency Working Group. -

"(1) Establishment. - The Secretary shall establish an

interagency working group on the issue of 'rightsizing' the

overseas presence of the United States Government.

"(2) Preliminary report. - Not later than 120 days after the

date of the enactment of this Act [Sept. 30, 2002], the Secretary

shall submit to the appropriate congressional committees a report

which outlines the status, plans, and activities of the

interagency working group. In addition to such other information

as the Secretary considers appropriate, the report shall include

the following:

"(A) The objectives of the working group.

"(B) Measures for achieving the objectives under subparagraph

(A).

"(C) Identification of the official of each agency with

primary responsibility for the issue of 'rightsizing'.

"(3) Report. - Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a report reviewing the

activities and progress of the working group established under

paragraph (1)."

REPORT CONCERNING MINORITY EMPLOYMENT

Pub. L. 107-228, div. A, title III, Sec. 324, Sept. 30, 2002, 116

Stat. 1385, provided that: "On April 1, 2003, and April 1, 2004,

the Secretary shall submit a comprehensive report to Congress, with

respect to the preceding calendar year, concerning the employment

of members of minority groups at the Department, including the

Civil Service and the Foreign Service. The report shall include the

following data (reported in terms of real numbers and percentages

and not as ratios):

"(1) For the last preceding Foreign Service examination and

promotion cycles for which such information is available -

"(A) the numbers and percentages of members of all minority

groups taking the written Foreign Service examination;

"(B) the numbers and percentages of members of all minority

groups successfully completing and passing the written Foreign

Service examination;

"(C) the numbers and percentages of members of all minority

groups successfully completing and passing the oral Foreign

Service examination;

"(D) the numbers and percentages of members of all minority

groups entering the junior officer class of the Foreign

Service;

"(E) the numbers and percentages of members of all minority

groups who are Foreign Service officers at each grade; and

"(F) the numbers and percentages of members of all minority

groups promoted to each grade of the Foreign Service.

"(2) For the last preceding year for Civil Service employment

at the Department for which such information is available -

"(A) numbers and percentages of members of all minority

groups entering the Civil Service;

"(B) the number and percentages of members of all minority

groups who are Civil Service employees at each grade of the

Civil Service; and

"(C) the number of and percentages of members of all minority

groups promoted at each grade of the Civil Service."

USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT

Pub. L. 107-228, div. A, title III, Sec. 325, Sept. 30, 2002, 116

Stat. 1386, provided that:

"(a) Conduct of Recruitment Activities. -

"(1) In general. - Amounts authorized to be appropriated for

minority recruitment under section 111(1)(D) [probably means

section 111(a)(1)(D) of Pub. L. 107-228, 116 Stat. 1356] shall be

used only for activities directly related to minority

recruitment, such as recruitment materials designed to target

members of minority groups and the travel expenses of recruitment

trips to colleges, universities, and other institutions or

locations.

"(2) Limitation. - Amounts authorized to be appropriated for

minority recruitment under section 111(1)(D) may not be used to

pay salaries of employees of the Department.

"(b) Recruitment Activities at Academic Institutions. - The

Secretary shall expand the recruitment efforts of the Department to

include not less than 25 percent of the part B institutions (as

defined under section 322 of the Higher Education Act of 1965 [20

U.S.C. 1061]) in the United States and not less than 25 percent of

the Hispanic-serving institutions (as defined in section 502(a)(5)

of such Act [20 U.S.C. 1101a(a)(5)]) in the United States.

"(c) Evaluation of Recruitment Efforts. - The Secretary shall

establish a database relating to efforts to recruit members of

minority groups into the Foreign Service and the Civil Service and

shall report to the appropriate congressional committees on the

evaluation of efforts to recruit such individuals, including an

analysis of the information collected in the database created under

this subsection. Such report shall be included in each of the two

reports required under section 324 [set out as a note above]."

STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

302], Nov. 29, 1999, 113 Stat. 1536, 1501A-434, provided that: "The

Secretary of State shall designate a senior-level official of the

Department of State with responsibility for promoting regional

cooperation in and coordinating United States policy toward

Northeastern Europe."

SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

303], Nov. 29, 1999, 113 Stat. 1536, 1501A-434, provided that:

"(a) Designation. - The Secretary of State shall designate a

senior-level official of the Department of State as the Science and

Technology Adviser to the Secretary of State (in this section

referred to as the 'Adviser'). The Adviser shall have substantial

experience in the area of science and technology. The Adviser shall

report to the Secretary of State through the appropriate Under

Secretary of State.

"(b) Duties. - The Adviser shall -

"(1) advise the Secretary of State, through the appropriate

Under Secretary of State, on international science and technology

matters affecting the foreign policy of the United States; and

"(2) perform such duties, exercise such powers, and have such

rank and status as the Secretary of State shall prescribe."

TRANSITION; REAPPOINTMENT OF OFFICERS HOLDING OFFICE AS OF APRIL

30, 1994, NOT REQUIRED

Section 161(c) of Pub. L. 103-236 provided that: "Any officer of

the Department of State holding office on the date of the enactment

of this Act [Apr. 30, 1994] shall not be required to be reappointed

to any other office, at the Department of State at the same level

performing similar functions, as determined by the President, by

reason of the enactment of the amendments made by this section and

section 162 [see Effective Date of 1994 Amendment note above for

classification]."

[Functions of President under section 161(c) of Pub. L. 103-236,

set out above, delegated to Secretary of State by Memorandum of

President of the United States, July 26, 1994, 59 F.R. 40205, set

out as a note under section 2370a of this title.]

REFERENCES TO OFFICIALS AND OFFICES OF DEPARTMENT OF STATE WHOSE

AUTHORITY IS VESTED IN SECRETARY OF STATE DEEMED REFERENCES TO

SECRETARY OF STATE OR DEPARTMENT OF STATE

Section 161(d) of Pub. L. 103-236 provided that: "Except as

specifically provided in this Act [see Tables for classification],

or the amendments made by this Act, a reference in any other

provision of law to an official or office of the Department of

State affected by the amendment made by subsection (a) [amending

this section] (other than the Inspector General of the Department

of State and the Chief Financial Officer of the Department of

State) shall be deemed to be a reference to the Secretary of State

or the Department of State, as may be appropriate."

OFFICE OF COORDINATOR FOR COUNTERTERRORISM

Section 161(e) of Pub. L. 103-236, which established for not less

than one year after Apr. 30, 1994, an Office of the Coordinator for

Counterterrorism in the Department of State having the same

responsibilities and functions as such office had as of Jan. 20,

1993, was repealed by Pub. L. 105-277, div. G, subdiv. B, title

XXIII, Sec. 2301(b), Oct. 21, 1998, 112 Stat. 2681-824.

DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING

Section 161(f) of Pub. L. 103-236, as amended by Pub. L. 103-415,

Sec. 1(f)(3), Oct. 25, 1994, 108 Stat. 4300, which conditioned

availability of 1995 appropriations upon establishment of position

within Department of State of Deputy Assistant Secretary for

Burdensharing and set forth responsibilities of position, was

repealed by Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec.

2302, Oct. 21, 1998, 112 Stat. 2681-825.

-EXEC-

AUTHORIZATION TO REDELEGATE CERTAIN RESPONSIBILITIES VESTED IN THE

PRESIDENT AND DELEGATED TO THE SECRETARY OF STATE

Memorandum of President of the United States, Nov. 4, 1997, 62

F.R. 60995, provided:

Memorandum for the Secretary of State

By the authority vested in me by the Constitution and laws of the

United States, including section 301 of Title 3 of the United

States Code, to the extent that you consider doing so appropriate

to facilitate the consolidation of the Arms Control and Disarmament

Agency and the Department of State, I hereby authorize you to

redelegate to any officer of the executive branch any or all

authorities vested in the President that are delegated to the

Secretary of State by any act, order, determination, delegation of

authority, regulation, or Executive order heretofore or hereinafter

enacted or issued and that have been or may be redelegated to the

Under Secretary of State for Arms Control and International

Security Affairs.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

[For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of this title.]

-CROSS-

DEFINITIONS

For definitions of "Secretary", "Department", and "appropriate

congressional committees" as used in sections 301, 302, 324, and

325 of Pub. L. 107-228, set out as notes above, see section 3 of

Pub. L. 107-228, set out as a note under section 2651 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2652c of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "under".

-End-

-CITE-

22 USC Secs. 2652, 2652a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Secs. 2652, 2652a. Repealed. Pub. L. 103-236, title I, Sec. 162(a),

(b), Apr. 30, 1994, 108 Stat. 405

-MISC1-

Section 2652, May 26, 1949, ch. 143, Sec. 1, 63 Stat. 111; Feb.

7, 1953. ch. 2, 67 Stat. 4; Aug. 5, 1955, ch. 576, Sec. 1, 69 Stat.

536; June 30, 1958, Pub. L. 85-477, ch. V, Sec. 502(j)(1), 72 Stat.

274; July 18, 1958, Pub. L. 85-524, Sec. 1, 72 Stat. 363; July 13,

1972, Pub. L. 92-352, title I, Sec. 103(a)(1), 86 Stat. 490; Aug.

17, 1977, Pub. L. 95-105, title I, Sec. 109(c), 91 Stat. 847; Oct.

7, 1978, Pub. L. 95-426, title I, Sec. 114(a)(1), 92 Stat. 968;

Aug. 16, 1985, Pub. L. 99-93, title I, Secs. 115(a), 116(a), 99

Stat. 411; Aug. 27, 1986, Pub. L. 99-399, title I, Sec. 104(b), 100

Stat. 856, established positions in Department of State of Deputy

Secretary of State, Under Secretary of State for Political Affairs,

Under Secretary of State for Economic and Agricultural Affairs,

Under Secretary of State for Management, and Assistant Secretaries

of State.

Section 2652a, Pub. L. 95-426, title I, Sec. 115(a), Oct. 7,

1978, 92 Stat. 969, established position in Department of State of

Assistant Secretary of State for International Narcotics Matters.

EFFECTIVE DATE OF REPEAL

Repeal 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 an Effective Date of 1994 Amendment

note under section 2651a of this title.

-End-

-CITE-

22 USC Sec. 2652b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2652b. Assistant Secretary of State for South Asian Affairs

-STATUTE-

(a) Establishment of position

There is established in the Department of State the position of

Assistant Secretary of State for South Asian Affairs.

(b) Appointment

The Assistant Secretary shall be appointed by the President, by

and with the advice and consent of the Senate.

(c) Repealed. Pub. L. 103-236, title I, Sec. 162(c)(1), Apr. 30,

1994, 108 Stat. 405

(d) Repealed and Omitted

(1) Repealed. Pub. L. 103-236, title I, Sec. 162(c)(3), Apr. 30,

1994, 108 Stat. 405.

(2) Omitted.

(e) Implementation

In order to carry out this section, the Secretary of State shall

reprogram the position of Deputy Assistant Secretary for South

Asian Affairs.

-SOURCE-

(Pub. L. 102-138, title I, Sec. 122, Oct. 28, 1991, 105 Stat. 658;

Pub. L. 103-236, title I, Sec. 162(c), Apr. 30, 1994, 108 Stat.

405.)

-COD-

CODIFICATION

Section is comprised of section 122 of Pub. L. 102-138. Subsec.

(d)(2) of section 122 of Pub. L. 102-138 enacted provisions set out

as a note under section 5315 of Title 5, Government Organization

and Employees.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236, Sec. 162(c)(2), struck out

", which is in addition to the positions provided under section

2652 of this title" after "Asian Affairs".

Subsec. (c). Pub. L. 103-236, Sec. 162(c)(1), struck out subsec.

(c) which read as follows: "The Assistant Secretary shall have

responsibility within the Department of State with respect to

India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Afghanistan,

and the Maldives."

Subsec. (d)(1). Pub. L. 103-236, Sec. 162(c)(3), struck out par.

(1) which amended section 5315 of Title 5, Government Organization

and Employees.

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.

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2652c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2652c. Assistant Secretary of State for Verification and

Compliance

-STATUTE-

(a) Designation of position

The Secretary of State shall designate one of the Assistant

Secretaries of State authorized by section 2651a(c)(1) of this

title as the Assistant Secretary of State for Verification and

Compliance. The Assistant Secretary shall report to the Under

Secretary of State for Arms Control and International Security.

(b) Directive governing the Assistant Secretary of State

(1) In general

Not later than 30 days after November 29, 1999, the Secretary

of State shall issue a directive governing the position of the

Assistant Secretary.

(2) Elements of the directive

The directive issued under paragraph (1) shall set forth,

consistent with this section -

(A) the duties of the Assistant Secretary;

(B) the relationships between the Assistant Secretary and

other officials of the Department of State;

(C) any delegation of authority from the Secretary of State

to the Assistant Secretary; and

(D) such matters as the Secretary considers appropriate.

(c) Duties

(1) In general

The Assistant Secretary shall have as his principal

responsibility the overall supervision (including oversight of

policy and resources) within the Department of State of all

matters relating to verification and compliance with

international arms control, nonproliferation, and disarmament

agreements or commitments.

(2) Participation of the Assistant Secretary

(A) Primary role

Except as provided in subparagraphs (B) and (C), the

Assistant Secretary, or his designee, shall participate in all

interagency groups or organizations within the executive branch

of Government that assess, analyze, or review United States

planned or ongoing policies, programs, or actions that have a

direct bearing on verification or compliance matters, including

interagency intelligence committees concerned with the

development or exploitation of measurement or signals

intelligence or other national technical means of verification.

(B) Requirement for designation

Subparagraph (A) shall not apply to groups or organizations

on which the Secretary of State or the Undersecretary of State

for Arms Control and International Security sits, unless such

official designates the Assistant Secretary to attend in his

stead.

(C) National security limitation

(i) Waiver by President

The President may waive the provisions of subparagraph (A)

if inclusion of the Assistant Secretary would not be in the

national security interests of the United States.

(ii) Waiver by others

With respect to an interagency group or organization, or

meeting thereof, working with exceptionally sensitive

information contained in compartments under the control of

the Director of Central Intelligence, the Secretary of

Defense, or the Secretary of Energy, such Director or

Secretary, as the case may be, may waive the provision of

subparagraph (A) if inclusion of the Assistant Secretary

would not be in the national security interests of the United

States.

(iii) Transmission of waiver to Congress

Any waiver of participation under clause (i) or (ii) shall

be transmitted in writing to the appropriate committees of

Congress.

(3) Relationship to the intelligence community

The Assistant Secretary shall be the principal policy community

representative to the intelligence community on verification and

compliance matters.

(4) Reporting responsibilities

The Assistant Secretary shall have responsibility within the

Department of State for -

(A) all reports required pursuant to section 2577 of this

title;

(B) so much of the report required under paragraphs (4)

through (6) of section 2593a(a) of this title as relates to

verification or compliance matters; and

(C) other reports being prepared by the Department of State

as of November 29, 1999, relating to arms control,

nonproliferation, or disarmament verification or compliance

matters.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec.

1112], Nov. 29, 1999, 113 Stat. 1536, 1501A-486.)

-CROSS-

DEFINITIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec.

1102], Nov. 29, 1999, 113 Stat. 1536, 1501A-485, provided that: "In

this title [see Short Title of 1999 Amendment note set out under

section 2551 of this title]:

"(1) Appropriate committees of congress. - The term

'appropriate committees of Congress' means the Committee on

International Relations and the Permanent Select Committee on

Intelligence of the House of Representatives and the Committee on

Foreign Relations and the Select Committee on Intelligence of the

Senate.

"(2) Assistant secretary. - The term 'Assistant Secretary'

means the position of Assistant Secretary of State for

Verification and Compliance designated under section 1112 [22

U.S.C. 2652c].

"(3) Executive agency. - The term 'Executive agency' has the

meaning given the term in section 105 of title 5, United States

Code.

"(4) Intelligence community. - The term 'intelligence

community' has the meaning given the term in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4)).

"(5) START treaty or treaty. - The term 'START Treaty' or

'Treaty' means the Treaty With the Union of Soviet Socialist

Republics on the Reduction and Limitation of Strategic Offensive

Arms, including all agreed statements, annexes, protocols, and

memoranda, signed at Moscow on July 31, 1991.

"(6) START ii treaty. - The term 'START II Treaty' means the

Treaty Between the United States of America and the Russian

Federation on Further Reduction and Limitation of Strategic

Offensive Arms, and related protocols and memorandum of

understanding, signed at Moscow on January 3, 1993."

-End-

-CITE-

22 USC Secs. 2653 to 2655 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Secs. 2653 to 2655. Repealed. Pub. L. 103-236, title I, Sec.

162(a), (p), Apr. 30, 1994, 108 Stat. 405, 410

-MISC1-

Section 2653, acts May 26, 1949, ch. 143, Sec. 2, 63 Stat. 111;

Aug. 5, 1955, ch. 576, Sec. 2, 69 Stat. 536; June 30, 1958, Pub. L.

85-477, ch. V, Sec. 502(j)(2), 72 Stat. 274; July 30, 1959, Pub. L.

86-117, 73 Stat. 265; Aug. 14, 1964, Pub. L. 88-426, title III,

Sec. 305(14), 78 Stat. 424; July 13, 1972, Pub. L. 92-352, title I,

Sec. 103(a)(2), 86 Stat. 490; Nov. 22, 1983, Pub. L. 98-164, title

I, Sec. 125(a), 97 Stat. 1026, related to appointment and rank of

Secretary of State and other officers of Department of State.

Section 2654, act May 24, 1924, ch. 182, Sec. 30, as added Feb.

23, 1931, ch. 276, Sec. 7, 46 Stat. 1214; amended Oct. 15, 1949,

ch. 695, Sec. 6(d), 63 Stat. 881, related to office and appointment

of legal adviser in Department of State.

Section 2655, act May 18, 1937, ch. 220, 50 Stat. 169, related to

position and appointment of Counselor of Department of State.

EFFECTIVE DATE OF REPEAL

Repeal 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 an Effective Date of 1994 Amendment

note under section 2651a of this title.

-End-

-CITE-

22 USC Sec. 2655a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2655a. Bureau of Oceans and International Environmental and

Scientific Affairs within Department of State; Assistant

Secretary of State as head of Bureau

-STATUTE-

There is established within the Department of State a Bureau of

Oceans and International Environmental and Scientific Affairs.

There shall be an Assistant Secretary of State for Oceans and

International Environmental and Scientific Affairs, appointed by

the President, by and with the advice and consent of the Senate,

who shall be the head of the Bureau and who shall have

responsibility for matters relating to oceans, environmental,

scientific, fisheries, wildlife, and conservation affairs and for

such other related duties as the Secretary may from time to time

designate.

-SOURCE-

(Pub. L. 93-126, Sec. 9(a), formerly Sec. 9, Oct. 18, 1973, 87

Stat. 453, renumbered Pub. L. 93-312, Sec. 9, June 8, 1974, 88

Stat. 238; Pub. L. 103-236, title I, Sec. 162(q)(1), Apr. 30, 1994,

108 Stat. 410; Pub. L. 103-415, Sec. 1(f)(4)(B), Oct. 25, 1994, 108

Stat. 4300.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236, as amended by Pub. L. 103-415,

substituted "There shall" for "In addition to the positions

provided under section 2652 of this title, there shall" and

inserted before period at end "and for such other related duties as

the Secretary may from time to time designate".

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.

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2655b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2655b. Diplomatic presence overseas

-STATUTE-

(a) Purpose

The purpose of this section is to -

(1) elevate the stature given United States diplomatic

initiatives relating to nonproliferation and political-military

issues; and

(2) develop a group of highly specialized, technical experts

with country expertise capable of administering the

nonproliferation and political-military affairs functions of the

Department.

(b) Authority

To carry out the purposes of subsection (a) of this section, the

Secretary is authorized to establish the position of Counselor for

Nonproliferation and Political Military Affairs in United States

diplomatic missions overseas, to be filled by individuals who are

career Civil Service officers or Foreign Service officers committed

to follow-on assignments in the Nonproliferation Bureau or the

Political Military Affairs Bureau of the Department.

(c) Training

After being selected to serve as Counselor, any person so

selected shall spend not less than 10 months in language training

courses at the Foreign Service Institute,(!1) or in technical

courses administered by the Department of Defense, the Department

of Energy, or other appropriate departments and agencies of the

United States, except that such requirement for training may be

waived by the Secretary.

-SOURCE-

(Pub. L. 107-228, div. B, title XVI, Sec. 1604, Sept. 30, 2002, 116

Stat. 1460.)

-CHANGE-

CHANGE OF NAME

References to Foreign Service Institute considered to refer to

George P. Shultz National Foreign Affairs Training Center, see

section 1(b) of Pub. L. 107-132, set out as a note under section

4021 of this title.

-CROSS-

DEFINITIONS

For definitions of "Department" and "Secretary" as used in this

section, see section 3 of Pub. L. 107-228, set out as a note under

section 2651 of this title.

-FOOTNOTE-

(!1) See Change of Name note below.

-End-

-CITE-

22 USC Sec. 2656 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656. Management of foreign affairs

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 202.)

-COD-

CODIFICATION

R.S. Sec. 202 derived from acts July 27, 1789, ch. 4, Sec. 1, 1

Stat. 28; Sept. 15, 1789, ch. 14, Sec. 1, 1 Stat. 68.

Section was formerly classified to section 156 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President respecting certain facilities constructed

and maintained on United States borders delegated to Secretary of

State, see Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set

out as a note under section 301 of Title 3, The President.

-MISC1-

PRESIDENTIAL DIRECTIVE

National Intelligence Authority and Central Intelligence Group,

established by Presidential Directive, Feb. 1, 1946, 11 F.R. 1337,

to coordinate Federal foreign intelligence activities, ceased to

exist upon creation of Central Intelligence Agency; personnel,

property and records of the group were transferred to the Agency;

and unexpended funds of the group were made available to the

Agency, by act July 26, 1947, ch. 343, title I, Sec. 102, 61 Stat.

497, set out as section 403 of Title 50, War and National Defense.

EAST TIMOR TRANSITION TO INDEPENDENCE

Pub. L. 107-228, div. A, title VI, subtitle C, Sept. 30, 2002,

116 Stat. 1399, provided that:

"SEC. 631. SHORT TITLE.

"This subtitle may be cited as the 'East Timor Transition to

Independence Act of 2002'.

"SEC. 632. BILATERAL ASSISTANCE.

"(a) Authority. - The President, acting through the Administrator

of the United States Agency for International Development, is

authorized to -

"(1) support the development of civil society, including

nongovernmental organizations in East Timor;

"(2) promote the development of an independent news media;

"(3) support job creation, including support for small business

and microenterprise programs, environmental protection,

sustainable development, development of East Timor's health care

infrastructure, educational programs, and programs strengthening

the role of women in society;

"(4) promote reconciliation, conflict resolution, and

prevention of further conflict with respect to East Timor,

including establishing accountability for past gross human rights

violations;

"(5) support the voluntary and safe repatriation and

reintegration of refugees into East Timor;

"(6) support political party development, voter education,

voter registration, and other activities in support of free and

fair elections in East Timor; and

"(7) promote the development of the rule of law.

"(b) Authorization of Appropriations. -

"(1) In general. - There is authorized to be appropriated to

the President to carry out this section $25,000,000 for the

fiscal year 2003.

"(2) Availability. - Amounts appropriated pursuant to the

authorization of appropriations under paragraph (1) are

authorized to remain available until expended.

"SEC. 633. MULTILATERAL ASSISTANCE.

"The Secretary of the Treasury shall instruct the United States

executive director at each international financial institution to

which the United States is a member to use the voice, vote, and

influence of the United States to support economic and democratic

development in East Timor.

"SEC. 634. TRADE AND INVESTMENT ASSISTANCE.

"(a) OPIC. - The President should initiate negotiations with the

Government of East Timor to enter into a new agreement authorizing

the Overseas Private Investment Corporation to carry out programs

with respect to East Timor in order to expand United States

investment in East Timor, emphasizing partnerships with local East

Timorese enterprises.

"(b) Trade and Development Agency. -

"(1) In general. - The Director of the Trade and Development

Agency is authorized to carry out projects in East Timor under

section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.

2421).

"(2) Authorization of appropriations. -

"(A) In general. - There are authorized to be appropriated to

the Trade and Development Agency to carry out this subsection

$1,000,000 for fiscal year 2003.

"(B) Availability. - Amounts appropriated pursuant to the

authorization of appropriations under subparagraph (A) are

authorized to remain available until expended.

"(c) Export-Import Bank. - The Export-Import Bank of the United

States should expand its activities in connection with exports to

East Timor to the extent such activities are requested and to the

extent there is a reasonable assurance of repayment.

"SEC. 635. GENERALIZED SYSTEM OF PREFERENCES.

"As soon as possible after the enactment of this Act [Sept. 30,

2002], the United States Trade Representative and the Commissioner

of Customs should send an assessment team to East Timor to compile

a list of duty-free eligible products so that the Government of

East Timor can begin the process of applying for General System of

Preference benefits.

"SEC. 636. AUTHORITY FOR RADIO BROADCASTING.

"The Broadcasting Board of Governors should broadcast to East

Timor in an appropriate language or languages.

"SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR.

"(a) Study and Report. -

"(1) Study. - The President shall conduct a study to determine

-

"(A) the extent to which East Timor's security needs can be

met by the transfer of excess defense articles under section

516 of the Foreign Assistance Act of 1961 [22 U.S.C. 2321j];

"(B) the extent to which international military education and

training (IMET) assistance will enhance professionalism of the

armed forces of East Timor, provide training in human rights,

and promote respect for human rights and humanitarian law; and

"(C) the terms and conditions under which such defense

articles or training, as appropriate, should be provided.

"(2) Report. - Not later than 180 days after the date of the

enactment of this Act [Sept. 30, 2002], the President shall

transmit to the appropriate congressional committees a report

that contains the findings of the study conducted under paragraph

(1).

"(b) Authorization of Assistance. -

"(1) In general. - Beginning on the date on which Congress

receives the report transmitted under subsection (a)(2), or the

date on which Congress receives the certification transmitted

under paragraph (2), whichever occurs later, the President is

authorized -

"(A) to transfer excess defense articles under section 516 of

the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East

Timor in accordance with such section; and

"(B) to provide military education and training under chapter

5 of part II of such Act (22 U.S.C. 2347 et seq.) for the armed

forces of East Timor in accordance with such chapter.

"(2) Certification. - A certification described in this

paragraph is a certification that -

"(A) East Timor has established an independent armed forces;

and

"(B) the assistance proposed to be provided pursuant to

paragraph (1) -

"(i) is in the national security interests of the United

States; and

"(ii) will promote both human rights in East Timor and the

professionalization of the armed forces of East Timor.

"SEC. 638. REPORTING REQUIREMENT.

"(a) In General. - Not later than 180 days after the date of

enactment of this Act [Sept. 30, 2002], and every 12 months

thereafter for the next five years, the Secretary shall prepare and

transmit to the appropriate congressional committees a report that

contains the information described in subsection (b).

"(b) Information. - The report required by subsection (a) shall

include -

"(1) developments in East Timor's political and economic

situation in the period covered by the report, including an

evaluation of any elections which have occurred in East Timor and

the refugee reintegration process in East Timor;

"(2) in the initial report, a 3-year plan for United States

foreign assistance to East Timor in accordance with section 632,

prepared by the Administrator of the United States Agency for

International Development, which outlines the goals for United

States foreign assistance to East Timor during the 3-year period;

"(3) a description of the activities undertaken in East Timor

by the International Bank for Reconstruction and Development, the

Asian Development Bank, and other international financial

institutions, and an evaluation of the effectiveness of these

activities;

"(4) an assessment of the status of United States trade and

investment relations with East Timor, including a detailed

analysis of any trade and investment-related activity supported

by the Overseas Private Investment Corporation, the Export-Import

Bank of the United States, or the Trade and Development Agency

during the period of time since the previous report;

"(5) a comprehensive study and report on local agriculture in

East Timor, emerging opportunities for producing, processing, and

exporting indigenous agricultural products, and recommendations

for appropriate technical assistance from the United States; and

"(6) statistical data drawn from other sources on economic

growth, health, education, and distribution of resources in East

Timor."

[For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.]

[For definitions of "appropriate congressional committees" and

"Secretary" as used in subtitle C of title VI of div. A of Pub. L.

107-228, set out above, see section 3 of Pub. L. 107-228, set out

as a note under section 2651 of this title.]

PACIFIC CHARTER COMMISSION

Pub. L. 106-570, title IV, Dec. 27, 2000, 114 Stat. 3047,

provided that:

"SEC. 401. SHORT TITLE.

"This title may be cited as the 'Pacific Charter Commission Act

of 2000'.

"SEC. 402. PURPOSES.

"The purposes of this title are -

"(1) to promote a consistent and coordinated foreign policy of

the United States to ensure economic and military security in the

Asia-Pacific region;

"(2) to support democratization, the rule of law, and human

rights in the Asia-Pacific region;

"(3) to promote United States exports to the Asia-Pacific

region by advancing economic cooperation;

"(4) to assist in combating terrorism and the spread of illicit

narcotics in the Asia-Pacific region; and

"(5) to advocate an active role for the United States

Government in diplomacy, security, and the furtherance of good

governance and the rule of law in the Asia-Pacific region.

"SEC. 403. ESTABLISHMENT OF COMMISSION.

"(a) In General. - The President is authorized to establish a

commission to be known as the Pacific Charter Commission (hereafter

in this title referred to as the 'Commission').

"(b) Expiration of Authority. - The authority to establish the

Commission under this section shall expire at the close of December

31, 2002.

"SEC. 404. DUTIES OF COMMISSION.

"(a) Duties. - The Commission should establish and carry out,

either directly or through nongovernmental organizations, programs,

projects, and activities to achieve the purposes described in

section 402, including research and educational or legislative

exchanges between the United States and countries in the

Asia-Pacific region.

"(b) Monitoring of Developments. - The Commission should monitor

developments in countries of the Asia-Pacific region with respect

to United States foreign policy toward such countries, the status

of democratization, the rule of law and human rights in the region,

economic relations among the United States and such countries, and

activities related to terrorism and the illicit narcotics trade.

"(c) Policy Review and Recommendations. - In carrying out this

section, the Commission should evaluate United States Government

policies toward countries of the Asia-Pacific region and recommend

options for policies of the United States Government with respect

to such countries, with a particular emphasis on countries that are

of importance to the foreign policy, economic, and military

interests of the United States.

"(d) Contacts With Other Entities. - In performing the functions

described in subsections (a) through (c), the Commission should, as

appropriate, seek out and maintain contacts with nongovernmental

organizations, international organizations, and representatives of

industry, including receiving reports and updates from such

organizations and evaluating such reports.

"(e) Annual Report. - Not later than 18 months after the date of

the establishment of the Commission, and not later than the end of

each 12-month period thereafter, the Commission shall prepare and

submit to the President and Congress a report that contains the

findings of the Commission, in the case of the initial report,

during the period since the date of establishment of the

Commission, or, in the case of each subsequent report, during the

preceding 12-month period. Each such report shall contain -

"(1) recommendations for legislative, executive, or other

actions resulting from the evaluation of policies described in

subsection (c);

"(2) a description of programs, projects, and activities of the

Commission for the prior year or, in the case of the initial

report, since the date of establishment of the Commission; and

"(3) a complete accounting of the expenditures made by the

Commission during the prior year or, in the case of the initial

report, since the date of establishment of the Commission.

"SEC. 405. MEMBERSHIP OF COMMISSION.

"(a) Composition. - If established pursuant to section 403, the

Commission shall be composed of seven members all of whom -

"(1) shall be citizens of the United States who are not

officers or employees of any government, except to the extent

they are considered such officers or employees by virtue of their

membership on the Commission; and

"(2) shall have interest and expertise in issues relating to

the Asia-Pacific region.

"(b) Appointment. -

"(1) In general. - The individuals referred to in subsection

(a) shall be appointed -

"(A) by the President, after consultation with the Speaker

and Minority Leader of the House of Representatives, the

Chairman and ranking member of the Committee on International

Relations of the House of Representatives, the Majority Leader

and Minority Leader of the Senate, and the Chairman and ranking

member of the Committee on Foreign Relations of the Senate; and

"(B) by and with the advice and consent of the Senate.

"(2) Political affiliation. - Not more than four of the

individuals appointed under paragraph (1) may be affiliated with

the same political party.

"(c) Term. - Each member of the Commission shall be appointed for

a term of 6 years.

"(d) Vacancies. - A vacancy in the Commission shall be filled in

the same manner in which the original appointment was made.

"(e) Chairperson; Vice Chairperson. - The President shall

designate a Chairperson and Vice Chairperson of the Commission from

among the members of the Commission.

"(f) Compensation. -

"(1) Rates of pay. - Except as provided in paragraph (2),

members of the Commission shall serve without pay.

"(2) Travel expenses. - Each member of the Commission may

receive travel expenses, including per diem in lieu of

subsistence, in accordance with sections 5702 and 5703 of title

5, United States Code.

"(g) Meetings. - The Commission shall meet at the call of the

Chairperson.

"(h) Quorum. - A majority of the members of the Commission shall

constitute a quorum, but a lesser number of members may hold

hearings.

"(i) Affirmative Determinations. - An affirmative vote by a

majority of the members of the Commission shall be required for any

affirmative determination by the Commission under section 404.

"SEC. 406. POWERS OF COMMISSION.

"(a) Hearings and Investigations. - The Commission may hold such

hearings, sit and act at such times and places, take such testimony

and receive such evidence, and conduct such investigations as the

Commission considers advisable to carry out this title.

"(b) Information From Federal Agencies. - The Commission may

secure directly from any Federal department or agency such

information as the Commission considers necessary to carry out this

title. Upon request of the Chairperson of the Commission, the head

of any such department or agency shall furnish such information to

the Commission as expeditiously as possible.

"(c) Contributions. - The Commission may accept, use, and dispose

of gifts, bequests, or devises of services or property, both real

and personal, for the purpose of assisting or facilitating the work

of the Commission. Gifts, bequests, or devises of money and

proceeds from sales of other property received as gifts, bequests,

or devises shall be deposited in the Treasury and shall be

available for disbursement upon order of the Commission.

"(d) Mails. - The Commission may use the United States mails in

the same manner and under the same conditions as other departments

and agencies of the United States.

"SEC. 407. STAFF AND SUPPORT SERVICES OF COMMISSION.

"(a) Executive Director. - The Commission shall have an executive

director appointed by the Commission who shall serve the Commission

under such terms and conditions as the Commission determines to be

appropriate.

"(b) Staff. - The Commission may appoint and fix the pay of such

additional personnel, not to exceed 10 individuals, as it considers

appropriate.

"(c) Staff of Federal Agencies. - Upon request of the chairperson

of the Commission, the head of any Federal agency may detail, on a

nonreimbursable basis, any of the personnel of the agency to the

Commission to assist the Commission in carrying out its duties

under this title.

"(d) Experts and Consultants. - The chairperson of the Commission

may procure temporary and intermittent services under section

3109(b) of title 5, United States Code.

"SEC. 408. TERMINATION.

"The Commission shall terminate not later than 6 years after the

date of the establishment of the Commission.

"SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - In the event the Commission is established,

there are authorized to be appropriated to carry out this title

$2,500,000 for the initial 24-month period of the existence of the

Commission.

"(b) Availability. - Amounts appropriated pursuant to the

authorization of appropriations under subsection (a) are authorized

to remain available until expended.

"SEC. 410. EFFECTIVE DATE.

"This title shall take effect on February 1, 2001."

RECORD OF WAR CRIMINALS AND SANCTIONED COUNTRIES, ENTITIES, AND

MUNICIPALITIES; ROLE OF HUMAN RIGHTS ORGANIZATIONS AND GOVERNMENT

AGENCIES

Pub. L. 106-429, Sec. 101(a) [title V, Sec. 564(e), (g), (j),

(k)], Nov. 6, 2000, 114 Stat. 1900, 1900A-48 to 1900A-50, provided

that:

"(e) Sanctioned Country, Entity, or Municipality. - A sanctioned

country, entity, or municipality described in this section [114

Stat. 1900A-46] is one whose competent authorities have failed, as

determined by the Secretary of State, to take necessary and

significant steps to apprehend and transfer to the Tribunal all

persons who have been publicly indicted by the Tribunal.

"(g) Current Record of War Criminals and Sanctioned Countries,

Entities, and Municipalities. -

"(1) In general. - The Secretary of State shall establish and

maintain a current record of the location, including the

municipality, if known, of publicly indicted war criminals and a

current record of sanctioned countries, entities, and

municipalities.

"(2) Information of the dci and the secretary of defense. - The

Director of Central Intelligence and the Secretary of Defense

should collect and provide to the Secretary of State information

concerning the location, including the municipality, of publicly

indicted war criminals.

"(3) Information of the tribunal. - The Secretary of State

shall request that the Tribunal and other international

organizations and governments provide the Secretary of State

information concerning the location, including the municipality,

of publicly indicted war criminals and concerning country, entity

and municipality authorities known to have obstructed the work of

the Tribunal.

"(4) Report. - Beginning 30 days after the date of the

enactment of this Act [Nov. 6, 2000], and not later than

September 1 each year thereafter, the Secretary of State shall

submit a report in classified and unclassified form to the

appropriate congressional committees on the location, including

the municipality, if known, of publicly indicted war criminals,

on country, entity and municipality authorities known to have

obstructed the work of the Tribunal, and on sanctioned countries,

entities, and municipalities.

"(5) Information to congress. - Upon the request of the

chairman or ranking minority member of any of the appropriate

congressional committees, the Secretary of State shall make

available to that committee the information recorded under

paragraph (1) in a report submitted to the committee in

classified and unclassified form.

"(j) Definitions. - As used in this section -

"(1) Country. - The term 'country' means Bosnia-Herzegovina,

Croatia, and Serbia.

"(2) Entity. - The term 'entity' refers to the Federation of

Bosnia and Herzegovina, Kosova, Montenegro, and the Republika

Srpska.

"(3) Dayton agreement. - The term 'Dayton Agreement' means the

General Framework Agreement for Peace in Bosnia and Herzegovina,

together with annexes relating thereto, done at Dayton, November

10 through 16, 1995.

"(4) Tribunal. - The term 'Tribunal' means the International

Criminal Tribunal for the Former Yugoslavia.

"(k) Role of Human Rights Organizations and Government Agencies.

- In carrying out this section, the Secretary of State, the

Administrator of the Agency for International Development, and the

executive directors of the international financial institutions

shall consult with representatives of human rights organizations

and all government agencies with relevant information to help

prevent publicly indicted war criminals from benefiting from any

financial or technical assistance or grants provided to any country

or entity described in subsection (e)."

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 566(e),

(g), (j), (k)], Nov. 29, 1999, 113 Stat. 1535, 1501A-107 to

1501A-109.

REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE AND

TECHNICAL PERSONNEL

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

338], Nov. 29, 1999, 113 Stat. 1536, 1501A-443, provided that:

"(a) Findings. - Congress finds that administrative and technical

personnel posted to United States missions abroad who do not have

diplomatic status suffer financial disadvantages from their lack of

such status.

"(b) Report. - Not later than 1 year after the date of the

enactment of this Act [Nov. 29, 1999], the Secretary of State

should submit a report to the appropriate congressional committees

[Committee on International Relations of the House of

Representatives and Committee on Foreign Relations of the Senate]

concerning the extent to which administrative and technical

personnel posted to United States missions abroad who do not have

diplomatic status suffer financial disadvantages from their lack of

such status, including proposals to alleviate such disadvantages."

PRISONER INFORMATION REGISTRY FOR THE PEOPLE'S REPUBLIC OF CHINA

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VIII,

Sec. 873], Nov. 29, 1999, 113 Stat. 1536, 1501A-474, provided that:

"(a) Requirement. - The Secretary of State shall establish and

maintain a registry which shall, to the extent practicable, provide

information on all political prisoners, prisoners of conscience,

and prisoners of faith in the People's Republic of China. The

registry shall be known as the 'Prisoner Information Registry for

the People's Republic of China'.

"(b) Information in Registry. - The registry required by

subsection (a) shall include information on the charges, judicial

processes, administrative actions, uses of forced labor, incidents

of torture, lengths of imprisonment, physical and health

conditions, and other matters associated with the incarceration of

prisoners in the People's Republic of China referred to in that

subsection.

"(c) Availability of Funds. - The Secretary may make a grant to

nongovernmental organizations currently engaged in monitoring

activities regarding political prisoners in the People's Republic

of China in order to assist in the establishment and maintenance of

the registry required by subsection (a)."

REPORT TO CONGRESS ON ACTIVITIES OF NORTH KOREAN ARMED FORCES

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

585], Sept. 30, 1996, 110 Stat. 3009-121, 3009-171, as amended by

Pub. L. 107-228, div. B, title XIII, Sec. 1308(g)(1)(D), (2), Sept.

30, 2002, 116 Stat. 1441, provided that: "Ninety days after the

date of enactment of this Act [Sept. 30, 1996], and every 180 days

thereafter, the Secretary of State, in consultation with the

Secretary of Defense, shall provide a report in a classified or

unclassified form to the Committee on Appropriations including the

following information:

"(a) a best estimate on fuel used by the military forces of the

Democratic People's Republic of Korea (DPRK);

"(b) the deployment position and military training and

activities of the DPRK forces and best estimate of the associated

costs of these activities; and

"(c) steps taken to reduce the DPRK level of forces."

REPORTS TO WAR CRIMES TRIBUNAL FOR FORMER YUGOSLAVIA

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 552],

Nov. 29, 1999, 113 Stat. 1535, 1501A-99, provided in part: "That 60

days after the date of the enactment of this Act [Nov. 29, 1999],

and every 180 days thereafter, the Secretary of State shall submit

a report to the Committees on Appropriations describing the steps

the United States Government is taking to collect information

regarding allegations of genocide or other violations of

international law in the former Yugoslavia and to furnish that

information to the United Nations War Crimes Tribunal for the

former Yugoslavia".

Similar provisions were contained in the following appropriation

acts:

Pub. L. 106-429, Sec. 101(a) [title V, Sec. 552], Nov. 6, 2000,

114 Stat. 1900, 1900A-41.

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 554], Oct.

21, 1998, 112 Stat. 2681-150, 2681-188.

Pub. L. 105-118, title V, Sec. 553, Nov. 26, 1997, 111 Stat.

2422.

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

555], Sept. 30, 1996, 110 Stat. 3009-121, 3009-160.

Pub. L. 104-107, title V, Sec. 556, Feb. 12, 1996, 110 Stat. 743.

Pub. L. 103-306, title V, Sec. 575, Aug. 23, 1994, 108 Stat.

1653.

REPORTING REQUIREMENTS ON OCCUPIED TIBET

Pub. L. 103-236, title V, Sec. 536, Apr. 30, 1994, 108 Stat. 481,

provided that:

"(a) Report on United States-Tibet Relations. - Because Congress

has determined that Tibet is an occupied sovereign country under

international law and that its true representatives are the Dalai

Lama and the Tibetan Government in exile -

"(1) it is the sense of the Congress that the United States

should seek to establish a dialogue with those recognized by

Congress as the true representatives of the Tibetan people, the

Dalai Lama, his representatives and the Tibetan Government in

exile, concerning the situation in Tibet and the future of the

Tibetan people and to expand and strengthen United States-Tibet

cultural and educational relations, including promoting bilateral

exchanges arranged directly with the Tibetan Government in exile;

and

"(2) not later than 6 months after the date of enactment of

this Act [Apr. 30, 1994], and every 12 months thereafter, the

Secretary of State shall transmit to the Chairman of the

Committee on Foreign Relations and the Speaker of the House of

Representatives a report on the state of relations between the

United States and those recognized by Congress as the true

representatives of the Tibetan people, the Dalai Lama, his

representatives and the Tibetan Government in exile, and on

conditions in Tibet.

"(b) Separate Tibet Reports. -

"(1) It is the sense of the Congress that whenever a report is

transmitted to the Congress on a country-by-country basis there

should be included in such report, where applicable, a separate

report on Tibet listed alphabetically with its own state heading.

"(2) The reports referred to in paragraph (1) include, but are

not limited to, reports transmitted under sections 116(d) and

502B(b) of the Foreign Assistance Act of 1961 [22 U.S.C.

2151n(d), 2304(b)] (relating to human rights)."

CAMBODIAN GENOCIDE

Pub. L. 103-236, title V, part D, Apr. 30, 1994, 108 Stat. 486,

provided that:

"SEC. 571. SHORT TITLE.

"This part may be cited as the 'Cambodian Genocide Justice Act'.

"SEC. 572. POLICY.

"(a) In General. - Consistent with international law, it is the

policy of the United States to support efforts to bring to justice

members of the Khmer Rouge for their crimes against humanity

committed in Cambodia between April 17, 1975, and January 7, 1979.

"(b) Specific Actions Urged. - To that end, the Congress urges

the President -

"(1) to collect, or assist appropriate organizations and

individuals to collect relevant data on crimes of genocide

committed in Cambodia;

"(2) in circumstances which the President deems appropriate, to

encourage the establishment of a national or international

criminal tribunal for the prosecution of those accused of

genocide in Cambodia; and

"(3) as necessary, to provide such national or international

tribunal with information collected pursuant to paragraph (1).

"SEC. 573. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.

"(a) Establishment. - (1) None of the funds authorized to be

appropriated by this Act for 'Diplomatic and Consular Programs'

shall be available for obligation or expenditure during fiscal

years 1994 and 1995 unless, not later than 90 days after the date

of enactment of this Act [Apr. 30, 1994], the Secretary of State

has established within the Department of State under the Assistant

Secretary for East Asia and Pacific Affairs (or any successor

Assistant Secretary) the Office of Cambodian Genocide Investigation

(hereafter in this part referred to as the 'Office').

"(2) The Office may carry out its activities inside or outside of

Cambodia, except that not less than 75 percent of the funds made

available for the Office and its activities shall be used to carry

out activities within Cambodia.

"(b) Purpose. - The purpose of the Office shall be to support,

through organizations and individuals with whom the Secretary of

State may contract to carry out the operations of the Office, as

appropriate, efforts to bring to justice members of the Khmer Rouge

for their crimes against humanity committed in Cambodia between

April 17, 1975, and January 7, 1979, including -

"(1) to investigate crimes against humanity committed by

national Khmer Rouge leaders during that period;

"(2) to provide the people of Cambodia with access to

documents, records, and other evidence held by the Office as a

result of such investigation;

"(3) to submit the relevant data to a national or international

penal tribunal that may be convened to formally hear and judge

the genocidal acts committed by the Khmer Rouge; and

"(4) to develop the United States proposal for the

establishment of an international criminal tribunal for the

prosecution of those accused of genocide in Cambodia.

"(c) Contracting Authority. - The Secretary of State shall,

subject to the availability of appropriations, contract with

appropriate individuals and organizations to carry out the purpose

of the Office.

"(d) Notification to Congress. - The Committee on Foreign

Relations and the Committee on Appropriations of the Senate and the

Committee on Foreign Affairs [now Committee on International

Relations] and the Committee on Appropriations of the House of

Representatives shall be notified of any exercise of the authority

of section 34 of the State Department Basic Authorities Act of 1956

[22 U.S.C. 2706] with respect to the Office or any of its programs,

projects, or activities at least 15 days in advance in accordance

with procedures applicable to notifications under that section.

"SEC. 574. REPORTING REQUIREMENT.

"(a) In General. - Beginning 6 months after the date of enactment

of this Act [Apr. 30, 1994], and every 6 months thereafter, the

President shall submit a report to the appropriate congressional

committees -

"(1) that describes the activities of the Office, and sets

forth new facts learned about past Khmer Rouge practices, during

the preceding 6-month period; and

"(2) that describes the steps the President has taken during

the preceding 6-month period to promote human rights, to support

efforts to bring to justice the national political and military

leadership of the Khmer Rouge, and to prevent the recurrence of

human rights abuses in Cambodia through actions which are not

related to United Nations activities in Cambodia.

"(b) Definition. - For purposes of this section, the term

'appropriate congressional committees' means the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs [now Committee on International Relations] of the House of

Representatives."

[Functions of President under section 574 of Pub. L. 103-236, set

out above, delegated to Secretary of State by Memorandum of

President of the United States, July 26, 1994, 59 F.R. 40205, set

out as a note under section 2370a of this title.]

BROADENING CULTURAL, GEOGRAPHIC, AND ETHNIC REPRESENTATION OF

FOREIGN SERVICE AND DEPARTMENT OF STATE; PLAN

Pub. L. 101-246, title I, Sec. 153(a), (b), Feb. 16, 1990, 104

Stat. 43, as amended by Pub. L. 101-302, title III, Sec. 320(b)(2),

May 25, 1990, 104 Stat. 247, provided that:

"(a) Findings. - The Congress finds that a primary role of the

Department of State is to represent the interests of the American

people in foreign affairs and, as such, should strive to represent

and include, among its policy and professional employees, the great

diversity of the American people.

"(b) Recruitment. - (1) Not later than 120 days after the date of

enactment of this Act [Feb. 16, 1990], the Secretary of State shall

provide the Congress with a plan to assure that equal efforts are

undertaken in each of the regions of the United States to recruit

policy and professional Government Service employees and Foreign

Service officers for the Department of State and each of its

affiliated agencies.

"(2) Not later than January 1, 1991, the Secretary of State shall

implement the plan provided for in paragraph (1)."

PROHIBITION ON USE OF FUNDS FOR POLITICAL PURPOSES

Pub. L. 100-204, title I, Sec. 109, Dec. 22, 1987, 101 Stat.

1339, provided that: "No funds authorized to be appropriated by

this Act or by any other Act authorizing funds for any entity

engaged in any activity concerning the foreign affairs of the

United States shall be used -

"(1) for publicity or propaganda purposes designed to support

or defeat legislation pending before Congress;

"(2) to influence in any way the outcome of a political

election in the United States; or

"(3) for any publicity or propaganda purposes not authorized by

Congress."

CONSULAR AND DIPLOMATIC POSTS ABROAD

Pub. L. 100-204, title I, Sec. 122, Dec. 22, 1987, 101 Stat.

1339, prohibited use of appropriated funds for closing United

States consular or diplomatic posts abroad, or for paying expenses

related to Bureau of Administration of Department of State if a

post was closed after Jan. 1, 1987, and not reopened, provided

funding for certain consulates, provided exceptions for prohibition

on use of appropriated funds, permitted Secretary of State, in case

of a sequestration order, to submit a report proposing a list of

consular posts to be downgraded or closed in order to comply with

sequestration order, and provided that the prohibitions were to be

effective 180 days after Dec. 22, 1987, prior to repeal by Pub. L.

102-138, title I, Sec. 112(b), Oct. 28, 1991, 105 Stat. 655. See

section 2720 of this title.

CLOSING OF DIPLOMATIC AND CONSULAR POSTS IN ANTIGUA AND BARBUDA

Pub. L. 100-204, title I, Sec. 123, Dec. 22, 1987, 101 Stat.

1339, directed that none of the funds made available for the

Department of State for any fiscal year be used for expenses of

maintaining a United States diplomatic or consular post in Antigua

and Barbuda and provided that such prohibition take effect 60 days

after Dec. 22, 1987, unless the President made a determination that

such closing would not be in the national security interest of the

United States and informed both the Chairman of the Senate Foreign

Relations Committee and the House Foreign Affairs Committee of such

determination, prior to repeal by Pub. L. 101-246, title I, Sec.

121, Feb. 16, 1990, 104 Stat. 27.

CLOSURE OF MISSION IN ANTIGUA AND BARBUDA NOT IN UNITED STATES

INTERESTS

Determination of the President of the United States, No. 88-9,

Feb. 9, 1988, 53 F.R. 5749, provided:

Memorandum for the Secretary of State

In accordance with Section 123 of the Foreign Relations

Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204)

[set out above], I have determined that closure of the U.S.

Diplomatic and Consular Mission in Antigua and Barbuda is not in

the national security interests of the United States.

You are hereby authorized and directed to report this

determination to the Congress, as required by law. This

determination shall be published in the Federal Register.

Ronald Reagan.

ASSIGNMENT OF DRUG ENFORCEMENT ADMINISTRATION AGENTS ABROAD

Pub. L. 100-204, title VIII, Sec. 801, Dec. 22, 1987, 101 Stat.

1397, provided that: "If the Secretary of State, in exercising his

authority to establish overseas staffing levels for Federal

agencies with activities abroad, authorizes the assignment of any

Drug Enforcement Administration agent to a particular United States

mission abroad, the Secretary shall authorize the assignment of at

least two such agents to that mission."

WAIVER OF PROVISIONS OF PUBLIC LAW 100-204 DURING FISCAL YEARS 1988

AND 1989

Pub. L. 100-202, Sec. 101(a) [title III, Sec. 305], Dec. 22,

1987, 101 Stat. 1329, 1329-23, provided that: "The following

sections of H.R. 1777 (the Foreign Relations Authorization Act,

Fiscal Years 1988 and 1989 [Pub. L. 100-204]) are waived during

Fiscal Years 1988 and 1989 in the event that H.R. 1777 is enacted

into law: Sec. 122 [set out above], Sec. 151, and Sec. 204 [22

U.S.C. 1461 note]."

REPORT TO CONGRESS ON SOVIET BREACH OF DUTIES OBLIGATIONS TO UNITED

STATES DIPLOMATS OR MISSIONS

Pub. L. 99-500, Sec. 101(b) [title III, Sec. 300], Oct. 18, 1986,

100 Stat. 1783-39, 1783-58, and Pub. L. 99-591, Sec. 101(b) [title

III, Sec. 300], Oct. 30, 1986, 100 Stat. 3341-39, 3341-58, which

required the Secretary of State to report every six months to the

Speaker of the House of Representatives and the President of the

Senate on failures by Soviet agencies to perform obligations to

United States diplomats or United States missions to the Soviet

Union and on actions undertaken by the Department of State to

redress these failures, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, page 127 of House Document No. 103-7.

RESPONSIBILITY OF UNITED STATES MISSIONS TO PROMOTE FREEDOM OF

PRESS ABROAD

Pub. L. 99-93, title I, Sec. 138, Aug. 16, 1985, 99 Stat. 422,

provided that:

"(a) Responsibility. - The United States chief of mission to a

foreign country in which there is not respect for freedom of the

press shall actively promote respect for freedom of the press in

that country.

"(b) Definition. - As used in this section, the term 'respect for

freedom of the press' means that a government -

"(1) allows foreign news correspondents into the country and

does not subject them to harassment or restrictions;

"(2) allows nongovernment-owned press to operate in the

country; and

"(3) does not subject the press in the country to systematic

censorship."

EMERGENCY TELEPHONE SERVICE AT UNITED STATES CONSULAR OFFICES

Pub. L. 99-93, title I, Sec. 139, Aug. 16, 1985, 99 Stat. 422,

provided that: "It is the sense of the Congress that the Secretary

of State should ensure that all United States consular offices are

equipped with 24-hour emergency telephone service through which

United States citizens can contact a member of the staff of any

such office. The Secretary should publicize the telephone number of

each such service for the information of United States citizens.

Not more than 90 days after the date of the enactment of this Act

[Aug. 16, 1985], the Secretary shall submit a report to the

Congress on steps taken in accordance with this section."

TORTURE BY FOREIGN GOVERNMENTS; UNITED STATES POLICY IN OPPOSITION;

IMPLEMENTATION

Pub. L. 98-447, Oct. 4, 1984, 98 Stat. 1721, provided: "That the

Congress reaffirms that it is the continuing policy of the United

States Government to oppose the practice of torture by foreign

governments through public and private diplomacy and, when

necessary and appropriate, through the enactment and vigorous

implementation of laws intended to reinforce United States policies

with respect to torture. The United States Government opposes acts

of torture wherever they occur, without regard to ideological or

regional considerations, and will make every effort to work

cooperatively with other governments and with nongovernmental

organizations to combat the practice of torture worldwide.

"Sec. 2. (a) The President is requested -

"(1) to instruct the Permanent Representative of the United

States to the United Nations to continue to raise the issue of

torture practiced by governments; and

"(2) to continue to involve the United States Government in the

formulation of international standards and effective implementing

mechanisms, particularly the draft Convention Against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment.

"(b) In order to implement the policy expressed in the first

section of this resolution, the Secretary of State is requested to

issue formal instructions to each United States chief of mission

regarding United States policy with respect to torture, including -

"(1) instructions -

"(A) to examine allegations of the practice of torture,

particularly allegations concerning the existence of secret

detention, extended incommunicado detention, and restrictions

on access by family members, lawyers, and independent medical

personnel to detainees; and

"(B) to forward such information as may be gathered,

including information regarding any efforts made by the host

government to reduce and eliminate the practice of torture, to

the Assistant Secretary of State for Human Rights and

Humanitarian Affairs for analysis in preparing the Department's

annual country reports on human rights practices;

"(2) in the case of a chief of mission assigned to a country

where torture is regularly practiced, instructions to report on a

periodic basis as circumstances require to the Assistant

Secretary of State for Human Rights and Humanitarian Affairs

regarding efforts made by the respective United States diplomatic

mission to implement United States policy with respect to

combating torture;

"(3) instructions to meet with indigenous human rights

monitoring groups knowledgeable about the practice of torture for

the purpose of gathering information about such practice; and

"(4) instructions to express concern in individual cases of

torture brought to the attention of a United States diplomatic

mission including, whenever feasible, sending United States

observers to trials when there is reason to believe that torture

has been used against the accused.

"(c) The Secretary of Commerce should continue to enforce

vigorously the current restrictions on the export of crime control

equipment pursuant to the Export Administration Act of 1979 [50

App. U.S.C. 2401 et seq.].

"(d) The heads of the appropriate departments of the United

States Government that furnish military and law enforcement

training to foreign personnel, particularly personnel from

countries where the practice of torture has been a documented

concern, shall include in such training, when relevant, instruction

regarding international human rights standards and the policy of

the United States with respect to torture."

[Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.]

UNITED STATES DIPLOMATIC RELATIONS WITH THE VATICAN

Pub. L. 98-164, title I, Sec. 134, Nov. 22, 1983, 97 Stat. 1029,

provided that: "In order to provide for the establishment of United

States diplomatic relations with the Vatican, the Act entitled 'An

Act making Appropriations for the Consular and Diplomatic Expenses

of the Government for the Year ending thirtieth June, eighteen

hundred and sixty-eight, and for other purposes', approved February

28, 1867, is amended by repealing the following sentence (14 Stat.

413): 'And no money hereby or otherwise appropriated shall be paid

for the support of an American legation at Rome, from and after the

thirtieth day of June, eighteen hundred and sixty-seven.'."

REOPENING CERTAIN UNITED STATES CONSULATES

Pub. L. 97-241, title I, Sec. 103(b), (c), Aug. 24, 1982, 96

Stat. 273, as amended by Pub. L. 98-164, title I, Sec. 137, Nov.

22, 1983, 97 Stat. 1030; Pub. L. 103-236, title I, Sec. 139(8),

Apr. 30, 1994, 108 Stat. 398, provided that:

"(b) None of the funds made available under this [Pub. L. 97-241]

or any other Act for 'Administration of Foreign Affairs' may be

used for the establishment or operation of any United States

consulate that did not exist on the date of enactment of this Act

[Aug. 24, 1982] (other than the consulates specified in subsection

(c)) until all the United States consulates specified in subsection

(c) have been reopened as required by section 108 of the Department

of State Authorization Act, Fiscal Years 1980 and 1981 [section 108

of Pub. L. 96-60, set out as a note below], to the extent such

reopening is authorized by the foreign government involved.

"(c) The consulates referred to in subsections (a) [section

103(a) of Pub. L. 97-241, which was not classified to the Code] and

(b) of this section are the consulates in the following locations:

Turin, Italy; Salzburg, Austria; Goteborg, Sweden; Bremen, Germany;

Nice, France; Mandalay, Burma; and Brisbane, Australia."

UNITED STATES CONSULATES

Pub. L. 96-60, title I, Sec. 108, Aug. 15, 1979, 93 Stat. 397,

provided that:

"(a) The following United States consulates shall not be closed

or, if closed on the date of enactment of this Act [Aug. 15, 1979],

shall be reopened as soon as possible after such date: Salzburg,

Austria; Bremen, Germany; Nice, France; Turin, Italy; Goteborg,

Sweden; Adana, Turkey; Tangier, Morocco; Mandalay, Burma; Brisbane,

Australia; and Surabaya, Indonesia.

"(b) Personnel assigned to the consulates described in subsection

(a) shall not be counted toward any personnel ceiling for the

Department of State established by the Director of the Office of

Management and Budget."

ACTION WITH REGARD TO INTERNATIONAL JOURNALISTIC FREEDOM

Pub. L. 95-426, title VI, Sec. 603, Oct. 7, 1978, 92 Stat. 985,

as amended by Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24,

1982, 96 Stat. 299, provided that:

"(a) The Congress finds that -

"(1) news dissemination and the free flow of information across

national boundaries are vital to international understanding and

to healthy relations among countries; and

"(2) recurring and reliable reports strongly indicate that in

many countries foreign news correspondents are subject to

governmental harassment and restriction, including the denial of

access to legitimate news sources, the imposition of censorship,

and detention, incarceration, and expulsion.

"(b) It is therefore the sense of the Congress that the President

should -

"(1) advise the appropriate officials of any foreign government

which subjects foreign news correspondents to harassment and

restrictions that the United States considers such mistreatment a

significant and potentially damaging factor in overall relations

of the United States with such country; and

"(2) raise in appropriate international forums the issue of the

treatment of foreign news correspondents, with a view toward

gaining multilateral support for the legitimate rights of such

correspondents.

"(c) [Repealed. Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24,

1982, 96 Stat. 299.]"

DIPLOMATIC RELATIONS WITH FOREIGN GOVERNMENT NOT INDICATION OF

APPROVAL OF SUCH GOVERNMENT

Pub. L. 95-426, title VI, Sec. 607, Oct. 7, 1978, 92 Stat. 988,

provided that: "The Congress finds that the conduct of diplomatic

relations with a foreign government has as its principal purpose

the discussion and negotiation with that government of outstanding

issues and, like the recognition of a foreign government, does not

in itself imply approval of that government or of the

political-economic system it represents."

-End-

-CITE-

22 USC Sec. 2656a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656a. Congressional declaration of findings of major

significance of modern scientific and technological advances in

foreign policy

-STATUTE-

The Congress finds that -

(1) the consequences of modern scientific and technological

advances are of such major significance in United States foreign

policy that understanding and appropriate knowledge of modern

science and technology by officers and employees of the United

States Government are essential in the conduct of modern

diplomacy;

(2) many problems and opportunities for development in modern

diplomacy lie in scientific and technological fields;

(3) in the formulation, implementation, and evaluation of the

technological aspects of United States foreign policy, the United

States Government should seek out and consult with both public

and private industrial, academic, and research institutions

concerned with modern technology; and

(4) the effective use of science and technology in

international relations for the mutual benefit of all countries

requires the development and use of the skills and methods of

long-range planning.

-SOURCE-

(Pub. L. 95-426, title V, Sec. 501, Oct. 7, 1978, 92 Stat. 982.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3503 of this title.

-End-

-CITE-

22 USC Sec. 2656b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656b. Congressional declaration of policy regarding

consequences of science and technology on conduct of foreign

policy

-STATUTE-

In order to maximize the benefits and to minimize the adverse

consequences of science and technology in the conduct of foreign

policy, the Congress declares the following to be the policy of the

United States:

(1) Technological opportunities, impacts, changes, and threats

should be anticipated and assessed, and appropriate measures

should be implemented to influence such technological

developments in ways beneficial to the United States and other

countries.

(2) The mutually beneficial applications of technology in

bilateral and multilateral agreements and activities involving

the United States and foreign countries or international

organizations should be recognized and supported as an important

element of United States foreign policy.

(3) The United States Government should implement appropriate

measures to insure that individuals are trained in the use of

science and technology as an instrument in international

relations and that officers and employees of the United States

Government engaged in formal and informal exchanges of scientific

and technical information, personnel, and hardware are

knowledgeable in international affairs.

(4) In recognition of the environmental and technological

factors that change relations among countries and in recognition

of the growing interdependence between the domestic and foreign

policies and programs of the United States, United States foreign

policy should be continually reviewed by the executive and

legislative branches of the Government to insure appropriate and

timely application of science and technology to the conduct of

United States foreign policy.

(5) Federally supported international science and technology

agreements should be negotiated to ensure that -

(A) intellectual property rights are properly protected; and

(B) access to research and development opportunities and

facilities, and the flow of scientific and technological

information, are, to the maximum extent practicable, equitable

and reciprocal.

-SOURCE-

(Pub. L. 95-426, title V, Sec. 502, Oct. 7, 1978, 92 Stat. 982;

Pub. L. 100-418, title V, Sec. 5171(a), Aug. 23, 1988, 102 Stat.

1452.)

-MISC1-

AMENDMENTS

1988 - Par. (5). Pub. L. 100-418 added par. (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2656d, 3503 of this

title.

-End-

-CITE-

22 USC Sec. 2656c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656c. Responsibilities of President

-STATUTE-

(a) Identification, evaluation and initiation of scientific and

technological developments

The President, in consultation with the Director of the Office of

Science and Technology Policy and other officials whom the

President considers appropriate, shall -

(1) notwithstanding any other provision of law, insure that the

Secretary of State is informed and consulted before any agency of

the United States Government takes any major action, primarily

involving science or technology, with respect to any foreign

government or international organization;

(2) identify and evaluate elements of major domestic science

and technology programs and activities of the United States

Government with significant international implications;

(3) identify and evaluate international scientific or

technological developments with significant implications for

domestic programs and activities of the United States Government;

and

(4) assess and initiate appropriate international scientific

and technological activities which are based upon domestic

scientific and technological activities of the United States

Government and which are beneficial to the United States and

foreign countries.

(b) Repealed. Pub. L. 104-66, title I, Sec. 1111(b), Dec. 21, 1995,

109 Stat. 723

(c) Disclosure of sensitive information

Except as otherwise provided by law, nothing in this section

shall be construed as requiring the public disclosure of sensitive

information relating to intelligence sources or methods or to

persons engaged in monitoring scientific or technological

developments for intelligence purposes.

(d) Availability to United States Trade Representative of

information and recommendations

(1) The information and recommendations developed under

subsection (b)(3) of this section shall be made available to the

United States Trade Representative for use in his consultations

with Federal agencies pursuant to Executive orders pertaining to

the transfer of science and technology.

(2) In providing such information and recommendations, the

President shall utilize information developed by any Federal

departments, agencies, or interagency committees as he may consider

necessary.

-SOURCE-

(Pub. L. 95-426, title V, Sec. 503, Oct. 7, 1978, 92 Stat. 983;

Pub. L. 100-418, title V, Sec. 5171(b), (c), Aug. 23, 1988, 102

Stat. 1453; Pub. L. 104-66, title I, Sec. 1111(b), Dec. 21, 1995,

109 Stat. 723.)

-MISC1-

AMENDMENTS

1995 - Subsec. (b). Pub. L. 104-66 struck out subsec. (b) which

related to reports to Congress.

1988 - Subsec. (b). Pub. L. 100-418, Sec. 5171(b)(1), (2),

substituted "the Speaker of the House of Representatives and the

Committees on Foreign Relations and Governmental Affairs of the

Senate a report containing information and recommendations" for

"Congress a report containing recommendations".

Subsec. (b)(3). Pub. L. 100-418, Sec. 5171(b)(3)-(5), added par.

(3).

Subsec. (d). Pub. L. 100-418, Sec. 5171(c), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2656d, 3503 of this

title.

-End-

-CITE-

22 USC Sec. 2656d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656d. Responsibilities of Secretary of State

-STATUTE-

(a) Coordination and oversight over science and technology

agreements between United States and foreign countries, etc.

(1) In order to implement the policies set forth in section 2656b

of this title, the Secretary of State (hereafter in this section

referred to as the "Secretary") shall have primary responsibility

for coordination and oversight with respect to all major science or

science and technology agreements and activities between the United

States and foreign countries, international organizations, or

commissions of which the United States and one or more foreign

countries are members.

(2) In coordinating and overseeing such agreements and

activities, the Secretary shall consider (A) scientific merit; (B)

equity of access as described in section 2656c(b) of this title;

(C) possible commercial or trade linkages with the United States

which may flow from the agreement or activity; (D) national

security concerns; and (E) any other factors deemed appropriate.

(3) Prior to entering into negotiations on such an agreement or

activity, the Secretary shall provide Federal agencies which have

primary responsibility for, or substantial interest in, the subject

matter of the agreement or activity, including those agencies

responsible for -

(A) Federal technology management policies set forth by Public

Law 96-517 and the Stevenson-Wydler Technology Innovation Act of

1980 [15 U.S.C. 3701 et seq.];

(B) national security policies;

(C) United States trade policies; and

(D) relevant Executive orders,

with an opportunity to review the proposed agreement or activity to

ensure its consistency with such policies and Executive orders, and

to ensure effective interagency coordination.

(b) Long-term contracts, grants, to obtain studies, etc., with

respect to application of science and technology to foreign

policy

The Secretary shall, to such extent or in such amounts as are

provided in appropriation Acts, enter into long-term contracts,

including contracts for the services of consultants, and shall make

grants and take other appropriate measures in order to obtain

studies, analyses, and recommendations from knowledgeable persons

and organizations with respect to the application of science or

technology to problems of foreign policy.

(c) Long-term and short-term contracts, grants, to train officers

and employees in application of science and technology to

problems of foreign policy

The Secretary shall, to such extent or in such amounts as are

provided in appropriation Acts, enter into short-term and long-term

contracts, including contracts for the services of consultants, and

shall make grants and take other appropriate measures in order to

obtain assistance from knowledgeable persons and organizations in

training officers and employees of the United States Government, at

all levels of the Foreign Service and Civil Service -

(1) in the application of science and technology to problems of

United States foreign policy and international relations

generally; and

(2) in the skills of long-range planning and analysis with

respect to the scientific and technological aspects of United

States foreign policy.

(d) Detached service for graduate studies

In obtaining assistance pursuant to subsection (c) of this

section in training personnel who are officers or employees of the

Department of State, the Secretary may provide for detached service

for graduate study at accredited colleges and universities.

-SOURCE-

(Pub. L. 95-426, title V, Sec. 504, Oct. 7, 1978, 92 Stat. 983;

Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24, 1982, 96 Stat.

299; Pub. L. 100-418, title V, Sec. 5171(d), Aug. 23, 1988, 102

Stat. 1453.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 96-517, referred to in subsec. (a)(3)(A), is Pub. L.

96-517, Dec. 12, 1980, 94 Stat. 3015, which enacted sections 200 to

211 and 301 to 307 of Title 35, Patents, amended section 1113 of

Title 15, Commerce and Trade, sections 101 and 117 of Title 17,

Copyrights, sections 41, 42, and 154 of Title 35, and sections

2186, 2457, and 5908 of Title 42, The Public Health and Welfare,

and enacted provisions set out as notes under sections 13 and 41 of

Title 35. For complete classification of this Act to the Code, see

Short Title of 1980 Amendment note set out under section 41 of

Title 35 and Tables.

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (a)(3)(A), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.

2311, as amended, which is classified generally to chapter 63 (Sec.

3701 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 3701 of Title 15 and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "In

order to implement the policy set forth in section 2656b of this

title, the Secretary of State (hereafter in this section referred

to as the 'Secretary') shall have primary responsibility for

coordination and oversight with respect to all major science or

science and technology agreements and activities between the United

States and foreign countries, international organizations, or

commissions of which the United States and one or more foreign

countries are members."

1982 - Subsec. (e). Pub. L. 97-241 struck out subsec. (e) which

provided that not later than Jan. 20, 1979, the Secretary transmit

to the Committee on Appropriations and the Committee on

International Relations of the House of Representatives, and to the

Committee on Appropriations and the Committee on Foreign Relations

of the Senate, a report on the implementation of his

responsibilities under this title, which report was to include an

assessment of the personnel required in order to carry out such

responsibilities, existing and planned programs for research and

analysis to support long-range planning for the application of

science and technology to foreign policy, existing and planned

programs for training officers and employees of the United States

Government pursuant to subsec. (c) of this section, and existing

and planned programs to enter into long-term contracts with

academic and other organizations for assistance in training and in

obtaining studies, analyses, and recommendations with respect to

the application of science or technology to problems of foreign

policy.

MULTILATERAL AGREEMENT GOVERNING USE OF NUCLEAR-POWERED SATELLITES

Section 608 of Pub. L. 95-426, as amended by Pub. L. 97-241,

title V, Sec. 505(a)(2), Aug. 24, 1982, 96 Stat. 299, provided

that:

"(a) The Congress finds that -

"(1) no international regime governs the use of nuclear-powered

satellites in space;

"(2) the unregulated use of such technology poses the

possibility of catastrophic damage to human life and the global

environment; and

"(3) this danger has been evidenced by mishaps encountered,

despite certain precautions, by nuclear-powered satellites of

both the United States and the Soviet Union.

"(b) It is therefore the sense of the Congress that the United

States should take the initiative immediately in seeking a

multilateral agreement governing the use of nuclear-powered

satellites in space.

"(c) [Repealed. Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24,

1982, 96 Stat. 299.]"

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3503 of this title.

-End-

-CITE-

22 USC Sec. 2656e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656e. Terrorism-related travel advisories

-STATUTE-

The Secretary of State shall promptly advise the Congress

whenever the Department of State issues a travel advisory, or other

public warning notice for United States citizens traveling abroad,

because of a terrorist threat or other security concern.

-SOURCE-

(Pub. L. 99-399, title V, Sec. 505, Aug. 27, 1986, 100 Stat. 871.)

-End-

-CITE-

22 USC Sec. 2656f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656f. Annual country reports on terrorism

-STATUTE-

(a) Requirement of annual country reports on terrorism

The Secretary of State shall transmit to the Speaker of the House

of Representatives and the Committee on Foreign Relations of the

Senate, by April 30 of each year, a full and complete report

providing -

(1) detailed assessments with respect to each foreign country -

(A) in which acts of international terrorism occurred which

were, in the opinion of the Secretary, of major significance;

(B) about which the Congress was notified during the

preceding five years pursuant to section 2405(j) of the

Appendix to title 50; and

(C) which the Secretary determines should be the subject of

such report;

(2) all relevant information about the activities during the

preceding year of any terrorist group, and any umbrella group

under which such terrorist group falls, known to be responsible

for the kidnapping or death of an American citizen during the

preceding five years, any terrorist group known to be financed by

countries about which Congress was notified during the preceding

year pursuant to section 2405(j) of the Appendix to title 50, and

any other known international terrorist group which the Secretary

determines should be the subject of such report;

(3) with respect to each foreign country from which the United

States Government has sought cooperation during the previous five

years in the investigation or prosecution of an act of

international terrorism against United States citizens or

interests, information on -

(A) the extent to which the government of the foreign country

is cooperating with the United States Government in

apprehending, convicting, and punishing the individual or

individuals responsible for the act; and

(B) the extent to which the government of the foreign country

is cooperating in preventing further acts of terrorism against

United States citizens in the foreign country; and

(4) with respect to each foreign country from which the United

States Government has sought cooperation during the previous five

years in the prevention of an act of international terrorism

against such citizens or interests, the information described in

paragraph (3)(B).

(b) Provisions to be included in report

The report required under subsection (a) of this section should

to the extent feasible include (but not be limited to) -

(1) with respect to subsection (a)(1) -

(A) a review of major counterterrorism efforts undertaken by

countries which are the subject of such report, including, as

appropriate, steps taken in international fora;

(B) the response of the judicial system of each country which

is the subject of such report with respect to matters relating

to terrorism affecting American citizens or facilities, or

which have, in the opinion of the Secretary, a significant

impact on United States counterterrorism efforts, including

responses to extradition requests; and

(C) significant support, if any, for international terrorism

by each country which is the subject of such report, including

(but not limited to) -

(i) political and financial support;

(ii) diplomatic support through diplomatic recognition and

use of the diplomatic pouch;

(iii) providing sanctuary to terrorists or terrorist

groups; and

(iv) the positions (including voting records) on matters

relating to terrorism in the General Assembly of the United

Nations and other international bodies and fora of each

country which is the subject of such report; and

(2) with respect to subsection (a)(2) of this section, any -

(A) significant financial support provided by foreign

governments to those groups directly, or provided in support of

their activities;

(B) provisions of significant military or paramilitary

training or transfer of weapons by foreign governments to those

groups;

(C) provision of diplomatic recognition or privileges by

foreign governments to those groups;

(D) provision by foreign governments of sanctuary from

prosecution to these groups or their members responsible for

the commission, attempt, or planning of an act of international

terrorism; and

(E) efforts by the United States to eliminate international

financial support provided to those groups directly or provided

in support of their activities.

(c) Classification of report

(1) Except as provided in paragraph (2), the report required

under subsection (a) of this section shall, to the extent

practicable, be submitted in an unclassified form and may be

accompanied by a classified appendix.

(2) If the Secretary of State determines that the transmittal of

the information with respect to a foreign country under paragraph

(3) or (4) of subsection (a) of this section in classified form

would make more likely the cooperation of the government of the

foreign country as specified in such paragraph, the Secretary may

transmit the information under such paragraph in classified form.

(d) Definitions

As used in this section -

(1) the term "international terrorism" means terrorism

involving citizens or the territory of more than 1 country;

(2) the term "terrorism" means premeditated, politically

motivated violence perpetrated against noncombatant targets by

subnational groups or clandestine agents; and

(3) the term "terrorist group" means any group practicing, or

which has significant subgroups which practice, international

terrorism.

(e) Reporting period

(1) The report required under subsection (a) of this section

shall cover the events of the calendar year preceding the year in

which the report is submitted.

(2) The report required by subsection (a) of this section to be

submitted by March 31, 1988, may be submitted no later than August

31, 1988.

-SOURCE-

(Pub. L. 100-204, title I, Sec. 140, Dec. 22, 1987, 101 Stat. 1347;

Pub. L. 101-246, title I, Sec. 122, Feb. 16, 1990, 104 Stat. 27;

Pub. L. 103-236, title I, Sec. 133(b)(1), Apr. 30, 1994, 108 Stat.

395; Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

578], Sept. 30, 1996, 110 Stat. 3009-121, 3009-169.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(3), (4). Pub. L. 104-208, Sec. 101(c) [title

V, Sec. 578(1)], added pars. (3) and (4).

Subsec. (c). Pub. L. 104-208, Sec. 101(c) [title V, Sec. 578(2)],

designated existing provisions as par. (1), realigned margins,

substituted "Except as provided in paragraph (2), the report" for

"The report", and added par. (2).

1994 - Subsec. (b)(2)(E). Pub. L. 103-236 added subpar. (E).

1990 - Subsec. (a). Pub. L. 101-246 substituted "April 30" for

"March 31".

REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS WERE

KILLED AND RELATED MATTERS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VIII,

Sec. 805], Nov. 29, 1999, 113 Stat. 1536, 1501A-470, as amended by

Pub. L. 107-228, div. A, title II, Sec. 216(c), Sept. 30, 2002, 116

Stat. 1367, provided that:

"(a) In General. - Not later than May 1, 2003, and not later than

May 1, 2004, the Secretary of State shall prepare and submit a

report, with a classified annex as necessary, to the appropriate

congressional committees [Committee on International Relations of

the House of Representatives and Committee on Foreign Relations of

the Senate] regarding terrorist attacks in Israel, in territory

administered by Israel, and in territory administered by the

Palestinian Authority. The report shall contain the following

information:

"(1) A list of formal commitments the Palestinian Authority has

made to combat terrorism.

"(2) A list of terrorist attacks, occurring between September

13, 1993 and the date of the report, against United States

citizens in Israel, in territory administered by Israel, or in

territory administered by the Palestinian Authority, including -

"(A) a list of all citizens of the United States killed or

injured in such attacks;

"(B) the date of each attack and the total number of people

killed or injured in each attack;

"(C) the person or group claiming responsibility for the

attack and where such person or group has found refuge or

support;

"(D) a list of suspects implicated in each attack and the

nationality of each suspect, including information on -

"(i) which suspects are in the custody of the Palestinian

Authority and which suspects are in the custody of Israel;

"(ii) which suspects are still at large in areas controlled

by the Palestinian Authority or Israel; and

"(iii) the whereabouts (or suspected whereabouts) of

suspects implicated in each attack.

"(3) Of the suspects implicated in the attacks described in

paragraph (2) and detained by Palestinian or Israeli authorities,

information on -

"(A) the date each suspect was incarcerated;

"(B) whether any suspects have been released, the date of

such release, and whether any released suspect was implicated

in subsequent acts of terrorism; and

"(C) the status of each case pending against a suspect,

including information on whether the suspect has been indicted,

prosecuted, or convicted by the Palestinian Authority or

Israel.

"(4) The policy of the Department of State with respect to

offering rewards for information on terrorist suspects, including

any information on whether a reward has been posted for suspects

involved in terrorist attacks listed in the report.

"(5) A list of each request by the United States for assistance

in investigating terrorist attacks listed in the report, a list

of each request by the United States for the transfer of

terrorist suspects from the Palestinian Authority and Israel

since September 13, 1993, and the response to each request from

the Palestinian Authority and Israel.

"(6) A description of efforts made by United States officials

since September 13, 1993 to bring to justice perpetrators of

terrorist acts against United States citizens as listed in the

report.

"(7) A list of any terrorist suspects in these cases who are

members of Palestinian police or security forces, the Palestine

Liberation Organization, or any Palestinian governing body.

"(8) A list of all United States citizens killed or injured in

terrorist attacks in Israel or in territory administered by

Israel between 1950 and September 13, 1993, to include in each

case, where such information is reasonably available, any stated

claim of responsibility and the resolution or disposition of each

case, except that this list shall be submitted only once with the

initial report required under this section unless additional

relevant information on these cases becomes available.

"(b) Consultation with Other Departments. - The Secretary of

State shall, in preparing the report required by this section,

consult and coordinate with all other Government officials who have

information necessary to complete the report. Nothing contained in

this section shall require the disclosure, on a classified or

unclassified basis, of information that would jeopardize sensitive

sources and methods or other vital national security interests or

jeopardize ongoing criminal investigations or proceedings.

"(c) Initial Report. - Except as provided in subsection (a)(8),

the initial report filed under this section shall cover the period

between September 13, 1993 and the date of the report."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2656g of this title; title

8 section 1189; title 10 section 2249a.

-End-

-CITE-

22 USC Sec. 2656g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656g. Report on terrorist assets in United States

-STATUTE-

(a) Reports to Congress

Beginning 90 days after October 28, 1991, and every 365 days

thereafter, the Secretary of the Treasury, in consultation with the

Attorney General and appropriate investigative agencies, shall

submit to the Committee on Foreign Relations and the Committee on

Finance of the Senate and the Committee on Foreign Affairs and the

Committee on Ways and Means of the House of Representatives a

report describing the nature and extent of assets held in the

United States by terrorist countries and any organization engaged

in international terrorism. Each such report shall provide a

detailed list and description of specific assets.

(b) Definitions

For purposes of this section -

(1) the term "terrorist countries", refers to countries

designated by the Secretary of State under section 2780(d) of

this title; and

(2) the term "international terrorism" has the meaning given

such term in section 2656f(d) of this title.

-SOURCE-

(Pub. L. 102-138, title III, Sec. 304, Oct. 28, 1991, 105 Stat.

710; Pub. L. 103-236, title I, Sec. 133(b)(2), Apr. 30, 1994, 108

Stat. 396.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236 substituted "Secretary of the

Treasury, in consultation with the Attorney General and appropriate

investigative agencies," for "Secretary of the Treasury" and

inserted at end "Each such report shall provide a detailed list and

description of specific assets."

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 2656h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656h. International credit reports

-STATUTE-

(a) Report on loan criteria

Not later than 90 days after October 28, 1991, the Assistant

Secretary of State for Economic and Business Affairs, in

consultation with the Secretary of the Treasury, shall submit to

the Chairman of the Foreign Relations Committee of the Senate and

the Speaker of the House of Representatives a report setting forth

clear criteria for bilateral loans by which the United States can

determine the likelihood of repayment by a country seeking to

receive United States loans. The report should include the criteria

used for -

(1) assessing country risk;

(2) projecting loan repayments; and

(3) estimating subsidy levels.

(b) Reports on loans

Beginning 180 days after the submission of the report in

subsection (a) of this section and annually thereafter, the

Secretary of State, in consultation with the Secretary of the

Treasury, shall submit a report to the Chairman of the Foreign

Relations Committee of the Senate and the Speaker of the House of

Representatives showing actual repayments by country and by program

to the United States Government for the previous 5 years and the

scheduled repayments to the United States Government for the next 5

years.

-SOURCE-

(Pub. L. 102-138, title I, Sec. 197, Oct. 28, 1991, 105 Stat. 684.)

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2656i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2656i. Counterdrug and anticrime activities of Department of

State

-STATUTE-

(a) Counterdrug and law enforcement strategy

(1) Requirement

Not later than 180 days after October 21, 1998, the Secretary

of State shall establish, implement, and submit to Congress a

comprehensive, long-term strategy to carry out the counterdrug

responsibilities of the Department of State in a manner

consistent with the National Drug Control Strategy. The strategy

shall involve all elements of the Department in the United States

and abroad.

(2) Objectives

In establishing the strategy, the Secretary shall -

(A) coordinate with the Office of National Drug Control

Policy in the development of clear, specific, and measurable

counterdrug objectives for the Department that support the

goals and objectives of the National Drug Control Strategy;

(B) develop specific and, to the maximum extent practicable,

quantifiable measures of performance relating to the

objectives, including annual and long-term measures of

performance, for purposes of assessing the success of the

Department in meeting the objectives;

(C) assign responsibilities for meeting the objectives to

appropriate elements of the Department;

(D) develop an operational structure within the Department

that minimizes impediments to meeting the objectives;

(E) ensure that every United States ambassador or chief of

mission is fully briefed on the strategy, and works to achieve

the objectives; and

(F) ensure that -

(i) all budgetary requests and transfers of equipment

(including the financing of foreign military sales and the

transfer of excess defense articles) relating to

international counterdrug efforts conforms with the

objectives; and

(ii) the recommendations of the Department regarding

certification determinations made by the President on March 1

as to the counterdrug cooperation, or adequate steps on its

own, of each major illicit drug producing and drug

trafficking country to achieve full compliance with the goals

and objectives established by the United Nations Convention

Against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances also conform to meet such objectives.

(3) Reports

Not later than February 15 of each year subsequent to the

submission of the strategy described in paragraph (1), the

Secretary shall submit to Congress an update of the strategy. The

update shall include -

(A) an outline of the proposed activities with respect to the

strategy during the succeeding year, including the manner in

which such activities will meet the objectives set forth in

paragraph (2); and

(B) detailed information on how certification determinations

described in paragraph (2)(F) made the previous year affected

achievement of the objectives set forth in paragraph (2) for

the previous calendar year.

(4) Limitation on delegation

The Secretary shall designate an official in the Department who

reports directly to the Secretary to oversee the implementation

of the strategy throughout the Department.

(b) Information on international criminals

(1) Information system

The Secretary shall, in consultation with the heads of

appropriate United States law enforcement agencies, including the

Attorney General and the Secretary of the Treasury, take

appropriate actions to establish an information system or improve

existing information systems containing comprehensive information

on serious crimes committed by foreign nationals. The information

system shall be available to United States embassies and missions

abroad for use in consideration of applications for visas for

entry into the United States.

(2) Report

Not later than 180 days after October 21, 1998, the Secretary

shall submit to the appropriate congressional committees a report

on the actions taken under paragraph (1).

(c) Overseas coordination of counterdrug and anticrime programs,

policy, and assistance

(1) Strengthening coordination

The responsibilities of every diplomatic mission of the United

States shall include the strengthening of cooperation between and

among the United States and foreign governmental entities and

multilateral entities with respect to activities relating to

international narcotics and crime.

(2) Designation of officers

(A) In general

Consistent with existing memoranda of understanding between

the Department of State and other departments and agencies of

the United States, including the Department of Justice, the

chief of mission of every diplomatic mission of the United

States shall designate an officer or officers within the

mission to carry out the responsibility of the mission under

paragraph (1), including the coordination of counterdrug, law

enforcement, rule of law, and administration of justice

programs, policy, and assistance. Such officer or officers

shall report to the chief of mission, or the designee of the

chief of mission, on a regular basis regarding activities

undertaken in carrying out such responsibility.

(B) Reports

The chief of mission of every diplomatic mission of the

United States shall submit to the Secretary on a regular basis

a report on the actions undertaken by the mission to carry out

such responsibility.

(3) Report to Congress

Not later than 180 days after October 21, 1998, the Secretary

shall submit to the Committee on Foreign Relations of the Senate

and the Committee on International Relations of the House of

Representatives a report on the status of any proposals for

action or on action undertaken to improve staffing and personnel

management at diplomatic missions of the United States in order

to carry out the responsibility set forth in paragraph (1).

-SOURCE-

(Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2214, Oct.

21, 1998, 112 Stat. 2681-812.)

-End-

-CITE-

22 USC Sec. 2657 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2657. Custody of seals and property

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 203.)

-COD-

CODIFICATION

R.S. Sec. 203 derived from acts July 27, 1789, ch. 4, Secs. 2, 4,

1 Stat. 29; Sept. 15, 1789, ch. 14, Sec. 7, 1 Stat. 69.

Section was formerly classified to section 158 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

22 USC Sec. 2658 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2658. Repealed. Pub. L. 103-236, title I, Sec. 162(a), Apr.

30, 1994, 108 Stat. 405

-MISC1-

Section, acts May 26, 1949, ch. 143, Sec. 4, 63 Stat. 111; Aug.

26, 1954, ch. 937, Sec. 544(c), as added July 18, 1956, ch. 627,

Sec. 11(a), 70 Stat. 563; amended Aug. 14, 1957, Pub. L. 85-141,

Sec. 11(b)(1), 71 Stat. 365, authorized Secretary of State to

promulgate rules and regulations and delegate authority.

EFFECTIVE DATE OF REPEAL

Repeal 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 an Effective Date of 1994 Amendment

note under section 2651a of this title.

-End-

-CITE-

22 USC Sec. 2659 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2659. State statutes to be procured

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 206.)

-COD-

CODIFICATION

R.S. Sec. 206 derived from act Sept. 23, 1789, No. 3, 1 Stat. 97.

Section was formerly classified to section 161 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

ABOLITION OF FUNCTIONS

Section 161 of former Title 5, Executive Departments and

Government Officers and Employees [now this section], under which

the Secretary of State was required to procure, from time to time,

such of the statutes of the several States as might not be in his

office, was affected by Reorg. Plan No. 20 of 1950, 2(a), eff. May

24, 1950, 15 F.R. 3178, 64 Stat. 1272, set out in Appendix to Title

5, Government Organization and Employees, which abolished such

prescribed duty. Such section 2(a) further provided, however, that

such abolition should not limit the authority of the Secretary of

State to procure copies of such State statutes as may be needed in

the performance of his functions.

-End-

-CITE-

22 USC Sec. 2660 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2660. Copies of treaties furnished to Public Printer

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 210; June 20, 1874, ch. 328, 18 Stat. 88; 1950 Reorg.

Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat.

1272; Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773.)

-COD-

CODIFICATION

R.S. Sec. 210 derived from acts Mar. 9, 1868, ch. 22, Sec. 1, 15

Stat. 40; June 8, 1872, ch. 335, Sec. 20, 17 Stat. 287.

Section was formerly classified to section 165 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Provisions of R.S. Sec. 210, act June 20, 1874, and 1950 Reorg.

Plan No. 20, cited as credits to this section, insofar as related

to duty of Administrator of General Services to furnish to Public

Printer a correct copy of every Act and joint resolution, as soon

as possible after its approval by President, or after it has become

a law in accordance with the Constitution without such approval,

were classified to section 191a of former Title 44, Public Printing

and Documents, prior to repeal and reenactment as section 710 of

Title 44 by Pub. L. 90-620, which enacted Title 44. Section 2(a) of

Pub. L. 90-620 provided that the legislative purpose in enacting

Title 44 was to restate without substantive change the laws

replaced by revised Title 44. Because revised section 710 of Title

44 did not restate those provisions of R.S. Sec. 210 and act June

20, 1874, which appear in this section, this section is not

considered as having been repealed by section 3 of Pub. L. 90-620.

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. 20 of 1950, set out in the Appendix to Title 5,

Government Organization and Employees, transferred various

functions of Secretary of State to Administrator of General

Services but excepted from transfer the functions of Secretary of

State with respect to treaties and other international agreements

under R.S. Sec. 210, as amended (this section).

"United States Postal Service" substituted in text for

"Postmaster General" pursuant to section 4(a) of Pub. L. 91-375,

set out as a note under section 201 of Title 39, Postal Service,

which abolished office of Postmaster General of Post Office

Department and transferred its functions to United States Postal

Service.

-End-

-CITE-

22 USC Sec. 2661 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2661. Procurement of information for corporations, firms and

individuals; expense of cablegrams and telephone service

involved; appropriation

-STATUTE-

On and after May 15, 1936, whenever the Secretary of State, in

his discretion, procures information on behalf of corporations,

firms, and individuals, the expense of cablegrams and telephone

service involved may be charged against the respective

appropriations for the service utilized; and reimbursement therefor

shall be required from those for whom the information was procured

and, when made, be credited to the appropriation under which the

expenditure was charged.

The Secretary of State is authorized to accept reimbursement from

corporations, firms, and individuals for the expenses of travel,

translation, printing, special experts, and other extraordinary

expenses (including such expenses as salaries and other personnel

expenses) incurred in pursuing a claim on their behalf against a

foreign government or other foreign entity. Such reimbursements

shall be credited to the appropriation account against which the

expense was initially charged.

-SOURCE-

(May 15, 1936, ch. 405, 49 Stat. 1321; Pub. L. 100-204, title I,

Sec. 142(b), Dec. 22, 1987, 101 Stat. 1350; Pub. L. 105-277, div.

G, subdiv. B, title XXII, Sec. 2212(a), Oct. 21, 1998, 112 Stat.

2681-812.)

-COD-

CODIFICATION

Section was formerly classified to section 169 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Section is from the Department of State Appropriation Act, 1937,

act May 15, 1936.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Mar. 22, 1935, ch. 39, 49 Stat. 76.

Apr. 7, 1934, ch. 104, title I, 48 Stat. 536.

Mar. 1, 1933, ch. 144, title I, 47 Stat. 1379.

July 1, 1932, ch. 361, title I, 47 Stat. 487.

Feb. 23, 1931, ch. 280, title I, 46 Stat. 1321.

Apr. 18, 1930, ch. 184, title I, 46 Stat. 174.

AMENDMENTS

1998 - Pub. L. 105-277, in second par., inserted "(including such

expenses as salaries and other personnel expenses)" after

"extraordinary expenses".

1987 - Pub. L. 100-204 inserted second par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2710 of this title.

-End-

-CITE-

22 USC Sec. 2661a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2661a. Foreign contracts or arrangements; discrimination

-STATUTE-

Information should not be disseminated about opportunities for,

and there should be no participation or other assistance by any

officer or employee of the Department of State (including the

Agency for International Development) in, the negotiation of any

contract or arrangement with a foreign country, individual, or

entity, if -

(1) any United States person (as defined in section 7701(a)(30)

of title 26) is prohibited from entering into such contract or

arrangement, or

(2) such contract or arrangement requires that any such person

be excluded from participating in the implementation of such

contract or arrangement,

on account of the race, religion, national origin, or sex of such

person in the case of an individual or, in the case of a

partnership, corporation, association, or other entity, any

officer, employee, agent, director, or owner thereof.

-SOURCE-

(Pub. L. 94-350, title I, Sec. 121, July 12, 1976, 90 Stat. 829;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Par. (1). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-End-

-CITE-

22 USC Sec. 2661b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2661b. Services provided to the press

-STATUTE-

In fiscal year 2001 and thereafter reimbursements for services

provided to the press in connection with the travel of senior-level

officials may be collected and credited to this appropriation and

shall remain available until expended.

-SOURCE-

(Pub. L. 106-553, Sec. 1(a)(2) [title IV], Dec. 21, 2000, 114 Stat.

2762, 2762A-90.)

-REFTEXT-

REFERENCES IN TEXT

This appropriation, referred to in text, probably means

appropriations under the headings "DEPARTMENT OF STATE",

"Administration of Foreign Affairs", and "diplomatic and consular

programs" of the annual Department of State and Related Agency

Appropriations Act.

-End-

-CITE-

22 USC Sec. 2662 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2662. Transferred

-COD-

CODIFICATION

Section 2662, act Aug. 1, 1956, ch. 841, title I, Sec. 1 [part],

70 Stat. 890; as renumbered title I and amended Aug. 24, 1982, Pub.

L. 97-241, title II, Sec. 202(a), 96 Stat. 282, which related to

establishment, maintenance, and operation of passport and despatch

agencies, was amended generally by Pub. L. 103-236 and transferred

to section 2651a of this title.

Section was formerly classified to section 170f of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Similar provisions were contained in the following prior

Department of State Appropriation Acts:

June 20, 1956, ch. 414, title I, 70 Stat. 299.

July 7, 1955, ch. 279, title I, 69 Stat. 264.

July 2, 1954, ch. 456, title I, 68 Stat. 413.

Aug. 5, 1953, ch. 328, title I, 67 Stat. 367.

July 10, 1952, ch. 651, title I, 66 Stat. 549.

Oct. 22, 1951, ch. 533, title I, 65 Stat. 576.

Sept. 6, 1950, ch. 896, title I, 64 Stat. 609.

July 20, 1949, ch. 354, title I, 63 Stat. 448.

June 3, 1948, ch. 400, title I, 62 Stat. 306.

July 9, 1947, ch. 211, title I, 61 Stat. 279.

See, also, the Codification note set out under section 2663 of

this title.

-End-

-CITE-

22 USC Sec. 2663 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2663. Omitted

-COD-

CODIFICATION

Section, act July 5, 1946, ch. 541, title I, 60 Stat. 450, 451,

the Department of State Appropriation Act, 1947, related to

compensation of personnel and rent and expenses of despatch

agencies established by Secretary of State. See section 2662 of

this title.

Section was formerly classified to section 153a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Similar provisions were contained in the following prior

Department of State Appropriation Acts:

May 21, 1945, ch. 129, title I, 59 Stat. 173.

June 28, 1944, ch. 294, title I, 58 Stat. 399.

July 1, 1943, ch. 182, title I, 57 Stat. 275.

July 2, 1942, ch. 472, title I, 56 Stat. 473.

June 28, 1941, ch. 258, title I, 55 Stat. 268.

May 14, 1940, ch. 189, title I, 54 Stat. 185.

-End-

-CITE-

22 USC Sec. 2664 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2664. Distribution of duties of officers, clerks, and

employees

-STATUTE-

The Secretary of State may prescribe duties for the Assistant

Secretaries and the clerks of bureaus, as well as for all the other

employees in the department, and may make changes and transfers

therein when, in his judgment, it becomes necessary.

-SOURCE-

(June 20, 1874, ch. 328, 18 Stat. 90; May 24, 1924, ch. 182, Sec.

30, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1214.)

-COD-

CODIFICATION

Section was formerly classified to section 154 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Provisions of this section which related to the Solicitor of the

Department were omitted in view of act May 24, 1924, which

abolished the office.

-End-

-CITE-

22 USC Sec. 2664a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2664a. Protection of Civil Service employees

-STATUTE-

(a) Findings

The Congress finds that -

(1) the effectiveness and efficiency of the Department of State

is dependent not only on the contribution of Foreign Service

employees but equally on the contribution of the 42 percent of

the Department's employees who are employed under the Civil

Service personnel system;

(2) the contribution of these Civil Service employees has been

overlooked in the management of the Department and greater

equality of promotion, training, and career enhancement

opportunities should be accorded to the Civil Service employees

of the Department; and

(3) a goal of the Foreign Service Act of 1980 [22 U.S.C. 3901

et seq.] was to strengthen the contribution made by Civil Service

employees of the Department of State by creating a cadre of

experienced specialists and managers in the Department to provide

essential continuity.

(b) Equitable reduction of budget

The Secretary of State shall take all appropriate steps to assure

that the burden of cuts in the budget for the Department is not

imposed disproportionately or inequitably upon its Civil Service

employees.

(c) Establishment of Office of the Ombudsman for Civil Service

Employees

There is established in the Office of the Secretary of State the

position of Ombudsman for Civil Service Employees. The position of

Ombudsman for Civil Service Employees shall be a career reserved

position within the Senior Executive Service. The Ombudsman for

Civil Service Employees shall report directly to the Secretary of

State and shall have the right to participate in all Management

Council meetings to assure that the ability of the Civil Service

employees to contribute to the achievement of the Department's

mandated responsibilities and the career interests of those

employees are adequately represented. The position of Ombudsman for

Civil Service Employees shall be designated from one of the Senior

Executive Service positions (as defined in section 3132(a)(2) of

title 5) in existence on December 22, 1987.

(d) "Civil Service employees" defined

For purposes of this section, the term "Civil Service employees"

means employees of the Federal Government except for members of the

Foreign Service (as defined in section 103 of the Foreign Service

Act of 1980 [22 U.S.C. 3903]).

-SOURCE-

(Pub. L. 100-204, title I, Sec. 172, Dec. 22, 1987, 101 Stat.

1359.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (a)(3),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which

is classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2665 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2665. Personal services other than those provided for

-STATUTE-

There shall not be employed in the Department of State or in

connection with said Department in the District of Columbia any

personal services other than those which shall be specifically

authorized or appropriated for.

-SOURCE-

(June 22, 1906, ch. 3514, 34 Stat. 402.)

-COD-

CODIFICATION

Section was formerly classified to section 155 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

22 USC Sec. 2665a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2665a. Foreign Service fellowships

-STATUTE-

The Secretary of State is authorized to establish a Foreign

Service fellowship program at the Department of State. The Foreign

Service fellowship program shall provide a fellowship, for not less

than 4 months, for academics in the area of international affairs

who are members of the faculty of institutions of higher education.

Such program shall give priority consideration in the award of

fellowships to individuals teaching in programs in international

affairs which serve significant numbers of students who are from

cultural and ethnic groups which are underrepresented in the

Foreign Service.

-SOURCE-

(Pub. L. 101-246, title I, Sec. 153(h), Feb. 16, 1990, 104 Stat.

44.)

-End-

-CITE-

22 USC Secs. 2666, 2667 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Secs. 2666, 2667. Repealed. Pub. L. 99-93, title I, Sec. 125(c),

Aug. 16, 1985, 99 Stat. 417

-MISC1-

Section 2666, acts June 28, 1955, ch. 199, Sec. 1, 69 Stat. 188;

Nov. 29, 1975, Pub. L. 94-141, title IV, Sec. 406, 89 Stat. 770,

authorized security officers of Department of State and Foreign

Service to carry firearms. See section 2709 of this title.

Section 2667, act June 28, 1955, ch. 199, Sec. 2, as added Aug.

27, 1964, Pub. L. 88-493, Sec. 4, 78 Stat. 610, empowered security

officers of Department of State and Foreign Service to make arrests

without warrant. See section 2709(a)(5) of this title.

-End-

-CITE-

22 USC Sec. 2668 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2668. Requisitions for advances to pay lawful obligations

-STATUTE-

(a) Authorization; accounting

Notwithstanding the provisions of any other law the Secretary of

State is authorized in his discretion to issue under the

limitations and restrictions hereinafter established requisitions

for advances of funds to disbursing officers of the Fiscal Service

of the Treasury Department, under a "State account of advances" not

to exceed the total amount of appropriations for the Department of

State, the amounts so advanced to be used exclusively to pay upon

proper vouchers obligations lawfully payable under the respective

appropriations: Provided, That a separate "State account of

advances" shall be established on the books of the Treasury

Department relating to appropriations made to the Department of

State for each fiscal year and that a "State account of advances"

relating to the appropriations for one fiscal year shall not be

used to pay vouchers pertaining to the appropriations of any other

fiscal year. Expenditures from the amounts requisitioned under the

"State account of advances" shall be charged to applicable

appropriations on the books of the Treasury Department on the basis

of transfer and counter warrants prepared in the State Department

as of the close of each month and prior to audit, certification, or

adjustment by the General Accounting Office. The General Accounting

Office shall subsequently declare the sums finally due from the

several appropriations upon audited vouchers according to law and

shall certify the same to the Treasury Department which shall make

the necessary adjustments between appropriations upon the basis of

such audited settlements of the General Accounting Office: Provided

further, That such adjustments shall be reflected on the books of

the Government in the month and fiscal year during which the

audited settlements are certified to the Treasury.

(b) Removal of outstanding charges

A charge outstanding in the "State account of advances" shall be

removed by crediting the account of advances and deducting the

amount of the charge from an appropriation made available for

advances to the Department of State when -

(1) relief has been granted or may be granted later to a

disbursing official or agent of the Department operating under

the account of advances and under a law having no provision for

removing charges outstanding in the account of advances; or

(2) the charge has been -

(A) outstanding in the account of advances for 2 complete

fiscal years; and

(B) certified by the Secretary of State to the Comptroller

General as uncollectable.

(c) Financial liability of disbursing agent or official

Subsection (b) of this section does not affect the financial

liability of a disbursing official or agent.

-SOURCE-

(Apr. 25, 1940, ch. 154, 54 Stat. 163; 1940 Reorg. Plan No. III,

Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub.

L. 97-258, Sec. 2(e), Sept. 13, 1982, 96 Stat. 1059.)

-COD-

CODIFICATION

Section was formerly classified to section 170 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (a), "Fiscal Service of the Treasury Department"

substituted for "Division of Disbursement, Treasury Department" on

authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff.

June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix

to Title 5, Government Organization and Employees, which

consolidated such division into the Fiscal Service of the Treasury

Department. See section 306 of Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-258 redesignated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-End-

-CITE-

22 USC Sec. 2668a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2668a. Disposition of trust funds received from foreign

governments for citizens of United States

-STATUTE-

All moneys received by the Secretary of State from foreign

governments and other sources, in trust for citizens of the United

States or others, shall be deposited and covered into the Treasury.

The Secretary of State shall determine the amounts due claimants,

respectively, from each of such trust funds, and certify the same

to the Secretary of the Treasury, who shall, upon the presentation

of the certificates of the Secretary of State, pay the amounts so

found to be due.

Each of the trust funds covered into the Treasury as aforesaid is

appropriated for the payment to the ascertained beneficiaries

thereof of the certificates provided for in this section.

-SOURCE-

(Feb. 27, 1896, ch. 34, 29 Stat. 32.)

-COD-

CODIFICATION

Section was formerly classified to section 547 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2710 of this title; title

20 section 225.

-End-

-CITE-

22 USC Sec. 2669 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2669. Printing and binding outside continental United States;

settlement and payment of claims by foreign governments;

employment of aliens; official functions and courtesies; purchase

of uniforms; payment of tort claims; payment of assumed

obligations in Germany; telecommunications services; security;

special purpose passenger motor vehicles; pay obligations arising

under international conventions or contracts; personal service

contracts

-STATUTE-

The Secretary of State may use funds appropriated or otherwise

available to the Secretary to -

(a) provide for printing and binding outside the States of the

United States and the District of Columbia without regard to

section 501 of title 44;

(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) of this

section and of any other law administered by the Secretary

concerning the employment of such individuals abroad); and such

contracts are authorized to be negotiated, the terms of the

contracts to be prescribed, and the work to be performed, where

necessary, without regard to such statutory provisions as relate

to the negotiation, making, and performance of contracts and

performance of work in the United States;

(d) provide for official functions and courtesies;

(e) purchase uniforms;

(f) pay tort claims, in the manner authorized in the first

paragraph of section 2672, as amended, of title 28, when such

claims arise in foreign countries in connection with Department

of State operations abroad;

(g) obtain services as authorized by section 3109 of title 5 at

a rate not to exceed the maximum rate payable for GS-18 under

section 5332 of such title 5;

(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 General

Services, determines that use of the Federal Supply Service or

otherwise applicable Federal goods and services acquisition

authority would not meet emergency overseas security requirements

determined necessary by the Secretary, taking into account

overseas delivery, installation, maintenance, or replacement

requirements, except that the authority granted by this paragraph

shall cease to be effective when the amendment made by section

2711 of the Competition in Contracting Act of 1984 takes effect

and thereafter procurement by the Secretary of State for the

purposes described in this paragraph shall be in accordance with

section 253(c)(2) of title 41;

(i) pay obligations assumed in Germany on or after June 5,

1945;

(j) provide telecommunications services;

(k) provide maximum physical security in Government-owned and

leased properties and vehicles abroad; and

(l) purchase special purpose passenger motor vehicles without

regard to any price limitation otherwise established by law.

(m) pay obligations arising under international agreements,

conventions, and binational contracts to the extent otherwise

authorized by law.

(n) exercise the authority provided in subsection (c) of this

section, upon the request of the Secretary of Defense or the head

of any other department or agency of the United States, to enter

into personal service contracts with individuals to perform

services in support of the Department of Defense or such other

department or agency, as the case may be.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 2, 70 Stat. 890; Pub. L.

86-624, Sec. 2, July 12, 1960, 74 Stat. 411; Pub. L. 86-707, title

V, Sec. 511(a)(2), Sept. 6, 1960, 74 Stat. 800; Pub. L. 87-565, pt.

IV, Sec. 402, Aug. 1, 1962, 76 Stat. 263; renumbered title I, Pub.

L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat. 282; Pub.

L. 98-533, title III, Sec. 303(a), Oct. 19, 1984, 98 Stat. 2710;

Pub. L. 99-93, title I, Secs. 114, 118(a), Aug. 16, 1985, 99 Stat.

411, 412; Pub. L. 101-246, title I, Sec. 111, Feb. 16, 1990, 104

Stat. 21; Pub. L. 102-20, Sec. 4, Mar. 27, 1991, 105 Stat. 68; Pub.

L. 102-138, title I, Sec. 120, Oct. 28, 1991, 105 Stat. 658; Pub.

L. 103-236, title I, Secs. 137, 162(k)(4), 180(b), Apr. 30, 1994,

108 Stat. 397, 409, 416; Pub. L. 107-107, div. A, title VIII, Sec.

833, Dec. 28, 2001, 115 Stat. 1191.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of the amendment made by section 2711 of the

Competition in Contracting Act of 1984, referred to in subsec. (h),

is the effective date of section 2711 of title VII of Pub. L.

98-369, div. B, July 18, 1984, 98 Stat. 1175, 1203, which amended

section 253 of Title 41, Public Contracts, applicable with respect

to any solicitation for bids or proposals issued after Mar. 31,

1985. See section 2751(a) of Pub. L. 98-369, set out as an

Effective Date of 1984 Amendment note under section 251 of Title

41.

-COD-

CODIFICATION

In subsec. (a), "section 501 of title 44" substituted for

"section 11 of the Act of March 1, 1919 (44 U.S.C. 111)" on

authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat.

1305, the first section of which enacted Title 44, Public Printing

and Documents.

Section was formerly classified to section 170g of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

2001 - Subsec. (n). Pub. L. 107-107 added subsec. (n).

1994 - Subsec. (c). Pub. L. 103-236, Secs. 137, 180(b), which

identically directed amendment of subsec. (c) by inserting before

the period "; and such contracts are authorized to be negotiated,

the terms of the contracts to be prescribed, and the work to be

performed, where necessary, without regard to such statutory

provisions as relate to the negotiation, making, and performance of

contracts and performance of work in the United States", were

executed by making the insertion before the semicolon at end to

reflect the probable intent of Congress.

Subsecs. (l), (m). Pub. L. 103-236, Sec. 162(k)(4), redesignated

subsec. (l) relating to paying obligations arising under

international agreements, conventions, and binational contracts as

(m).

1991 - Subsec. (l). Pub. L. 102-138 added subsec. (l) relating to

paying obligations arising under international agreements,

conventions, and binational contracts.

Pub. L. 102-20 added subsec. (l) relating to purchase of special

purpose passenger motor vehicles.

1990 - Subsecs. (i) to (k). Pub. L. 101-246 added subsecs. (i) to

(k).

1985 - Pub. L. 99-93, Sec. 114, in provision preceding subsec.

(a) substituted "may use funds appropriated or otherwise available

to the Secretary to" for ", when funds are appropriated therefor,

may".

Subsec. (c). Pub. L. 99-93, Sec. 118(a), inserted "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) of this section and of any other law

administered by the Secretary concerning the employment of such

individuals abroad)".

1984 - Subsec. (c). Pub. L. 98-533, Sec. 303(a)(1), substituted

"individuals or organizations" for "aliens" after "employ", and ",

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".

Subsecs. (g), (h). Pub. L. 98-533, Sec. 303(a)(2), added subsecs.

(g) and (h).

1962 - Subsec. (b). Pub. L. 87-565 added subsec. (b). A prior

subsec. (b) was repealed by section 511(a)(2) of Pub. L. 86-707.

1960 - Subsec. (a). Pub. L. 86-624 substituted "the States of the

United States and the District of Columbia" for "the continental

United States".

Subsec. (b). Pub. L. 86-707 repealed subsec. (b) which authorized

the Secretary to pay the cost of transportation to and from a place

of storage and the cost of storing the furniture and household and

personal effects of an employee who is assigned to a post at which

he is unable to use his furniture and effects, and is now covered

by section 1136(4) of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 162(k)(4) of 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 1985 AMENDMENT

Section 118(b) of Pub. L. 99-93 provided that: "Authority

provided by the amendment made by subsection (a) [amending this

section] shall only apply with respect to funds appropriated after

the date of the enactment of this Act [Aug. 16, 1985]."

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2605, 4341, 4904 of this

title; title 15 section 4723.

-End-

-CITE-

22 USC Sec. 2669-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2669-1. Payment of tort claims arising in connection with

overseas operations

-STATUTE-

During the current fiscal year and hereafter, the Secretary of

State shall have discretionary authority to pay tort claims in the

manner authorized by section 2672 of title 28 when such claims

arise in foreign countries in connection with the overseas

operations of the Department of State.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(b) [title IV, Sec. 409], Oct.

21, 1998, 112 Stat. 2681-50, 2681-102.)

-End-

-CITE-

22 USC Sec. 2669a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2669a. Diplomatic Telecommunications Service

-STATUTE-

(a) Diplomatic Telecommunications Service financial management

In fiscal year 1995 and each succeeding fiscal year -

(1) the Secretary of State shall provide funds for the

operation of the Diplomatic Telecommunications Service (DTS) in a

sufficient amount to sustain the current level of support

services being provided by the DTS, and no portion of such amount

may be reprogrammed or transferred for any other purpose;

(2) all funds for the operation and enhancement of the DTS

shall be directly available for use by the Diplomatic

Telecommunications Service Program Office (DTS-PO); and

(3) the DTS-PO financial management officer shall be provided

direct access to the Department of State financial management

system to independently monitor and control the obligation and

expenditure of all funds for the operation and enhancement of the

DTS.

(b) DTS Policy Board

Within 60 days after August 26, 1994, the Secretary of State and

the Director of the DTS-PO shall restructure the DTS Policy Board

to provide for representation on the Board, during fiscal year 1995

and each succeeding fiscal year, by -

(1) the Director of the DTS-PO;

(2) the senior information management official from each agency

currently serving on the Board;

(3) a senior career information management official from each

of the Department of Commerce and the Defense Intelligence

Agency; and

(4) a senior career information management official from each

of 2 other Federal agencies served by the DTS, each of whom shall

be appointed on a rotating basis by the Secretary of State and

the Director of the DTS-PO for a 2-year term.

(c) DTS consolidation pilot program

(1) In general

The Secretary of State and the Director of the DTS-PO shall

carry out a program under which total DTS consolidation will be

completed before October 1, 1995, at not less than five embassies

of medium to large size.

(2) Pilot program requirements

Under the program required in paragraph (1) -

(A) each participating embassy shall be provided with a full

range of integrated information services, including message,

data, and voice, without additional charge;

(B) a combined transmission facility shall be established and

jointly operated, with open access to all unclassified

transmission equipment;

(C) an unclassified packet switch communication system shall

be installed and shall serve all foreign affairs agencies

associated with the embassy;

(D) separate classified transmission systems (including

MERCURY) shall be terminated; and

(E) all foreign affairs agency systems requiring

international communications capability shall obtain such

capability solely through the DTS.

(3) Pilot program report

Not later than January 15, 1996, the Secretary of State and the

Director of the DTS-PO shall submit to the Committees on

Appropriations of the House and Senate a report describing the

actions taken under the program required by this subsection. The

report shall include a cost-benefit analysis for each embassy

participating in the program.

(d) DTS planning report

Not later than January 15, 1995, the Secretary of State and the

Director of the DTS-PO shall submit to the Committees on

Appropriations a DTS planning report. The report shall include -

(1) a detailed plan for carrying out the pilot program required

by subsection (c) of this section, including an estimate of the

funds required for such purpose; and

(2) a comprehensive DTS strategy plan that contains detailed

plans and schedules for -

(A) an overall DTS network configuration and security

strategy;

(B) transition of the existing dedicated circuits and

classified transmission systems to the unclassified packet

switch communications system;

(C) provision of a basic level of voice service for all DTS

customers;

(D) funding of new initiatives and of replacement of current

systems;

(E) combining existing DTS network control centers, relay

facilities, and overseas operations; and

(F) reducing the extensive reliance of DTS-PO on the

full-time services of contractors.

-SOURCE-

(Pub. L. 103-317, title V, Sec. 507, Aug. 26, 1994, 108 Stat. 1766;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(m), Oct.

21, 1998, 112 Stat. 2681-789.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-277 struck out ", the United

States Information Agency," after "Department of Commerce".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 2669b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2669b. Reaffirming United States international

telecommunications policy

-STATUTE-

(a) Procurement policy

It is the policy of the United States to foster and support

procurement of goods and services from private, commercial

companies.

(b) Implementation

In order to achieve the policy set forth in subsection (a) of

this section, the Diplomatic Telecommunications Service Program

Office (DTS-PO) shall -

(1) utilize full and open competition, to the maximum extent

practicable, in the procurement of telecommunications services,

including satellite space segment, for the Department of State

and each other Federal entity represented at United States

diplomatic missions and consular posts overseas;

(2) make every effort to ensure and promote the participation

in the competition for such procurement of commercial private

sector providers of satellite space segment who have no ownership

or other connection with an intergovernmental satellite

organization; and

(3) implement the competitive procedures required by paragraphs

(1) and (2) at the prime contracting level and, to the maximum

extent practicable, the subcontracting level.

-SOURCE-

(Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2218, Oct.

21, 1998, 112 Stat. 2681-816.)

-End-

-CITE-

22 USC Sec. 2670 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2670. Insurance on motor vehicles in foreign countries; tie

lines and teletype equipment; ice and drinking water; excise

taxes on negotiable instruments; remains of deceased persons;

relief, protection, and burial of seamen; acknowledgement of

services of foreign vessels and aircraft; rentals and leases

-STATUTE-

The Secretary of State is authorized to -

(a) obtain insurance on official motor vehicles operated by the

Department of State in foreign countries, and pay the expenses

incident thereto;

(b) rent tie lines and teletype equipment;

(c) provide ice and drinking water for United States Embassies

and Consulates abroad;

(d) pay excise taxes on negotiable instruments which are

negotiated by the Department of State abroad;

(e) Omitted;

(f) pay expenses incident to the relief, protection, and burial

of American seamen, and alien seamen from United States vessels

in foreign countries and in the United States Territories and

possessions;

(g) pay the expenses incurred in the acknowledgment of the

services of officers and crews of foreign vessels and aircraft in

rescuing American seamen, airmen, or citizens from shipwreck or

other catastrophe abroad or at sea;

(h) rent or lease, for periods of less than ten years, such

offices, buildings, grounds, and living quarters for the use of

the Foreign Service abroad as he may deem necessary, and make

payments therefor in advance;

(i) maintain, improve, and repair properties rented or leased

pursuant to authority contained in subsection (h) of this section

and furnish fuel, water, and utilities for such properties;

(j) provide emergency medical attention and dietary

supplements, and other emergency assistance, for United States

citizens incarcerated abroad or destitute United States citizens

abroad who are unable to obtain such services otherwise, such

assistance to be provided on a reimbursable basis to the extent

feasible;

(k) subject to the availability of appropriated funds, obtain

insurance on the historic and artistic articles of furniture,

fixtures, and decorative objects which may from time-to-time be

within the responsibility of the Fine Arts Committee of the

Department of State for the Diplomatic Rooms of the Department;

(l) make payments in advance, of the United States share of

necessary expenses for international fisheries commissions, from

appropriations available for such purpose; and

(m) establish, maintain, and operate passport and dispatch

agencies.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 3, 70 Stat. 890; Pub. L.

95-45, Sec. 2, June 15, 1977, 91 Stat. 221; 1977 Reorg. Plan No. 2,

Sec. 9(a)(7), 42 F.R. 62461, 91 Stat. 1639; Pub. L. 95-426, title

I, Sec. 108(a), Oct. 7, 1978, 92 Stat. 966; renumbered title I,

Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat. 282;

Pub. L. 100-204, title I, Sec. 126(b), Dec. 22, 1987, 101 Stat.

1342; Pub. L. 102-138, title I, Sec. 166, Oct. 28, 1991, 105 Stat.

676; Pub. L. 103-236, title I, Sec. 162(k)(3), Apr. 30, 1994, 108

Stat. 409.)

-COD-

CODIFICATION

Section was formerly classified to section 170h of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Subsec. (e) of this section, relating to the payment of the

actual expenses of preparing and transporting to their former homes

the remains of persons, not United States Government employees, who

die away from their homes while participating in international

educational exchange activities under the jurisdiction of the

Department of State, was omitted pursuant to Reorg. Plan No. 2 of

1977, Sec. 9(a)(7), 42 F.R. 62461, 91 Stat. 1639, set out under

section 1461 of this title, effective on or before July 1, 1978, at

such time as specified by the President, which abolished the

functions of the Secretary of State under subsec. (e).

-MISC1-

AMENDMENTS

1994 - Subsec. (m). Pub. L. 103-236 added subsec. (m).

1991 - Subsec. (l). Pub. L. 102-138 added subsec. (l).

1987 - Subsec. (k). Pub. L. 100-204 added subsec. (k).

1978 - Subsec. (j). Pub. L. 95-426 inserted "or destitute United

States citizens abroad" after "incarcerated abroad".

1977 - Subsec. (j). Pub. L. 95-45 added subsec. (j).

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 1978 AMENDMENT

Section 108(b) of Pub. L. 95-426 provided that: "The amendment

made by this section [amending this section] shall take effect on

October 1, 1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2701 of this title.

-End-

-CITE-

22 USC Sec. 2671 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2671. Emergency expenditures

-STATUTE-

(a) Delegation of authority pertaining to certification of

expenditures

The Secretary of State is authorized to -

(1) subject to subsection (b) of this section, make

expenditures, from such amounts as may be specifically

appropriated therefor, for unforeseen emergencies arising in the

diplomatic and consular service and, to the extent authorized in

appropriation Acts, funds expended for such purposes may be

accounted for in accordance with section 3526(e) of title 31; and

(2) delegate to subordinate officials the authority vested in

him by section 3526(e) of title 31 pertaining to certification of

expenditures.

(b) Activities subject to expenditures

(1) Expenditures described under subsection (a) of this section

shall be made only for such activities as -

(A) serve to further the realization of foreign policy

objectives;

(B) are a matter of urgency to implement;

(C) with respect to activities the expenditures for which are

required to be certified under subsection (a) of this section,

require confidentiality in the best interests of the conduct of

foreign policy by the United States; and

(D) are not otherwise prohibited by law.

(2) Activities described in paragraph (1) include -

(A) the evacuation when their lives are endangered by war,

civil unrest, or natural disaster of -

(i) United States Government employees and their dependents;

and

(ii) private United States citizens or third-country

nationals, on a reimbursable basis to the maximum extent

practicable, with such reimbursements to be credited to the

applicable Department of State appropriation and to remain

available until expended, except that no reimbursement under

this clause shall be paid that is greater than the amount the

person evacuated would have been charged for a reasonable

commercial air fare immediately prior to the events giving rise

to the evacuation;

(B) loans made to destitute citizens of the United States who

are outside the United States and made to provide for the return

to the United States of its citizens;

(C) visits by foreign chiefs of state or heads of government to

the United States;

(D) travel of delegations representing the President at any

inauguration or funeral of a foreign dignitary;

(E) travel of the President, the Vice President, or a Member of

Congress to a foreign country, including advance arrangements,

escort, and official entertainment;

(F) travel of the Secretary of State within the United States

and outside the United States, including official entertainment;

(G) official representational functions of the Secretary of

State and other principal officers of the Department of State;

(H) official functions outside the United States the expenses

for which are not otherwise covered by amounts appropriated for

representation allowances;

(I) investigations and apprehension of groups or individuals

involved in fraudulent issuance of United States passports and

visas; and

(J) gifts of nominal value given by the President, Vice

President, or Secretary of State to a foreign dignitary.

(c) Annual confidential audit and report

The Inspector General of the Department of State shall conduct a

periodic audit of the Department of State's emergency expenditures

and prepare and transmit to the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate an annual report indicating whether such expenditures were

made in accordance with subsections (a) and (b) of this section.

(d) Repatriation loan program

With regard to the repatriation loan program, the Secretary of

State shall -

(1) require the borrower to provide a verifiable address and

social security number at the time of application;

(2) require a written loan agreement which includes a repayment

schedule;

(3) bar passports from being issued or renewed for those

individuals who are in default;

(4) refer any loan more than one year past due to the

Department of Justice for litigation;

(5) obtain addresses from the Internal Revenue Service for all

delinquent accounts which have social security numbers;

(6) report defaults to commercial credit bureaus as provided in

section 3711(e) of title 31;

(7) be permitted to use any funds necessary to contract with

commercial collection agencies, notwithstanding section 3718(c)

(!1) of title 31;

(8) charge interest on all loans as of May 1, 1983, with the

rate of interest to be that set forth in section 3717(a) of title

31;

(9) assess charges, in addition to the interest provided for in

paragraph (8), to cover the costs of processing and handling

delinquent claims, as of May 1, 1983;

(10) assess a penalty charge, in addition to the interest

provided for in paragraphs (8) and (9), of 6 per centum per year

for failure to pay any portion of a debt more than ninety days

past due; and

(11) implement the interest and penalty provisions in

paragraphs (8), (9), and (10) for all current and future loans,

regardless of whether the debts were incurred before or after May

1, 1983.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 4, 70 Stat. 890; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282; Pub. L. 98-164, title I, Sec. 122(a), Nov. 22, 1983, 97

Stat. 1023; Pub. L. 103-236, title I, Sec. 125, Apr. 30, 1994, 108

Stat. 393; Pub. L. 104-316, title I, Sec. 115(g)(2)(D), Oct. 19,

1996, 110 Stat. 3835; Pub. L. 107-228, div. A, title II, Sec. 201,

Sept. 30, 2002, 116 Stat. 1361.)

-REFTEXT-

REFERENCES IN TEXT

Section 3718(c) of title 31, referred to in subsec. (d)(7), was

renumbered section 3718(e) of title 31 by Pub. L. 99-578, Sec.

1(1), Oct. 28, 1986, 100 Stat. 3305.

-COD-

CODIFICATION

In subsec. (a), "section 3526(e) of title 31" substituted for

"section 291 of the Revised Statutes (31 U.S.C. 107)" on authority

of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the

first section of which enacted Title 31, Money and Finance.

Section was formerly classified to section 170i of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2)(A). Pub. L. 107-228 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "the

evacuation of United States Government employees and their

dependents and private United States citizens when their lives are

endangered by war, civil unrest, or natural disaster;".

1996 - Subsec. (d)(6). Pub. L. 104-316 substituted "section

3711(e)" for "section 3711(f)".

1994 - Subsec. (c). Pub. L. 103-236 struck out "and the Foreign

Service" after "Department of State" and substituted "a periodic"

for "an annual confidential".

1983 - Pub. L. 98-164 designated existing provisions as subsec.

(a), redesignated former pars. (a) and (b) as pars. (1) and (2),

respectively, in par. (1) inserted reference to subsec. (b), and

added subsecs. (b) to (d).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c) of this section relating to transmitting an annual report to

the Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 131 of House Document No. 103-7.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2672 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2672. Participation in international activities; restriction;

expenses

-STATUTE-

The Secretary of State is authorized to -

(a) provide for participation by the United States in

international activities which arise from time to time in the

conduct of foreign affairs for which provision has not been made

by the terms of any treaty, convention, or special Act of

Congress: Provided, That this subsection shall not be construed

as granting authority to accept membership for the United States

in any international organization, or to participate in the

activities of any international organization for more than one

year without approval by the Congress; and

(b) pay the expenses of participation in activities in which

the United States participates by authority of subsection (a) of

this section, including, but not limited to the following:

(1) Employment of aliens;

(2) Travel expenses without regard to the Standardized

Government Travel Regulations and to the rates of per diem

allowances in lieu of subsistence expenses under subchapter I

of chapter 57 of title 5;

(3) Travel expenses of persons serving without compensation

in an advisory capacity while away from their homes or regular

places of business not in excess of those authorized for

regular officers and employees traveling in connection with

said international activities; and

(4) Rental of quarters by contract or otherwise.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 5, 70 Stat. 891; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-COD-

CODIFICATION

In subsec. (b)(2), "subchapter I of chapter 57 of title 5"

substituted for "the Travel Expense Act of 1949, as amended (5

U.S.C. 835-842)," on authority of Pub. L. 89-554, Sec. 7(b), Sept.

6, 1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

Section was formerly classified to section 170j of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

22 USC Sec. 2672a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2672a. Alternate United States Commissioners for international

fisheries commissions

-STATUTE-

In order to insure appropriate representation at meetings of

international fisheries commissions, the Secretary of State, in

consultation with the Secretary of Commerce or of the Interior as

appropriate may designate from time to time Alternate United States

Commissioners to the North Pacific Fur Seal Commission, the

Inter-American Tropical Tuna Commission, the International Pacific

Halibut Commission, the International Whaling Commission, the

Commission for the Conservation of Shrimp in the Eastern Gulf of

Mexico, the International Commission for the Conservation of

Atlantic Tunas, and any similar commission (other than the

International Commission for the Northwest Atlantic Fisheries and

the International North Pacific Fisheries Commission) established

pursuant to a convention between the United States and other

governments. Alternate United States Commissioners may exercise, at

any meeting of the respective Commission or of the United States

Section thereof, all powers and duties of a United States

Commissioner in the absence of a duly designated Commissioner for

whatever reason. The number of such Alternate United States

Commissioners that may be designated for any such meeting shall be

limited to the number of authorized United States Commissioners

that will not be present. In the event that there are Deputy United

States Commissioners pursuant to the convention or statute, such

Deputy United States Commissioners shall have precedence over any

Alternate Commissioners so designated pursuant to this section.

-SOURCE-

(Pub. L. 92-471, title II, Sec. 201, Oct. 9, 1972, 86 Stat. 787;

Pub. L. 99-659, title IV, Sec. 405(c), Nov. 14, 1986, 100 Stat.

3738.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-659 struck out "the Great Lakes Fishery

Commission," after "the International Pacific Halibut Commission,".

-End-

-CITE-

22 USC Sec. 2672b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2672b. Compensation of Alternate United States Commissioners;

travel expenses and other allowances

-STATUTE-

Alternate United States Commissioners shall receive no

compensation for their services. They may be paid travel expenses

and per diem in lieu of subsistence at the rates authorized by

section 5703 of title 5 when engaged in the performance of their

duties.

-SOURCE-

(Pub. L. 92-471, title II, Sec. 202, Oct. 9, 1972, 86 Stat. 787.)

-End-

-CITE-

22 USC Sec. 2673 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2673. International Civil Aviation Organization; availability

of funds for participation

-STATUTE-

The provisions of section 287e of this title, and regulations

thereunder, applicable to expenses incurred pursuant to sections

287 to 287e of this title, may be applicable to the obligation and

expenditure of funds in connection with United States participation

in the International Civil Aviation Organization.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 6, 70 Stat. 891; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-COD-

CODIFICATION

Section was formerly classified to section 170k of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

ANNUAL APPROPRIATIONS

Annual appropriations to meet the obligations of membership in

various international organizations were contained in acts listed

in a note set out under section 269a of this title.

-End-

-CITE-

22 USC Sec. 2674 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2674. Availability of exchange allowances or proceeds derived

from exchange or sale of motor vehicles

-STATUTE-

The exchange allowances or proceeds derived from the exchange or

sale of passenger motor vehicles in possession of the Foreign

Service abroad, in accordance with section 503 of title 40, shall

be available without fiscal year limitation for replacement of an

equal number of such vehicles.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 7, 70 Stat. 891; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-COD-

CODIFICATION

"Section 503 of title 40" substituted in text for "section 201(c)

of the Act of June 30, 1949 (40 U.S.C. 481(c))" on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

Section was formerly classified to section 170l of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

22 USC Sec. 2675 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2675. Allocation or transfer to other agencies of funds

appropriated to Department of State; authority for expenditure of

funds

-STATUTE-

The Secretary of State may allocate or transfer to any

department, agency, or independent establishment of the United

States Government (with the consent of the head of such department,

agency, or establishment) any funds appropriated to the Department

of State, for direct expenditure by such department, agency, or

independent establishment for the purposes for which the funds were

appropriated in accordance with authority granted in this Act or

under authority governing the activities of such department,

agency, or independent establishment.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 8, 70 Stat. 891; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282; Pub. L. 98-164, title I, Sec. 121, Nov. 22, 1983, 97

Stat. 1023.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 1, 1956, ch. 841, 70

Stat. 890, as amended, known as the State Department Basic

Authorities Act of 1956, which enacted sections 2651a, 2669 to

2672, 2673 to 2679a, 2680, 2680a, 2684, 2687 to 2690, 2692, 2695,

and 2696 to 2724 of this title and chapters 53 (Sec. 4301 et seq.),

53A (Sec. 4341 et seq.), and 53B (Sec. 4351 et seq.) of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 2651 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 170m of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-164 amended section generally, substituting

provisions relating to allocation or transfer of funds and

authority for expenditure of funds for provisions relating to

transfer of funds.

-End-

-CITE-

22 USC Sec. 2676 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2676. Contracts in foreign countries

-STATUTE-

The Secretary of State is authorized to enter into contracts in

foreign countries involving expenditures from funds appropriated or

otherwise made available to the Department of State, without regard

to the provisions of section 22 of title 41: Provided, That nothing

in this section shall be construed to waive the provisions of

section 431 of title 18.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 9, 70 Stat. 891; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-COD-

CODIFICATION

Section was formerly classified to section 170n of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

22 USC Sec. 2677 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2677. Availability of funds for travel expenses and

transportation of personal effects, household goods, or

automobiles

-STATUTE-

Appropriated funds made available to the Department of State for

expenses in connection with travel of personnel outside the

continental United States, including travel of dependents and

transportation of personal effects, household goods, or automobiles

of such personnel shall be available for such expenses when any

part of such travel or transportation begins in one fiscal year

pursuant to travel orders issued in that year, notwithstanding the

fact that such travel or transportation may not be completed during

that same fiscal year.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 10, 70 Stat. 891; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-COD-

CODIFICATION

Section was formerly classified to section 170o of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

22 USC Sec. 2678 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2678. Reduction in earmarks if appropriations are less than

authorizations

-STATUTE-

If the amount appropriated (or made available in the event of a

sequestration order issued pursuant to the Balanced Budget and

Emergency Deficit Control Act of 1985 (Public Law 99-177; [2 U.S.C.

900 et seq.])) for a fiscal year pursuant to any authorization of

appropriations provided by an Act other than an appropriation Act

is less than the authorization amount and a provision of that Act

provides that a specified amount of the authorization amount shall

be available only for a certain purpose, then the amount so

specified shall be deemed to be reduced for that fiscal year to the

amount which bears the same ratio to the specified amount as the

amount appropriated (or made available in the event of

sequestration) bears to the authorization amount.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 11, as added Pub. L. 101-246,

title I, Sec. 106, Feb. 16, 1990, 104 Stat. 20.)

-REFTEXT-

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in text, is title II of Pub. L. 99-177, Dec. 12, 1985,

99 Stat. 1038, as amended, which is classified principally to

chapter 20 (Sec. 900 et seq.) of Title 2, The Congress. For

complete classification of this Act to the Code, see Short Title

note set out under section 900 of Title 2 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2678, acts Aug. 1, 1956, ch. 841, title I, Sec.

11, 70 Stat. 892; Sept. 8, 1960, Pub. L. 86-723, Sec. 50, 74 Stat.

847; renumbered title I, Aug. 24, 1982, Pub. L. 97-241, title II,

Sec. 202(a), 96 Stat. 282; Oct. 19, 1984, Pub. L. 98-533, title

III, Sec. 303(b), 98 Stat. 2711, related to use of Government-owned

vehicles for security purposes for travel by the Deputy Secretary

of State, prior to repeal by Pub. L. 99-550, Sec. 2(d), Oct. 27,

1986, 100 Stat. 3070.

-End-

-CITE-

22 USC Sec. 2679 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2679. Maximum rates of per diem in lieu of subsistence payable

to foreign participants in exchange of persons program or in

program of furnishing technical information and assistance

-STATUTE-

The Secretary of State, with the approval of the Office of

Management and Budget, shall prescribe the maximum rates of per

diem in lieu of subsistence (or of similar allowances therefor)

payable while away from their own countries to foreign participants

in any exchange of persons program, or in any program of furnishing

technical information and assistance, under the jurisdiction of any

Government agency, and said rates may be fixed without regard to

any provision of law in limitation thereof.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 12, 70 Stat. 892; 1970 Reorg.

Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.

2085; renumbered title I, Pub. L. 97-241, title II, Sec. 202(a),

Aug. 24, 1982, 96 Stat. 282.)

-COD-

CODIFICATION

Section was formerly classified to section 170q of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1,

1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2

of 1970 redesignated Bureau of the Budget as Office of Management

and Budget and offices of Director, Deputy Director, and Assistant

Directors of Bureau of the Budget as Director, Deputy Director, and

Assistant Directors, respectively, of Office of Management and

Budget. Section 103 of Reorg. Plan No. 2 of 1970 transferred all

records, property, personnel, and funds of Bureau to Office of

Management and Budget. See Part I of Reorganization Plan No. 2 of

1970, set out in the Appendix to Title 5, Government Organization

and Employees.

DELEGATION OF FUNCTIONS

Authority of Secretary of State under this section to prescribe

certain maximum rates of per diem in lieu of subsistence (or of

similar allowances therefor), without the approval, ratification,

or other action of President, delegated to Secretary of State, see

section 4 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set

out as a note under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2508 of this title.

-End-

-CITE-

22 USC Sec. 2679a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2679a. Procurement contracts

-STATUTE-

(a) Funding for periods not in excess of five years; conditions

Any contract for the procurement of property or services, or

both, for the Department of State or the Foreign Service which is

funded on the basis of annual appropriations may nevertheless be

made for periods not in excess of 5 years when -

(1) appropriations are available and adequate for payment for

the first fiscal year and for all potential cancellation costs;

and

(2) the Secretary of State determines that -

(A) the need of the Government for the property or service

being acquired over the period of the contract is reasonably

firm and continuing;

(B) such a contract will serve the best interests of the

United States by encouraging effective competition or promoting

economies in performance and operation; and

(C) such a method of contracting will not inhibit small

business participation.

(b) Cancellation of contracts

In the event that funds are not made available for the

continuation of such a contract into a subsequent fiscal year, the

contract shall be cancelled and any cancellation costs incurred

shall be paid from appropriations originally available for the

performance of the contract, appropriations currently available for

the acquisition of similar property or services and not otherwise

obligated, or appropriations made for such cancellation payments.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 14, as added and renumbered

title I, Pub. L. 97-241, title I, Sec. 121, title II, Sec. 202(a),

Aug. 24, 1982, 96 Stat. 280, 282.)

-MISC1-

PRIOR PROVISIONS

A prior section 2679a, acts Aug. 1, 1956, ch. 841, Sec. 14, as

added Oct. 26, 1974, Pub. L. 93-475, Sec. 10(a)-(d), 88 Stat. 1441;

amended Nov. 29, 1975, Pub. L. 94-141, title IV, Sec. 407(a), 89

Stat. 771; Aug. 17, 1977, Pub. L. 95-105, title IV, Sec. 410(a), 91

Stat. 854, set forth provisions respecting death guaranties for

certain Foreign Service personnel, prior to repeal by Pub. L.

96-465, title II, Sec. 2205(10), Oct. 17, 1980, 94 Stat. 2160.

Repeal effective Feb. 15, 1981, except as otherwise provided, see

section 2403 of Pub. L. 96-465, set out as an Effective Date note

under section 3901 of this title. See section 3973 of this title.

Another prior section 14 of act Aug. 1, 1956, was classified to

section 170s of former Title 5, Executive Departments and

Government Officers and Employees, prior to repeal by Pub. L.

86-707, title V, Sec. 511(a)(2), Sept. 6, 1960, 74 Stat. 800. See

section 5922(b) of Title 5, Government Organization and Employees.

-End-

-CITE-

22 USC Sec. 2679b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2679b. Prohibition against fraudulent use of "Made in America"

labels

-STATUTE-

If it has been finally determined by a court or Federal agency

that a person intentionally affixed a label bearing a "Made in

America" inscription, or any inscription with the same meaning, to

any product sold in or shipped to the United States that is not

made in the United States, that person shall be ineligible to

receive any contract or subcontract from the Department of State,

pursuant to the debarment, suspension, and ineligibility procedures

in subpart 9.4 of chapter 1 of title 48, Code of Federal

Regulations.

-SOURCE-

(Pub. L. 102-138, title I, Sec. 195, Oct. 28, 1991, 105 Stat. 684.)

-End-

-CITE-

22 USC Sec. 2679c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2679c. Prohibition on discriminatory contracts

-STATUTE-

(a) Prohibition

(1) Except for real estate leases and as provided in subsection

(b) of this section, the Department of State may not enter into any

contract that expends funds appropriated to the Department of State

for an amount in excess of the small purchase threshold (as defined

in section 403(11) of title 41) -

(A) with a foreign person that complies with the Arab League

boycott of Israel, or

(B) with any foreign or United States person that discriminates

in the award of subcontracts on the basis of religion.

(2) For purposes of this section -

(A) a foreign person complies with the boycott of Israel by

Arab League countries when that foreign person takes or knowingly

agrees to take any action, with respect to the boycott of Israel

by Arab League countries, which section 2407(a) of title 50,

Appendix, prohibits a United States person from taking, except

that for purposes of this paragraph, the term "United States

person" as used in subparagraphs (B) and (C) of section

2407(a)(1) of title 50, Appendix, shall be deemed to mean

"person"; and

(B) the term "foreign person" means any person other than a

United States person as defined in section 2415(2) of title 50,

Appendix.

(3) For purposes of paragraph (1), a foreign person shall be

deemed not to comply with the boycott of Israel by Arab League

countries if that person, or the Secretary of State or his designee

on the basis of available information, certifies that the person

violates or otherwise does not comply with the boycott of Israel by

Arab League countries by taking any actions prohibited by section

2407(a) of title 50, Appendix. Certification by the Secretary of

State or his designee may occur only 30 days after notice has been

given to the Congress that this certification procedure will be

utilized at a specific overseas mission.

(b) Waiver by Secretary of State

The Secretary of State may waive the requirements of this section

on a country-by-country basis for a period not to exceed one year

upon certification to the Congress by the Secretary that such

waiver is in the national interest and is necessary to carry on

diplomatic functions of the United States. Each such certification

shall include a detailed justification for the waiver with respect

to each such country.

(c) Responses to contract solicitations

(1) Except as provided in paragraph (2) of this subsection, the

Secretary of State shall ensure that any response to a solicitation

for a bid or a request for a proposal, with respect to a contract

covered by subsection (a) of this section, includes the following

clause, in substantially the following form:

-HEAD-

"ARAB LEAGUE BOYCOTT OF ISRAEL

"(a) Definitions. - As used in this clause -

"(1) the term 'foreign person' means any person other than a

United States person as defined in paragraph (2); and

"(2) the term 'United States person' means any United States

resident or national (other than an individual resident outside

the United States and employed by other than a United States

person), any domestic concern (including any permanent domestic

establishment of any foreign concern), and any foreign subsidiary

or affiliate (including any permanent foreign establishment) of

any domestic concern which is controlled in fact by such domestic

concern, as determined under regulations of the President.

"(b) Certification. - By submitting this offer, the Offeror

certifies that it is not -

"(1) taking or knowingly agreeing to take any action, with

respect to the boycott of Israel by Arab League countries, which

section 8(a) of the Export Administration Act of 1979 (50 U.S.C.

App. 2407(a)) prohibits a United States person from taking; or

"(2) discriminating in the award of subcontracts on the basis

of religion."

(2) An Offeror would not be required to include the certification

required by paragraph (1), if the Offeror is deemed not to comply

with the Arab League boycott of Israel by the Secretary of State or

a designee on the basis of available information. Certification by

the Secretary of State or a designee may occur only 30 days after

notice has been given to the Congress that this certification

procedure will be utilized at a specific overseas mission.

(3) The Secretary of State shall ensure that all State Department

contract solicitations include a detailed explanation of the

requirements of section 2407(a) of title 50, Appendix.

(d) Review and termination

(1) The Department of State shall conduct reviews of the

certifications submitted pursuant to this section for the purpose

of assessing the accuracy of the certifications.

(2) Upon complaint of any foreign or United States person of a

violation of the certification as required by this section, filed

with the Secretary of State, the Department of State shall

investigate such complaint, and if such complaint is found to be

correct and a violation of the certification has been found, all

contracts with such violator shall be terminated for default as

soon as practicable, and, for a period of two years thereafter, the

State Department shall not enter into any contracts with such a

violator.

-SOURCE-

(Pub. L. 103-236, title V, Sec. 565, Apr. 30, 1994, 108 Stat. 484;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1336(3), Oct.

21, 1998, 112 Stat. 2681-790.)

-MISC1-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-277 struck out heading and text

of subsec. (e). Text read as follows: "The provisions of this

section shall apply to the United States Information Agency in the

same manner and extent to which such provisions apply to the

Department of State. In the application of this section to the

United States Information Agency, the Director of the United States

Information Agency or a designee shall have the authorities and

responsibilities of the Secretary of State."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

SHORT TITLE

Section 561 of Pub. L. 103-236 provided that: "This part [part C

(Secs. 561-565) of title V of Pub. L. 103-236, enacting this

section and provisions set out as a note under section 2751 of this

title] may be cited as the 'Anti-Economic Discrimination Act of

1994'."

-End-

-CITE-

22 USC Sec. 2680 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2680. Appropriations for State Department; information to

Congressional committees

-STATUTE-

(a)(1) Notwithstanding any provision of law enacted before

October 26, 1974, no money appropriated to the Department of State

under any law shall be available for obligation or expenditure with

respect to any fiscal year commencing on or after July 1, 1972 -

(A) unless the appropriation thereof has been authorized by law

enacted on or after February 7, 1972; or

(B) in excess of an amount prescribed by law enacted on or

after such date.

(2) To the extent that legislation enacted after the making of an

appropriation to the Department of State authorizes the obligation

or expenditure thereof the limitation contained in paragraph (1)

shall have no effect.

(3) The provisions of this section -

(A) shall not be superseded except by a provision of law

enacted after February 7, 1972, which specifically repeals,

modifies, or supersedes the provisions of this section; and

(B) shall not apply to, or affect in any manner, permanent

appropriations, trust funds, and other similar accounts

administered by the Department as authorized by law.

(b) The Department of State shall keep the Committee on Foreign

Relations of the Senate and the Committee on Foreign Affairs of the

House of Representatives fully and currently informed with respect

to all activities and responsibilities within the jurisdiction of

these committees. Any Federal department, agency, or independent

establishment shall furnish any information requested by either

such committee relating to any such activity or responsibility.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 15, 70 Stat. 892; Pub. L.

92-226, pt. IV, Sec. 407(b), Feb. 7, 1972, 86 Stat. 35; Pub. L.

92-352, title I, Sec. 102, July 13, 1972, 86 Stat. 490; Pub. L.

93-475, Sec. 11, Oct. 26, 1974, 88 Stat. 1442; H. Res. 163, Mar.

19, 1975; renumbered title I, Pub. L. 97-241, title II, Sec.

202(a), Aug. 24, 1982, 96 Stat. 282.)

-COD-

CODIFICATION

Section was formerly classified to section 170t of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-475 incorporated existing

provisions into par. (1) preceding subpar. (A), and par. 3(B),

added pars. (1)(A), (B), (2), and (3)(A), and substituted "enacted

before October 26, 1974, no money appropriated to the Department of

State under any law shall be available for obligation or

expenditure with respect to any fiscal year commencing on or after

July 1, 1972" of ", no appropriation shall be made to the

Department of State under any law for any fiscal year commencing on

or after July 1, 1972, unless previously authorized by legislation

hereafter enacted by the Congress.", in par. (1) preceding subpar.

(A), and "section" for "subsection" in par. (3).

1972 - Subsec. (a). Pub. L. 92-352 inserted provisions that this

subsection shall not apply to, or affect in any manner, permanent

appropriations, trust funds, and other similar accounts

administered by the Department as authorized by law.

Pub. L. 92-226 substituted provisions constituting subsecs. (a)

and (b) and prohibiting any State Department appropriation on and

after July 1, 1972, without a prior congressional legislative

authorization, and requiring the State Department and Federal

agencies to furnish information to congressional committees for

former provisions constituting the entire section and authorizing

and making appropriations available for the State Department.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

FUTURE ASSISTANCE PROJECTIONS

Pub. L. 101-513, title V, Sec. 581, Nov. 5, 1990, 104 Stat. 2046,

directed that the Congressional Presentation Documents of

departments and agencies included within this Act should contain

funding projections for each of its major program components for

each of the three years following the year for which new budget or

other authority was being requested and provided that the

requirements of this section were effective for Congressional

Presentation Documents submitted for fiscal year 1992.

REPORT ON EXPENDITURES MADE FROM APPROPRIATION FOR EMERGENCIES IN

DIPLOMATIC AND CONSULAR SERVICE

Pub. L. 100-204, title I, Sec. 124, Dec. 22, 1987, 101 Stat.

1341, as amended by Pub. L. 102-138, title I, Sec. 114, Oct. 28,

1991, 105 Stat. 655, provided that: "The Secretary of State shall

provide to the Committee on Foreign Relations and the Committee on

Appropriations of the Senate and the Committee on Foreign Affairs

[now Committee on International Relations] and the Committee on

Appropriations of the House of Representatives within 30 days after

the end of each quarter of the fiscal year a complete report,

including amount, payee, and purpose, of all expenditures made from

the appropriation for 'Emergencies in the Diplomatic and Consular

Service' for that quarter. Items included in each such report

concerning representation, official travel, and gifts shall be

submitted in unclassified form."

INFORMATION-SHARING ARRANGEMENT BETWEEN DEPARTMENT OF STATE AND

CONGRESSIONAL COMMITTEES

Pub. L. 95-426, title I, Sec. 122, Oct. 7, 1978, 92 Stat. 970, as

amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(1), Aug.

24, 1982, 96 Stat. 299, provided that: "The Congress finds that -

"(1) international political, economic, and other studies

prepared systematically by analysts of the Department of State as

needed background information for executive branch policymakers

could be similarly valuable to the Committee on International

Relations [now Foreign Affairs] of the House of Representatives

and the Committee on Foreign Relations of the Senate in

fulfilling their responsibilities; and

"(2) a formal information-sharing arrangement between the

Department of State and such congressional committees could

therefore serve the national interest, provided that controls on

dissemination are established which insure that neither the

process of analysis nor necessary confidentiality is

jeopardized."

CONGRESSIONAL PURPOSE RESPECTING LAWS RELATING TO DEPARTMENT OF

STATE AND UNITED STATES INFORMATION AGENCY; FOREIGN RELATIONS; AND

AUTHORIZATION OF APPROPRIATIONS

Section 407(a) of Pub. L. 92-226 provided that: "It is the

purpose of this section [amending sections 1476, 2680, and 2684 of

this title] to enable the Congress generally, and the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives in particular, to carry out

the purposes and intent of the Legislative Reorganization Act of

1946 and 1970 [see Short Title notes set out under section 72a of

Title 2, The Congress], with respect to -

"(1) the analysis, appraisal, and evaluation of the

application, administration, and execution of the laws relating

to the Department of State and the United States Information

Agency and of matters relating to the foreign relations of the

United States; and

"(2) providing periodic authorizations of appropriations for

that Department and Agency."

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2696 of this title.

-End-

-CITE-

22 USC Sec. 2680-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2680-1. Deadline for responses to questions from Congressional

committees

-STATUTE-

(a) In general

An officer or employee of the Department of State to whom a

written or oral question is addressed by any member of a committee

specified in subsection (b) of this section, acting within his

official capacity, shall respond to such question within 21 days

unless the Secretary of State submits a letter to such member

explaining why a timely response cannot be made.

(b) Specified committees

The committees referred to in subsection (a) of this section are

the Committee on Foreign Relations of the Senate and the Committee

on Foreign Affairs of the House of Representatives.

-SOURCE-

(Pub. L. 102-138, title I, Sec. 196, Oct. 28, 1991, 105 Stat. 684.)

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 2680-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2680-2. Facilitating access to Department of State

-STATUTE-

(a) Procedures to facilitate access

The Department of State shall maintain procedures to ensure that

the members and staff of the congressional committees of

jurisdiction are granted easy access to the Department of State in

the conduct of their duties.

(b) Parking

The Department of State shall also make available adequate

parking for members and staff of the congressional committees of

jurisdiction in order to facilitate attendance of meetings at the

Department of State.

-SOURCE-

(Pub. L. 103-236, title I, Sec. 129, Apr. 30, 1994, 108 Stat. 394.)

-End-

-CITE-

22 USC Sec. 2680a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2680a. Compensation for disability or death

-STATUTE-

Section 1651 of title 42 shall not apply with respect to such

contracts as the Secretary of State may determine which are

contracts with persons employed to perform work for the Department

of State or the Foreign Service on an intermittent basis for not

more than 90 days in a calendar year.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 16, as added and renumbered

title I, Pub. L. 97-241, title I, Sec. 122, title II, Sec. 202(a),

Aug. 24, 1982, 96 Stat. 281, 282.)

-MISC1-

PRIOR PROVISIONS

A prior section 2680a, acts Aug. 1, 1956, ch. 841, Sec. 16, as

added Oct. 26, 1974, Pub. L. 93-475, Sec. 12, 88 Stat. 1442;

amended Oct. 7, 1978, Pub. L. 95-426, title I, Sec. 117, 92 Stat.

969, related to authority and responsibility of chiefs of mission,

prior to repeal by Pub. L. 96-465, title II, Sec. 2205(10), Oct.

17, 1980, 94 Stat. 2160. Repeal effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title. See

section 3927 of this title.

-End-

-CITE-

22 USC Sec. 2681 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2681. International broadcasting facilities; transfer to

Department of State; acquisition of property

-STATUTE-

For the purpose of assuring continued operation of the facilities

hereinafter described for international broadcasting as a means of

achieving the objectives of the United States Information and

Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.] under

authority of that Act, the Reconstruction Finance Corporation, as

successor to Defense Plant Corporation, shall transfer, without

regard to the provisions of the Surplus Property Act of 1944, as

amended, and without reimbursement or transfer of funds, to the

Secretary of State (hereinafter referred to as the "Secretary") all

of its right, title, and interest in and to the facilities known as

Plancors 1805, 1985, and 1986 located in Butler County, Ohio, in

the vicinity of Delano, California, and Dixon, California,

respectively, together with the equipment and other property

appurtenant thereto. For the purposes of sections 2681 to 2683 of

this title, the Secretary is authorized to acquire property or

rights or interests therein necessary or desirable for the

operation of such facilities by purchase, lease, gift, transfer,

condemnation, or otherwise.

-SOURCE-

(July 9, 1949, ch. 301, Sec. 1, 63 Stat. 408.)

-REFTEXT-

REFERENCES IN TEXT

The United States Information and Educational Exchange Act of

1948, referred to in text, is act Jan. 27, 1948, ch. 36, 62 Stat.

6, as amended, which is classified generally to chapter 18 (Sec.

1431 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1431 of

this title, and Tables.

The Surplus Property Act of 1944, referred to in text, is act

Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified

principally to sections 1611 to 1646 of Title 50, Appendix, War and

National Defense, and was repealed effective July 1, 1949, with the

exception of sections 1622, 1631, 1637, and 1641 of Title 50,

Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),

63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64

Stat. 583. Sections 1622 and 1641 were partially repealed by the

1949 act, and section 1622 is still set out in part in Title 50,

Appendix. Section 1622(g) was repealed and reenacted as sections

47151 to 47153 of Title 49, Transporation, by Pub. L. 103-272,

Secs. 1(d), 7(b), July 5, 1994, 108 Stat. 1278-1280, 1379. Section

1631 was repealed by act June 7, 1939, ch. 190, Sec. 6(e), as added

by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by

sections 98 et seq. of Title 50. Section 1637 was repealed by act

June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948,

and is covered by section 3287 of Title 18, Crimes and Criminal

Procedure. Provisions of section 1641 not repealed by the the 1949

act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21,

1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et

seq.) of this title. The provisions of the Surplus Property Act of

1944 originally repealed by the the 1949 act are covered by

provisions of the 1949 act which were classified to chapter 10

(Sec. 471 et seq.) of former Title 40, Public Buildings, Property,

and Works, and which were repealed and reenacted by Pub. L.

107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as

chapters 1 to 11 of Title 40, Public Buildings, Property, and

Works.

-COD-

CODIFICATION

Section was formerly classified to section 170a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

ABOLITION OF RECONSTRUCTION FINANCE CORPORATION

Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22

F.R. 4633, 71 Stat. 647, set out as a note under section 601 of

Title 15, Commerce and Trade, abolished the Reconstruction Finance

Corporation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2682 of this title.

-End-

-CITE-

22 USC Sec. 2682 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2682. Liquidation and disposal of broadcasting facilities

-STATUTE-

Whenever the Secretary finds that the operation of the facilities

authorized by sections 2681 to 2683 of this title to be transferred

is no longer necessary or desirable, he shall report such fact to

Congress with his recommendations for the disposition of such

facilities.

-SOURCE-

(July 9, 1949, ch. 301, Sec. 2, 63 Stat. 408.)

-COD-

CODIFICATION

Section was formerly classified to section 170b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2681 of this title.

-End-

-CITE-

22 USC Sec. 2683 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2683. Assumption of obligations of operation of broadcasting

facilities

-STATUTE-

The Department of State shall assume all obligations of the

Reconstruction Finance Corporation covering operations of said

facilities, equipment, and appurtenant property outstanding at the

date of transfer.

-SOURCE-

(July 9, 1949, ch. 301, Sec. 3, 63 Stat. 408.)

-COD-

CODIFICATION

Section was formerly classified to section 170c of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

ABOLITION OF RECONSTRUCTION FINANCE CORPORATION

Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22

F.R. 4633, 71 Stat. 647, set out as a note under section 601 of

Title 15, Commerce and Trade, abolished the Reconstruction Finance

Corporation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2681, 2682 of this title.

-End-

-CITE-

22 USC Sec. 2684 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2684. Capital fund for Department of State to centralize

reproduction, editorial, data processing, audiovisual and other

services; maximum amount; operation of fund

-STATUTE-

(a) Establishment of fund

There is hereby established a working capital fund for the

Department of State, which shall be available without fiscal year

limitation, for expenses (including those authorized by the Foreign

Service Act of 1980 [22 U.S.C. 3901 et seq.]) and equipment,

necessary for maintenance and operation in the city of Washington

and elsewhere of (1) central reproduction, editorial, data

processing, audiovisual, library and administrative support

services; (2) central services for supplies and equipment

(including repairs); (3) such other administrative services as the

Secretary, with the approval of the Office of Management and

Budget, determines may be performed more advantageously and more

economically as central services; and (4) medical and health care

services. Such fund shall also be available without fiscal year

limitation to carry out the purposes of title II of this Act [22

U.S.C. 4301 et seq.] (!1) The capital of the fund shall consist of

the amount of the fair and reasonable value of such supply

inventories, equipment, and other assets and inventories on order,

pertaining to the services to be carried on by the fund, as the

Secretary may transfer to the fund, less the related liabilities

and unpaid obligations, together with any appropriations made for

the purpose of providing capital. The fund shall be reimbursed, or

credited with advance payments, from applicable appropriations and

funds of the Department of State, other Federal agencies, and other

sources authorized by law, for supplies and services at rates which

will approximate the expense of operations, including accrual of

annual leave and depreciation of plant and equipment of the fund.

The fund shall also be credited with other receipts from sale or

exchange of property or in payment for loss or damage to property

held by the fund. There shall be transferred into the Treasury as

miscellaneous receipts, as of the close of each fiscal year,

earnings which the Secretary determines to be excess to the needs

of the fund.

(b) Charges to fund; credit to appropriations

The current value of supplies returned to the working capital

fund by a post, activity, or agency may be charged to the fund. The

proceeds thereof shall, if otherwise authorized, be credited to

current applicable appropriations and shall remain available for

expenditures for the same purposes for which those appropriations

are available. Credits may not be made to appropriations under this

subsection as the result of capitalization of inventories.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 13, as added Pub. L. 88-205,

pt. IV, Sec. 405, Dec. 16, 1963, 77 Stat. 391; amended 1970 Reorg.

Plan No. 2, Sec. 102, eff. July 1, 1970 35 F.R. 7959, 84 Stat.

2085; Pub. L. 92-226, pt. IV, Sec. 407(c), Feb. 7, 1972, 86 Stat.

35; Pub. L. 95-426, title I, Sec. 109(a), Oct. 7, 1978, 92 Stat.

966; Pub. L. 96-465, title II, Sec. 2201(b), Oct. 17, 1980, 94

Stat. 2157; renumbered title I and amended Pub. L. 97-241, title

II, Secs. 202(a), 203(a), Aug. 24, 1982, 96 Stat. 282, 290; Pub. L.

101-246, title I, Sec. 112, Feb. 16, 1990, 104 Stat. 21.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (a), is

Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

Title II of this Act, referred to in subsec. (a), is title II of

act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97-241,

title II, Sec. 202(b), 96 Stat. 283, known as the Foreign Missions

Act, which is classified principally to chapter 53 (Sec. 4301 et

seq.) of this title. For complete classification of title II to the

Code, see Short Title note set out under section 4301 of this title

and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 170u of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-246 inserted "and" before "(4)",

struck out "; and (5) services and supplies to carry out title II

of this Act", and inserted provision that the fund also be

available without fiscal year limitation to carry out the purposes

of title II of this Act.

1982 - Subsec. (a)(5). Pub. L. 97-241, Sec. 203(a), added cl.

(5).

1980 - Subsec. (a). Pub. L. 96-465 substituted "Foreign Service

Act of 1980" for "Foreign Service Act of 1946, as amended".

1978 - Pub. L. 95-426 designated existing provisions as subsec.

(a), substituted "central services" for "central supply services"

in cl. (2), struck out "and" at end of cl. (2), inserted "; and (4)

medical and health care services", struck out "Not to exceed

$750,000 in net assets shall be transferred to the fund for

purposes of providing capital" after "for the purpose of providing

capital", and added subsec. (b).

1972 - Pub. L. 92-226 struck out last sentence authorizing

appropriation of amounts necessary to provide capital for the fund.

See section 2680 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-241 effective Oct. 1, 1982, see section

204 of Pub. L. 97-241, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 109(b) of Pub. L. 95-426 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1978."

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of Reorg. Plan No. 2, of 1970, eff. July

1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan

No. 2 of 1970 redesignated Bureau of the Budget as Office of

Management and Budget and offices of Director, Deputy Director, and

Assistant Directors of Bureau of the Budget as Director, Deputy

Director, and Assistant Directors, respectively, of Office of

Management and Budget. Section 103 of Reorg. Plan No. 2 of 1970

transferred all records, property, personnel, and funds of Bureau

to Office of Management and Budget. See Part I of Reorganization

Plan No. 2 of 1970, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2703, 4308 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

22 USC Sec. 2684a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2684a. Capital Investment Fund

-STATUTE-

(a) Establishment

There is established within the Department of State a Capital

Investment Fund to provide for the procurement and enhancement of

information technology and other related capital investments for

the Department of State and to ensure the efficient management,

coordination, operation, and utilization of such resources.

(b) Funding

Funds otherwise available for the purposes of subsection (a) of

this section may be deposited in such Fund.

(c) Availability

Amounts deposited into the Fund shall remain available until

expended.

(d) Expenditures from Fund

Amounts deposited in the Fund shall be available for purposes of

subsection (a) of this section.

(e) Reprogramming procedures

Funds credited to the Capital Investment Fund shall not be

available for obligation or expenditure except in compliance with

the procedures applicable to reprogramming notifications under

section 2706 of this title.

-SOURCE-

(Pub. L. 103-236, title I, Sec. 135, Apr. 30, 1994, 108 Stat. 396;

Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2209, Oct. 21,

1998, 112 Stat. 2681-811.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 2209(1), inserted "and

enhancement" after "procurement".

Subsec. (c). Pub. L. 105-277, Sec. 2209(2), substituted "shall"

for "are authorized to".

Subsec. (d). Pub. L. 105-277, Sec. 2209(3), substituted "for

purposes of subsection (a) of this section" for "for expenditure to

procure capital equipment and information technology".

Subsec. (e). Pub. L. 105-277, Sec. 2209(4), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows: "Funds credited to the Capital Investment Fund

shall be treated as a reprogramming of funds under section 2706 of

this title and shall not be available for obligation or expenditure

except in compliance with the procedures applicable to such

reprogrammings."

-End-

-CITE-

22 USC Sec. 2685 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2685. Reimbursement for detailed State Department personnel

-STATUTE-

(a) An Executive agency to which any officer or employee of the

Department of State is detailed, assigned, or otherwise made

available, shall reimburse the Department for the salary and

allowances of each such officer or employee for the period the

officer or employee is so detailed, assigned, or otherwise made

available. However, if the Department of State has an agreement

with an Executive agency or agencies providing for the detailing,

assigning, or otherwise making available, of substantially the same

numbers of officers and employees between the Department and the

Executive agency or agencies, and such numbers with respect to a

fiscal year are so detailed, assigned, or otherwise made available,

or if the period for which the officer or employee is so detailed,

assigned, or otherwise made available does not exceed one year, or

if the number of officers and employees so detailed, assigned, or

otherwise made available at any one time does not exceed fifteen

and the period of any such detail, assignment, or availability of

an officer or employee does not exceed two years, no reimbursement

shall be required to be made under this section. Officers and

employees of the Department of State who are detailed, assigned, or

otherwise made available to another Executive agency for a period

of not to exceed one year shall not be counted toward any personnel

ceiling for the Department of State established by the Director of

the Office of Management and Budget.

(b) For purposes of this section, "Executive agency" has the same

meaning given that term by section 105 of title 5.

-SOURCE-

(Pub. L. 93-126, Sec. 11, Oct. 18, 1973, 87 Stat. 453; Pub. L.

95-426, title I, Sec. 118, Oct. 7, 1978, 92 Stat. 969; Pub. L.

99-93, title I, Sec. 117, Aug. 16, 1985, 99 Stat. 412.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-93 inserted "or if the number of

officers and employees so detailed, assigned, or otherwise made

available at any one time does not exceed fifteen and the period of

any such detail, assignment, or availability of an officer or

employee does not exceed two years," after "does not exceed one

year,".

1978 - Subsec. (a). Pub. L. 95-426 substituted "does not exceed

one year" for "does not exceed ninety days", and inserted provision

excepting from any personnel ceiling for the Department of State

any officers and employees who are detailed, etc., to another

Executive agency for a period of not to exceed one year.

-End-

-CITE-

22 USC Sec. 2686 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2686. Review of world-wide supply, demand, and price of basic

raw and processed materials

-STATUTE-

It is the sense of the Congress that the Secretary of State

should, and he is authorized to, establish within the Department of

State a bureau which shall be responsible for continuously

reviewing (1) the supply, demand, and price, throughout the world,

of basic raw and processed materials (including agricultural

commodities), and (2) the effect of United States Government

programs and policies (including tax policy) in creating or

alleviating, or assisting in creating or alleviating, shortages of

such materials. In conducting such review, the bureau should obtain

information with respect to -

(A) the supply, demand, and price of each such material in each

major importing, exporting, and producing country and region of

the world in order to understand long-term and short-term trends

in the supply, demand, and price of such materials;

(B) projected imports and exports of such materials on a

country-by-country basis;

(C) unusual patterns or changes in connection with the purchase

or sale of such materials;

(D) a list of such materials in short supply and an estimate of

the amount of shortage;

(E) international geological, geophysical, and political

conditions which may affect the supply of such materials; and

(F) other matters that the Secretary considers appropriate in

carrying out this section.

-SOURCE-

(Pub. L. 93-475, Sec. 14, Oct. 26, 1974, 88 Stat. 1443.)

-End-

-CITE-

22 USC Sec. 2686a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2686a. Appointment of Special Coordinator for water policy

negotiations and water resources policy

-STATUTE-

(a) Designation

The Secretary of State shall designate a Special Coordinator -

(1) to coordinate the United States Government response to

international water resource disputes and needs;

(2) to represent the United States Government, whenever

appropriate, in multilateral fora in discussions concerning

access to fresh water; and

(3) to formulate United States policy to assist in the

resolution of international problems posed by the lack of fresh

water supplies.

(b) Other responsibilities

The individual designated under subsection (a) of this section

may carry out the functions of subsection (a) of this section in

addition to other assigned responsibilities.

-SOURCE-

(Pub. L. 102-138, title I, Sec. 180, Oct. 28, 1991, 105 Stat. 682.)

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2687 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2687. Use of appropriated funds for unusual expenses of United

States Representative to Organization of American States

-STATUTE-

The Secretary of State is authorized to use appropriated funds

for unusual expenses similar to those authorized by section 5913 of

title 5 incident to the operation and maintenance of the living

quarters of the United States Representative to the Organization of

American States.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 17, as added Pub. L. 94-141,

title I, Sec. 101(c), Nov. 29, 1975, 89 Stat. 756; renumbered title

I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat.

282.)

-End-

-CITE-

22 USC Sec. 2688 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2688. Ambassadors; criteria regarding selection and

confirmation

-STATUTE-

It is the sense of the Congress that the position of United

States ambassador to a foreign country should be accorded to men

and women possessing clearly demonstrated competence to perform

ambassadorial duties. No individual should be accorded the position

of United States ambassador to a foreign country primarily because

of financial contributions to political campaigns.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 18, as added Pub. L. 94-141,

title I, Sec. 104, Nov. 29, 1975, 89 Stat. 757; renumbered title I,

Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat.

282.)

-End-

-CITE-

22 USC Sec. 2689 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2689. American Sections, International Joint Commission,

United States and Canada; funds for representation expenses and

official entertainment within the United States

-STATUTE-

Each fiscal year (beginning with fiscal year 1977), the Secretary

of State may use funds appropriated for the American Sections,

International Joint Commission, United States and Canada, for

representation expenses and official entertainment within the

United States for such American Sections.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 19, as added Pub. L. 94-350,

title I, Sec. 104, July 12, 1976, 90 Stat. 824; amended Pub. L.

95-426, title I, Sec. 110(a), Oct. 7, 1978, 92 Stat. 967;

renumbered title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24,

1982, 96 Stat. 282.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-426 struck out "not to exceed $1,500 of the"

after "the Secretary of State may use".

EFFECTIVE DATE OF 1978 AMENDMENT

Section 110(b) of Pub. L. 95-426 provided that: "The amendment

made by this section [amending this section] shall take effect on

October 1, 1978."

-End-

-CITE-

22 USC Sec. 2690 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2690. Foreign gifts; audit; reports to Congress

-STATUTE-

Any expenditure for any gift for any person of any foreign

country which involves any funds made available to meet unforeseen

emergencies arising in the Diplomatic and Consular Service shall be

audited by the Comptroller General and reports thereon made to the

Congress to such extent and at such times as he may determine

necessary. The representatives of the General Accounting Office

shall have access to all books, accounts, records, reports, files,

and all other papers, things, or property pertaining to such

expenditure and necessary to facilitate the audit.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 20, as added Pub. L. 94-350,

title I, Sec. 116(a), July 12, 1976, 90 Stat. 827; renumbered title

I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat.

282.)

-End-

-CITE-

22 USC Sec. 2691 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2691. Repealed. Pub. L. 101-649, title VI, Sec. 603(a)(18),

Nov. 29, 1990, 104 Stat. 5084

-MISC1-

Section, act Aug. 1, 1956, ch. 841, title I, Sec. 21, as added

Aug. 17, 1977, Pub. L. 95-105, title I, Sec. 112, 91 Stat. 848;

amended Oct. 7, 1978, Pub. L. 95-426, title I, Sec. 119, 92 Stat.

970; Aug. 15, 1979, Pub. L. 96-60, title I, Sec. 109, 93 Stat. 397;

renumbered title I, Aug. 24, 1982, Pub. L. 97-241, title II, Sec.

202(a), 96 Stat. 282, related to compliance with the Helsinki Final

Act in the granting of nonimmigrant visas to aliens who are

excludible from the United States by reason of membership in or

affiliation with a proscribed organization but who are otherwise

admissible, and provided that this section not apply to

representatives of labor organizations that are instruments of a

totalitarian state or aliens connected with the Palestine

Liberation Organization.

EFFECTIVE DATE OF REPEAL

Section repealed applicable to individuals entering United States

on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649,

set out as an Effective Date of 1990 Amendment note under section

1101 of Title 8, Aliens and Nationality.

-End-

-CITE-

22 USC Sec. 2692 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2692. Compensation for persons participating in State

Department proceedings; availability of funds

-STATUTE-

(a) The Secretary of State may compensate, pursuant to

regulations which he shall prescribe, for the cost of participating

in any proceeding or on any advisory committee or delegation of the

Department of State, any organization or person -

(1) who is representing an interest which would not otherwise

be adequately represented and whose participation is necessary

for a fair determination of the issues taken as a whole; and

(2) who would otherwise be unable to participate in such

proceeding or on such committee or delegation because such

organization or person cannot afford to pay the costs of such

participation.

(b) Of the funds appropriated for salaries and expenses for the

Department of State, not to exceed $250,000 shall be available in

any fiscal year for compensation under this section to such

organizations and persons.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 22, as added Pub. L. 95-105,

title I, Sec. 113(a), Aug. 17, 1977, 91 Stat. 848; renumbered title

I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat.

282.)

-MISC1-

EFFECTIVE DATE

Section 113(b) of Pub. L. 95-105 provided that: "Subsection (a)

[enacting this section] shall become effective on October 1, 1977."

-End-

-CITE-

22 USC Sec. 2693 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2693. Repealed. Pub. L. 96-465, title II, Sec. 2205(3), Oct.

17, 1980, 94 Stat. 2160

-MISC1-

Section, Pub. L. 95-105, title IV, Sec. 413, Aug. 17, 1977, 91

Stat. 856, related to employment of family members abroad in

non-career positions. See sections 3951, 3968, and 4026 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Feb. 15, 1981, except as otherwise provided, see

section 2403 of Pub. L. 96-465, set out as an Effective Date note

under section 3901 of this title.

-End-

-CITE-

22 USC Sec. 2694 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2694. Limitation on purchase of gifts for foreign individuals;

report to Speaker of the House and chairman of the Committee on

Foreign Relations of the Senate

-STATUTE-

(1) After September 30, 1977, no appropriated funds, other than

funds from the "Emergencies in the Diplomatic and Consular Service"

account of the Department of State, may be used to purchase any

tangible gift of more than minimal value (as defined in section

7342(a)(5) of title 5) for any foreign individual unless such gift

has been approved by the Congress.

(2) Beginning October 1, 1977, the Secretary of State shall

annually transmit to the Speaker of the House of Representatives

and the chairman of the Committee on Foreign Relations of the

Senate a report containing details on (1) any gifts of more than

minimal value purchased with appropriated funds which were given to

a foreign individual during the previous fiscal year, and (2) any

other gifts of more than minimal value given by the United States

Government to a foreign individual which were not obtained using

appropriated funds.

-SOURCE-

(Pub. L. 95-105, title V, Sec. 515(b), Aug. 17, 1977, 91 Stat.

866.)

-End-

-CITE-

22 USC Sec. 2695 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2695. Administrative services

-STATUTE-

(a) Agreements

Whenever the head of any Federal agency performing any foreign

affairs functions (including, but not limited to, the Department of

State, the Broadcasting Board of Governors, and the Agency for

International Development) determines that administrative services

performed in common by the Department of State and one or more

other such agencies may be performed more advantageously and more

economically on a consolidated basis, the Secretary of State and

the heads of the other agencies concerned may, subject to the

approval of the Director of the Office of Management and Budget,

conclude an agreement which provides for the transfer to and

consolidation within the Department or within one of the other

agencies concerned of so much of the functions, personnel,

property, records, and funds of the Department and of the other

agencies concerned as may be necessary to enable the performance of

those administrative services on a consolidated basis for the

benefit of all agencies concerned. Agreements for consolidation of

administrative services under this section shall provide for

reimbursement or advances of funds from the agency receiving the

service to the agency performing the service in amounts which will

approximate the expense of providing administrative services for

the serviced agency.

(b) Payment

(1) A Federal agency which obtains administrative services from

the Department of State pursuant to an agreement authorized under

subsection (a) of this section shall make full and prompt payment

for such services through advance of funds or reimbursement.

(2) The Secretary of State shall bill each Federal agency for

amounts due for services provided pursuant to subsection (a) of

this section. The Secretary shall notify a Federal agency which has

not made full payment for services within 90 days after billing

that services to the agency will be suspended or terminated if full

payment is not made within 180 days after the date of notification.

Except as provided under paragraph (3), the Secretary shall suspend

or terminate services to a Federal agency which has not made full

payment for services under this section 180 days after the date of

notification. Any costs associated with a suspension or termination

of services shall be the responsibility of, and shall be billed to,

the Federal agency.

(3) The Secretary of State may waive the requirement for

suspension or termination under paragraph (2) with respect to such

services as the Secretary determines are necessary to ensure the

protection of life and the safety of United States Government

property. A waiver may be issued for a period not to exceed one

year and may be renewed.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 23, as added Pub. L. 95-426,

title I, Sec. 111(a), Oct. 7, 1978, 92 Stat. 967; renumbered title

I and amended Pub. L. 97-241, title II, Sec. 202(a), title III,

Sec. 303(b), Aug. 24, 1982, 96 Stat. 282, 291; Pub. L. 102-138,

title I, Sec. 118, Oct. 28, 1991, 105 Stat. 657; Pub. L. 105-277,

div. G, subdiv. A, title XII, Sec. 1225(f), title XIII, Sec.

1335(l)(1), Oct. 21, 1998, 112 Stat. 2681-775, 2681-789.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1335(l)(1), substituted

"Broadcasting Board of Governors" for "United States Information

Agency".

Pub. L. 105-277, Sec. 1225(f), substituted "and the Agency for

International Development" for "the Agency for International

Development, and the Arms Control and Disarmament Agency".

1991 - Pub. L. 102-138 inserted section catchline, designated

existing provisions as subsec. (a) and inserted heading, and added

subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1225(f) of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of this title.

Amendment by section 1335(l)(1) of Pub. L. 105-277 effective Oct.

1, 1999, see section 1301 of Pub. L. 105-277, set out as an

Effective Date note under section 6531 of this title.

EFFECTIVE DATE

Section 111(b) of Pub. L. 95-426 provided that: "The amendment

made by this section [enacting this section] shall take effect on

October 1, 1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3924 of this title.

-End-

-CITE-

22 USC Sec. 2695a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2695a. Foreign language services

-STATUTE-

(a) Surcharge for certain foreign language services

Notwithstanding any other provision of law, the Secretary of

State is authorized to require the payment of an appropriate fee,

surcharge, or reimbursement for providing other Federal agencies

with foreign language translation and interpretation services.

(b) Use of funds

Funds collected under the authority of subsection (a) of this

section shall be deposited as an offsetting collection to any

Department of State appropriation to recover the cost of providing

translation or interpretation services in any foreign language.

Such funds may remain available until expended.

-SOURCE-

(Pub. L. 103-236, title I, Sec. 193, Apr. 30, 1994, 108 Stat. 419.)

-End-

-CITE-

22 USC Sec. 2695b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2695b. Omitted

-COD-

CODIFICATION

Section, Pub. L. 104-208, div. A, title I, Sec. 101(a) [title

IV], Sept. 30, 1996, 110 Stat. 3009, 3009-46, which provided that

in fiscal year 1998 a system was to be in place that allocated to

each department and agency full cost of its presence outside of the

United States, was from the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act,

1997, and was not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 104-134, title I, Sec. 101[(a)] [title IV], Apr. 26,

1996, 110 Stat. 1321, 1321-36; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

-End-

-CITE-

22 USC Sec. 2696 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2696. Nondiscretionary personnel costs, currency fluctuations,

and other contingencies

-STATUTE-

(a) Additional appropriations

There are authorized to be appropriated for the Department of

State, in addition to amounts otherwise authorized to be

appropriated for the Department, such sums as may be necessary for

any fiscal year for increases in salary, pay, retirement, and other

employee benefits authorized by law.

(b) Appropriations authorization based on currency fluctuations

(1) In order to maintain the levels of program activity for the

Department of State provided for each fiscal year by the annual

authorizing legislation, there are authorized to be appropriated

for the Department of State such sums as may be necessary to offset

adverse fluctuations in foreign currency exchange rates, or

overseas wage and price changes, which occur after November 30 of

the earlier of -

(A) the calendar year which ended during the fiscal year

preceding such fiscal year, or

(B) the calendar year which preceded the calendar year during

which the authorization of appropriations for such fiscal year

was enacted.

(2) In carrying out this subsection, there may be established a

Buying Power Maintenance account.

(3) In order to eliminate substantial gains to the approved

levels of overseas operations for the Department of State, the

Secretary of State shall transfer to the Buying Power Maintenance

account such amounts in any appropriation account under the heading

"Administration of Foreign Affairs" as the Secretary determines are

excessive to the needs of the approved level of operations under

that appropriation account because of fluctuations in foreign

currency exchange rates or changes in overseas wages and prices.

(4) In order to offset adverse fluctuations in foreign currency

exchange rates or overseas wage and price changes, the Secretary of

State may transfer from the Buying Power Maintenance account to any

appropriation account under the heading "Administration of Foreign

Affairs" such amounts as the Secretary determines are necessary to

maintain the approved level of operations under that appropriation

account.

(5) Funds transferred by the Secretary of State from the Buying

Power Maintenance account to another account shall be merged with

and be available for the same purpose, and for the same time

period, as the funds in that other account. Funds transferred by

the Secretary from another account to the Buying Power Maintenance

account shall be merged with the funds in the Buying Power

Maintenance account and shall be available for the purposes of that

account until expended.

(6) Any restriction contained in an appropriation Act or other

provision of law limiting the amounts available for the Department

of State that may be obligated or expended shall be deemed to be

adjusted to the extent necessary to offset the net effect of

fluctuations in foreign currency exchange rates or overseas wage

and price changes in order to maintain approved levels.

(7)(A) Subject to the limitations contained in this paragraph,

not later than the end of the fifth fiscal year after the fiscal

year for which funds are appropriated or otherwise made available

for an account under "Administration of Foreign Affairs", the

Secretary of State may transfer any unobligated balance of such

funds to the Buying Power Maintenance account.

(B) The balance of the Buying Power Maintenance account may not

exceed $100,000,000 as a result of any transfer under this

paragraph.

(C) Any transfer pursuant to this paragraph shall be treated as a

reprogramming of funds under section 2706 of this title and shall

be available for obligation or expenditure only in accordance with

the procedures under such section.

(D) The authorities contained in this section may only be

exercised to such an extent and in such amounts as specifically

provided for in advance in appropriations Acts.

(c) Availability of appropriations until expended

Amounts authorized to be appropriated for a fiscal year for the

Department of State or to the Secretary of State are authorized to

be made available until expended.

(d) Accounts subject to percentage limitation

(1) Subject to paragraphs (2) and (3), funds authorized to be

appropriated for any account of the Department of State in the

Department of State Appropriations Act, for either fiscal year of

any two-year authorization cycle may be appropriated for such

fiscal year for any other account of the Department of State.

(2) Amounts appropriated for the "Diplomatic and Consular

Programs" account may not exceed by more than 5 percent the amount

specifically authorized to be appropriated for such account for a

fiscal year. No other appropriations account may exceed by more

than 10 percent the amount specifically authorized to be

appropriated for such account for a fiscal year.

(3) The requirements and limitations of section 2680 of this

title shall not apply to the appropriation of funds pursuant to

this subsection.

(e) Availability of funds for twelve-month contracts to be

performed in two fiscal years

Amounts authorized to be appropriated for a fiscal year for the

Department of State or to the Secretary of State are authorized to

be obligated for twelve-month contracts which are to be performed

in two fiscal years, if the total amount for such contracts is

obligated in the earlier fiscal year.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 24, as added Pub. L. 96-60,

title I, Sec. 105(a), Aug. 15, 1979, 93 Stat. 396; renumbered title

I and amended Pub. L. 97-241, title I, Sec. 112(a), title II, Sec.

202(a), Aug. 24, 1982, 96 Stat. 277, 282; Pub. L. 101-246, title I,

Sec. 107, Feb. 16, 1990, 104 Stat. 21; Pub. L. 102-138, title I,

Sec. 117(a), (c), Oct. 28, 1991, 105 Stat. 656, 657; Pub. L.

103-236, title I, Sec. 122(a), Apr. 30, 1994, 108 Stat. 392.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(7)(E). Pub. L. 103-236, Sec. 122(a)(1), struck

out subpar. (E) which read as follows: "This paragraph shall cease

to have effect after September 30, 1993."

Subsec. (d)(1). Pub. L. 103-236, Sec. 122(a)(2), substituted

"either fiscal year" for "the second fiscal year" and "such fiscal

year" for "such second fiscal year".

Subsec. (d)(2). Pub. L. 103-236, Sec. 122(a)(3), amended first

sentence generally. Prior to amendment, first sentence read as

follows: "Amounts appropriated for the 'Salaries and Expenses' and

'Acquisition and Maintenance of Buildings Abroad' accounts may not

exceed by more than 5 percent the amounts specifically authorized

to be appropriated for each such account for a fiscal year."

Subsec. (d)(4). Pub. L. 103-236, Sec. 122(a)(4), struck out par.

(4) which read as follows: "This subsection shall cease to have

effect after September 30, 1993."

1991 - Subsec. (b)(7). Pub. L. 102-138, Sec. 117(a), added par.

(7).

Subsec. (d). Pub. L. 102-138, Sec. 117(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

"Amounts authorized to be appropriated for the Department of State

for a fiscal year for the 'Administration of Foreign Affairs'

account, the 'International Organizations and Conferences' account,

the 'International Commissions' account, or the 'Migration and

Refugee Assistance' account may be appropriated for that fiscal

year for any other such account, except that the total amount

appropriated for a fiscal year for any such account may not exceed

by more than 10 percent the amount specifically authorized to be

appropriated for that account for that fiscal year."

1990 - Subsec. (e). Pub. L. 101-246 added subsec. (e).

1982 - Subsec. (b). Pub. L. 97-241, Sec. 112(a), designated

existing provision as par. (1), substituted provision authorizing

appropriations to offset adverse fluctuations in foreign currency

exchange rates and overseas wage and price changes which occur

after Nov. 30 of the earlier of the calendar year which ended

during the fiscal year preceding such fiscal year or the calendar

year which preceded the calendar year during which the

authorization of appropriations for such fiscal year was enacted,

for provision authorizing appropriations to offset adverse

fluctuations in foreign currency exchange rates occurring after

Nov. 30 of the preceding fiscal year, and added pars. (2) to (6).

EFFECTIVE DATE

Section 105(b) of Pub. L. 96-60 provided that: "The amendment

made by subsection (a) [enacting this section] shall take effect on

October 1, 1979."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4851 of this title.

-End-

-CITE-

22 USC Sec. 2697 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2697. Acceptance of gifts on behalf of United States

-STATUTE-

(a) Unconditional and conditional gifts

The Secretary of State may accept on behalf of the United States

gifts made unconditionally by will or otherwise for the benefit of

the Department of State (including the Foreign Service) or for the

carrying out of any of its functions. Conditional gifts may be so

accepted at the discretion of the Secretary, and the principal of

and income from any such conditional gift shall be held, invested,

reinvested, and used in accordance with its conditions, except that

no gift shall be accepted which is conditioned upon any expenditure

which will not be met by the gift or the income from the gift

unless such expenditure has been approved by Act of Congress.

(b) Disposition

Any unconditional gift of money accepted under subsection (a) of

this section, the income from any gift property held under

subsection (c) or (d) of this section (except income made available

for expenditure under subsection (d)(2) of this section), the net

proceeds from the liquidation of gift property under subsection (c)

or (d) of this section, and the proceeds of insurance on any gift

property which are not used for its restoration, shall be deposited

in the Treasury of the United States. Such funds are hereby

appropriated and shall be held in trust by the Secretary of the

Treasury for the benefit of the Department of State (including the

Foreign Service). The Secretary of the Treasury may invest and

reinvest such funds in interest-bearing obligations of the United

States or in obligations guaranteed as to both principal and

interest by the United States. Such funds and the income from such

investments shall be available for expenditure in the operation of

the Department of State (including the Foreign Service) and the

performance of its functions, subject to the same examination and

audit as is provided for appropriations made for the Foreign

Service by the Congress, but shall not be expended for

representational purposes at United States missions except in

accordance with the conditions that apply to appropriated funds.

(c) Evidences of unconditional gift of intangible personal property

The evidences of any unconditional gift of intangible personal

property (other than money) accepted under subsection (a) of this

section, shall be deposited with the Secretary of the Treasury who

may hold or liquidate them, except that they shall be liquidated

upon the request of the Secretary of State whenever necessary to

meet payments required in the operation of the Department of State

(including the Foreign Service) or the performance of its

functions.

(d) Use of real property or tangible personal property received

unconditionally

(1) The Secretary of State shall hold any real property or any

tangible personal property accepted unconditionally pursuant to

subsection (a) of this section and shall either use such property

for the operation of the Department of State (including the Foreign

Service) and the performance of its functions or lease or hire such

property, except that any such property not required for the

operation of the Department of State (including the Foreign

Service) or the performance of its functions may be liquidated by

the Secretary of State whenever in the judgment of the Secretary of

State the purposes of the gift will be served thereby. The

Secretary of State may insure any property held under this

subsection. Except as provided in paragraph (2), the Secretary

shall deposit the income from any property held under this

subsection with the Secretary of the Treasury as provided in

subsection (b) of this section.

(2) The income from any real property or tangible personal

property held under this subsection shall be available for

expenditure at the discretion of the Secretary of State for the

maintenance, preservation, or repair and insurance of such property

and any proceeds from insurance may be used to restore the property

insured.

(e) Taxation

For the purpose of Federal income, estate, and gift taxes, any

gift, devise, or bequest accepted under this section shall be

deemed to be a gift, devise, or bequest to and for the use of the

United States.

(f) Availability of statutory authorities to Broadcasting Board and

Administrator of AID

The authorities available to the Secretary of State under this

section with respect to the Department of State shall be available

to the Broadcasting Board of Governors and the Administrator of the

Agency for International Development with respect to the Board and

the Agency.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 25, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2153; renumbered

title I and amended Pub. L. 97-241, title II, Sec. 202(a), title

III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 282, 291; Pub. L.

100-204, title I, Sec. 125, Dec. 22, 1987, 101 Stat. 1341; Pub. L.

105-277, div. G, subdiv. A, title XIII, Sec. 1335(l)(2), title XIV,

Sec. 1422(b)(3)(A), Oct. 21, 1998, 112 Stat. 2681-789, 2681-792.)

-MISC1-

AMENDMENTS

1998 - Subsec. (f). Pub. L. 105-277, Sec. 1422(b)(3)(A),

substituted "Administrator of the Agency for International

Development" for "Director of the United States International

Development Cooperation Agency".

Pub. L. 105-277, Sec. 1335(l)(2), substituted "Broadcasting Board

of Governors" for "Director of the United States Information

Agency" and "with respect to the Board and the Agency" for "with

respect to their respective agencies".

1987 - Subsec. (b). Pub. L. 100-204 inserted ", but shall not be

expended for representational purposes at United States missions

except in accordance with the conditions that apply to appropriated

funds" before period at end of last sentence.

-CHANGE-

CHANGE OF NAME

"Director of the United States Information Agency" substituted

for "Director of the International Communication Agency" in subsec.

(f), pursuant to section 303(b) of Pub. L. 97-241, set out as a

note under section 1461 of this title.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1335(l)(2) of Pub. L. 105-277 effective Oct.

1, 1999, see section 1301 of Pub. L. 105-277, set out as an

Effective Date note under section 6531 of this title.

Amendment by section 1422(b)(3)(A) of Pub. L. 105-277 effective

Apr. 1, 1999, see section 1401 of Pub. L. 105-277, set out as an

Effective Date note under section 6561 of this title.

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

OFFICIAL RESIDENCE OF SECRETARY OF STATE

Section 132 of Pub. L. 100-204 provided that: "The Department of

State shall not solicit or receive funds for the construction,

purchase, lease or rental of, nor any gift or bequest of real

property or any other property for the purpose of providing living

quarters for the Secretary of State."

Pub. L. 99-93, title I, Sec. 130, Aug. 16, 1985, 99 Stat. 420,

provided that:

"(a) Congressional Review. - It is the sense of the Congress that

the United States should not accept a gift of any house or other

place of residence for the purpose of providing an official

residence for the Secretary of State unless the Congress has had an

opportunity to review the proposed gift.

"(b) Study and Report. - The Secretary of State shall conduct a

study of any offer of a gift for the purpose of providing a place

of official residence for the Secretary of State. Such study shall

include an examination of the costs to the United States associated

with accepting such gift, including the costs of acquisition,

maintenance, security, and daily operation of a residence. The

Secretary shall report the results of any study conducted under

this section to the Committee on Foreign Affairs [now Committee on

International Relations] and the Committee on Public Works and

Transportation [now Committee on Transportation and Infrastructure]

of the House of Representatives and to the Committee on Foreign

Relations and the Committee on Environment and Public Works of the

Senate."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2056, 2715c of this

title; title 26 sections 170, 2055.

-End-

-CITE-

22 USC Sec. 2698 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2698. Procurement of legal services

-STATUTE-

(a) The Secretary of State may, without regard to section 3106 of

title 5, authorize a principal officer of the Foreign Service to

procure legal services whenever such services are required for the

protection of the interests of the Government or to enable a member

of the Service to carry on the member's work efficiently.

(b) The authority available to the Secretary of State under this

section shall be available to the Broadcasting Board of

Governors,(!1) and the Administrator of the Agency for

International Development with respect to the Board and the Agency.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 26, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282; amended Pub. L. 101-246, title III, Sec. 303, Feb. 16,

1990, 104 Stat. 64; Pub. L. 105-277, div. G, subdiv. A, title XIII,

Sec. 1335(l)(3), title XIV, Sec. 1422(b)(3)(B), Oct. 21, 1998, 112

Stat. 2681-789, 2681-792; Pub. L. 106-113, div. B, Sec. 1000(a)(7)

[div. A, title VIII, Sec. 802(a)], Nov. 29, 1999, 113 Stat. 1536,

1501A-468.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-113 made technical correction to

directory language of Pub. L. 105-277, Sec. 1422(b)(3)(B). See 1998

Amendment note below.

1998 - Subsec. (b). Pub. L. 105-277, Sec. 1422(b)(3)(B), as

amended by Pub. L. 106-113, substituted "Administrator of the

Agency for International Development" for "Director of the United

States International Development Cooperation Agency".

Pub. L. 105-277, Sec. 1335(l)(3), substituted "Broadcasting Board

of Governors," for "Director of the United States Information

Agency, the chairman of the Board for International Broadcasting,"

and "with respect to the Board and the Agency" for "with respect to

their respective agencies".

1990 - Subsec. (b). Pub. L. 101-246 substituted "United States

Information Agency, the chairman of the Board for International

Broadcasting," for "International Communication Agency".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1335(l)(3) of Pub. L. 105-277 effective Oct.

1, 1999, see section 1301 of Pub. L. 105-277, set out as an

Effective Date note under section 6531 of this title.

Amendment by section 1422(b)(3)(B) of Pub. L. 105-277 effective

Apr. 1, 1999, see section 1401 of Pub. L. 105-277, set out as an

Effective Date note under section 6561 of this title.

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2509 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

22 USC Sec. 2699 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2699. Employment opportunities for family members

-STATUTE-

(a) In order to expand employment opportunities for family

members of United States Government personnel assigned abroad, the

Secretary of State shall seek to conclude such bilateral and

multilateral agreements as will facilitate the employment of such

family members in foreign economies.

(b) Any member of a family of a member of the Foreign Service may

accept gainful employment in a foreign country unless such

employment -

(1) would violate any law of such country or of the United

States; or

(2) could, as certified in writing by the United States chief

of mission to such country, damage the interests of the United

States.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 27, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-MISC1-

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-End-

-CITE-

22 USC Sec. 2700 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2700. Use of vehicles

-STATUTE-

The Secretary of State may authorize the principal officer of a

Foreign Service post to provide for the use of Government owned or

leased vehicles located at that post for transportation of United

States Government employees and their families when public

transportation is unsafe or not available or when such use is

advantageous to the Government.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 28, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-MISC1-

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 1344.

-End-

-CITE-

22 USC Sec. 2701 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2701. Educational facilities

-STATUTE-

Whenever the Secretary of State determines that educational

facilities are not available, or that existing educational

facilities are inadequate, to meet the needs of children of United

States citizens stationed outside the United States who are engaged

in carrying out Government activities, the Secretary may, in such

manner as he deems appropriate and under such regulations as he may

prescribe, establish, operate, and maintain primary schools, and

school dormitories and related educational facilities for primary

and secondary schools, outside the United States, make grants of

funds for such purposes, or otherwise provide for such educational

facilities. The authorities of the Foreign Service Buildings Act,

1926 [22 U.S.C. 292 et seq.], and of paragraphs (h) and (i) of

section 2670 of this title, may be utilized by the Secretary in

providing assistance for educational facilities. Such assistance

may include hiring, transporting, and payment of teachers and other

necessary personnel. Notwithstanding any other provision of law,

where the child of a United States citizen employee of an agency of

the United States Government who is stationed outside the United

States attends an educational facility assisted by the Secretary of

State under this section, the head of that agency is authorized to

reimburse, or credit with advance payment, the Department of State

for funds used in providing assistance to such educational

facilities, by grant or otherwise, under this section.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 29, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282; amended Pub. L. 105-277, div. G, subdiv. B, title XXII,

Sec. 2201, Oct. 21, 1998, 112 Stat. 2681-804.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Buildings Act, 1926, referred to in text, is

act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is

classified generally to chapter 8 (Sec. 292 et seq.) of this title.

For complete classification of this Act to the Code, see section

299 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 inserted at end "Notwithstanding any other

provision of law, where the child of a United States citizen

employee of an agency of the United States Government who is

stationed outside the United States attends an educational facility

assisted by the Secretary of State under this section, the head of

that agency is authorized to reimburse, or credit with advance

payment, the Department of State for funds used in providing

assistance to such educational facilities, by grant or otherwise,

under this section."

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-End-

-CITE-

22 USC Sec. 2702 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2702. Malpractice protection

-STATUTE-

(a) Exclusiveness of designated remedies

The remedy -

(1) against the United States provided by sections 1346(b) and

2672 of title 28, or

(2) through proceedings for compensation or other benefits from

the United States as provided by any other law, where the

availability of such benefits precludes a remedy under such

sections,

for damages for personal injury, including death, allegedly arising

from malpractice or negligence of a physician, dentist, nurse,

pharmacist, or paramedical (including medical and dental assistants

and technicians, nursing assistants, and therapists) or other

supporting personnel of the Department of State in furnishing

medical care or related services, including the conducting of

clinical studies or investigations, while in the exercise of his or

her duties in or for the Department of State or any other Federal

department, agency, or instrumentality shall be exclusive of any

other civil action or proceeding by reason of the same subject

matter against such physician, dentist, nurse, pharmacist, or

paramedical or other supporting personnel (or his or her estate)

whose act or omission gave rise to such claim.

(b) Defense of civil actions by United States; delivery of process;

furnishing of copies of pleadings

The United States Government shall defend any civil action or

proceeding brought in any court against any person referred to in

subsection (a) of this section (or his or her estate) for any such

damage or injury. Any such person against whom such civil action or

proceeding is brought shall deliver, within such time after date of

service or knowledge of service as may be determined by the

Attorney General, all process served upon him or her or an attested

true copy thereof to whomever was designated by the Secretary to

receive such papers. Such person shall promptly furnish copies of

the pleading and process therein to the United States attorney for

the district embracing the place wherein the proceeding is brought,

to the Attorney General, and to the Secretary.

(c) Removal of actions; remand or dismissal; suspension of

limitations

Upon a certification by the Attorney General that the defendant

was acting within the scope of his or her employment in or for the

Department of State or any other Federal department, agency, or

instrumentality at the time of the incident out of which the suit

arose, any such civil action or proceeding commenced in a State

court shall be removed without bond at any time before trial by the

Attorney General to the district court of the United States of the

district and division embracing the place wherein it is pending and

the proceeding deemed a tort action brought against the United

States under the provisions of title 28, and all references

thereto. Should a United States district court determine on a

hearing on a motion to remand held before a trial on the merits

that the case so removed is one in which a remedy by suit within

the meaning of subsection (a) of this section is not available

against the United States, the case shall be remanded to the State

court except that where such remedy is precluded because of the

availability of a remedy through proceedings for compensation or

other benefits from the United States as provided by any other law,

the case shall be dismissed, but in that event, the running of any

limitation of time for commencing, or filing an application or

claim in, such proceedings for compensation or other benefits shall

be deemed to have been suspended during the pendency of the civil

action or proceeding under this section.

(d) Compromise or settlement of claims

The Attorney General may compromise or settle any claim asserted

in such civil action or proceeding in the manner provided in

section 2677 of title 28, and with the same effect.

(e) Inapplicability of section 2680(h) of title 28

For purposes of this section, the provisions of section 2680(h)

of title 28, shall not apply to any tort enumerated therein arising

out of negligence in the furnishing of medical care or related

services, including the conducting of clinical studies or

investigations.

(f) Holding harmless or providing for liability insurance

The Secretary may, to the extent he deems appropriate, hold

harmless or provide liability insurance for any person to whom the

immunity provisions of subsection (a) of this section apply, for

damages for personal injury, including death, negligently caused by

any such person while acting within the scope of his or her office

or employment and as a result of the furnishing of medical care or

related services, including the conducting of clinical studies or

investigations, if such person is assigned to a foreign area or

detailed for service with other than a Federal agency or

institution, or if the circumstances are such as are likely to

preclude the remedies of third persons against the United States

provided by sections 1346(b) and 2672 of title 28, for such damage

or injury.

(g) Medical care or related service within scope of employment

For purposes of this section, any medical care or related service

covered by this section and performed abroad by a covered person at

the direction or with the approval of the United States chief of

mission or other principal representative of the United States in

the area shall be deemed to be within the scope of employment of

the individual performing the service.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 30, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2155; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282.)

-MISC1-

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2509 of this title.

-End-

-CITE-

22 USC Sec. 2703 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2703. Services and facilities for employees at posts abroad

-STATUTE-

(a) Non-Government-operated services; applicability of other

provisions of law

The Secretary of State may authorize and assist in the

establishment, maintenance, and operation by civilian officers and

employees of the Government of non-Government-operated services and

facilities at posts abroad, including the furnishing of space,

utilities, and properties owned or leased by the Government for use

by its diplomatic, consular, and other missions and posts abroad.

The provisions of the Foreign Service Buildings Act, 1926 (22

U.S.C. 292-300) and section 2684 of this title may be utilized by

the Secretary in providing such assistance.

(b) Emergency commissary and mess services

The Secretary may establish and maintain emergency commissary or

mess services in places abroad where, in the judgment of the

Secretary, such services are necessary temporarily to insure the

effective and efficient performance of official duties and

responsibilities. Reimbursements incident to the maintenance and

operation of commissary or mess service under this subsection shall

be at not less than cost as determined by the Secretary and shall

be used as working funds, except that an amount equal to the amount

expended for such services shall be covered into the Treasury as

miscellaneous receipts.

(c) Availability; duplication of facilities and services

Services and facilities established under this section shall be

made available, insofar as practicable, to officers and employees

of all agencies and their dependents who are stationed in the

locality abroad, and, where determined by the Secretary to be

appropriate due to exceptional circumstances, to United States

citizens hired outside of the host country to serve as teaching

staff for such dependents abroad. Such services and facilities

shall not be established in localities where another agency

operates similar services or facilities unless the Secretary

determines that additional services or facilities are necessary.

Other agencies shall to the extent practicable avoid duplicating

the facilities and services provided or assisted by the Secretary

under this section.

(d) Charges

Charges at any post abroad for a service or facility provided,

authorized or assisted under this section shall be at the same rate

for all civilian personnel of the Government serviced thereby, and

all charges for supplies furnished to such a service or facility

abroad by any agency shall be at the same rate as that charged by

the furnishing agency to its comparable civilian services and

facilities.

(e) Child care facilities

The Secretary of State may make grants to child care facilities,

to offset in part the cost of such care, in Moscow and at no more

than five other posts abroad where the Secretary determines that

due to extraordinary circumstances such facilities are necessary to

the efficient operation of the post. In making that determination,

the Secretary shall take into account factors such as -

(1) whether Foreign Service spouses are encouraged to work at

the post because -

(A) the number of members of the post is subject to a ceiling

imposed by the receiving country; and

(B) Foreign Service nationals are not employed at the post;

and

(2) whether local child care is available.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 31, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2156; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282; amended Pub. L. 101-246, title I, Sec. 147, Feb. 16,

1990, 104 Stat. 38; Pub. L. 102-138, title I, Secs. 121, 144, Oct.

28, 1991, 105 Stat. 658, 668; Pub. L. 103-236, title I, Sec. 124,

Apr. 30, 1994, 108 Stat. 393.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Buildings Act, 1926, referred to in subsec.

(a), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which

is classified generally to chapter 8 (Sec. 292 et seq.) of this

title. For complete classification of this Act to the Code, see

section 299 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-236 substituted "The" for "For

the fiscal years 1992 and 1993, the" in introductory provisions.

1991 - Subsec. (c). Pub. L. 102-138, Sec. 144, inserted before

period at end of first sentence ", and, where determined by the

Secretary to be appropriate due to exceptional circumstances, to

United States citizens hired outside of the host country to serve

as teaching staff for such dependents abroad".

Subsec. (e). Pub. L. 102-138, Sec. 121, substituted "1992 and

1993" for "1990 and 1991" in introductory provisions.

1990 - Subsec. (e). Pub. L. 101-246 added subsec. (e).

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-End-

-CITE-

22 USC Sec. 2704 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2704. Subsistence expenses

-STATUTE-

The Secretary of State may pay, without regard to section 5702 of

title 5, subsistence expenses of (1) special agents of the

Department of State who are on authorized protective missions, and

(2) members of the Foreign Service and employees of the Department

who are required to spend extraordinary amounts of time in travel

status. The authorities available to the Secretary of State under

this section with respect to the Department of State shall be

available to the Broadcasting Board of Governors and the

Administrator of the Agency for International Development with

respect to their respective agencies, except that the authority of

clause (2) shall be available with respect to those agencies only

in the case of members of the Foreign Service and employees of the

agency who are performing security-related functions abroad.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 32, as added Pub. L. 96-465,

title II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2157; renumbered

title I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96

Stat. 282; amended Pub. L. 98-533, title III, Sec. 303(c), Oct. 19,

1984, 98 Stat. 2711; Pub. L. 99-93, title I, Sec. 125(b), Aug. 16,

1985, 99 Stat. 417; Pub. L. 105-277, div. G, subdiv. A, title XIII,

Sec. 1335(l)(4), title XIV, Sec. 1422(b)(3)(C), Oct. 21, 1998, 112

Stat. 2681-789, 2681-792.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 1422(b)(3)(C), substituted

"Administrator of the Agency for International Development" for

"Director of the United States International Development

Cooperation Agency".

Pub. L. 105-277, Sec. 1335(l)(4), substituted "the Broadcasting

Board of Governors" for "the Director of the United States

Information Agency".

1985 - Pub. L. 99-93 substituted "special agents" for "security

officers".

1984 - Pub. L. 98-533 inserted "The authorities available to the

Secretary of State under this section with respect to the

Department of State shall be available to the Director of the

United States Information Agency and the Director of the United

States International Development Cooperation Agency with respect to

their respective agencies, except that the authority of clause (2)

shall be available with respect to those agencies only in the case

of members of the Foreign Service and employees of the agency who

are performing security-related functions abroad."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1335(l)(4) of Pub. L. 105-277 effective Oct.

1, 1999, see section 1301 of Pub. L. 105-277, set out as an

Effective Date note under section 6531 of this title.

Amendment by section 1422(b)(3)(C) of Pub. L. 105-277 effective

Apr. 1, 1999, see section 1401 of Pub. L. 105-277, set out as an

Effective Date note under section 6561 of this title.

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of this title.

-End-

-CITE-

22 USC Sec. 2705 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2705. Documentation of citizenship

-STATUTE-

The following documents shall have the same force and effect as

proof of United States citizenship as certificates of

naturalization or of citizenship issued by the Attorney General or

by a court having naturalization jurisdiction:

(1) A passport, during its period of validity (if such period

is the maximum period authorized by law), issued by the Secretary

of State to a citizen of the United States.

(2) The report, designated as a "Report of Birth Abroad of a

Citizen of the United States", issued by a consular officer to

document a citizen born abroad. For purposes of this paragraph,

the term "consular officer" includes any United States citizen

employee of the Department of State who is designated by the

Secretary of State to adjudicate nationality abroad pursuant to

such regulations as the Secretary may prescribe.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 33, as added and renumbered

title I, Pub. L. 97-241, title I, Sec. 117, title II, Sec. 202(a),

Aug. 24, 1982, 96 Stat. 279, 282; amended Pub. L. 105-277, div. G,

subdiv. B, title XXII, Sec. 2222(a), Oct. 21, 1998, 112 Stat.

2681-818.)

-MISC1-

PRIOR PROVISIONS

A prior section 33 of act Aug. 1, 1956, was renumbered section 34

by section 117 of Pub. L. 97-241, and subsequently renumbered, and

set out as a Short Title of 1956 Amendment note under section 2651

of this title, prior to repeal by Pub. L. 102-138, title I, Sec.

111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

1998 - Par. (2). Pub. L. 105-277 inserted at end "For purposes of

this paragraph, the term 'consular officer' includes any United

States citizen employee of the Department of State who is

designated by the Secretary of State to adjudicate nationality

abroad pursuant to such regulations as the Secretary may

prescribe."

RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS

Pub. L. 103-236, title I, Sec. 132, Apr. 30, 1994, 108 Stat. 395,

as amended by Pub. L. 103-415, Sec. 1(r), Oct. 25, 1994, 108 Stat.

4302, provided that: "For purposes of the registration of birth or

certification of nationality or issuance of a passport of a United

States citizen born in Taiwan, the Secretary of State shall permit

the place of birth to be recorded as Taiwan."

-End-

-CITE-

22 USC Sec. 2706 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2706. Reprograming of funds; notice requirements

-STATUTE-

(a) In general

Unless the Committee on International Relations and the Committee

on Appropriations of the House of Representatives and the Committee

on Foreign Relations and the Committee on Appropriations of the

Senate are notified fifteen days in advance of the proposed

reprograming, funds appropriated for the Department of State shall

not be available for obligation or expenditure through any

reprograming of funds -

(1) which creates new programs;

(2) which eliminates a program, project, or activity;

(3) which increases funds or personnel by any means for any

project or activity for which funds have been denied or

restricted by the Congress;

(4) which relocates an office or employees;

(5) which reorganizes offices, programs, or activities;

(6) which involves contracting out functions which had been

performed by Federal employees; or

(7) which involves a reprograming in excess of $1,000,000 or 10

per centum, whichever is less, and which (A) augments existing

programs, projects, or activities, (B) reduces by 10 per centum

or more the funding for any existing program, project, activity,

or personnel approved by the Congress, or (C) results from any

general savings from a reduction in personnel which would result

in a change in existing programs, activities, or projects

approved by the Congress.

(b) Final 15 days in which funds available

Funds appropriated for the Department of State may not be

available for obligation or expenditure through any reprogramming

described in subsection (a) of this section during the period which

is the last 15 days in which such funds are available unless notice

of such reprogramming is made before such period.

(c) Waiver

The Secretary of State may waive the notification requirement of

subsection (a) of this section, if the Secretary determines that

failure to do so would pose a substantial risk to human health or

welfare. In the case of any waiver under this subsection,

notification to the Committee on Foreign Relations and the

Committee on Appropriations of the Senate and the Committee on

International Relations and the Committee on Appropriations of the

House of Representatives shall be provided as soon as practicable,

but not later than 3 days after taking the action to which the

notification requirement was applicable, and shall contain an

explanation of the emergency circumstances.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 34, as added Pub. L. 98-164,

title I, Sec. 123, Nov. 22, 1983, 97 Stat. 1025; amended Pub. L.

100-204, title I, Sec. 121, Dec. 22, 1987, 101 Stat. 1339; Pub. L.

102-138, title I, Sec. 117(b), Oct. 28, 1991, 105 Stat. 657; Pub.

L. 103-236, title I, Sec. 122(c), Apr. 30, 1994, 108 Stat. 392;

Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2243, Oct. 21,

1998, 112 Stat. 2681-823.)

-MISC1-

PRIOR PROVISIONS

A prior section 34 of act Aug. 1, 1956, was renumbered sections

35 and 36 by sections 123 and 124 of Pub. L. 98-164, and

subsequently renumbered, and set out as a Short Title of 1956

Amendment note under section 2651 of this title, prior to repeal by

Pub. L. 102-138, title I, Sec. 111(1), Oct. 28, 1991, 105 Stat.

654.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 2243(1), in

introductory provisions, substituted "International Relations and

the Committee on Appropriations" for "Foreign Affairs" and inserted

"and the Committee on Appropriations" after "Foreign Relations".

Subsec. (c). Pub. L. 105-277, Sec. 2243(2), added subsec. (c).

1994 - Subsec. (a)(7). Pub. L. 103-236 substituted "$1,000,000"

for "$500,000".

1991 - Subsec. (a)(7). Pub. L. 102-138 substituted "$500,000" for

"$250,000".

1987 - Pub. L. 100-204 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287b, 2684a, 2696, 2710,

2720, 4855, 6612 of this title.

-End-

-CITE-

22 USC Sec. 2707 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2707. International communications and information policy;

duties of Secretary of State

-STATUTE-

(a) Repealed. Pub. L. 103-236, title I, Sec. 162(k)(1)(A), Apr.

30, 1994, 108 Stat. 408.

(b) 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 -

(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;

(2) maintain continuing liaison with other executive branch

agencies concerned with international communications and

information policy and with the Federal Communications

Commission, as appropriate;

(3) in accordance with such authority as may be delegated by

the President pursuant to Executive order, supervise and

coordinate the activities of any senior interagency policymaking

group on international telecommunications and information policy

and chair such interagency meetings as may be necessary to

coordinate actions on pending issues;; (!1)

(4) coordinate the activities of, and assist as appropriate,

interagency working level task forces and committees concerned

with specific aspects of international communications and

information policy;

(5) maintain liaison with the members and staffs of committees

of the Congress concerned with international communications and

information policy and provide testimony before such committees;

(6) maintain appropriate liaison with representatives of the

private sector to keep informed of their interests and problems,

meet with them, and provide such assistance as may be needed to

ensure that matters of concern to the private sector are promptly

considered by the Department or other executive branch agencies;

and

(7) assist in arranging meetings of such public sector advisory

groups as may be established to advise the Department of State

and other executive branch agencies in connection with

international communications and information policy issues.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 35, as added Pub. L. 98-164,

title I, Sec. 124, Nov. 22, 1983, 97 Stat. 1025; amended Pub. L.

100-204, title I, Sec. 173(a)(1), Dec. 22, 1987, 101 Stat. 1360;

Pub. L. 103-236, title I, Sec. 162(k)(1), Apr. 30, 1994, 108 Stat.

408.)

-MISC1-

PRIOR PROVISIONS

A prior section 35 of act Aug. 1, 1956, was renumbered section 36

by section 124 of Pub. L. 98-164, and subsequently renumbered, and

set out as a Short Title of 1956 Amendment note under section 2651

of this title, prior to repeal by Pub. L. 102-138, title I, Sec.

111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236, Sec. 162(k)(1)(A), struck

out subsec. (a) which read as follows: "The Secretary of State

shall assign responsibility for international communications and

information policy matters within the Department of State to an

appropriate Under Secretary of State (hereafter in this section

referred to as the 'Under Secretary')."

Subsec. (b). Pub. L. 103-236, Sec. 162(k)(1)(B)(i), inserted

introductory provisions and struck out former introductory

provisions which read as follows: "The Secretary of State shall

establish, within the Department of State, an Office of the

Coordinator for International Communications and Information

Policy, headed by a Coordinator who shall be responsible to the

Under Secretary. The Coordinator shall be appointed by the

President, by and with the advice and consent of the Senate, and

shall have the rank of ambassador. The Coordinator shall be

compensated at the annual rate of pay for positions authorized by

section 5315 of title 5. The Coordinator shall be responsible, on

behalf of the Under Secretary, for formulation, coordination, and

oversight of international communications and information policy

assigned to the Under Secretary. On behalf of the Under

Secretary, the Coordinator shall - ".

Subsec. (b)(1). Pub. L. 103-236, Sec. 162(k)(1)(B)(iv), added

par. (1). Former par. (1) redesignated (2).

Subsec. (b)(2). Pub. L. 103-236, Sec. 162(k)(1)(B)(ii), (iii),

(v), redesignated par. (1) as (2), struck out "with the bureaus and

offices of the Department of State and" after "continuing liaison",

inserted "and with the Federal Communications Commission, as

appropriate" before semicolon, and struck out former par. (2) which

read as follows: "in accordance with such authority as may be

delegated by the President pursuant to Executive order, chair such

agency and interagency meetings as may be necessary to coordinate

actions on pending issues to ensure proper policy coordination;".

Subsec. (b)(3). Pub. L. 103-236, Sec. 162(k)(1)(B)(vi),

substituted "any senior interagency policymaking group on

international telecommunications and information policy and chair

such interagency meetings as may be necessary to coordinate actions

on pending issues;" for "the Senior Interagency Group on

International Communications and Information Policy".

1987 - Subsec. (b). Pub. L. 100-204 inserted after second

sentence "The Coordinator shall be compensated at the annual rate

of pay for positions authorized by section 5315 of title 5."

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

Section 173(b) of Pub. L. 100-204 provided that: "The amendments

made by subsection (a) [amending this section and section 4303 of

this title] shall take effect 30 days after the date of enactment

of this Act [Dec. 22, 1987]."

EFFECT OF 1994 AMENDMENTS ON SCOPE OF AUTHORITY VESTED AS OF APRIL

30, 1994

Section 162(k)(2) of Pub. L. 103-236 provided that: "Nothing in

the amendments made by paragraph (1) [amending this section]

affects the nature or scope of the authority that is on the date of

enactment of this Act [Apr. 30, 1994] 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."

NEW SPENDING AUTHORITY

Section 173(c) of Pub. L. 100-204 provided that: "Any new

spending authority (as defined in section 401(c) of the

Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided by

this section [amending sections 2707 and 4303 of this title] shall

be effective for any fiscal year only to such extent or in such

amounts as are provided in advance in appropriation Acts."

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC Sec. 2708 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2708. Department of State rewards program

-STATUTE-

(a) Establishment

(1) In general

There is established a program for the payment of rewards to

carry out the purposes of this section.

(2) Purpose

The rewards program shall be designed to assist in the

prevention of acts of international terrorism, international

narcotics trafficking, and other related criminal acts.

(3) Implementation

The rewards program shall be administered by the Secretary of

State, in consultation, as appropriate, with the Attorney

General.

(b) Rewards authorized

In the sole discretion of the Secretary (except as provided in

subsection (c)(2) of this section) and in consultation, as

appropriate, with the Attorney General, the Secretary may pay a

reward to any individual who furnishes information leading to -

(1) the arrest or conviction in any country of any individual

for the commission of an act of international terrorism against a

United States person or United States property;

(2) the arrest or conviction in any country of any individual

conspiring or attempting to commit an act of international

terrorism against a United States person or United States

property;

(3) the arrest or conviction in any country of any individual

for committing, primarily outside the territorial jurisdiction of

the United States, any narcotics-related offense if that offense

involves or is a significant part of conduct that involves -

(A) a violation of United States narcotics laws such that the

individual would be a major violator of such laws;

(B) the killing or kidnapping of -

(i) any officer, employee, or contract employee of the

United States Government while such individual is engaged in

official duties, or on account of that individual's official

duties, in connection with the enforcement of United States

narcotics laws or the implementing of United States narcotics

control objectives; or

(ii) a member of the immediate family of any such

individual on account of that individual's official duties,

in connection with the enforcement of United States narcotics

laws or the implementing of United States narcotics control

objectives; or

(C) an attempt or conspiracy to commit any act described in

subparagraph (A) or (B);

(4) the arrest or conviction in any country of any individual

aiding or abetting in the commission of an act described in

paragraph (1), (2), or (3);

(5) the prevention, frustration, or favorable resolution of an

act described in paragraph (1), (2), or (3), including by

dismantling an organization in whole or significant part; or

(6) the identification or location of an individual who holds a

key leadership position in a terrorist organization.

(c) Coordination

(1) Procedures

To ensure that the payment of rewards pursuant to this section

does not duplicate or interfere with the payment of informants or

the obtaining of evidence or information, as authorized to the

Department of Justice, the offering, administration, and payment

of rewards under this section, including procedures for -

(A) identifying individuals, organizations, and offenses with

respect to which rewards will be offered;

(B) the publication of rewards;

(C) the offering of joint rewards with foreign governments;

(D) the receipt and analysis of data; and

(E) the payment and approval of payment,

shall be governed by procedures developed by the Secretary of

State, in consultation with the Attorney General.

(2) Prior approval of Attorney General required

Before making a reward under this section in a matter over

which there is Federal criminal jurisdiction, the Secretary of

State shall obtain the concurrence of the Attorney General.

(d) Funding

(1) Authorization of appropriations

Notwithstanding section 102 of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93;

99 Stat. 408), but subject to paragraph (2), there are authorized

to be appropriated to the Department of State from time to time

such amounts as may be necessary to carry out this section.

(2) Period of availability

Amounts appropriated under paragraph (1) shall remain available

until expended.

(e) Limitations and certification

(1) Maximum amount

No reward paid under this section may exceed $5,000,000, except

as personally authorized by the Secretary of State if he

determines that offer or payment of an award of a larger amount

is necessary to combat terrorism or defend the Nation against

terrorist acts.. (!1)

(2) Approval

A reward under this section of more than $100,000 may not be

made without the approval of the Secretary.

(3) Certification for payment

Any reward granted under this section shall be approved and

certified for payment by the Secretary.

(4) Nondelegation of authority

The authority to approve rewards of more than $100,000 set

forth in paragraph (2) may not be delegated.

(5) Protection measures

If the Secretary determines that the identity of the recipient

of a reward or of the members of the recipient's immediate family

must be protected, the Secretary may take such measures in

connection with the payment of the reward as he considers

necessary to effect such protection.

(f) Ineligibility

An officer or employee of any entity of Federal, State, or local

government or of a foreign government who, while in the performance

of his or her official duties, furnishes information described in

subsection (b) of this section shall not be eligible for a reward

under this section.

(g) Reports

(1) Reports on payment of rewards

Not later than 30 days after the payment of any reward under

this section, the Secretary shall submit a report to the

appropriate congressional committees with respect to such reward.

The report, which may be submitted in classified form if

necessary, shall specify the amount of the reward paid, to whom

the reward was paid, and the acts with respect to which the

reward was paid. The report shall also discuss the significance

of the information for which the reward was paid in dealing with

those acts.

(2) Annual reports

Not later than 60 days after the end of each fiscal year, the

Secretary shall submit a report to the appropriate congressional

committees with respect to the operation of the rewards program.

The report shall provide information on the total amounts

expended during the fiscal year ending in that year to carry out

this section, including amounts expended to publicize the

availability of rewards.

(h) Publication regarding rewards offered by foreign governments

Notwithstanding any other provision of this section, in the sole

discretion of the Secretary, the resources of the rewards program

shall be available for the publication of rewards offered by

foreign governments regarding acts of international terrorism which

do not involve United States persons or property or a violation of

the narcotics laws of the United States.

(i) Determinations of Secretary

A determination made by the Secretary under this section shall be

final and conclusive and shall not be subject to judicial review.

(j) Definitions

As used in this section:

(1) Act of international terrorism

The term "act of international terrorism" includes -

(A) any act substantially contributing to the acquisition of

unsafeguarded special nuclear material (as defined in paragraph

(8) of section 6305 of this title) or any nuclear explosive

device (as defined in paragraph (4) of that section) by an

individual, group, or non-nuclear-weapon state (as defined in

paragraph (5) of that section); and

(B) any act, as determined by the Secretary, which materially

supports the conduct of international terrorism, including the

counterfeiting of United States currency or the illegal use of

other monetary instruments by an individual, group, or country

supporting international terrorism as determined for purposes

of section 2405(j)(1)(A) of title 50, Appendix.

(2) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate.

(3) Member of the immediate family

The term "member of the immediate family", with respect to an

individual, includes -

(A) a spouse, parent, brother, sister, or child of the

individual;

(B) a person with respect to whom the individual stands in

loco parentis; and

(C) any person not covered by subparagraph (A) or (B) who is

living in the individual's household and is related to the

individual by blood or marriage.

(4) Rewards program

The term "rewards program" means the program established in

subsection (a)(1) of this section.

(5) United States narcotics laws

The term "United States narcotics laws" means the laws of the

United States for the prevention and control of illicit

trafficking in controlled substances (as such term is defined in

section 802(6) of title 21).

(6) United States person

The term "United States person" means -

(A) a citizen or national of the United States; and

(B) an alien lawfully present in the United States.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 36, as added Pub. L. 98-533,

title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2708; amended Pub. L.

99-399, title V, Sec. 502, Aug. 27, 1986, 100 Stat. 869; Pub. L.

100-690, title IV, Sec. 4602, Nov. 18, 1988, 102 Stat. 4287; Pub.

L. 101-231, Sec. 13(a), Dec. 13, 1989, 103 Stat. 1963; Pub. L.

101-246, title X, Sec. 1001, Feb. 16, 1990, 104 Stat. 86; Pub. L.

103-236, title I, Sec. 133(a)(1), title VIII, Sec. 827, Apr. 30,

1994, 108 Stat. 395, 519; Pub. L. 104-134, title I, Sec. 101[(a)]

[title IV, Sec. 406], Apr. 26, 1996, 110 Stat. 1321, 1321-45;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec.

2202, Oct. 21, 1998, 112 Stat. 2681-805; Pub. L. 105-323, title I,

Sec. 101, Oct. 30, 1998, 112 Stat. 3029; Pub. L. 107-56, title V,

Sec. 502, Oct. 26, 2001, 115 Stat. 364.)

-REFTEXT-

REFERENCES IN TEXT

Section 102 of the Foreign Relations Authorization Act, Fiscal

Years 1986 and 1987, referred to in subsec. (d)(1), is section 102

of Pub. L. 99-93, title I, Aug. 16, 1985, 99 Stat. 408, which is

not classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 36 of act Aug. 1, 1956, was renumbered section 37

by section 102 of Pub. L. 98-533, and subsequently renumbered, and

set out as a Short Title of 1956 Amendment note under section 2651

of this title, prior to repeal by Pub. L. 102-138, title I, Sec.

111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

2001 - Subsec. (b)(4). Pub. L. 107-56, Sec. 502(1)(A), struck out

"or" at end.

Subsec. (b)(5). Pub. L. 107-56, Sec. 502(1)(B), substituted ",

including by dismantling an organization in whole or significant

part; or" for period at end.

Subsec. (b)(6). Pub. L. 107-56, Sec. 502(1)(C), added par. (6).

Subsec. (d)(2) to (4). Pub. L. 107-56, Sec. 502(2), redesignated

par. (4) as (2) and struck out former pars. (2) and (3) which read

as follows:

"(2) Limitation. - No amount of funds may be appropriated under

paragraph (1) which, when added to the unobligated balance of

amounts previously appropriated to carry out this section, would

cause such amounts to exceed $15,000,000.

"(3) Allocation of funds. - To the maximum extent practicable,

funds made available to carry out this section should be

distributed equally for the purpose of preventing acts of

international terrorism and for the purpose of preventing

international narcotics trafficking."

Subsec. (e)(1). Pub. L. 107-56, Sec. 502(3), inserted ", except

as personally authorized by the Secretary of State if he determines

that offer or payment of an award of a larger amount is necessary

to combat terrorism or defend the Nation against terrorist acts."

after "$5,000,000".

1998 - Pub. L. 105-323 generally amended section substantially

similar to general amendment by Pub. L. 105-277, except that the

maximum reward in subsec. (e)(1) was increased from $2,000,000 to

$5,000,000.

Pub. L. 105-277 generally amended section revising and restating

provisions relating to Department of State program authorizing

rewards for information relating to arrests or convictions with

respect to international terrorism or drug trafficking.

1996 - Subsec. (a)(1). Pub. L. 104-134 which directed

substitution of "shall establish and publicize a program under

which rewards may be paid" for "may pay a reward" in section

36(a)(1) of the State Department Authorities Act of 1956 was

executed to subsec. (a)(1) of this section, section 36(a)(1) of the

State Department Basic Authorities Act of 1956, to reflect the

probable intent of Congress.

1994 - Subsec. (a). Pub. L. 103-236, Sec. 827, designated

existing provisions as par. (1), redesignated former pars. (1) to

(3) as subpars. (A) to (C), respectively, and added par. (2).

Pub. L. 103-236, Sec. 133(a)(1), struck out "and is primarily

outside the territorial jurisdiction of the United States" after

"United States property" in concluding provisions.

1990 - Subsec. (c). Pub. L. 101-246, which directed amendment of

subsec. (c) by substituting "$2,000,000" for "$500,000", could not

be executed because "$500,000" did not appear after execution of

the amendment by Pub. L. 101-231. See 1989 Amendment note below.

1989 - Subsec. (c). Pub. L. 101-231 substituted "$2,000,000" for

"$500,000".

1988 - Subsec. (g). Pub. L. 100-690 amended second sentence

generally. Prior to amendment, second sentence read as follows: "In

addition to the amount authorized by the preceding sentence, there

are authorized to be appropriated $10,000,000 for fiscal year 1987

for 'Administration of Foreign Affairs' for use in paying rewards

under this section, up to $5,000,000 of which may be used for

rewards for information described in subsection (b)(1) of this

section."

1986 - Subsecs. (b), (c). Pub. L. 99-399, Sec. 502(a), added

subsec. (b) and redesignated former subsec. (b) as (c). Former

subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 99-399, Sec. 502(a)(1), (c)(1), redesignated

former subsec. (c) as (d), and substituted "subsection (a) of this

section" for "this section". Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 99-399, Sec. 502(a)(1), redesignated former

subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 99-399, Sec. 502(a)(1), (c)(2), redesignated

former subsec. (e) as (f), and inserted "or (b)". Former subsec.

(f) redesignated (g).

Subsec. (g). Pub. L. 99-399, Sec. 502(a)(1), (b), redesignated

former subsec. (f) as (g), and inserted provision authorizing up to

$2,000,000 for rewards for information described in subsec. (b)(1)

of this section and appropriating $10,000,000 for fiscal year 1987,

of which up to $5,000,000 may be used for rewards for information

described in subsec. (b)(1) of this section.

Subsecs. (h), (i). Pub. L. 99-399, Sec. 502(d), added subsecs.

(h) and (i).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 827 of Pub. L. 103-236 effective 60 days

after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set out as

an Effective Date note under section 6301 of this title.

REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR SERIOUS

VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW RELATING TO FORMER

YUGOSLAVIA OR RWANDA

Pub. L. 105-323, title I, Sec. 102, Oct. 30, 1998, 112 Stat.

3032, as amended by Pub. L. 106-277, Sec. 1, Oct. 2, 2000, 114

Stat. 813; Pub. L. 107-228, div. A, title VI, Sec. 697(d), Sept.

30, 2002, 116 Stat. 1418, provided that:

"(a) Authority. - In the sole discretion of the Secretary of

State (except as provided in subsection (b)(2)) and in

consultation, as appropriate, with the Attorney General, the

Secretary may pay a reward to any individual who furnishes

information leading to -

"(1) the arrest or conviction in any country; or

"(2) the transfer to, or conviction by, the Special Court of

Sierra Leone[,] the International Criminal Tribunal for the

Former Yugoslavia or the International Criminal Tribunal for

Rwanda,

of any individual who is the subject of an indictment confirmed by

a judge of such tribunal for serious violations of international

humanitarian law as defined under the statute of such tribunal.

"(b) Procedures. -

"(1) To ensure that the payment of rewards pursuant to this

section does not duplicate or interfere with the payment of

informants or the obtaining of evidence or information, as

authorized to the Department of Justice, subject to paragraph

(3), the offering, administration, and payment of rewards under

this section, including procedures for -

"(A) identifying individuals, organizations, and offenses

with respect to which rewards will be offered;

"(B) the publication of rewards;

"(C) the offering of joint rewards with foreign governments;

"(D) the receipt and analysis of data; and

"(E) the payment and approval of payment,

shall be governed by procedures developed by the Secretary of

State, in consultation with the Attorney General.

"(2) Before making a reward under this section in a matter over

which there is Federal criminal jurisdiction, the Secretary of

State shall obtain the concurrence of the Attorney General.

"(3) Rewards under this section shall be subject to any

requirements or limitations that apply to rewards under section

36 of the State Department Basic Authorities Act of 1956 (22

U.S.C. 2708) with respect to the ineligibility of government

employees for rewards, maximum reward amount, and procedures for

the approval and certification of rewards for payment.

"(c) Reference. - (1) For the purposes of subsection (a), the

statute of the International Criminal Tribunal for the Former

Yugoslavia means the Annex to the Report of the Secretary General

of the United Nations pursuant to paragraph 2 of Security Council

Resolution 827 (1993) (S/25704).

"(2) For the purposes of subsection (a), the statute of the

International Criminal Tribunal for Rwanda means the statute

contained in the annex to Security Council Resolution 955 of

November 8, 1994.

"(3) For the purposes of subsection (a), the Statute of the

Special Court for Sierra Leone means the Statute contained in the

Annex to the Agreement Between the United Nations and the

Government of Sierra Leone on the Establishment of a Special Court

for Sierra Leone.

"(d) Determination of the Secretary. - A determination made by

the Secretary of State under this section shall be final and

conclusive and shall not be subject to judicial review.

"(e) Priority. - Rewards under this section may be paid from

funds authorized to carry out section 36 of the State Department

Basic Authorities Act of 1956 [22 U.S.C. 2708]. In the

Administration and payment of rewards under the rewards program of

section 36 of the State Department Basic Authorities Act of 1956,

the Secretary of State shall ensure that priority is given for

payments to individuals described in section 36 of that Act and

that funds paid under this section are paid only after any and all

due and payable demands are met under section 36 of that Act.

"(f) Reports. - The Secretary shall inform the appropriate

committees of rewards paid under this section in the same manner as

required by section 36(g) of the State Department Basic Authorities

Act of 1956."

AVOIDING DUPLICATIVE AMENDMENTS

Section 13(b) of Pub. L. 101-231 provided that: "If the Foreign

Relations Authorization Act, Fiscal Years 1990 and 1991 [Pub. L.

101-246, Feb. 16, 1990, 104 Stat. 87], is enacted before this Act

[Dec. 13, 1989], and that Act makes the same amendment as is

described in subsection (a) [amending this section], then

subsection (a) shall not take effect. If, however, this Act is

enacted before the Foreign Relations Authorization Act, Fiscal

Years 1990 and 1991, and that Act would make the same amendment as

is made by subsection (a), then that amendment as proposed to be

made by that Act shall not take effect."

REWARDS FOR INTERNATIONAL TERRORISTS

Section 501 of Pub. L. 99-399 provided that: "It is the sense of

the Congress that the Secretary of State should more vigorously

utilize the moneys available under section 36(a) of the State

Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a);

relating to rewards for information on international terrorism) to

more effectively apprehend and prosecute international terrorists.

It is further the sense of the Congress that the Secretary of State

should consider widely publicizing the sizable rewards available

under present law so that major international terrorist figures may

be brought to justice."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4802, 5512 of this title;

title 8 sections 1101, 1255; title 18 section 3076.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC Sec. 2708a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2708a. Award of Thomas Jefferson Star for Foreign Service

-STATUTE-

(a) Authority to award

The President, upon the recommendation of the Secretary, may

award a Thomas Jefferson Star for Foreign Service to any member of

the Foreign Service or any other civilian employee of the

Government of the United States who, while employed at, or assigned

permanently or temporarily to, an official mission overseas or

while traveling abroad on official business, incurred a wound or

other injury or an illness (whether or not the wound, other injury,

or illness resulted in death) -

(1) as the person was performing official duties;

(2) as the person was on the premises of a United States

mission abroad; or

(3) by reason of the person's status as a United States

Government employee.

(b) Selection criteria

The Secretary shall prescribe the procedures for identifying and

considering persons eligible for award of a Thomas Jefferson Star

for Foreign Service and for selecting the persons to be recommended

for the award.

(c) Award in the event of death

If a person selected for award of a Thomas Jefferson Star for

Foreign Service dies before being presented the award, the award

may be made and the star presented to the person's family or to the

person's representative, as designated by the President.

(d) Form of award

The Secretary shall prescribe the design of the Thomas Jefferson

Star for Foreign Service. The award may not include a stipend or

any other cash payment.

(e) Funding

Any expenses incurred in awarding a person a Thomas Jefferson

Star for Foreign Service may be paid out of appropriations

available at the time of the award for personnel of the department

or agency of the United States Government in which the person was

employed when the person incurred the wound, injury, or illness

upon which the award is based.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 36A, as added Pub. L.

106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 321],

Nov. 29, 1999, 113 Stat. 1536, 1501A-436; amended Pub. L. 107-228,

div. A, title III, Sec. 311, Sept. 30, 2002, 116 Stat. 1377.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-228 substituted "Thomas Jefferson Star for

Foreign Service" for "Foreign Service star" in section catchline

and wherever appearing in text.

-End-

-CITE-

22 USC Sec. 2709 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2709. Special agents

-STATUTE-

(a) General authority

Under such regulations as the Secretary of State may prescribe,

special agents of the Department of State and the Foreign Service

may -

(1) conduct investigations concerning illegal passport or visa

issuance or use;

(2) obtain and execute search and arrest warrants, as well as

obtain and serve subpoenas and summonses issued under the

authority of the United States;

(3) protect and perform protective functions directly related

to maintaining the security and safety of -

(A) heads of a foreign state, official representatives of a

foreign government, and other distinguished visitors to the

United States, while in the United States;

(B) the Secretary of State, Deputy Secretary of State, and

official representatives of the United States Government, in

the United States or abroad;

(C) members of the immediate family of persons described in

subparagraph (A) or (B);

(D) foreign missions (as defined in section 4302(a)(4) (!1)

of this title) and international organizations (as defined in

section 4309(b) of this title), within the United States;

(E) a departing Secretary of State for a period of up to 180

days after the date of termination of that individual's

incumbency as Secretary of State, on the basis of a threat

assessment; and

(F) an individual who has been designated by the President or

President-elect to serve as Secretary of State, prior to that

individual's appointment.(!2)

(4) if designated by the Secretary and qualified, under

regulations approved by the Attorney General, for the use of

firearms, carry firearms for the purpose of performing the duties

authorized by this section; and

(5) make arrests without warrant for any offense against the

United States committed in their presence, or for any felony

cognizable under the laws of the United States if they have

reasonable grounds to believe that the person to be arrested has

committed or is committing such felony.

(b) Agreements with Attorney General and Secretary of the Treasury

and firearms regulations

(1) Agreement with Attorney General

The authority conferred by paragraphs (1) and (4) of subsection

(a) of this section shall be exercised subject to an agreement

between the Secretary and the Attorney General.

(2) Agreement with Attorney General and Secretary of the Treasury

The authority conferred by paragraphs (2) and (5) of subsection

(a) of this section shall be exercised subject to an agreement

among the Secretary, the Attorney General, and the Secretary of

the Treasury.

(3) Firearms regulations

The Secretary of State shall prescribe regulations, which shall

be approved by the Attorney General, with respect to the carrying

and use of firearms by special agents under this section.

(c) Secret Service not affected

Nothing in subsection (a)(3) of this section shall be construed

to preclude or limit in any way the authority of the United States

Secret Service to provide protective services pursuant to section

202 of title 3 or section 3056 of title 18 at a level commensurate

with protective requirements as determined by the United States

Secret Service. The Secretary of State, the Attorney General, and

the Secretary of the Treasury shall enter into an interagency

agreement with respect to their law enforcement functions.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 37, as added Pub. L. 99-93,

title I, Sec. 125(a), Aug. 16, 1985, 99 Stat. 415; amended Pub. L.

101-246, title I, Sec. 113, Feb. 16, 1990, 104 Stat. 22; Pub. L.

103-236, title I, Sec. 139(1), Apr. 30, 1994, 108 Stat. 397; Pub.

L. 106-553, Sec. 1(a)(2) [title IV, Sec. 406, formerly Sec. 407],

Dec. 21, 2000, 114 Stat. 2762, 2762A-97, renumbered Pub. L.

106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(5)], Dec. 21, 2000, 114

Stat. 2763, 2763A-180; Pub. L. 107-228, div. A, title II, Sec.

202(a), (b), Sept. 30, 2002, 116 Stat. 1362.)

-REFTEXT-

REFERENCES IN TEXT

Section 4302 of this title, referred to in subsec. (a)(3)(D), was

subsequently amended, and section 4302(a)(4) no longer defines the

term "foreign mission". However, such term is defined elsewhere in

that section.

-MISC1-

PRIOR PROVISIONS

A prior section 37 of act Aug. 1, 1956, was renumbered section 38

by section 125(a) of Pub. L. 99-93, and subsequently renumbered,

and was set out as a Short Title of 1956 Amendment note under

section 2651 of this title, prior to repeal by Pub. L. 102-138,

title I, Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-228, Sec. 202(a)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"for the purpose of conducting such investigations -

"(A) obtain and execute search and arrest warrants,

"(B) make arrests without warrant for any offense concerning

passport or visa issuance or use if the special agent has

reasonable grounds to believe that the person has committed or is

committing such offense, and

"(C) obtain and serve subpoenas and summonses issued under the

authority of the United States;".

Subsec. (a)(3)(F). Pub. L. 107-228, Sec. 202(a)(2), inserted "or

President-elect" after "President".

Subsec. (a)(5). Pub. L. 107-228, Sec. 202(a)(3), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "arrest

without warrant any person for a violation of section 111, 112,

351, 970, or 1028 of title 18 -

"(A) in the case of a felony violation, if the special agent

has reasonable grounds to believe that such person -

"(i) has committed or is committing such violation; and

"(ii) is in or is fleeing from the immediate area of such

violation; and

"(B) in the case of a felony or misdemeanor violation, if the

violation is committed in the presence of the special agent."

Subsec. (b). Pub. L. 107-228, Sec. 202(b), substituted

"Agreements with Attorney General and Secretary of the Treasury and

firearms regulations" for "Agreement with Attorney General and

firearms regulations" in heading, added pars. (1) and (2), struck

out former par. (1), which related to agreement with the Attorney

General, and redesignated former par. (2) as (3).

2000 - Subsec. (a)(3)(E), (F). Pub. L. 106-553, as renumbered by

Pub. L. 106-554, added subpars. (E) and (F).

1994 - Subsec. (d). Pub. L. 103-236 struck out subsec. (d) which

read as follows: "The Secretary of State shall transmit the

regulations prescribed under this section to the Committee on

Foreign Affairs and the Committee on the Judiciary of the House of

Representatives and the Committee on Foreign Relations of the

Senate not less than 20 days before the date on which such

regulations take effect."

1990 - Subsec. (a)(2). Pub. L. 101-246, Sec. 113(1), added

subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (a)(5). Pub. L. 101-246, Sec. 113(2), amended

introductory provisions generally, substituting "970, or 1028" for

"911, 970, 1001, 1028, 1541, 1542, 1543, 1544, 1545, or 1546".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

IMPLEMENTATION OF SEARCH, SEIZURE, SERVICE, AND ARREST AUTHORITY

Pub. L. 107-228, div. A, title II, Sec. 202(c), Sept. 30, 2002,

116 Stat. 1362, provided that:

"(1) The authority conferred by paragraphs (2) and (5) of section

37(a) of the State Department Basic Authorities Act of 1956 [22

U.S.C. 2709(a)(2), (5)], as amended by subsection (a), may not be

exercised until the date on which the Secretary -

"(A) submits the agreement required by subsection (b)(2) of

section 37 of such Act [22 U.S.C. 2709(b)(2)] to the appropriate

congressional committees; and

"(B) publishes in the Federal Register a notice that the

agreement has been submitted in accordance with the requirements

of subparagraph (A).

"(2) The authority conferred by paragraphs (2) and (5) of

subsection (a) of section 37 of the State Department Basic

Authorities Act of 1956, as in effect on the day before the date of

the enactment of this Act [Sept. 30, 2002], may continue to be

exercised until the date on which the notice described in paragraph

(1)(B) is published in the Federal Register."

[For definitions of "Secretary" and "appropriate congressional

committees" as used in section 202(c) of Pub. L. 107-228, set out

above, see section 3 of Pub. L. 107-228, set out as a note under

section 2651 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4044 of this title; title

5 section 5542.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The period probably should be a semicolon.

-End-

-CITE-

22 USC Sec. 2710 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2710. Expenses relating to participation in arbitrations of

certain disputes

-STATUTE-

(a) International agreements

The Secretary of State may use funds available to the Secretary

for the expenses of United States participation in arbitrations and

other proceedings for the peaceful resolution of disputes under

treaties or other international agreements.

(b) Contracts abroad

The Secretary of State may use funds available to the Secretary

for the expenses of United States participation in arbitrations

arising under contracts authorized by law for the performance of

services or acquisition of property, real or personal, abroad.

(c) Procurement of services

The Secretary of State may use competitive procedures or

procedures other than competitive procedures to procure the

services of experts for use in preparing or prosecuting a

proceeding before an international tribunal or a claim by or

against a foreign government or other foreign entity, whether or

not the expert is expected to testify, or to procure personal and

other support services for such proceedings or claims. The

Secretary need not provide any written justification for the use of

procedures other than competitive procedures when procuring such

services under this subsection and need not furnish for publication

in the Commerce Business Daily or otherwise any notice of

solicitation or synopsis with respect to such procurement.

(d) International Litigation Fund

(1) Establishment

In order to provide the Department of State with a dependable,

flexible, and adequate source of funding for the expenses of the

Department related to preparing or prosecuting a proceeding

before an international tribunal, or a claim by or against a

foreign government or other foreign entity, there is established

an International Litigation Fund (hereafter in this subsection

referred to as the "ILF"). The ILF may be available without

fiscal year limitation. Funds otherwise available to the

Department for the purposes of this paragraph may be credited to

the ILF.

(2) Reprogramming procedures

Funds credited to the ILF shall be treated as a reprogramming

of funds under section 2706 of this title and shall not be

available for obligation or expenditure except in compliance with

the procedures applicable to such reprogrammings. This paragraph

shall not apply to the transfer of funds under paragraph (3).

(3) Transfers of funds

Funds received by the Department of State from another agency

of the United States Government or pursuant to the Department of

State Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661)

to meet costs of preparing or prosecuting a proceeding before an

international tribunal, or a claim by or against a foreign

government or other foreign entity, shall be credited to the ILF.

(4) Use of funds

Funds deposited in the ILF shall be available only for the

purposes of paragraph (1).

(e) Retention of funds

(1) In general

To reimburse the expenses of the United States Government in

preparing or prosecuting a proceeding before an international

tribunal, or a claim against a foreign government or other

foreign entity, the Secretary may retain 1.5 percent of any

amount between $100,000 and $5,000,000, and one percent of any

amount over $5,000,000, received per claim under section 2668a of

this title.

(2) Treatment

Amounts retained under the authority of paragraph (1) shall be

deposited into the fund under subsection (d) of this section.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 38, as added Pub. L. 99-93,

title I, Sec. 128, Aug. 16, 1985, 99 Stat. 419; amended Pub. L.

103-236, title I, Sec. 123, Apr. 30, 1994, 108 Stat. 392; Pub. L.

105-277, div. G, subdiv. B, title XXII, Sec. 2212(b), Oct. 21,

1998, 112 Stat. 2681-812; Pub. L. 107-228, div. A, title II, Sec.

203, Sept. 30, 2002, 116 Stat. 1362.)

-REFTEXT-

REFERENCES IN TEXT

The Department of State Appropriations Act of 1937, referred to

in subsec. (d)(3), probably means the Department of State

Appropriation Act, 1937, which is title I of act May 15, 1936, ch.

405, 49 Stat. 1309. Provisions relating to acceptance by the

Secretary of State of reimbursement for expenses incurred in

pursuing certain private claims against foreign governments were

added to that act by Pub. L. 100-204, title I, Sec. 142(b), Dec.

22, 1987, 101 Stat. 1350, and are classified to section 2661 of

this title.

Section 2668a of this title, referred to in subsec. (e)(1), was

in the original "chapter 34 of the Act of February 27, 1896 (22

U.S.C. 2668a; 29 Stat. 32)". Section 2668a of this title contains

the only provisions of the Act which are classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 38 of act Aug. 1, 1956, was renumbered section 39

by section 128 of Pub. L. 99-93, and subsequently renumbered, and

set out as a Short Title of 1956 Amendment note under section 2651

of this title, prior to repeal by Pub. L. 102-138, title I, Sec.

111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-228 added subsec. (e).

1998 - Subsec. (c). Pub. L. 105-277 inserted "personal and"

before "other support services" in first sentence.

1994 - Subsecs. (c), (d). Pub. L. 103-236 added subsecs. (c) and

(d).

-End-

-CITE-

22 USC Sec. 2711 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2711. Counterterrorism Protection Fund

-STATUTE-

(a) Authority

The Secretary of State may reimburse domestic and foreign

persons, agencies, or governments for the protection of judges or

other persons who provide assistance or information relating to

terrorist incidents primarily outside the territorial jurisdiction

of the United States. Before making a payment under this section in

a matter over which there is Federal criminal jurisdiction, the

Secretary shall advise and consult with the Attorney General.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary of State

for "Administration of Foreign Affairs" $1,000,000 for fiscal year

1986 and $1,000,000 for fiscal year 1987 for use in reimbursing

persons, agencies, or governments under this section.

(c) Designation of Fund

Amounts made available under this section may be referred to as

the "Counterterrorism Protection Fund".

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 39, as added Pub. L. 99-399,

title V, Sec. 504(2), Aug. 27, 1986, 100 Stat. 871.)

-MISC1-

PRIOR PROVISIONS

A prior section 39 of act Aug. 1, 1956, was renumbered section 40

by section 504(1) of Pub. L. 99-399, and subsequently renumbered,

and set out as a Short Title of 1956 Amendment note under section

2651 of this title, prior to repeal by Pub. L. 102-138, title I,

Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

-End-

-CITE-

22 USC Sec. 2712 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2712. Authority to control certain terrorism-related services

-STATUTE-

(a) Authority

The Secretary of State may, by regulation, impose controls on the

provision of the services described in subsection (b) of this

section if the Secretary determines that provision of such services

would aid and abet international terrorism.

(b) Services subject to control

The services subject to control under subsection (a) of this

section are the following:

(1) Serving in or with the security forces of a designated

foreign government.

(2) Providing training or other technical services having a

direct military, law enforcement, or intelligence application, to

or for the security forces of a designated foreign government.

Any regulations issued to impose controls on services described in

paragraph (2) shall list the specific types of training and other

services subject to the controls.

(c) Persons subject of controls

These services may be controlled under subsection (a) of this

section when they are provided within the United States by any

individual or entity and when they are provided anywhere in the

world by a United States person.

(d) Licenses

In carrying out subsection (a) of this section, the Secretary of

State may require licenses, which may be revoked, suspended, or

amended, without prior notice, whenever such action is deemed to be

advisable.

(e) Definitions

(1) Designated foreign government

As used in this section, the term "designated foreign

government" means a foreign government that the Secretary of

State has determined, for purposes of section 2405(j)(1) of title

50, Appendix, has repeatedly provided support for acts of

international terrorism.

(2) Security forces

As used in this section, the term "security forces" means any

military or paramilitary forces, any police or other law

enforcement agency (including any police or other law enforcement

agency at the regional or local level), and any intelligence

agency of a foreign government.

(3) United States

As used in this section, the term "United States" includes any

State, the District of Columbia, the Commonwealth of Puerto Rico,

the Commonwealth of the Northern Mariana Islands, and any

territory or possession of the United States.

(4) United States person

As used in this section, the term "United States person" means

any United States national, any permanent resident alien, and any

sole proprietorship, partnership, company, association, or

corporation organized under the laws of or having its principal

place of business within the United States.

(f) Violations

(1) Penalties

Whoever willfully violates any regulation issued under this

section shall be fined not more than $100,000 or five times the

total compensation received for the conduct which constitutes the

violation, whichever is greater, or imprisoned for not more than

ten years, or both, for each such offense.

(2) Investigations

The Attorney General and the Secretary of the Treasury shall

have authority to investigate violations of regulations issued

under this section.

(g) Congressional oversight

(1) Review of regulations

Not less than 30 days before issuing any regulations under this

section (including any amendments thereto), the Secretary of

State shall transmit the proposed regulations to the Congress.

(2) Reports

Not less than once every six months, the Secretary of State

shall report to the Congress concerning the number and character

of licenses granted and denied during the previous reporting

period, and such other information as the Secretary may find to

be relevant to the accomplishment of the objectives of this

section.

(h) Relationship to other laws

The authority granted by this section is in addition to the

authorities granted by any other provision of law.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 40, as added Pub. L. 99-399,

title V, Sec. 506(2), Aug. 27, 1986, 100 Stat. 871.)

-MISC1-

PRIOR PROVISIONS

A prior section 40 of act Aug. 1, 1956, was renumbered section 41

by section 506(1) of Pub. L. 99-399, and subsequently renumbered,

and set out as a Short Title of 1956 Amendment note under section

2651 of this title, prior to repeal by Pub. L. 102-138, title I,

Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

-End-

-CITE-

22 USC Sec. 2713 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2713. Protection of historic and artistic furnishings of

reception areas of the Harry S Truman Federal Building

-STATUTE-

(a) In general

The Secretary of State shall administer the historic and artistic

articles of furniture, fixtures, and decorative objects of the

reception areas of the Department of State by such means and

measures as conform to the purposes of the reception areas, which

include conserving those articles, fixtures, and objects and

providing for their enjoyment in such manner and by such means as

will leave them for the use of the American people. Nothing shall

be done under this subsection which conflicts with the

administration of the Department of State or with the use of the

reception areas for official purposes of the United States

Government.

(b) Disposition of historic and artistic items

(1) Items covered

Articles of furniture, fixtures, and decorative objects of the

reception areas (and similar articles, fixtures, and objects

acquired by the Secretary of State), when declared by the

Secretary of State to be of historic or artistic interest, shall

thereafter be considered to be the property of the Secretary in

his or her official capacity and shall be subject to disposition

solely in accordance with this subsection.

(2) Sale or trade

Whenever the Secretary of State determines that -

(A) any item covered by paragraph (1) is no longer needed for

use or display in the reception areas, or

(B) in order to upgrade the reception areas, a better use of

that article would be its sale or exchange,

the Secretary may, with the advice and concurrence of the

Director of the National Gallery of Art, sell the item at fair

market value or trade it, without regard to the requirements of

the Federal Property and Administrative Services Act of 1949.(!1)

The proceeds of any such sale may be credited to the

unconditional gift account of the Department of State, and items

obtained in trade shall be the property of the Secretary of State

under this subsection.

(3) Smithsonian Institution

The Secretary of State may also lend items covered by paragraph

(1), when not needed for use or display in the reception areas,

to the Smithsonian Institution or a similar institution for care,

repair, study, storage, or exhibition.

(c) "Reception areas" defined

For purposes of this section, the term "reception areas" means

the areas of the Harry S Truman Federal Building, located at 2201 C

Street, Northwest, Washington, District of Columbia, known as the

Diplomatic Reception Rooms (eighth floor), the Secretary of State's

offices (seventh floor), the Deputy Secretary of State's offices

(seventh floor), and the seventh floor reception area.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 41, as added Pub. L. 100-204,

title I, Sec. 126(a)(2), Dec. 22, 1987, 101 Stat. 1341; amended

Pub. L. 106-218, Sec. 2, June 20, 2000, 114 Stat. 345.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(2), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

PRIOR PROVISIONS

A prior section 41 of act Aug. 1, 1956, was renumbered section 42

by section 126(a)(1) of Pub. L. 100-204, and subsequently

renumbered, and set out as a Short Title of 1956 Amendment note

under section 2651 of this title, prior to repeal by Pub. L.

102-138, title I, Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

2000 - Pub. L. 106-218 substituted "Harry S Truman Federal

Building" for "Department of State Building" in section catchline

and in subsec. (c).

DESIGNATION OF DEPARTMENT OF STATE BUILDING AS HARRY S TRUMAN

FEDERAL BUILDING

Pub. L. 106-218, June 20, 2000, 114 Stat. 345, provided that:

"SECTION 1. DESIGNATION.

"The Federal building located at 2201 C Street, Northwest, in the

District of Columbia, currently headquarters for the Department of

State, shall be known and designated as the 'Harry S Truman Federal

Building'.

"SEC. 2. REFERENCES.

"Any reference in a law, map, regulation, document, paper, or

other record of the United States to the Federal building referred

to in section 1 shall be deemed to be a reference to the 'Harry S

Truman Federal Building'."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2714 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2714. Denial of passports to certain convicted drug

traffickers

-STATUTE-

(a) Ineligibility for passport

(1) In general

A passport may not be issued to an individual who is convicted

of an offense described in subsection (b) of this section during

the period described in subsection (c) of this section if the

individual used a passport or otherwise crossed an international

border in committing the offense.

(2) Passport revocation

The Secretary of State shall revoke a passport previously

issued to an individual who is ineligible to receive a passport

under paragraph (1).

(b) Drug law offenses

(1) Felonies

Subsection (a) of this section applies with respect to any

individual convicted of a Federal drug offense, or a State drug

offense, if the offense is a felony.

(2) Certain misdemeanors

Subsection (a) of this section also applies with respect to an

individual convicted of a Federal drug offense, or a State drug

offense, if the offense is (!1) misdemeanor, but only if the

Secretary of State determines that subsection (a) of this section

should apply with respect to that individual on account of that

offense. This paragraph does not apply to an individual's first

conviction for a misdemeanor which involves only possession of a

controlled substance.

(c) Period of ineligibility

Subsection (a) of this section applies during the period that the

individual -

(1) is imprisoned, or is legally required to be imprisoned, as

the result of the conviction for the offense described in

subsection (b) of this section; or

(2) is on parole or other supervised release after having been

imprisoned as the result of that conviction.

(d) Emergency and humanitarian exceptions

Notwithstanding subsection (a) of this section, the Secretary of

State may issue a passport, in emergency circumstances or for

humanitarian reasons, to an individual with respect to whom that

subsection applies.

(e) Definitions

As used in this section -

(1) the term "controlled substance" has the same meaning as is

provided in section 102 of the Controlled Substances Act (21

U.S.C. 802);

(2) the term "Federal drug offense" means a violation of -

(A) the Controlled Substances Act (21 U.S.C. 801 et seq.) or

the Controlled Substances Import and Export Act (21 U.S.C. 951

et seq.);

(B) any other Federal law involving controlled substances; or

(C) subchapter II of chapter 53 of title 31 (commonly

referred to as the "Bank Secrecy Act"), or section 1956 or

section 1957 of title 18 (commonly referred to as the "Money

Laundering Act"), if the Secretary of State determines that the

violation is related to illicit production of or trafficking in

a controlled substance;

(3) the term "felony" means a criminal offense punishable by

death or imprisonment for more than one year;

(4) the term "imprisoned" means an individual is confined in or

otherwise restricted to a jail-type institution, a half-way

house, a treatment facility, or another institution, on a full or

part-time basis, pursuant to the sentence imposed as the result

of a conviction;

(5) the term "misdemeanor" means a criminal offense other than

a felony;

(6) the term "State drug offense" means a violation of State

law involving the manufacture, distribution, or possession of a

controlled substance; and

(7) the term "State law" means the law of a State of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands, or a

territory or possession of the United States.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 42, as added Pub. L. 100-690,

title IV, Sec. 4603(2), Nov. 18, 1988, 102 Stat. 4287.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (e)(2)(A),

is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in

subsec. (e)(2)(A), is title III of Pub. L. 91-513, Oct. 27, 1970,

84 Stat. 1285, as amended, which is classified principally to

subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For

complete classification of this Act to the Code, see Short Title

note set out under section 951 of Title 21 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 42 of act Aug. 1, 1956, was renumbered section 43

by section 4603(1) of Pub. L. 100-690, and subsequently renumbered,

and set out as a Short Title of 1956 Amendment note under section

2651 of this title, prior to repeal by Pub. L. 102-138, title I,

Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "a".

-End-

-CITE-

22 USC Sec. 2715 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2715. Procedures regarding major disasters and incidents

abroad affecting United States citizens

-STATUTE-

(a) Authority

In the case of a major disaster or incident abroad which affects

the health and safety of citizens of the United States residing or

traveling abroad, the Secretary of State shall provide prompt and

thorough notification of all appropriate information concerning

such disaster or incident and its effect on United States citizens

to the next-of-kin of such individuals. Notification shall be

provided through the most expeditious means available, including

telephone communications, and shall include timely written notice.

The Secretary, through the appropriate offices of the Department of

State, shall act as a clearinghouse for up-to-date information for

the next-of-kin and shall provide other services and assistance.

Assistance shall include liaison with foreign governments and

persons and with United States air carriers concerning arrangements

for the preparation and transport to the United States of the

remains of citizens who die abroad, as well as disposition of

personal estates pursuant to section 2715c of this title.

(b) Definitions

For purposes of this section and sections 2715b and 2715c of this

title, the term "consular officer" includes any United States

citizen employee of the Department of State who is designated by

the Secretary of State to perform consular services pursuant to

such regulations as the Secretary may prescribe.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 43, as added Pub. L. 101-246,

title I, Sec. 115(c)(2), Feb. 16, 1990, 104 Stat. 23; amended Pub.

L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec. 235],

Nov. 29, 1999, 113 Stat. 1536, 1501A-429.)

-MISC1-

PRIOR PROVISIONS

A prior section 43 of act Aug. 1, 1956, was renumbered section 44

by section 115(c)(1) of Pub. L. 101-246, and subsequently

renumbered, and set out as a Short Title of 1956 Amendment note

under section 2651 of this title, prior to repeal by Pub. L.

102-138, title I, Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

1999 - Pub. L. 106-113 designated existing provisions as subsec.

(a), inserted subsec. heading, substituted "disposition of personal

estates pursuant to section 2715c of this title" for "disposition

of personal effects", and added subsec. (b).

DEVELOPMENT OF STANDARDIZED PROCEDURES

Section 115(d) of Pub. L. 101-246 provided that:

"(1) The Secretary of State shall enter into discussions with

international air carriers and other appropriate entities to

develop standardized procedures which will assist the Secretary in

implementing the provisions of section 43 of the State Department

Basic Authorities Act of 1956, as amended by subsection (c) [22

U.S.C. 2715].

"(2) The Secretary of State shall consider the feasibility of

establishing a toll-free telephone number to facilitate inquiries

by the next-of-kin in cases of major disasters or incidents abroad

which affect the health and safety of citizens of the United States

residing or traveling abroad."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2715c, 5503, 5507 of this

title.

-End-

-CITE-

22 USC Sec. 2715a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2715a. Provision of information on certain violent crimes

abroad to victims and victims' families

-STATUTE-

(a) Sense of Congress

It is the sense of Congress that -

(1) it is in the national interests of the United States to

provide information regarding the killing, abduction, torture, or

other serious mistreatment of United States citizens abroad to

the victims of such crimes, or the families of victims of such

crimes if they are United States citizens; and

(2) the provision of such information is sufficiently important

that the discharge of the responsibility for identifying and

disseminating such information should be vested in a

cabinet-level officer of the United States Government.

(b) Responsibility

The Secretary of State shall take appropriate actions to ensure

that the United States Government takes all appropriate actions to

-

(1) identify promptly information (including classified

information) in the possession of the departments and agencies of

the United States Government regarding the killing, abduction,

torture, or other serious mistreatment of United States citizens

abroad; and

(2) subject to subsection (c) of this section, promptly make

such information available to -

(A) the victims of such crimes; or

(B) when appropriate, the family members of the victims of

such crimes if such family members are United States citizens.

(c) Limitations

The Secretary shall work with the heads of appropriate

departments and agencies of the United States Government in order

to ensure that information relevant to a crime covered by

subsection (b) of this section is promptly reviewed and, to the

maximum extent practicable, without jeopardizing sensitive sources

and methods or other vital national security interests, or without

jeopardizing an on-going criminal investigation or proceeding, made

available under that subsection unless such disclosure is

specifically prohibited by law.

-SOURCE-

(Pub. L. 105-107, title III, Sec. 307, Nov. 20, 1997, 111 Stat.

2252.)

-End-

-CITE-

22 USC Sec. 2715b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2715b. Notification of next of kin; reports of death

-STATUTE-

(a) In general

Whenever a United States citizen or national dies abroad, a

consular officer shall endeavor to notify, or assist the Secretary

of State in notifying, the next of kin or legal guardian as soon as

possible, except that, in the case of death of any Peace Corps

volunteer (within the meaning of section 2504(a) of this title),

any member of the Armed Forces, any dependent of such a volunteer

or member, or any Department of Defense employee, the consular

officer shall assist the Peace Corps or the appropriate military

authorities, as the case may be, in making such notifications.

(b) Reports of death or presumptive death

The consular officer may, for any United States citizen who dies

abroad -

(1) in the case of a finding of death by the appropriate local

authorities, issue a report of death or of presumptive death; or

(2) in the absence of a finding of death by the appropriate

local authorities, issue a report of presumptive death.

(c) Implementing regulations

The Secretary of State shall prescribe such regulations as may be

necessary to carry out this section.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 43A, as added Pub. L.

106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec. 234(b)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-426.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.

234(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-429, provided that:

"The repeal and amendment made by this section [enacting this

section and section 2715c of this title and repealing section 4195

of this title] shall take effect six months after the date of

enactment of this Act [Nov. 29, 1999]."

ADMINISTRATIVE ASSISTANCE IN ARRANGEMENTS FOLLOWING DEATH OF UNITED

STATES CITIZEN ABROAD

Pub. L. 95-426, title I, Sec. 121, Oct. 7, 1978, 92 Stat. 970, as

amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(1), Aug.

24, 1982, 96 Stat. 299, provided that: "The Congress finds that the

Department of State should, in the performance of its consular

duties, render all reasonable administrative assistance to a United

States citizen who is making necessary arrangements following the

death of another United States citizen abroad."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2715 of this title.

-End-

-CITE-

22 USC Sec. 2715c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2715c. Conservation and disposition of estates

-STATUTE-

(a) Conservation of estates abroad

(1) Authority to act as conservator

Whenever a United States citizen or national dies abroad, a

consular officer shall act as the provisional conservator of the

portion of the decedent's estate located abroad and, subject to

paragraphs (3), (4), and (5), shall -

(A) take possession of the personal effects of the decedent

within his jurisdiction;

(B) inventory and appraise the personal effects of the

decedent, sign the inventory, and annex thereto a certificate

as to the accuracy of the inventory and appraised value of each

article;

(C) when appropriate in the exercise of prudent

administration, collect the debts due to the decedent in the

officer's jurisdiction and pay from the estate the obligations

owed by the decedent;

(D) sell or dispose of, as appropriate, in the exercise of

prudent administration, all perishable items of property;

(E) sell, after reasonable public notice and notice to such

next of kin as can be ascertained with reasonable diligence,

such additional items of property as necessary to provide funds

sufficient to pay the decedent's debts and property taxes in

the country of death, funeral expenses, and other expenses

incident to the disposition of the estate;

(F) upon the expiration of the one-year period beginning on

the date of death (or after such additional period as may be

required for final settlement of the estate), if no claimant

shall have appeared, after reasonable public notice and notice

to such next of kin as can be ascertained with reasonable

diligence, sell or dispose of the residue of the personal

estate, except as provided in subparagraph (G), in the same

manner as United States Government-owned foreign excess

property;

(G) transmit to the custody of the Secretary of State in

Washington, D.C. the proceeds of any sales, together with all

financial instruments (including bonds, shares of stock, and

notes of indebtedness), jewelry, heirlooms, and other articles

of obvious sentimental value, to be held in trust for the legal

claimant; and

(H) in the event that the decedent's estate includes an

interest in real property located within the jurisdiction of

the officer and such interest does not devolve by the

applicable laws of intestate succession or otherwise, provide

for title to the property to be conveyed to the Government of

the United States unless the Secretary declines to accept such

conveyance.

(2) Authority to act as administrator

Subject to paragraphs (3) and (4), a consular officer may act

as administrator of an estate in exceptional circumstances if

expressly authorized to do so by the Secretary of State.

(3) Exceptions

The responsibilities described in paragraphs (1) and (2) may

not be performed to the extent that the decedent has left or

there is otherwise appointed, in the country where the death

occurred or where the decedent was domiciled, a legal

representative, partner in trade, or trustee appointed to take

care of his personal estate. If the decedent's legal

representative shall appear at any time prior to transmission of

the estate to the Secretary and demand the proceeds and effects

being held by the consular officer, the officer shall deliver

them to the representative after having collected any prescribed

fee for the services performed under this section.

(4) Additional requirement

In addition to being subject to the limitations in paragraph

(3), the responsibilities described in paragraphs (1) and (2) may

not be performed unless -

(A) authorized by treaty provisions or permitted by the laws

or authorities of the country wherein the death occurs, or the

decedent is domiciled; or

(B) permitted by established usage in that country.

(5) Statutory construction

Nothing in this section supersedes or otherwise affects the

authority of any military commander under title 10 with respect

to the person or property of any decedent who died while under a

military command or jurisdiction or the authority of the Peace

Corps with respect to a Peace Corps volunteer or the volunteer's

property.

(b) Disposition of estates by the Secretary of State

(1) Personal estates

(A) In general

After receipt of a personal estate pursuant to subsection (a)

of this section, the Secretary may seek payment of all

outstanding debts to the estate as they become due, may receive

any balances due on such estate, may endorse all checks, bills

of exchange, promissory notes, and other instruments of

indebtedness payable to the estate for the benefit thereof, and

may take such other action as is reasonably necessary for the

conservation of the estate.

(B) Disposition as surplus United States property

If, upon the expiration of a period of 5 fiscal years

beginning on October 1 after a consular officer takes

possession of a personal estate under subsection (a) of this

section, no legal claimant for such estate has appeared, title

to the estate shall be conveyed to the United States, the

property in the estate shall be under the custody of the

Department of State, and the Secretary shall dispose of the

estate in the same manner as surplus United States

Government-owned property is disposed or by such means as may

be appropriate in light of the nature and value of the property

involved. The expenses of sales shall be paid from the estate,

and any lawful claim received thereafter shall be payable to

the extent of the value of the net proceeds of the estate as a

refund from the appropriate Treasury appropriations account.

(C) Transfer of proceeds

The net cash estate after disposition as provided in

subparagraph (B) shall be transferred to the miscellaneous

receipts account of the Treasury of the United States.

(2) Real property

(A) Designation as excess property

In the event that title to real property is conveyed to the

Government of the United States pursuant to subsection

(a)(1)(H) of this section and is not required by the Department

of State, such property shall be considered foreign excess

property under title IV of the Federal Property and

Administrative Services Act of 1949.(!1)

(B) Treatment as gift

In the event that the Department requires such property, the

Secretary of State shall treat such property as if it were an

unconditional gift accepted on behalf of the Department of

State under section 2697 of this title and section 300(a)(3) of

this title.

(c) Losses in connection with the conservation of estates

(1) Authority to compensate

The Secretary is authorized to compensate the estate of any

United States citizen who has died overseas for property -

(A) the conservation of which has been undertaken under

section 2715 of this title or subsection (a) of this section;

and

(B) that has been lost, stolen, or destroyed while in the

custody of officers or employees of the Department of State.

(2) Liability

(A) Exclusion of personal liability after provision of

compensation

Any such compensation shall be in lieu of personal liability

of officers or employees of the Department of State.

(B) Liability to the Department

An officer or employee of the Department of State may be

liable to the Department of State to the extent of any

compensation provided under paragraph (1).

(C) Determinations of liability

The liability of any officer or employee of the Department of

State to the Department for any payment made under subsection

(a) of this section shall be determined pursuant to the

Department's procedures for determining accountability for

United States Government property.

(d) Regulations

The Secretary of State may prescribe such regulations as may be

necessary to carry out this section.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 43B, as added Pub. L.

106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec. 234(b)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-427.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(2)(A), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title IV of the Act, which was classified

generally to subchapter III (Sec. 511 et seq.) of chapter 10 of

former Title 40, Public Buildings, Property, and Works, was

repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304, as chapter 7 (Sec. 701 et seq.) of

Title 40, Public Buildings, Property, and Works.

-MISC1-

EFFECTIVE DATE

Section effective six months after Nov. 29, 1999, see section

1000(a)(7) [title II, Sec. 234(c)] of Pub. L. 106-113, set out as a

note under section 2715b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2715 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2716 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2716. Debt collection

-STATUTE-

(a) Contract authority

(1) Subject to the availability of appropriations, the Secretary

of State shall enter into contracts for collection services to

recover indebtedness owed by a person, other than a foreign

country, to the United States which arises out of activities of the

Department of State and is delinquent by more than 90 days.

(2) Each contract entered into under this section shall provide

that the person with whom the Secretary enters into such contract

shall submit to the Secretary at least once every 180 days a status

report on the success of the person in collecting debts. Section

3718 of title 31 shall apply to any such contract to the extent

that such section is not inconsistent with this subsection.

(b) Disclosure of delinquent debt to credit reporting agencies

The Secretary of State shall, to the extent otherwise allowed by

law, disclose to those credit reporting agencies to which the

Secretary reports loan activity information concerning any debt of

more than $100 owed by a person, other than a foreign country, to

the United States which arises out of activities of the Department

of State and is delinquent by more than 31 days.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 44, as added Pub. L. 101-246,

title I, Sec. 117(2), Feb. 16, 1990, 104 Stat. 25.)

-MISC1-

PRIOR PROVISIONS

A prior section 44 of act Aug. 1, 1956, was renumbered section 45

by section 117(1) of Pub. L. 101-246, and subsequently renumbered,

and set out as a Short Title of 1956 Amendment note under section

2651 of this title, prior to repeal by Pub. L. 102-138, title I,

Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

-End-

-CITE-

22 USC Sec. 2717 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2717. Defense trade controls registration fees

-STATUTE-

For each fiscal year, 100 percent of the registration fees

collected by the Office of Defense Trade Controls of the Department

of State shall be credited to a Department of State account, to be

available without fiscal year limitation. Fees credited to that

account shall be available only for payment of expenses incurred

for -

(1) contract personnel to assist in the evaluation of defense

trade controls license applications, reduction in processing time

for license applications, and improved monitoring of compliance

with the terms of licenses;

(2) the automation of defense trade controls functions,

including compliance and enforcement activities, and the

processing of defense trade controls license applications,

including the development, procurement, and utilization of

computer equipment and related software; and

(3) the enhancement of defense trade export compliance and

enforcement activities, including compliance audits of United

States and foreign parties, the conduct of administrative

proceedings, monitoring of end-uses in cases of direct commercial

arms sales or other transfers, and cooperation in proceedings for

enforcement of criminal laws related to defense trade export

controls.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 45, as added Pub. L. 101-246,

title I, Sec. 118(2), Feb. 16, 1990, 104 Stat. 25; amended Pub. L.

102-138, title I, Sec. 126, Oct. 28, 1991, 105 Stat. 659; Pub. L.

105-261, div. A, title XV, Sec. 1513(b), Oct. 17, 1998, 112 Stat.

2174; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2203,

Oct. 21, 1998, 112 Stat. 2681-808.)

-MISC1-

PRIOR PROVISIONS

A prior section 45 of act Aug. 1, 1956, was renumbered section 46

by section 118(1) of Pub. L. 101-246, and subsequently renumbered,

and set out as a Short Title of 1956 Amendment note under section

2651 of this title, prior to repeal by Pub. L. 102-138, title I,

Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

1998 - Pub. L. 105-277, which directed the amendment of subsec.

(a) by striking out "and" at end of par. (1), substituting

"functions, including compliance and enforcement activities," for

"functions" in par. (2), substituting "; and" for period at end of

par. (2), and adding par. (3), was executed by making the

amendments to text of section to reflect the probable intent of

Congress and the amendment by Pub. L. 105-261. See below.

Pub. L. 105-261 designated subsec. (a) as entire section, struck

out former subsec. (a) heading "Defense trade controls registration

fees", substituted "100 percent" for "$700,000", and struck out

heading and text of subsec. (b). Text read as follows: "The

authority contained in subsection (a) of this section shall be

exercised to such extent and in such amounts as are to be provided

in an appropriation Act."

1991 - Pub. L. 102-138, Sec. 126(1), substituted "Defense trade

controls registration fees" for "Munitions control registration

fees" in section catchline.

Subsec. (a). Pub. L. 102-138, Sec. 126, substituted in heading

"Defense trade controls registration fees" for "Munitions control

registration fees" and in text "$700,000" for "$500,000", "Defense

Trade Controls" for "Munitions Control", and "defense trade

controls" for "munitions control" wherever appearing.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-261 effective as of Oct. 1, 1998, see

section 1513(c)(2) of Pub. L. 105-261, set out in a Satellite

Export Controls note under section 2778 of this title.

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2718 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2718. Fees received for use of Blair House

-STATUTE-

(a) Use of fees

Notwithstanding any other provision of law, funds received by the

Department of State in connection with use of Blair House

(including reimbursements and surcharges for services and goods

provided and fees for use of Blair House facilities) may be

credited to the appropriate appropriation account of the Department

of State which is currently available. Such funds shall be

available only for maintenance and other expenses of Blair House.

(b) Compliance with Budget Act

The authority of this section may be exercised only to such

extent or in such amounts as are provided in advance in an

appropriation Act.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 46, as added Pub. L. 101-246,

title I, Sec. 119(2), Feb. 16, 1990, 104 Stat. 26; amended Pub. L.

102-138, title I, Sec. 123, Oct. 28, 1991, 105 Stat. 659.)

-REFTEXT-

REFERENCES IN TEXT

The Budget Act, referred to in subsec. (b) heading, probably

means the Congressional Budget Act of 1974, titles I through IX of

Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 621 of Title 2, The Congress, and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 46 of act Aug. 1, 1956, was renumbered section 47

by section 119(1) of Pub. L. 101-246, and subsequently renumbered,

and set out as a Short Title of 1956 Amendment note under section

2651 of this title, prior to repeal by Pub. L. 102-138, title I,

Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-138 struck out "for the fiscal

years 1990 and 1991," after "provision of law,".

-End-

-CITE-

22 USC Sec. 2719 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2719. Grants for training and education in international

affairs

-STATUTE-

The Secretary of State may make grants to postsecondary

educational institutions or students for the purpose of increasing

the level of knowledge and awareness of and interest in employment

with the Foreign Service, consistent with section 3905 of this

title. To the extent possible, the Secretary shall give special

emphasis to promoting such knowledge and awareness of, and interest

in employment with, the Foreign Service among minority students.

Any grants awarded shall be made pursuant to regulations to be

established by the Secretary of State, which shall provide for a

limit on the size of any specific grant and, regarding any grants

to individuals, shall ensure that no grant recipient receives an

amount of grants from one or more Federal programs which in the

aggregate would exceed the cost of his or her education, and shall

require satisfactory educational progress by grantees as a

condition of eligibility for continued receipt of grant funds.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 47, as added Pub. L. 101-246,

title I, Sec. 150(2), Feb. 16, 1990, 104 Stat. 42.)

-MISC1-

PRIOR PROVISIONS

A prior section 47 of act Aug. 1, 1956, was renumbered section 48

by section 150(1) of Pub. L. 101-246, and set out as a Short Title

of 1956 Amendment note under section 2651 of this title, prior to

repeal by Pub. L. 102-138, title I, Sec. 111(1), Oct. 28, 1991, 105

Stat. 654.

-End-

-CITE-

22 USC Sec. 2720 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2720. Closing of consular and diplomatic posts abroad

-STATUTE-

(a) Prohibited uses of funds

Except as provided under subsection (d) of this section or in

accordance with the procedures under subsections (b) and (c) of

this section -

(1) no funds authorized to be appropriated to the Department of

State shall be available to pay any expense related to the

closing of any United States consular or diplomatic post abroad;

and

(2) no funds authorized to be appropriated to the Department of

State may be used to pay for any expense related to the Bureau of

Administration of the Department of State (or to carrying out any

of its functions) if any United States consular or diplomatic

post is closed.

(b) Post closing notification

Not less than 45 days before the closing of any United States

consular or diplomatic post abroad, the Secretary of State shall

notify the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate.

(c) Reprogramming treatment

Amounts made available to pay any expense related to the closing

of a consular or diplomatic post abroad shall be treated as a

reprogramming of funds under section 2706 of this title and shall

not be available for obligation or expenditure except in compliance

with the procedures applicable to such reprogramming.

(d) Exceptions

The provisions of this section do not apply with respect to -

(1) any post closed because of a break or downgrading of

diplomatic relations between the United States and the country in

which the post is located; or

(2) any post closed because there is a real and present threat

to United States diplomatic or consular personnel in the city

where the post is located, and a travel advisory warning against

travel by United States citizens to that city has been issued by

the Department of State.

(e) "Consular or diplomatic post" defined

As used in this section, the term "consular or diplomatic post"

does not include a post to which only personnel of agencies other

than the Department of State are assigned.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 48, as added Pub. L. 102-138,

title I, Sec. 112(a)(1), Oct. 28, 1991, 105 Stat. 654.)

-MISC1-

PRIOR PROVISIONS

A prior section 48 of act Aug. 1, 1956, was set out as a Short

Title of 1956 Amendment note under section 2651 of this title,

prior to repeal by Pub. L. 102-138, title I, Sec. 111(1), Oct. 28,

1991, 105 Stat. 654.

Provisions similar to this section were contained in Pub. L.

100-204, title I, Sec. 122, Dec. 22, 1987, 101 Stat. 1339, and set

out as a note under section 2656 of this title, prior to repeal by

Pub. L. 102-138, title I, Sec. 112(b), Oct. 28, 1991, 105 Stat.

655.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 2721 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2721. Impermissible basis for denial of passports

-STATUTE-

A passport may not be denied issuance, revoked, restricted, or

otherwise limited because of any speech, activity, belief,

affiliation, or membership, within or outside the United States,

which, if held or conducted within the United States, would be

protected by the first amendment to the Constitution of the United

States.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 49, as added Pub. L. 102-138,

title I, Sec. 113, Oct. 28, 1991, 105 Stat. 655.)

-End-

-CITE-

22 USC Sec. 2722 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2722. International meetings

-STATUTE-

(a) Authority to pay expenses

If the United States Government hosts an international meeting or

conference in the United States, the Secretary of State is

authorized to pay all reasonable expenses of such meeting or

conference. Such expenses may include rental of quarters (by

contract or otherwise) and personal services.

(b) Retention of reimbursements

To the extent provided in an appropriation Act, transfers of

funds or other reimbursements for payments under subsection (a) of

this section are authorized to be retained and credited to the

appropriate appropriation account of the Department of State which

is available.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 50, as added Pub. L. 102-138,

title I, Sec. 119, Oct. 28, 1991, 105 Stat. 658.)

-End-

-CITE-

22 USC Sec. 2723 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2723. Denial of visas

-STATUTE-

(a) Report to Congress

(1) Denial of visas

The Secretary shall report, on a timely basis, to the

appropriate committees of the Congress each time a consular post

denies a visa on the grounds of terrorist activities or foreign

policy. Such report shall set forth the name and nationality of

each such person and a factual statement of the basis for such

denial.

(2) Visa issuance to inadmissible aliens

The Secretary shall, on a semiannual basis, submit to the

appropriate committees of the Congress a report describing every

instance during the period covered by the report in which a

consular post or the Visa Office of the Department of State

issued an immigrant or nonimmigrant visa to an alien who is

inadmissible to the United States based upon terrorist activity

or failed to object to the issuance of an immigrant or

nonimmigrant visa to an alien notwithstanding any such ground of

inadmissibility. The report shall set forth the name and

nationality of the alien, the issuing post, and a brief factual

statement of the basis for issuance of the visa or the failure to

object. The report may be submitted in classified or unclassified

form.

(b) Limitation

Information contained in such report may be classified to the

extent necessary and shall protect intelligence sources and

methods.

(c) Appropriate committees

For the purposes of this section the term "appropriate committees

of the Congress" means the Committee on the Judiciary and the

Committee on Foreign Affairs of the House of Representatives and

the Committee on the Judiciary and the Committee on Foreign

Relations of the Senate.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 51, as added Pub. L. 102-138,

title I, Sec. 127(a), Oct. 28, 1991, 105 Stat. 660; amended Pub. L.

107-228, div. A, title II, Sec. 231, Sept. 30, 2002, 116 Stat.

1372.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 designated existing

provisions as par. (1), inserted par. (1) heading, and added par.

(2).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 236.

-End-

-CITE-

22 USC Sec. 2724 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2724. Fees for commercial services

-STATUTE-

(a) Authority to charge fee

(1) Subject to paragraph (2), the Secretary of State is

authorized to charge a fee to cover the actual or estimated cost of

providing any person, firm or organization (other than agencies of

the United States Government) with commercial services at posts

abroad on matters within the authority of the Department of State.

(2) The authority of this section may be exercised only in

countries where the Department of Commerce does not perform

commercial services for which it collects fees.

(b) Use of fees

Funds collected under the authority of subsection (a) of this

section shall be deposited as an offsetting collection to any

Department of State appropriation to recover the costs of providing

commercial services. Funds deposited under this subsection shall

remain available for obligation through September 30 of the fiscal

year following the fiscal year in which the funds were deposited.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 52, as added Pub. L. 103-236,

title I, Sec. 136, Apr. 30, 1994, 108 Stat. 396; amended Pub. L.

105-277, div. G, subdiv. B, title XXII, Sec. 2204, Oct. 21, 1998,

112 Stat. 2681-808.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277 inserted at end "Funds

deposited under this subsection shall remain available for

obligation through September 30 of the fiscal year following the

fiscal year in which the funds were deposited."

-End-

-CITE-

22 USC Sec. 2725 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2725. Fees for use of the George P. Shultz National Foreign

Affairs Training Center

-STATUTE-

The Secretary is authorized to charge a fee for use of the George

P. Shultz National Foreign Affairs Training Center of the

Department of State. Amounts collected under this section

(including reimbursements and surcharges) shall be deposited as an

offsetting collection to any Department of State appropriation to

recover the costs of such use and shall remain available for

obligation until expended.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 53, as added Pub. L. 105-277,

div. G, subdiv. B, title XXII, Sec. 2205(b), Oct. 21, 1998, 112

Stat. 2681-809; amended Pub. L. 107-132, Sec. 2(a), Jan. 16, 2002,

115 Stat. 2412.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-132 inserted "George P. Shultz" before

"National Foreign Affairs Training Center" in section catchline and

in text.

REPORTING ON PILOT PROGRAM

Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2205(c),

Oct. 21, 1998, 112 Stat. 2681-809, required the Secretary of State

to submit, two years after Oct. 21, 1998, a report to Congress on

the number of persons taking advantage of the pilot program

established under section 4021 of this title and this section,

their business or government affiliations, the amount of fees

collected, and the impact of the program on the primary mission of

the National Foreign Affairs Training Center, prior to repeal by

Pub. L. 107-228, div. A, title III, Sec. 318(3), Sept. 30, 2002,

116 Stat. 1380.

-End-

-CITE-

22 USC Sec. 2726 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2726. Fee for use of diplomatic reception rooms

-STATUTE-

The Secretary is authorized to charge a fee for use of the

diplomatic reception rooms of the Department of State. Amounts

collected under this section (including reimbursements and

surcharges) shall be deposited as an offsetting collection to any

Department of State appropriation to recover the costs of such use

and shall remain available for obligation until expended.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 54, as added Pub. L. 105-277,

div. G, subdiv. B, title XXII, Sec. 2206, Oct. 21, 1998, 112 Stat.

2681-810.)

-End-

-CITE-

22 USC Sec. 2727 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2727. Accounting of collections in budget presentation

documents

-STATUTE-

The Secretary shall include in the annual Congressional

Presentation Document and the Budget in Brief a detailed accounting

of the total collections received by the Department of State from

all sources, including fee collections. Reporting on total

collections shall also cover collections from the preceding fiscal

year and the projected expenditures from all collections accounts.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 55, as added Pub. L. 105-277,

div. G, subdiv. B, title XXII, Sec. 2207, Oct. 21, 1998, 112 Stat.

2681-810.)

-End-

-CITE-

22 USC Sec. 2728 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2728. Crimes committed by diplomats

-STATUTE-

(a) Annual report concerning diplomatic immunity

(1) Report to Congress

180 days after October 21, 1998, and annually thereafter, the

Secretary of State shall prepare and submit to the Congress, a

report concerning diplomatic immunity entitled "Report on Cases

Involving Diplomatic Immunity".

(2) Content of report

In addition to such other information as the Secretary of State

may consider appropriate, the report under paragraph (1) shall

include the following:

(A) The number of persons residing in the United States who

enjoy full immunity from the criminal jurisdiction of the

United States under laws extending diplomatic privileges and

immunities.

(B) Each case involving an alien described in subparagraph

(A) in which an appropriate authority of a State, a political

subdivision of a State, or the United States reported to the

Department of State that the authority had reasonable cause to

believe the alien committed a serious criminal offense within

the United States, and any additional information provided to

the Secretary relating to other serious criminal offenses that

any such authority had reasonable cause to believe the alien

committed before the period covered by the report. The

Secretary may omit from such report any matter the provision of

which the Secretary reasonably believes would compromise a

criminal investigation or prosecution or which would directly

compromise law enforcement or intelligence sources or methods.

(C) Each case described in subparagraph (B) in which the

Secretary of State has certified that a person enjoys full

immunity from the criminal jurisdiction of the United States

under laws extending diplomatic privileges and immunities.

(D) The number of United States citizens who are residing in

a receiving state and who enjoy full immunity from the criminal

jurisdiction of such state under laws extending diplomatic

privileges and immunities.

(E) Each case involving a United States citizen under

subparagraph (D) in which the United States has been requested

by the government of a receiving state to waive the immunity

from criminal jurisdiction of the United States citizen.

(F) Whether the Secretary has made the notifications referred

to in subsection (c) of this section during the period covered

by the report.

(3) Serious criminal offense defined

For the purposes of this section, the term "serious criminal

offense" means -

(A) any felony under Federal, State, or local law;

(B) any Federal, State, or local offense punishable by a term

of imprisonment of more than 1 year;

(C) any crime of violence as defined for purposes of section

16 of title 18; or

(D)(i) driving under the influence of alcohol or drugs;

(ii) reckless driving; or

(iii) driving while intoxicated.

(b) United States policy concerning reform of diplomatic immunity

It is the sense of the Congress that the Secretary of State

should explore, in appropriate fora, whether states should enter

into agreements and adopt legislation -

(1) to provide jurisdiction in the sending state to prosecute

crimes committed in the receiving state by persons entitled to

immunity from criminal jurisdiction under laws extending

diplomatic privileges and immunities; and

(2) to provide that where there is probable cause to believe

that an individual who is entitled to immunity from the criminal

jurisdiction of the receiving state under laws extending

diplomatic privileges and immunities committed a serious crime,

the sending state will waive such immunity or the sending state

will prosecute such individual.

(c) Notification of diplomatic corps

The Secretary should periodically notify each foreign mission of

United States policies relating to criminal offenses committed by

individuals with immunity from the criminal jurisdiction of the

United States under laws extending diplomatic privileges and

immunities.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 56, as added Pub. L. 105-277,

div. G, subdiv. B, title XXII, Sec. 2217, Oct. 21, 1998, 112 Stat.

2681-815.)

-End-

-CITE-

22 USC Sec. 2729 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2729. State Department records of overseas deaths of United

States citizens from nonnatural causes

-STATUTE-

(a) Collection of information

The Secretary shall, to the maximum extent practicable, collect,

with respect to each foreign country, the following information

with respect to each United States citizen who dies in that country

from a nonnatural cause on or after September 30, 2002:

(1) The date of death.

(2) The locality where the death occurred (including the state

or province and municipality, if available).

(3) The cause of death, including information on the

circumstances of the death, and including, if the death resulted

from an act of terrorism, a statement disclosing that

information.

(4) Such other information as the Secretary shall prescribe.

(b) Database

The Secretary shall establish and maintain a database containing

the information collected under subsection (a) of this section.

(c) Public availability of information

Beginning three months after September 30, 2002, the Secretary,

shall make available, on a country-by-country basis, on the

Internet website of the Department's Bureau of Consular Affairs,

the information from the database described in subsection (b) of

this section with respect to deaths occurring since September 30,

2002, or occurring during the preceding three calendar years,

whichever period is shorter. The information shall be updated at

least every six months.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 57, as added Pub. L. 107-228,

div. A, title II, Sec. 204, Sept. 30, 2002, 116 Stat. 1363.)

-End-

-CITE-

22 USC Sec. 2730 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38 - DEPARTMENT OF STATE

-HEAD-

Sec. 2730. Prohibition on funding the involuntary return of

refugees

-STATUTE-

(a) Prohibition

(1) In general

Except as provided in paragraph (2), none of the funds made

available to the Department of State, or the United States

Emergency Refugee and Migration Assistance Fund established in

section 2601(c) of this title, may be available to effect the

involuntary return by the United States of any person to a

country in which the person has a well-founded fear of

persecution on account of race, religion, nationality, membership

in a particular social group, or political opinion.

(2) Exception

The prohibition in paragraph (1) does not apply to the return

of any person on grounds recognized as precluding protection as a

refugee under the United Nations Convention Relating to the

Status of Refugees of July 28, 1951, and the Protocol Relating to

the Status of Refugees of January 31, 1967, subject to the

reservations contained in the United States Senate resolution of

advice and consent to ratification of the Protocol.

(b) Congressional notification required in all cases

None of the funds made available to the Department of State, or

the United States Emergency Refugee and Migration Assistance Fund

established in section 2601(c) of this title, may be available to

effect the involuntary return by the United States of any person to

any country unless the Secretary first notifies the appropriate

congressional committees, except that, in the case of an emergency

involving a threat to human life, the Secretary shall notify the

appropriate congressional committees as soon as practicable.

(c) Statutory construction

Nothing in this section shall be construed as affecting

activities of the Department of State that relate to removal

proceedings under the Immigration and Nationality Act [8 U.S.C.

1101 et seq.] or extradition.

(d) Definitions

In this section:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives.

(2) To effect the involuntary return

The term "to effect the involuntary return" means to require,

by means of physical force or circumstances amounting to a threat

thereof, a person to return to a country against the person's

will, regardless of whether the person is physically present in

the United States and regardless of whether the United States

acts directly or through an agent.

-SOURCE-

(Aug. 1, 1956, ch. 841, title I, Sec. 58, as added Pub. L. 107-228,

div. A, title II, Sec. 241, Sept. 30, 2002, 116 Stat. 1373.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec. (c),

is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of Title

8, Aliens and Nationality. For complete classification of this Act

to the Code, see Short Title note set out under section 1101 of

Title 8 and Tables.

-End-