Legislación
US (United States) Code. Title 22. Chapter 38: Department of State
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22 USC CHAPTER 38 - DEPARTMENT OF STATE 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38 - DEPARTMENT OF STATE
-HEAD-
CHAPTER 38 - DEPARTMENT OF STATE
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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 Repealed.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(c) Repealed.
(d) Repealed and Omitted.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 Repealed.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(b) Repealed.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
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |