STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
STATE DEPT. BASIC AUTHORITIES ACT OF 1956
Public Law 84–885, as amended
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
885
118–159
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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State Department Basic Authorities Act of 1956
Department of State Authorization Act of 2022
1088
84
1956-08-01
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
[ (Public Law 84–885)]
[As Amended Through P.L. 118–159, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 84-885. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
[References in
[brackets]
are to 22 U.S.C.]

AN ACT
To provide certain basic authority for the Department of State.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “State Department Basic Authorities Act of 1956”.
TITLE I—

BASIC AUTHORITIES GENERALLY

organization of the department of state
Section 1.
[2651a]
(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, United States Code.
(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. The Under Secretary for Public Diplomacy shall—
(A)
prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department;
(B)
ensure the design and implementation of appropriate program evaluation methodologies;
(C)
provide guidance to Department personnel in the United States and overseas who conduct or implement public diplomacy policies, programs, and activities;
(D)
assist the United States Agency for International Development and the Broadcasting Board of Governors to present the policies of the United States clearly and effectively;
(E)
submit statements of United States policy and editorial material to the Broadcasting Board of Governors for broadcast consideration; and
(F)
coordinate the allocation and management of the financial and human resources for public diplomacy, including for—
(i)
the Bureau of Educational and Cultural Affairs;
(ii)
the Bureau of Global Public Affairs;
(iii)
the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs;
(iv)
the Global Engagement Center; and
(v)
the public diplomacy functions within the regional and functional bureaus.
(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 who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5. Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.
(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 502B of the Foreign Assistance Act of 1961 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 116 and 502B of the Foreign Assistance Act of 1961 are relevant.
(ii)
Preparing the statements and reports to Congress required under section 502B of the Foreign Assistance Act of 1961.
(iii)
Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502B of the Foreign Assistance Act of 1961, 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 116(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)

Assistant secretary for international narcotics and law enforcement affairs.—
(A)

In general.—
There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate.
(B)

Areas of responsibility.—
The Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters:
(i)
Combating international narcotics production and trafficking.
(ii)
Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets.
(iii)
Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting.
(iv)
Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices.
(v)
Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime.
(vi)
Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts.
(C)

Additional duties.—
In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also—
(i)
carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies;
(ii)
coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department;
(iii)
develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized;
(iv)
in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927); and
(v)
carry out such other relevant duties as the Secretary may assign.
(D)

Rule of construction.—
Nothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.
(4)

Assistant secretary for economic and business matters.—
(A)

In general.—
Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be responsible to the Secretary of State for matters pertaining to international economics and business matters in the conduct of foreign policy.
(B)

Matters contemplated.—
The matters referred to in subparagraph (A) include the following:
(i)
International trade and investment policy.
(ii)
International finance, economic development, and debt policy.
(iii)
Economic sanctions and combating terrorist financing.
(iv)
International transportation policy.
(v)
Support for United States businesses.
(vi)
Economic policy analysis and private sector outreach.
(vii)
International data privacy and innovation policies.
(viii)
Such other related duties as the Secretary may from time to time designate.
(C)

Coordination.—
The Assistant Secretary authorized under subparagraph (A) shall coordinate with the Office of Sanctions Coordination established under subsection (h) with respect to the development and implementation of economic sanctions.
(5)

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 section 5315 of title 5, United States Code, 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)

HIV/AIDS Response Coordinator.—
(1)

In general.—
There shall be established within the Department of State in the immediate office of the Secretary of State a Coordinator of United States Government Activities to Combat HIV/AIDS Globally, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary.
(2)

Authorities and duties; definitions.—
(A)

Authorities.—
The Coordinator, acting through such nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, and other relevant ministries,1 and relevant executive branch agencies as may be necessary and appropriate to effect the purposes of this section, is authorized—
^1
Section 102(1) of Public Law 110–293 amends subparagraph (A) by inserting “, partner country finance, health, and other relevant ministries,” after “community based organizations)” each place it appears. The amendment probably should have been made to insert such language after “community-based organizations)”. Such amendment was carried out in order to reflect the probable intent of Congress.
(i)
to operate internationally to carry out prevention, care, treatment, support, capacity development, and other activities for combatting HIV/AIDS;
(ii)
to transfer and allocate funds to relevant executive branch agencies; and
(iii)
to provide grants to, and enter into contracts with, nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, and other relevant ministries,1 to carry out the purposes of section.
(B)

Duties.—
(i)

In general.—
The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to combat the HIV/AIDS pandemic, including all programs, projects, and activities of the United States Government relating to the HIV/AIDS pandemic under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 or any amendment made by that Act.
(ii)

Specific duties.—
The duties of the Coordinator shall specifically include the following:
(I)
Ensuring program and policy coordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs.
(II)
Ensuring that each relevant executive branch agency undertakes programs primarily in those areas where the agency has the greatest expertise, technical capabilities, and potential for success.
(III)
Avoiding duplication of effort.
(IV)
Establishing an interagency working group on HIV/AIDS headed by the Global AIDS Coordinator and comprised of representatives from the United States Agency for International Development and the Department of Health and Human Services, for the purposes of coordination of activities relating to HIV/AIDS, including—
- (aa)
meeting regularly to review progress in partner countries toward HIV/AIDS prevention, treatment, and care objectives;
- (bb)
participating in the process of identifying countries to consider for increased assistance based on the epidemiology of HIV/AIDS in those countries, including clear evidence of a public health threat, as well as government commitment to address the HIV/AIDS problem, relative need, and coordination and joint planning with other significant actors;
- (cc)
assisting the Coordinator in the evaluation, execution, and oversight of country operational plans;
- (dd)
reviewing policies that may be obstacles to reaching targets set forth for HIV/AIDS prevention, treatment, and care; and
- (ee)
consulting with representatives from additional relevant agencies, including the National Institutes of Health, the Health Resources and Services Administration, the Department of Labor, the Department of Agriculture, the Millennium Challenge Corporation, the Peace Corps, and the Department of Defense.
(V)
Coordinating overall United States HIV/AIDS policy and programs, including ensuring the coordination of relevant executive branch agency activities in the field, with efforts led by partner countries, and with the assistance provided by other relevant bilateral and multilateral aid agencies and other donor institutions to promote harmonization with other programs aimed at preventing and treating HIV/AIDS and other health challenges, improving primary health, addressing food security, promoting education and development, and strengthening health care systems.
(VI)
Resolving policy, program, and funding disputes among the relevant executive branch agencies.
(VII)
Holding annual consultations with nongovernmental organizations in partner countries that provide services to improve health, and advocating on behalf of the individuals with HIV/AIDS and those at particular risk of contracting HIV/AIDS, including organizations with members who are living with HIV/AIDS.
(VIII)
Ensuring, through interagency and international coordination, that HIV/AIDS programs of the United States are coordinated with, and complementary to, the delivery of related global health, food security, development, and education.
(IX)
Directly approving all activities of the United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote d'Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Vietnam, Zambia, and other countries designated by the President, which other designated countries may include those countries in which the United States is implementing HIV/AIDS programs as of the date of the enactment of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 and other countries in which the United States is implementing HIV/AIDS programs as part of its foreign assistance program. In designating additional countries under this subparagraph, the President shall give priority to those countries in which there is a high prevalence of HIV or risk of significantly increasing incidence of HIV within the general population and inadequate financial means within the country.
(X)
Working with partner countries in which the HIV/AIDS epidemic is prevalent among injection drug users to establish, as a national priority, national HIV/AIDS prevention programs.
(XI)
Working with partner countries in which the HIV/AIDS epidemic is prevalent among individuals involved in commercial sex acts to establish, as a national priority, national prevention programs, including education, voluntary testing, and counseling, and referral systems that link HIV/AIDS programs with programs to eradicate trafficking in persons and support alternatives to prostitution.
(XII)
Establishing due diligence criteria for all recipients of funds appropriated for HIV/ AIDS assistance pursuant to the authorization of appropriations under section 401 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671) and all activities subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities.
(XIII)
Publicizing updated drug pricing data to inform the purchasing decisions of pharmaceutical procurement partners.
(C)

Definitions.—
In this paragraph:
(i)

AIDS.—
The term “AIDS” means acquired immune deficiency syndrome.
(ii)

HIV.—
The term “HIV” means the human immunodeficiency virus, the pathogen that causes AIDS.
(iii)

HIV/AIDS.—
The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
(iv)

Relevant executive branch agencies.—
The term “relevant executive branch agencies” means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including the Public Health Service), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act.
(g)

Bureau of Consular Affairs.—
There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs.
(h)

Bureau of Population, Refugees, and Migration.—
There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.
(i)

Bureau of Cyberspace and Digital Policy.—
(1)

In general.—
There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the “Bureau”). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate.
(2)

Duties.—
(A)

In general.—
The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the diplomatic and foreign policy aspects of the policy described in section 9501(a) of the Department of State Authorization Act of 2022.
(B)

Duties described.—
The principal duties and responsibilities of the head of the Bureau shall, in furtherance of the diplomatic and foreign policy mission of the Department of State, be—
(i)
to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues;
(ii)
to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, and cybersecurity efforts (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau);
(iii)
to coordinate with relevant Federal agencies and the Office of the National Cyber Director to ensure the diplomatic and foreign policy aspects of the cyber strategy in section 9501 of the Department of State Authorization Act of 2022 and any other subsequent strategy are implemented in a manner that is fully integrated with the broader strategy;
(iv)
to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally;
(v)
to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022;
(vi)
to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and international information and communications technology issues;
(vii)
to support United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity;
(viii)
to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries;
(ix)
to promote the building of foreign capacity relating to cyberspace policy priorities;
(x)
to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model;
(xi)
to promote an international environment for technology investments and the internet that benefits United States economic and national security interests;
(xii)
to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;
(xiii)
to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats;
(xiv)
to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022;
(xv)
to promote international policies, in coordination with the Department of Commerce, to secure radio frequency spectrum in the best interests of the United States;
(xvi)
to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet;
(xvii)
to build capacity of United States diplomatic officials to engage on cyberspace issues;
(xviii)
to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices;
(xix)
to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and
(xx)
to conduct such other matters as the Secretary of State may assign.
(3)

Qualifications.—
The head of the Bureau should be an individual of demonstrated competency in the fields of—
(A)
cybersecurity and other relevant cyberspace and information and communications technology policy issues; and
(B)
international diplomacy.
(4)

Organizational placement.—
(A)

Initial placement.—
Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State.
(B)

Subsequent placement.—
The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State—
(i)
consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
(ii)
submits a report to such committees that—
(I)
indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from—
- (aa)
other relevant Federal entities with a role in international aspects of cyber policy; and
- (bb)
the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to—
(AA)
the Under Secretary of State for Political Affairs;
(BB)
the Under Secretary of State for Civilian Security, Democracy, and Human Rights;
(CC)
the Under Secretary of State for Economic Growth, Energy, and the Environment;
(DD)
the Under Secretary of State for Arms Control and International Security Affairs;
(EE)
the Under Secretary of State for Management; and
(FF)
the Under Secretary of State for Public Diplomacy and Public Affairs;
(II)
describes the new reporting structure for the head of the Bureau and the justification for such new structure; and
(III)
includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.
(5)

Special hiring authorities.—
The Secretary of State may—
(A)
appoint up to 25 employees to cyber positions in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, regarding appointments in the competitive service; and
(B)
fix the rates of basic pay of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates, provided that the rates for such positions do not exceed the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(6)

Coordination.—
In implementing the duties prescribed under paragraph (2), the head of the Bureau shall coordinate with the heads of other Federal agencies, including the Department of Commerce, the Department of Homeland Security, and other Federal agencies that the National Cyber Director deems appropriate.
(7)

Rule of construction.—
Nothing in this subsection may be construed—
(A)
to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1); or
(B)
to alter or modify the existing authorities of any other Federal agency or official.
(j)

Special Appointments.—
(1)

Positions exercising significant authority.—
The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate.
(2)

Positions not exercising significant authority.—
The President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:
(A)
A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States.
(B)
A description of the duties and purpose of the position.
(C)
The rationale for giving the specific title and function to the position.
(3)

Limited exception for temporary appointments exercising significant authority.—
The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following:
(A)
The necessity for conferring such title and function.
(B)
The dates during which such title and function will be held.
(C)
The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment.
(D)
All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment.
(4)

Renewal of temporary appointment.—
The President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent.
(5)

Exemption.—
Paragraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute.
(6)

Effective date.—
This subsection shall apply to appointments made on or after January 3, 2023.
(k)

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.
(l)

Office of Sanctions Coordination.—
(1)

In general.—
There is established, within the Department of State, an Office of Sanctions Coordination (in this subsection referred to as the “Office”).
(2)

Head.—
The head of the Office shall—
(A)
have the rank and status of ambassador;
(B)
be appointed by the President, by and with the advice and consent of the Senate; and
(C)
report directly to the Secretary of State.
(3)

Duties.—
The head of the Office shall—
(A)
exercise sanctions authorities delegated to the Secretary;
(B)
serve as the principal advisor to the senior management of the Department and the Secretary regarding the development and implementation of sanctions policy;
(C)
serve as the lead representative of the United States in diplomatic engagement on sanctions matters;
(D)
consult and closely coordinate with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea, to ensure the maximum effectiveness of sanctions imposed by the United States and such allies and partners;
(E)
serve as the coordinator for the development and implementation of sanctions policy with respect to all activities, policies, and programs of all bureaus and offices of the Department relating to the development and implementation of sanctions policy; and
(F)
serve as the lead representative of the Department in interagency discussions with respect to the development and implementation of sanctions policy.
(4)

Direct hire authority.—
(A)

In general.—
The head of the Office may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the Office.
(B)

Termination.—
The authority provided under subparagraph (A) shall terminate on December 31, 2024.
(m)

Extended Post-employment Restrictions for Certain Senate-confirmed Officials.—
(1)

Definitions.—
In this subsection:
(A)

Country of concern.—
The term “country of concern” means—
(i)
the People’s Republic of China;
(ii)
the Russian Federation;
(iii)
the Islamic Republic of Iran;
(iv)
the Democratic People’s Republic of Korea;
(v)
the Republic of Cuba; and
(vi)
the Syrian Arab Republic.
(B)

Foreign government entity.—
The term “foreign governmental entity” includes—
(i)
any person employed by—
(I)
any department, agency, or other entity of a foreign government at the national, regional, or local level;
(II)
any governing party or coalition of a foreign government at the national, regional, or local level; or
(III)
any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and
(ii)
in the case of a country of concern, any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.
(C)

Representation.—
The term “representation” does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.
(2)

Secretary of state and deputy secretary of state.—
With respect to a person serving as the Secretary of State or the Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to any such person who knowingly represents, aids, or advises a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s service as Secretary or Deputy Secretary.
(3)

Under secretaries, assistant secretaries, and ambassadors.—
With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or as the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to any such person who knowingly represents, aids, or advises—
(A)
a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties for 3 years after the termination of such person’s service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer; or
(B)
a foreign governmental entity of a country of concern before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s service in a position described in this paragraph.
(4)

Penalties and injunctions.—
Any violations of the restrictions under paragraphs (2) or (3) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code.
(5)

Notice of restrictions.—
Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the Department of State—
(A)
upon appointment by the President; and
(B)
upon termination of service with the Department of State.
(6)

Effective date.—
The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of the Department of State Authorization Act of 2022.
(7)

Sunset.—
The restrictions under this subsection shall expire on the date that is 5 years after the date of the enactment of the Department of State Authorization Act of 2022.
(n)

Chief Artificial Intelligence Officer.—
(1)

In general.—
There shall be within the Department of State a Chief Artificial Intelligence Officer, which may be dual-hatted as the Department’s Chief Data Officer, who shall be a member of the Senior Executive Service.
(2)

Duties described.—
The principal duties and responsibilities of the Chief Artificial Intelligence Officer shall be—
(A)
to evaluate, oversee, and, if appropriate, facilitate the responsible adoption of artificial intelligence (AI) and machine learning applications to help inform decisions by policymakers and to support programs and management operations of the Department of State; and
(B)
to act as the principal advisor to the Secretary of State on the ethical use of AI and advanced analytics in conducting data-informed diplomacy.
(3)

Qualifications.—
The Chief Artificial Intelligence Officer should be an individual with demonstrated skill and competency in—
(A)
the use and application of data analytics, AI, and machine learning; and
(B)
transformational leadership and organizational change management, particularly within large, complex organizations.
(4)

Partner with the chief information officer on scaling artificial intelligence use cases.—
To ensure alignment between the Chief Artificial Intelligence Officer and the Chief Information Officer, the Chief Information Officer will consult with the Chief Artificial Intelligence Officer on best practices for rolling out and scaling AI capabilities across the Bureau of Information and Resource Management’s broader portfolio of software applications.
(5)

Artificial intelligence defined.—
In this subsection, the term “artificial intelligence” has the meaning given the term in section 238(g) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note).
(o)

Special Envoy to the Pacific Islands Forum.—
(1)

Appointment.—
The President shall appoint, by and with the advice and consent of the Senate, a qualified individual to serve as Special Envoy to the Pacific Islands Forum (referred to in this section as the “Special Envoy”).
(2)

Considerations.—
(A)

Selection.—
The Special Envoy shall be—
(i)
a United States Ambassador to a country that is a member of the Pacific Islands Forum; or
(ii)
a qualified individual who is not described in clause (i).
(B)

Limitations.—
If the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador—
(i)
may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Islands Forum; and
(ii)
shall not receive additional compensation for his or her service as Special Envoy.
(3)

Duties.—
The Special Envoy shall—
(A)
represent the United States in its role as dialogue partner to the Pacific Islands Forum; and
(B)
carry out such other duties as the President or the Secretary of State may prescribe.
Sec. 2.
[2669]
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 11 of the Act of March 1, 1919 (44 U.S.C. 111);
(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) 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 of the United States Code 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, United States Code, 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 303(c)(2) of the Federal Property and Administrative Services Act of 1949;
(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;
(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), 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; and
(o)2
make administrative corrections or adjustments to an employee's pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, as well as provide back pay and other categories of payments under section 5596 of title 5, United States Code, as part of the settlement or compromise of administrative claims or grievances filed against the Department.
^2
Margin is so in law.
Sec. 3.
[2670]
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)
pay the actual expenses of preparing and transporting to their former homes the remains of persons, not United States Government employees, who may die away from their homes while participating in international educational exchange activities under the jurisdiction of the Department of State;
(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;
(m)
establish, maintain, and operate passport and dispatch agencies; and
(n)3
pay expenses to provide internet services in residences owned or leased by the United States Government in foreign countries for the use of Department personnel where Department personnel receive a post hardship differential equivalent to 30 percent or more above basic compensation.
^3
Margin so in law.
Sec. 4.
[2671]
(a)
The Secretary of State is authorized to—
(1)
subject to subsection (b), 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 291 of the Revised Statutes (31 U.S.C. 107); and
(2)
delegate to subordinate officials the authority vested in him by section 291 of the Revised Statutes pertaining to certification of expenditures.
(b)
(1)
Expenditures described under subsection (a) 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), 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)
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)
With regard to the repatriations 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(f) of title 31, United States Code;
(7)
be permitted to use any funds necessary to contract with commercial collection agencies, notwithstanding section 3718(c) of title 31, United States Code;
(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, United States Code;
(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 percent 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.
Sec. 5.
[2672]
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 the Travel Expense Act of 1949, as amended (5 U.S.C. 5701–5708).
(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.
Sec. 6.
[2673]
The provisions of section 8 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287e), and regulations thereunder, applicable to expenses incurred pursuant to that Act, may be applicable to the obligation and expenditure of funds in connection with United States participation in the International Civil Aviation Organization.
Sec. 7.
[2674]
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 201(c) of the Act of June 30, 1949 (40 U.S.C. 481(c)), shall be available without fiscal year limitation for replacement of an equal number of such vehicles.
Sec. 8.
[2675]
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 are appropriated in accordance with authority granted in this Act or under authority governing the activities of such department, agency, or independent establishment.
Sec. 9.
[2676]
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 3741 of the Revised Statutes (41 U.S.C. 22): Provided, That nothing in this section shall be construed to waive the provisions of section 431 of title 18 of the United States Code.
Sec. 10.
[2677]
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.

reduction in earmarks if appropriations are less than authorizations
Sec. 11.
[2678]
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. 901 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.
Sec. 12.
[2679]
The Secretary of State, with the approval of the Bureau of the Budget, shall prescribe the maximum rates 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.
Sec. 13.
[2684]
(a)
There is hereby established a working capital fund for the Department of State, which shall be available without fiscal year limitations, for expenses (including those authorized by the Foreign Service Act of 1980) 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 Bureau of the 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. 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)
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.
Sec. 14.
[2679a]
(a)
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)
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.
Sec. 15.
[2680]
(a)
(1)
Notwithstanding any provision of law enacted before the date of enactment of the State Department/USIA Authorization Act, Fiscal Year 1975, 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.
Sec. 16.
[2680a]
The first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly known as the “Defense Base Act”) 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.
Sec. 17.
[2687]
The Secretary of State is authorized to use appropriated funds for unusual expenses similar to those authorized by section 5913 of title 5, United States Code, incident to the operation and maintenance of the living quarters of the United States Representative to the Organization of American States.
Sec. 18.
[2688]
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.
Sec. 19.
[2689]
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.
Sec. 20.
[2690]
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 Controller 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.
Sec. 21.
* * *
[Repealed—1990]
Sec. 22.
[2692]
(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.

administrative services
Sec. 23.
[2695]
(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) 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). 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.
Sec. 24.
[2696]
(a)
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)
(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 34 and shall be available for obligation or expenditure only in accordance with the procedures under such section.
(D)4
The authorities contained in this paragraph may be exercised only with respect to funds appropriated or otherwise made available after fiscal year 2008.
^4
Margin for subparagraph (D) so in law.
(c)
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)
(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 15 shall not apply to the appropriation of funds pursuant to this subsection.
(e)
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.
Sec. 25.
[2697]
(a)
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)
Any unconditional gift of money accepted under section (a), the income from any gift property held under subsection (c) or (d) (except income made available for expenditure under subsection (d)(2)), the net proceeds from the liquidation of gift property under subsection (c) or (d), 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)
The evidences of any unconditional gift of intangible personal property (other than money) accepted under subsection (a), 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)
(1)
The Secretary of State shall hold any real property or any tangible personal property accepted unconditionally pursuant to subsection (a) 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).
(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)
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)
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.
Sec. 26.
[2698]
(a)
The Secretary of State may, without regard to section 3106 of title 5, United States Code, 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,5 and the Administrator of the Agency for International Development with respect to the Board and the Agency.
^5
So in law. Should probably remove the comma.
Sec. 27.
[2699]
(a)
In order to expand employment opportunities for family members of the 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.
Sec. 28.
[2700]
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.
Sec. 29.
[2701]
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, and of paragraphs (h) and (i) of section 3 of this Act, may be utilized by the Secretary in providing assistance for educational facilities. Such assistance may include physical security enhancements and 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.
Sec. 30.
[2702]
(a)
The remedy—
(1)
against the United States provided by sections 1346(b) and 2672 of title 28, United States Code, 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)
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)
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, United States Code, 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)
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, the United States Code, and with the same effect.
(e)
For purposes of this section, the provisions of section 2680(h) of title 28, United States Code, 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)
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 of 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, United States Code, for such damage or injury.
(g)
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.
Sec. 31.
[2703]
(a)
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 13 of this Act may be utilized by the Secretary in providing such assistance.
(b)
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)
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 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)
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.
Sec. 32.
[2704]
The Secretary of State may pay, without regard to section 5702 of title 5, United States Code, subsistence expenses of (1) special agents of the Department of State who are on authorized protective missions, whether at or away from their duty stations, 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.
Sec. 33.
[2705]
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.
Sec. 34.
[2706]
(a)
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 reprogramming, funds appropriated for the Department of State shall not be available for obligation or expenditure through any reprogramming 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 reprogramming in excess of $1,000,000 or 10 percent, whichever is less and which (A) augments existing programs, projects, or activities, (B) reduces by 10 percent 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)
Funds appropriated for the Department of State may not be available for obligation or expenditure through any reprogramming described in subsection (a) 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)
The Secretary of State may waive the notification requirement of subsection (a), 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.
Sec. 35.
[2707]
(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;
(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.
SEC. 36.
[2708]

DEPARTMENT OF STATE REWARDS PROGRAM.
(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, serious violations of international humanitarian law, foreign election interference, transnational organized crime, 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)) and in consultation, as appropriate, with the heads of other relevant departments or agencies, 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), (3), (8), (9), (10), or (14);
(5)
the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), (3), (8), (9), (10), or (13) including by dismantling an organization in whole or significant part;
(6)
the identification or location of an individual who holds a key leadership position in a terrorist organization or transnational organized crime group;
(7)
the disruption of financial mechanisms of a foreign terrorist organization or transnational organized crime group, including the use by such organization or group of illicit narcotics production or international narcotics trafficking—
(A)
to finance acts of international terrorism or transnational organized crime; or
(B)
to sustain or support any terrorist organization or transnational organized crime group;
(8)
the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime;
(9)
the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime;
(10)
the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal (including a hybrid or mixed tribunal), of any foreign national accused of war crimes, crimes against humanity, or genocide (including war crimes, crimes against humanity, or genocide committed in Syria beginning in March 2011), as defined under—
(A)
the statute of such country or tribunal, as the case may be; or
(B)
United States law;
(11)
the identification or location of any person who, while acting at the direction of or under the control of a foreign government, aids or abets a violation of section 1030 of title 18, United States Code;
(12)
the disruption of financial mechanisms of any person who has engaged in the conduct described in section 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 2914(a) or 2914(b)(1));
(13)
the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference;
(14)
the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country; or
(15)
the restraining, seizing, forfeiting, or repatriating of stolen assets linked to foreign government corruption and the proceeds of such corruption.
(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 $25,000,000, 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. Without first making such determination, the Secretary may authorize a reward of up to twice the amount specified in this paragraph for the capture or information leading to the capture of a leader of a foreign terrorist organization.
(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.
(6)

Forms of reward payment.—
The Secretary may make a reward under this section in the form of money, a nonmonetary item (including such items as automotive vehicles), or a combination thereof. Not later than 15 days before making a reward in a form that includes cryptocurrency, 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 of such form for the reward.
(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) 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.
(3)

Advance notification for international criminal tribunal rewards.—
Not less than 15 days before publicly announcing that a reward may be offered for a particular foreign national accused of war crimes, crimes against humanity, or genocide, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary, setting forth the reasons why the arrest or conviction of such foreign national is in the national interests of the United States.
(4)

Reports on rewards authorized.—
Not less than 15 days after a reward is authorized under this section, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary to protect intelligence sources and methods, detailing information about the reward, including the identity of the individual for whom the reward is being made, the amount of the reward, the acts with respect to which the reward is being made, and how the reward is being publicized.
(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)

Media Surveys and Advertisements.—
(1)

Surveys conducted.—
For the purpose of more effectively disseminating information about the rewards program, the Secretary may use the resources of the rewards program to conduct media surveys, including analyses of media markets, means of communication, and levels of literacy, in countries determined by the Secretary to be associated with acts of international terrorism.
(2)

Creation and purchase of advertisements.—
The Secretary may use the resources of the rewards program to create advertisements to disseminate information about the rewards program. The Secretary may base the content of such advertisements on the findings of the surveys conducted under paragraph (1). The Secretary may purchase radio or television time, newspaper space, or make use of any other means of advertisement, as appropriate.
(j)

Determinations of the Secretary.—
A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review.
(k)

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 830 of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note)) 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 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).
(2)

Appropriate congressional committees.—
The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(3)

Foreign person.—
The term “foreign person” means—
(A)
an individual who is not a United States person; or
(B)
a foreign entity.
(4)

Foreign election interference.—
The term “foreign election interference” means conduct by a foreign person that—
(A)
(i)
violates Federal criminal, voting rights, or campaign finance law; or
(ii)
is performed by any person acting as an agent of or on behalf of, or in coordination with, a foreign government or criminal enterprise; and
(B)
includes any covert, fraudulent, deceptive, or unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the specific intent to significantly influence voters, undermine public confidence in election processes or institutions, or influence, undermine confidence in, or alter the result or reported result of, a general or primary Federal, State, or local election or caucus, including—
(i)
the campaign of a candidate; or
(ii)
a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum.
(5)

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.
(6)

Rewards program.—
The term “rewards program” means the program established in subsection (a)(1).
(7)

Transnational organized crime.—
The term “transnational organized crime”—
(A)
means—
(i)
racketeering activity (as such term is defined in section 1961 of title 18, United States Code) that involves at least one jurisdiction outside the United States; or
(ii)
any other criminal offense punishable by a term of imprisonment of at least four years under Federal, State, or local law that involves at least one jurisdiction outside the United States and that is intended to obtain, directly or indirectly, a financial or other material benefit; and
(B)
includes wildlife trafficking (as defined by section 2(12) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601(12); Public Law 114–231)) and severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving at least 1 jurisdiction outside of the United States.
(8)

Transnational organized crime group.—
The term “transnational organized crime group” means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime.
(9)

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 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))).
(10)

United states person.—
The term “United States person” means—
(A)
a citizen or national of the United States;or
(B)
an alien lawfully present in the United States.
SEC. 36A.
[2708a]

AWARD OF THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
(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.

special agents
Sec. 37.
[2709]
(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—
(A)
illegal passport or visa issuance or use;
(B)
identity theft or document fraud affecting or relating to the programs, functions, or authorities of the Department of State;
(C)
transnational violations of chapter 77 of title 18, United States Code, in which any part of the offense conduct occurred outside the United States or involved one or more foreign nationals; or
(D)
Federal offenses committed within the special maritime and territorial jurisdiction of the United States (as defined in section 7(9) of title 18, United States Code), except as such jurisdiction relates to the premises of United States military missions and related residences;
(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 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 202(a)(4) of this Act) and international organizations (as defined in section 209(b) of this Act), 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.
(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)6

Agreements with Attorney General and Secretary of the Treasury and Firearms Regulations.—
^6
Section 202 of Public Law 107–228 (116 Stat. 1362) amended subsection (b) by striking “(b)Agreement.—” and all that follows through the end of paragraph (1) and inserting a new subsection designation, heading, and paragraphs (1) through (2). The text at the beginning of the matter to be struck probably should not have included “.—”, but was executed to reflect the probable intent of Congress.
(1)

Agreement with attorney general.—
The authority conferred by paragraphs (1) and (4) of subsection (a) 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) 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) 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 3056 or 3056A of title 18, United States Code, 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.

expenses relating to participation in arbitrations of certain disputes
Sec. 38.
[2710]
(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 34 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 chapter 34 of the Act of February 27, 1896 (22 U.S.C. 2668a; 29 Stat. 32).
(2)

Treatment.—
Amounts retained under the authority of paragraph (1) shall be deposited into the fund under subsection (d).

counterterrorism protection fund
Sec. 39.
[2711]
(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”.

authority to control certain terrorism-related services
Sec. 40.
[2712]
(a)

Authority.—
The Secretary of State may, by regulation, impose controls on the provisions of the services described in subsection (b) 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) 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) 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), 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 6(j)(1) of the Export Administration Act of 1979, 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 amendment 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.

protection of historic and artistic furnishings of reception areas of the department of state building
Sec. 41.
[2713]
(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. 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)

Definition.—
For purposes of this section, the term “reception areas” means the areas of the Department of State 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.

denial of passports to certain convicted drug traffickers
Sec. 42.
[2714]
(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) during the period described in subsection (c) 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) 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) also applies with respect to an individual convicted of a Federal drug offense, or a State drug offense, if the offense is misdemeanor, but only if the Secretary of State determines that subsection (a) 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) 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); 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), 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, United States Code (commonly referred to as the “Bank Secrecy Act”), or section 1956 or section 1957 of title 18, United States Code (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.

procedures regarding major disasters and incidents abroad affecting united states citizens
Sec. 43.
[2715]
(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 State 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 43B of this Act.
(b)

Definitions.—
For purposes of this section and sections 43A and 43B, 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.
SEC. 43A.
[2715b]

NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.
(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 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), 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.
SEC. 43B.
[2715c]

CONSERVATION AND DISPOSITION OF ESTATES.
(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 of the United States Code 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), 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), 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) 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 (40 U.S.C. 511 et seq.).
(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 25 of this Act and section 9(a)(3) of the Foreign Service Buildings Act of 1926.
(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 43 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) 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.

debt collection
Sec. 44.
[2716]
(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 each 180 days a status report on the success of the person in collecting debts. Section 3718 of title 31, United States Code, 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.

defense trade controls registration fees
Sec. 45.
[2717]
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 control functions, including compliance and enforcement activities, and the processing of defense trade control 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.

fees received for use of blair house
Sec. 46.
[2718]
(a)

Use of Fees.—
Notwithstanding any other provision of law, funds received by the Department of State in connection with the 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 the 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.

grants for training and education in international affairs
Sec. 47.
[2719]
(a)

In General.—
The Secretary of State may make grants to postsecondary educations institutions or students for the purpose of increasing the level of knowledge and awareness of and interest in employment with the Foreign Service or the Civil Service, consistent with section 105 of the Foreign Service Act of 1980. 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 or the Civil 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 grant 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.
(b)

Diplomatic Security Fellowship Programs.—
(1)

Establishment.—
The Secretary of State, working through the Assistant Secretary for Diplomatic Security, is authorized to establish Diplomatic Security fellowship programs to provide grants to United States nationals pursuing post-secondary studies who commit to pursuing a career as a special agent, security engineering officer, or in the civil service in the Bureau of Diplomatic Security.
(2)

Rulemaking.—
The Secretary is authorized to promulgate regulations for the administration of Diplomatic Security fellowship programs that set forth—
(A)
the eligibility requirements for receiving a grant under this subsection;
(B)
the process by which eligible applicants may request such a grant;
(C)
the maximum amount of such a grant; and
(D)
the educational progress to which all grant recipients are obligated.

closing of consular and diplomatic posts abroad
Sec. 48.
[2720]
(a)

Prohibited Uses of Funds.—
Except as provided under subsection (d) 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 34 of this Act 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)

Definition.—
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.

impermissible basis for denial of passports
Sec. 49.
[2721]
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.

international meetings
Sec. 50.
[2722]
(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) are authorized to be retained and credited to the appropriate appropriation account of the Department of State which is available.

denial of visas
Sec. 51.
[2723]
(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.
SEC. 52.
[2724]

FEES FOR COMMERCIAL SERVICES.
(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) 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.
SEC. 53.
[2725]

FEES FOR USE OF THE GEORGE P. SHULTZ NATIONAL FOREIGN AFFAIRS TRAINING CENTER.
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.
SEC. 54.
[2726]

FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
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.
SEC. 55.
[2727]

ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.
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.
SEC. 56.
[2728]

CRIMES COMMITTED BY DIPLOMATS.
(a)

Annual Report Concerning Diplomatic Immunity.—
(1)

Report to congress.—
180 days after the date of enactment, 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) 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, United States Code; 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.
SEC. 57.
[2729]

STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES CITIZENS FROM NONNATURAL CAUSES.
(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 the date of enactment of the Foreign Relations Authorization Act, Fiscal Year 2003:
(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).
(c)

Public Availability of Information.—
Beginning three months after the date of enactment of the Foreign Relations Authorization Act, Fiscal Year 2003, 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) with respect to deaths occurring since the date of enactment of that Act, or occurring during the preceding three calendar years, whichever period is shorter. The information shall be updated at least every six months.
SEC. 58.
[2730]

PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
(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 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), 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 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), 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 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.
SEC. 59.
[2731]

MONITORING AND COMBATING ANTI-SEMITISM.
(a)

Office To Monitor and Combat Anti-Semitism.—
(1)

Establishment of office.—
The Secretary shall establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the “Office”).
(2)

Head of office.—
(A)

Special envoy for monitoring and combating anti-semitism.—
The head of the Office shall be the Special Envoy for Monitoring and Combating anti-Semitism (in this section referred to as the “Special Envoy”), who shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary.
(B)

Nomination of head of office.—
If the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph.
(3)

Duties.—
The Special Envoy shall serve as the primary advisor to, and coordinate efforts across, the United States Government relating to monitoring and combating anti-Semitism and anti-Semitic incitement that occur in foreign countries.
(4)

Rank and status of ambassador.—
The Special Envoy shall have the rank of ambassador.
(5)

Qualifications.—
The Special Envoy should be a person of recognized distinction in the field of combating anti-Semitism.
(b)

Purpose of Office.—
Upon establishment, the Office shall assume the primary responsibility for—
(1)
monitoring and combating acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries;
(2)
coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(7) and 2304(b)) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement for inclusion in the annual Country Reports on Human Rights Practices; and
(3)
coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(A)(iv) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(A)(iv)) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement for inclusion in the Annual Report on International Religious Freedom.
(c)

Consultations.—
The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this section.
SEC. 60.
[2732]

PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
(a)

Integral Component.—
The Secretary of State shall make public diplomacy an integral component in the planning and execution of United States foreign policy.
(b)

Coordination and Development of Strategy.—
The Secretary shall make every effort to—
(1)
coordinate, subject to the direction of the President, the public diplomacy activities of Federal agencies; and
(2)
coordinate with the Broadcasting Board of Governors to—
(A)
develop a comprehensive and coherent strategy for the use of public diplomacy resources; and
(B)
develop and articulate long-term measurable objectives for United States public diplomacy.
(c)

Objectives.—
The strategy developed pursuant to subsection (b) shall include public diplomacy efforts targeting developed and developing countries and select and general audiences, using appropriate media to properly explain the foreign policy of the United States to the governments and populations of such countries, with the objectives of increasing support for United States policies and providing news and information. The Secretary shall, through the most effective mechanisms, counter misinformation and propaganda concerning the United States. The Secretary shall continue to articulate the importance of freedom, democracy, and human rights as fundamental principles underlying United States foreign policy goals.
(d)

Identification of United States Foreign Assistance.—
In cooperation with the United States Agency for International Development (USAID) and other public and private assistance organizations and agencies, the Secretary should ensure that information relating to foreign assistance provided by the United States, nongovernmental organizations, and private entities of the United States is disseminated widely, and particularly, to the extent practicable, within countries and regions that receive such assistance. The Secretary should ensure that, to the extent practicable, projects funded by USAID not involving commodities, including projects implemented by private voluntary organizations, are identified as provided by the people of the United States.
SEC. 61.
[2733]

REEMPLOYMENT OF ANNUITANTS UNDER THE CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a)

Authority.—
The Secretary of State may waive the application of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.
(b)

Procedures.—
The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.
(c)

Annuitants Not Treated as Employees for Purposes of Retirement Benefits.—
An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5, United States Code.
SEC. 62.
[2734]

RECONSTRUCTION AND STABILIZATION.
(a)

Office of the Coordinator for Reconstruction and Stabilization.—
(1)

Establishment.—
There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization.
(2)

Coordinator for reconstruction and stabilization.—
The head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary.
(3)

Functions.—
The functions of the Office of the Coordinator for Reconstruction and Stabilization shall include the following:
(A)
Monitoring, in coordination with relevant bureaus and offices of the Department of State and the United States Agency for International Development (USAID), political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the reconstruction and stabilization of a country or region that is at risk of, in, or are in transition from, conflict or civil strife.
(B)
Assessing the various types of reconstruction and stabilization crises that could occur and cataloging and monitoring the non-military resources and capabilities of agencies (as such term is defined in section 1603 of the Reconstruction and Stabilization Civilian Management Act of 2008) that are available to address such crises.
(C)
Planning, in conjunction with USAID, to address requirements, such as demobilization, disarmament, rebuilding of civil society, policing, human rights monitoring, and public information, that commonly arise in reconstruction and stabilization crises.
(D)
Coordinating with relevant agencies to develop interagency contingency plans and procedures to mobilize and deploy civilian personnel and conduct reconstruction and stabilization operations to address the various types of such crises.
(E)
Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 2008.
(F)
Identifying personnel in State and local governments and in the private sector who are available to participate in the Civilian Reserve Corps established under subsection (b) or to otherwise participate in or contribute to reconstruction and stabilization activities.
(G)
Taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization activities is adequate and is carried out, as appropriate, with other agencies involved with stabilization operations.
(H)
Taking steps to ensure that plans for United States reconstruction and stabilization operations are coordinated with and complementary to reconstruction and stabilization activities of other governments and international and nongovernmental organizations, to improve effectiveness and avoid duplication.
(I)
Maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment.
(b)

Response Readiness Corps.—
(1)

Response readiness corps.—
The Secretary, in consultation with the Administrator of the United States Agency for International Development and the heads of other appropriate agencies of the United States Government, may establish and maintain a Response Readiness Corps (referred to in this section as the “Corps”) to provide assistance in support of reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. The Corps shall be composed of active and standby components consisting of United States Government personnel, including employees of the Department of State, the United States Agency for International Development, and other agencies who are recruited and trained (and employed in the case of the active component) to provide such assistance when deployed to do so by the Secretary to support the purposes of this Act.
(2)

Civilian reserve corps.—
The Secretary, in consultation with the Administrator of the United States Agency for International Development, may establish a Civilian Reserve Corps for which purpose the Secretary is authorized to employ and train individuals who have the skills necessary for carrying out reconstruction and stabilization activities, and who have volunteered for that purpose. The Secretary may deploy members of the Civilian Reserve Corps pursuant to a determination by the President under section 618 of the Foreign Assistance Act of 1961.
(3)

Mitigation of domestic impact.—
The establishment and deployment of any Civilian Reserve Corps shall be undertaken in a manner that will avoid substantively impairing the capacity and readiness of any State and local governments from which Civilian Reserve Corps personnel may be drawn.
(c)

Existing Training and Education Programs.—
The Secretary shall ensure that personnel of the Department, and, in coordination with the Administrator of USAID, that personnel of USAID, make use of the relevant existing training and education programs offered within the Government, such as those at the Center for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and After Action Review Program at the National Defense University.
SEC. 63.
[2735]

FOREIGN RELATIONS EXCHANGE PROGRAMS.
(a)

Authority.—
The Secretary may establish exchange programs under which officers or employees of the Department of State, including individuals appointed under title 5, United States Code, and members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)), may be assigned, for not more than 1 year, to a position with any foreign government or international entity that permits an employee to be assigned to a position with the Department of State.
(b)

Salary and Benefits.—
(1)

Members of foreign service.—
During a period in which a member of the Foreign Service is participating in an exchange program authorized pursuant to subsection (a), such member shall be entitled to the salary and benefits to which such member would receive but for the assignment under this section.
(2)

Non-foreign service employees of department.—
An employee of the Department of State other than a member of the Foreign Service participating in an exchange program authorized pursuant to subsection (a) shall be treated in all respects as if detailed to an international organization pursuant to section 3343(c) of title 5, United States Code.
(3)

Foreign participants.—
The salary and benefits of an employee of a foreign government or international entity participating in an exchange program authorized pursuant to subsection (a) shall be paid by such government or entity during the period in which such employee is participating in such program, and shall not be reimbursed by the Department of State.
(c)

Non-Reciprocal Assignment.—
The Secretary may authorize a non-reciprocal assignment of personnel pursuant to this section, with or without reimbursement from the foreign government or international entity for all or part of the salary and other expenses payable during such assignment, if such is in the interests of the United States.
(d)

Rule of Construction.—
Nothing in this section may be construed to authorize the appointment as an officer or employee of the United States of—
(1)
an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or
(2)
an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5, United States Code, or any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States.
SEC. 64.
[2735a]

PRESIDENTIAL ENVOY FOR THE ABRAHAM ACCORDS, NEGEV FORUM, AND RELATED INTEGRATION AND NORMALIZATION FORA AND AGREEMENTS.
(a)

Office.—
There is established within the Department of State the Office of the Special Presidential Envoy for the Abraham Accords, Negev Forum, and Related Integration and Normalization Fora and Agreements (referred to in this section as the “Regional Integration Office”).
(b)

Leadership.—
(1)

Special envoy.—
The Regional Integration Office shall be headed by the Special Presidential Envoy for the Abraham Accords, Negev Forum, and Related Normalization Agreements, who shall—
(A)
be appointed by the President, by and with the advice and consent of the Senate; and
(B)
report directly to the Secretary of State.
(c)

Rank and Status of Ambassador.—
The Special Envoy shall have the rank and status of ambassador.
(d)

Duties.—
The Special Envoy shall—
(1)
lead diplomatic engagement—
(A)
to strengthen and expand the Negev Forum, the Abraham Accords, and related normalization agreements with Israel, including promoting initiatives that benefit the people of key partners in regional integration or other regional actors in order to encourage such expansion; and
(B)
to support the work of regional integration;
(2)
implement the policy of the United States to expand normalization and support greater regional integration—
(A)
within the Middle East and North Africa; and
(B)
between the Middle East and North Africa and other key regions, including sub-Saharan Africa, the Indo-Pacific region, and beyond;
(3)
work to deliver tangible economic and security benefits for the citizens of Abraham Accords countries, Negev Forum countries, and countries that are members of other related normalization agreements;
(4)
serve as the ministerial liaison for the United States to the Negev Forum and other emerging normalization and integration fora, as necessary, and provide senior representation at events, steering committee meetings, and other relevant diplomatic engagements relating to the Negev Forum or other regional integration bodies;
(5)
coordinate all cross-agency engagements and strategies in support of normalization efforts with other relevant officials and agencies;
(6)
ensure that the appropriate congressional committees are regularly informed about the work of the Regional Integration Office;
(7)
initiate and advance negotiations on a framework for an economic and security partnership with the Negev Forum countries, other key partners in regional integration, and other regional actors;
(8)
oppose efforts to delegitimize Israel and legal barriers to normalization with Israel;
(9)
initiate negotiations with Abraham Accords countries and Negev Forum countries, observers, and key partners in regional integration on an economic framework that includes—
(A)
improving supply chain security and resiliency;
(B)
aligning common regulatory and financial standards;
(C)
attracting foreign investment;
(D)
diversification of energy resources, including renewable sources of energy, and the development and deployment of emerging and advanced technologies that promote energy security; and
(E)
digital economy, cybersecurity, and cross-border data flow;
(10)
lead interagency efforts to reach an international agreement on the comprehensive economic framework described in paragraph (9);
(11)
endeavor to embed already established standards on countering money laundering and terrorist financing into the regional economic framework described in paragraph (9); and
(12)
promote regional integration and broader interconnectivity among the Abraham Accords countries, Negev Forum countries, observers, key partners in regional integration, and other regional actors by promoting and supporting targeted investment in regional infrastructure and other critical sectors that broaden and deepen interconnectivity, increase economic growth and resilience, create benefits for citizens of Abraham Accords countries and Negev Forum countries, and advance the national security, economic, and development interests of the United States.
(e)

Limitation.—
The Special Envoy shall not be a dual-hatted official with other responsibilities within the Department of State or the executive branch.
(f)

Sense of Congress.—
It is the sense of Congress that whole-of-government resources should be harnessed to ensure the successful performance by the Special Envoy of the duties described in subsection (d).
(g)

Report.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Special Envoy shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on actions taken by all relevant Federal agencies—
(A)
to strengthen and expand the Abraham Accords and the work of the Negev Forum and future structures and organizations; and
(B)
towards the objectives of regional integration.
(2)

Form of report.—
The report required by paragraph (1) shall be submitted in unclassified form but may contain a separate, classified annex.
(h)

Strategy.—
Not later than 180 days after the date of the enactment of this section, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interagency strategy to use the economic tools of the Federal Government to promote regional integration through targeted investment as described in subsection (d)(12).
(i)

Termination.—
This section shall terminate on the date that is 6 years after date of the enactment of the section.
(j)

Rule of Construction.—
If, on the date of the enactment of this section, an individual has already been designated, consistent with the requirements and responsibilities described in subsections (b), (c), and (d) and section 1 of this Act (22 U.S.C. 2651a), the requirements under subsection (b) shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Special Envoy.
(k)

Definitions.—
In this section:
(1)

Abraham accords.—
The term “Abraham Accords” means—
(A)
the Abraham Accords Declaration, done at Washington September 15, 2020;
(B)
the Abraham Accords Peace Agreement: Treaty of Peace, Diplomatic Relations and Full Normalization Between the United Arab Emirates and Israel, done at Washington September 15, 2020;
(C)
the Abraham Accords: Declaration of Peace, Cooperation, and Constructive Diplomatic and Friendly Relations, done at Washington September 15, 2020, between Israel and the Kingdom of Bahrain; and
(D)
the Joint Declaration of the Kingdom of Morocco, the United States, and Israel, done at Rabat December 22, 2020.
(2)

Expand.—
The term “expand”, with respect to the Abraham Accords, means to increase the number of regional, Arab, or Muslim-majority countries that seek to normalize relations with the State of Israel.
(3)

Key partners in regional integration.—
The term “key partners in regional integration” means—
(A)
any Abraham Accords country;
(B)
Egypt;
(C)
Jordan;
(D)
the Kingdom of Saudi Arabia; and
(E)
any other active and constructive country that supports cooperation—
(i)
to normalize relations between countries in the Middle East and North Africa and Israel; and
(ii)
to advance regional integration.
(4)

Negev forum.—
The term “Negev Forum” means the regional grouping known as the Negev Forum Regional Cooperation Framework that was adopted on November 10, 2022, or any successor group.
(5)

Observer.—
The term “observer”—
(A)
means any country, particularly inside the Middle East and North Africa region, or political entity that—
(i)
directly supports the objectives and processes of the Negev Forum;
(ii)
expresses serious interest in participating in certain projects determined by the Negev Forum that benefit normalization with Israel and greater regional integration; and
(iii)
is not an official member of the Negev Forum Steering Committee or any working group of the Negev Forum; and
(B)
includes 3+1 format members Cyprus and Greece.
(6)

Other regional actors.—
The term “other regional actors” means the Palestinian Authority or a credible future political entity that serves as the interlocutor for the Palestinian people.
(7)

Strengthen.—
The term “strengthen”, with respect to the Abraham Accords and the Negev Forum, means to engage in efforts that improve the diplomatic relations between Abraham Accords countries and broaden the breadth and scope of issues on which Abraham Accords countries cooperate.
SEC. 65.
[2735b]

NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
(a)

Activities.—
(1)

Support authorized.—
The Secretary is authorized to provide, by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach services and related events, including—
(A)
organizing programs and conference activities;
(B)
creating, designing, and installing exhibits; and
(C)
conducting museum shop services and food services in the public exhibition and related physical and virtual space utilized by the National Museum of American Diplomacy.
(2)

Recovery of costs.—
The Secretary of State is authorized to retain the proceeds obtained from customary and appropriate fees charged for the use of facilities, including venue rental for events consistent with the activities described in subsection (a)(1) and museum shop services and food services at the National Museum of American Diplomacy. Such proceeds shall be retained as a recovery of the costs of operating the Museum, credited to a designated Department account that exists for the purpose of funding the Museum and its programs and activities, and shall remain available until expended.
(b)

Disposition of Documents, Artifacts, and Other Articles.—
(1)

Property.—
All historic documents, artifacts, or other articles acquired by the Department of State for the permanent museum collection and determined by the Secretary of State to be suitable for display by the National Museum of American Diplomacy shall be considered to be the property of the United States Government and shall be subject to disposition solely in accordance with this subsection.
(2)

Sale, trade, or transfer.—
Whenever the Secretary of State makes a determination described in paragraph (3) with respect to a document, artifact, or other article described in paragraph (1), taking into account considerations such as the Museum’s collections management policy and best professional museum practice, the Secretary may sell at fair market value, trade, or transfer such document, artifact, or other article without regard to the requirements of subtitle I of title 40, United States Code. The proceeds of any such sale may be used solely for the advancement of the activities described in subsection (a)(1) of the National Museum of American Diplomacy and may not be used for any purpose other than the acquisition and direct care of the collections of the Museum.
(3)

Determinations prior to sale, trade, or transfer.—
The determination described in this paragraph with respect to a document, artifact, or other article described in paragraph (1) is a determination that—
(A)
the document, artifact, or other article no longer serves to further the mission of the National Museum of American Diplomacy as set forth in the collections management policy of the Museum;
(B)
the sale at a fair market price based on an independent appraisal or trade or transfer of the document, artifact, or other article would serve to maintain or enhance the Museum collection; and
(C)
the sale, trade, or transfer of the document, artifact, or other article would be in the best interests of the United States.
(4)

Loans.—
In addition to the authorization under paragraph (2) relating to the sale, trade, or transfer of documents, artifacts, or other articles described in paragraph (1), the Secretary of State may—
(A)
loan the documents, artifacts, or other articles to other institutions, both foreign and domestic, for repair, study, or exhibition when not needed for use or display by the National Museum of American Diplomacy; and
(B)
borrow documents, artifacts, or other articles from other institutions or individuals, both foreign and domestic, for activities consistent with subsection (a)(1).
TITLE II—

AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS

declaration of findings and policy
Sec. 201.
[4301]
(a)
The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction.
(b)
The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law.
(c)
The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission as well as matters relating to the protection of the interests of the United States.

definitions
Sec. 202.
[4302]
(a)
For purposes of this title—
(1)
“benefit” (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of—
(A)
real property by purchase, lease, exchange, construction, or otherwise,
(B)
public services, including services relating to customs, importation, and utilities, and the processing of applications or requests relating to public services,
(C)
supplies, maintenance, and transportation,
(D)
locally engaged staff on a temporary or regular basis,
(E)
travel and related services,
(F)
protective services, and
(G)
financial and currency exchange services,
and includes such other benefits as the Secretary may designate;
(2)
“chancery” means the principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes;
(3)
“foreign mission” means any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by—
(A)
a foreign government, or
(B)
an organization (other than an international organization, as defined in section 209(b) of this title) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity,
including any real property of such a mission and including the personnel of such a mission;
(4)
“real property” includes any right, title, or interest in or to, or the beneficial use of, any real property in the United States, including any office or other building;
(5)
“Secretary” means the Secretary of State;
(6)
“sending State” means the foreign government, territory, or political entity represented by a foreign mission; and
(7)
“United States” means, when used in a geographic sense, the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(b)
Determinations with respect to the meaning and applicability of the terms used in subsection (a) shall be committed to the discretion of the Secretary.

authorities of the secretary of state
Sec. 203.
[4303]
The Secretary shall carry out the following functions:
(1)
Assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privileges, and immunities to which a foreign mission may be entitled.
(2)
Provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204.
(3)
As determined by the Secretary, dispose of property acquired in carrying out the purposes of this Act.
(4)
As determined by the Secretary, designate an office within the Department of State to carry out the purposes of this Act. If such an office is established, the President may appoint, by and with the advice and consent of the Senate, a Director, with the rank of ambassador. Of the Director and the next most senior person in the office, one should be an individual who has served in the Foreign Service and the other should be an individual who has served in the United States intelligence community.
(5)
Perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title.

provision of benefits
Sec. 204.
[4304]
(a)
Upon the request of a foreign mission, benefits may be provided to or for that foreign mission by or through the Secretary on such terms and conditions as the Secretary may approve.
(b)
If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise—
(1)
to facilitate relations between the United States and a sending State,
(2)
to protect the interests of the United States,
(3)
to adjust for costs and procedures of obtaining benefits for missions of the United States abroad,
(4)
to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, or
(5)
subject to subsection (f), to implement an exchange of property between the Government of the United States and the government of a foreign country, such property to be used by each government in the respective receiving state for, or in connection with, diplomatic or consular establishments,
then the Secretary may require a foreign mission (A) to obtain benefits from or through the Secretary on such terms and conditions as the Secretary may approve, or (B) to forego the acceptance, use, or relations of any benefit or to comply with such terms and conditions as the Secretary may determine as a condition to the execution or performance in the United States of any contract or other agreement, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmental authority, or any entity providing public services).
(c)
Terms and conditions established by the Secretary under this section may include—
(1)
a requirement to pay to the Secretary a surcharge or fee, and
(2)
a waiver by a foreign mission or any assignee of or person deriving rights from a foreign mission of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action determined by the Secretary to be undertaken in furtherance of this title.
(d)
For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate any officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission).
(e)
Nothing in this title shall be deemed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 3056 or 3056A of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service.
(f)
(1)
Upon a determination in each specific case by the Secretary of State or the Secretary's designee that the purpose of the Foreign Service Buildings Act, 1926, can best be met on the basis of an in-kind exchange of properties with a foreign country pursuant to subsection (b)(5), the Secretary of State may transfer funds made available under the heading “Acquisition and Maintenance of Buildings Abroad” (including funds held in the Foreign Service Buildings Fund) for such purpose to the Working Capital Fund, as provided in section 208(h)(1). Except for funds that may be provided by a foreign government for the purchase of property, only funds transferred under the preceding sentence may be used for the purposes of subsection (b)(5).
(2)
The Secretary of State may acquire property in the United States for the purposes of subsection (b)(5) only in the context of a specific reciprocal agreement with a specified foreign government. Property acquired by the United States in the foreign country through such an exchange shall benefit the United States at least to the same extent as the property acquired in the United States benefits the foreign government.
(3)
The Secretary of State shall prescribe regulations for the implementation of any in-kind exchange of properties pursuant to subsection (b)(5).
(4)
At least 15 days before entering into any reciprocal agreement for the exchange of property with another foreign government, the Secretary of State shall notify the Committee on Foreign Affairs and the Committee on Public Works and Transportation of the House of Representatives and the Committee on Foreign Relations of the Senate.
(5)
(A)
Proceeds from the disposition of properties acquired pursuant to this subsection shall be credited to the Foreign Service Buildings Fund (referred to in section 9 of the Foreign Service Buildings Act, 1926).
(B)
The authority to spend proceeds received under subparagraph (A) may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.

enforcement of compliance with liability insurance requirements
Sec. 204A.
[4303a]
The head of a foreign mission shall notify promptly the Secretary of the lapse or termination of any liability insurance coverage held by a member of the mission, by a member of the family of such member, or by an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946.
(2)
Not later than February 1 of each year, the head of each foreign mission shall prepare and transmit to the Secretary a report including a list of motor vehicles, vessels, and aircraft registered in the United States by members of the mission, members of the families of such members, individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, and by the mission itself. Such list shall set forth for each such motor vehicle, vessel, or aircraft—
(A)
the jurisdiction in which it is registered;
(B)
the name of insured;
(C)
the name of the insurance company;
(D)
the insurance policy number and the extent of insurance coverage; and
(E)
such other information as the Secretary may prescribe.
(b)
Whenever the Secretary finds that a member of a foreign mission, a member of the family of such member, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946—
(1)
is at fault for personal injury, death, or property damage arising out of the operation of a motor vehicle, vessel, or aircraft in the United States,
(2)
is not covered by liability insurance, and
(3)
has not satisfied a court-rendered judgment against him or is not legally liable,
the Secretary shall impose a surcharge or fee on the foreign mission of which such member or individual is a part, amounting to the unsatisfied portion of the judgment rendered against such member or individual or, if there is no court-rendered judgment an estimated amount of damages incurred by the victim. The payment of any such surcharge or fee shall be available only for compensation of the victim or his estate.
(c)
For purposes of this section—
(1)
the term “head of a foreign mission” has the same meaning as is ascribed to the term “head of a mission” in Article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227); and
(2)
the terms “members of a mission” and “family” have the same meanings as is ascribed to them by paragraphs (1) and (2) of section 2 of the Diplomatic Relations Act (22 U.S.C. 254a).
SEC. 204B.
[4303b]

CRIMES COMMITTED BY DIPLOMATS.
(a)

Annual Report Concerning Diplomatic Immunity.—
(1)

Report to congress.—
The Secretary of State shall prepare and submit to the Congress, annually, 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) 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, United States Code; 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.

property of foreign missions
Sec. 205.
[4305]
(a)
(1)
The Secretary shall require any foreign mission, including any mission to an international organization (as defined in section 209(b)(2)), to notify the Secretary prior to any proposed acquisition, or any proposed sale or other disposition, of any real property by or on behalf of such mission. The foreign mission (or other party acting on behalf of the foreign mission) may initiate or execute any contract, proceeding, application, or other action required for the proposed action—
(A)
only after the expiration of the 60–day period beginning on the date of such notification (or after the expiration of such shorter period as the Secretary may specify in a given case); and
(B)
only if the mission is not notified by the Secretary within that period that the proposal has been disapproved; however, the Secretary may include in such a notification such terms and conditions as the Secretary may determine appropriate in order to remove the disapproval.
(2)
For purposes of this section, “acquisition” includes any acquisition or alteration of, or addition to, any real property or any change in the purpose for which real property is used by a foreign mission.
(b)
The Secretary may require any foreign mission to divest itself of, or forgo the use of, any real property determined by the Secretary—
(1)
not to have been acquired in accordance with this section;
(2)
to exceed limitations placed on real property available to a United States mission in the sending State; or
(3)
where otherwise necessary to protect the interests of the United States.
(c)
If a foreign mission has ceased conducting diplomatic, consular, and other governmental activities in the United States and has not designated a protecting power or other agent approved by the Secretary to be responsible for the property of that foreign mission, the Secretary—
(1)
until the designation of a protecting power or other agent approved by the Secretary, may protect and preserve any property of that foreign mission; and
(2)
may dispose of such property at such time as the Secretary may determine after the expiration of the one-year period beginning on the date that the foreign mission ceased those activities, and may remit to the sending State the net proceeds from such disposition.
(d)
(1)
After the date of enactment of this subsection, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the foreign mission of a foreign country described in paragraph (4) if, in the judgment of the Secretary of Defense (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to intercept communications involving United States Government diplomatic, military, or intelligence matters.
(2)
After the date of enactment of this subsection, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the foreign mission of a foreign country described in paragraph (4) if, in the judgment of the Director of the Federal Bureau of Investigation (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to engage in intelligence activities directed against the United States Government, other than the intelligence activities described in paragraph (1).
(3)
The Secretary of State shall inform the Secretary of Defense and the Director of the Federal Bureau of Investigation immediately upon notice being given pursuant to subsection (a) of this section of a proposed acquisition of real property by or on behalf of the foreign mission of a foreign country described in paragraph (4).
(4)
For the purposes of this subsection, the term “foreign country” means—
(A)
any country listed as a Communist country in section 620(f) of the Foreign Assistance Act of 1961;
(B)
any country determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, to be a country which has repeatedly provided support for acts of international terrorism; and
(C)
any other country which engages in intelligence activities in the United States which are adverse to the national security interests of the United States.
(5)
As used in this section, the term “substantially improve” shall not be construed to prevent the establishment of a foreign mission by a country which, on the date of enactment of this section—
(A)
does not have a mission in the United States, or
(B)
with respect to a city in the United States, did not maintain a mission in that city.

location of foreign missions in the district of columbia
Sec. 206.
[4306]
(a)
The location, replacement, or expansion of chanceries in the District of Columbia shall be subject to this section.
(b)
(1)
A chancery shall be permitted to locate as a matter of right in any area which is zoned commercial, industrial, waterfront, or mixed-use (CR).
(2)
A chancery shall also be permitted to locate—
(A)
in any area which is zoned medium-high or high density residential, and
(B)
in any other area, determined on the basis of existing uses, which includes office or institutional uses, including but not limited to any area zoned mixed-use diplomatic or special purpose,
subject to disapproval by the District of Columbia Board of Zoning Adjustment in accordance with this section.
(3)
In each of the areas described in paragraphs (1) and (2), the limitations and conditions applicable to chanceries shall not exceed those applicable to other office or institutional uses in that area.
(c)
(1)
If a foreign mission wishes to locate a chancery in an area described in subsection (b)(2), or wishes to appeal an administrative decision relating to a chancery based in whole or in part upon any zoning map or regulation, it shall file an application with the Board of Zoning Adjustment which shall publish notice of that application in the District of Columbia Register.
(2)
Regulations issued to carry out this section shall provide appropriate opportunities for participation by the public in proceedings concerning the location, replacement, or expansion of chanceries.
(3)
A final determination concerning the location, replacement, or expansion of a chancery shall be made not later than six months after the date of the filing of an application with respect to such location, replacement, or expansion. Such determination shall not be subject to the administrative proceedings of any other agency or official except as provided in this title.
(d)
Any determination concerning the location of a chancery under subsection (b)(2), or concerning an appeal of an administrative decision with respect to a chancery based in whole or in part upon any zoning regulation or map, shall be based solely on the following criteria:
(1)
The international obligation of the United States to facilitate the provision of adequate and secure facilities for foreign missions in the Nation's Capital.
(2)
Historic preservation, as determined by the Board of Zoning Adjustment in carrying out this section; and in order to ensure compatibility with historic landmarks and districts, substantial compliance with District of Columbia and Federal regulations governing historic preservation shall be required with respect to new construction and to demolition of or alteration to historic landmarks.
(3)
The adequacy of off-street or other parking and the extent to which the area will be served by public transportation to reduce parking requirements, subject to such special security requirements as may be determined by the Secretary, after consultation with Federal agencies authorized to perform protective services.
(4)
The extent to which the area is capable of being adequately protected, as determined by the Secretary, after consultation with Federal agencies authorized to perform protective services.
(5)
The municipal interest, as determined by the Mayor of the District of Columbia.
(6)
The Federal interest, as determined by the Secretary.
(e)
(1)
Regulations, proceedings, and other actions of the National Capital Planning Commission, the Zoning Commission for the District of Columbia, and the Board of Zoning Adjustment affecting the location, replacement, or expansion of chanceries shall be consistent with this section (including the criteria set out in subsection (d)) and shall reflect the policy of this title.
(2)
Proposed actions of the Zoning Commission concerning implementation of this section shall be referred to the National Capital Planning Commission for review and comment.
(f)
Regulations issued to carry out this section shall provide for proceedings of a rule-making and not of an adjudicatory nature.
(g)
The Secretary shall require foreign missions to comply substantially with District of Columbia building and related codes in a manner determined by the Secretary to be not inconsistent with the international obligations of the United States.
(h)
Approval by the Board of Zoning Adjustment or the Zoning Commission or, except as provided in section 205, by any other agency or official is not required—
(1)
for the location, replacement, or expansion of a chancery to the extent that authority to proceed, or rights or interests, with respect to such location, replacement, or expansion were granted to or otherwise acquired by the foreign mission before the effective date of this section; or
(2)
for continuing use of a chancery by a foreign mission to the extent that the chancery was being used by a foreign mission on the effective date of this section.
(i)
(1)
The President may designate the Secretary of Defense, the Secretary of the Interior, or the Administrator of General Services (or such alternate as such official may from time to time designate) to serve as a member of the Zoning Commission in lieu of the Director of the National Park Service whenever the President determines that the Zoning Commission is performing functions concerning the implementation of this section.
(2)
Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the location, expansion, or replacement of a chancery—
(A)
the representative from the Zoning Commission shall be the Director of the National Park Service or if another person has been designated under paragraph (1) of this subsection, the person so designated; and
(B)
the representative from the National Capital Planning Commission shall be the Executive Director of that Commission.
(j)
Provisions of law (other than this title) applicable with respect to the location, replacement, or expansion of real property in the District of Columbia shall apply with respect to chanceries only to the extent that they are consistent with this section.

preemption
Sec. 207.
[4307]
Notwithstanding any other law, no act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this title. Nothing in section 202, 203, 204, or 205 may be construed to preempt any State or municipal law or governmental authority regarding zoning, land use, health, safety, or welfare, except that a denial by the Secretary involving a benefit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling.

general provisions
Sec. 208.
[4308]
(a)
The Secretary may issue such regulations as the Secretary may determine necessary to carry out the policy of this title.
(b)
Compliance with any regulation, instruction, or direction issued by the Secretary under this title shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court or administrative proceeding for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this title, or any regulation, instruction, or direction issued by the Secretary under this title.
(c)
For purposes of administering this title—
(1)
the Secretary may accept details and assignments of employees of Federal agencies to the Department of State on a reimbursable or nonreimbursable basis (with any such reimbursements to be credited to the appropriations made available for the salaries and expenses of officers and employees of the employing agency); and
(2)
the Secretary may, to the extent necessary to obtain services without delay, exercise his authority to employ experts and consultants under section 3109 of title 5, United States Code, without requiring compliance with such otherwise applicable requirements for that employment as the Secretary may determine, except that such employment shall be terminated after 60 days if by that time those requirements are not complied with.
(d)
Contracts and subcontracts for supplies or services, including personal services, made by or on behalf of the Secretary shall be made after advertising, in such manner and at such times as the Secretary shall determine to be adequate to ensure notice and opportunity for competition, except that advertisement shall not be required when (1) the Secretary determines that it is impracticable or will not permit timely performance to obtain bids by advertising, or (2) the aggregate amount involved in a purchase of supplies or procurement of services does not exceed $10,000. Such contracts and subcontracts may be entered into without regard to laws and regulations otherwise applicable to solicitation, negotiation, administration, and performance of government contracts. In awarding contracts, the Secretary may consider such factors as relative quality and availability of supplies or services and the compatibility of the supplies or services with implementation of this title.
(e)
The head of any Federal agency may, for purposes of this title—
(1)
transfer or loan any property to, and perform administrative and technical support functions and services for the operations of, the Department of State (with reimbursements to agencies under this paragraph to be credited to the current applicable appropriation of the agency concerned); and
(2)
acquire and accept services from the Department of State, including (whenever the Secretary determines it to be in furtherance of the purposes of this title) acquisitions without regard to laws normally applicable to the acquisition of services by such agency.
(f)
Assets of or under the control of the Department of State, wherever situated, which are used by or held for the use of a foreign mission shall not be subject to attachment, execution, injunction, or similar process, whether intermediate or final.
(g)
Except as otherwise provided, any determination required under this title shall be committed to the discretion of the Secretary.
(h)
(1)
In order to implement this title, the Secretary may transfer to the working capital fund established by section 13 of this Act such amounts available to the Department of State as may be necessary.
(2)
All revenues, including proceeds from gifts and donations, received by the Secretary in carrying out this title may be credited to the working capital fund established by section 13 of this Act and shall be available for purposes of this title in accordance with that section.
(3)
Only amounts transferred or credited to the working capital fund established by section 13 of this Act may be used in carrying out the functions of the Secretary or the Director under this title.

application to public international organizations and official missions to such organizations
Sec. 209.
[4309]
(a)
The Secretary may make section 206, or any other provision of this title, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 201(b) and to further the objectives set forth in section 204(b).
(b)
For purposes of this section, “international organization” means—
(1)
a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288—288f–2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and
(2)
an official mission (other than a United States mission) to such a public international organization,
including any real property of such an organization or mission and including the personnel of such an organization or mission.

united states responsibilities for employees of the united nations
Sec. 209A.
[4309a]
(a)

Findings.—
The Congress finds that—
(1)
pursuant to the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (authorized by Public Law 80–357 (22 U.S.C. 287 note)), the United States has accepted—
(A)
the obligation to permit and to facilitate the right of individuals, who are employed by or are authorized by the United Nations to conduct official business in connection with that organization or its agencies, to enter into and exit from the United States for purposes of conducting official activities within the United Nations Headquarters District, subject to regulation as to points of entry and departure; and
(B)
the implied obligation to permit and to facilitate the acquisition of facilities in order to conduct such activities within or in proximity to the United Nations Headquarters District, subject to reasonable regulation including regulation of the location and size of such facilities; and
(2)
taking into account paragraph (1) and consistent with the obligation of the United States to facilitate the functioning of the United Nations, the United States has no additional obligation to permit the conduct of any other activities, including nonofficial activities, by such individuals outside of the United Nations Headquarters District.
(b)

Activities of United Nations Employees.—
(1)
The conduct of any activities, or the acquisition of any benefits (as defined in section 201(a)(1) of this title), outside the United Nations Headquarters District by any individual employed by, or authorized by the United Nations to conduct official business in connection with that organization or its agencies, or by any person or agency acting on behalf thereof, may be permitted or denied or subject to reasonable regulation, as determined to be in the best interest of the United States and pursuant to this title.
(c)

Reports.—
The Secretary shall report to the Congress—
(1)
not later than 30 days after the date of the enactment of this section, on the plans of the Secretary for implementing this section; and
(2)
not later than 6 months thereafter, on the actions taken pursuant to those plans.
(d)

United States Nationals.—
This section shall not apply with respect to any United States national.
(e)

Definitions.—
For purposes of this section, the term “United Nations Headquarters District” means the area within the United States which is agreed to by the United Nations and the United States to constitute such a district, together with such other areas as the Secretary of State may approve from time to time in order to permit effective functioning of the United Nations or missions to the United Nations.

privileges and immunities
Sec. 210.
[4310]
Nothing in this title shall be construed to limit the authority of the United States to carry out its international obligations, or to supersede or limit immunities otherwise available by law. No act or omission by any foreign mission, public international organization, or official mission to such an organization, in compliance with this title shall be deemed to be an implied waiver of any immunity otherwise provided for by law.

enforcement
Sec. 211.
[4311]
(a)
It shall be unlawful for any person to make available any benefits to a foreign mission contrary to this title. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this title, including any action for injunctive or other equitable relief.
(b)
Upon the request of any Federal agency, any State or local government agency, or any business or other person that proposes to enter into a contract or other transaction with a foreign mission, the Secretary shall advise whether the proposed transaction is prohibited by any regulation or determination of the Secretary under this title.

presidential guidelines
Sec. 212.
[4312]
The authorities granted to the Secretary pursuant to the provisions of this title shall be exercised in accordance with procedures and guidelines approved by the President.

severability
Sec. 213.
[4313]
If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of such provision to any other person or circumstance shall not be affected thereby.

extraordinary protective services
Sec. 214.
[4314]
(a)

General Authority.—
The Secretary may provide extraordinary protective services for foreign missions directly, by contract, or through State or local authority to the extent deemed necessary by the Secretary in carrying out this title, except that the Secretary may not provide under this section any protective services for which authority exists to provide such services under subsections (a)(7) and (d) of section 3056A of title 18, United States Code.
(b)

Requirement of Extraordinary Circumstances.—
The Secretary may provide funds to a State or local authority for protective services under this section only if the Secretary has determined that a threat of violence, or other circumstances, exists which requires extraordinary security measures which exceed those which local law enforcement agencies can reasonably be expected to take.
(c)
Repealed.
(d)

Restrictions on Use of Funds.—
Of the funds made available for obligation under this section in any fiscal year—
(1)
not more than 20 percent may be obligated for protective services within any single State during that year; and
(2)
not less than 15 percent shall be retained as a reserve for protective services provided directly by the Secretary or for expenditures in local jurisdictions not otherwise covered by an agreement for protective services under this section.
The limitations on funds available for obligation in this subsection shall not apply to unobligated funds during the final quarter of any fiscal year.
(e)

Period of Agreement With State or Local Authority.—
Any agreement with a State or local authority for the provision of protective services under this section shall be for a period of not to exceed 90 days in any calendar year, but such agreements may be renewed after review by the Secretary.
(f)

Requirement for Appropriations.—
Contracts may be entered into in carrying out this section only to such extent or in such amounts as are provided in advance in appropriation Acts.
(g)

Working Capital Fund.—
Amounts used to carry out this section shall not be subject to section 208(h).

use of foreign mission in a manner incompatible with its status as a foreign mission
Sec. 215.
[4315]
(a)

Establishment of Limitation on Certain Uses.—
A foreign mission may not allow an unaffiliated alien the use of any premise of that foreign mission which is inviolable under United States law (including any treaty) for any purpose which is incompatible with its status as a foreign mission, including use as a residence.
(b)

Temporary Lodging.—
For the purposes of this section, the term “residence” does not include such temporary lodging as may be permitted under regulations issued by the Secretary.
(c)

Waiver.—
The Secretary may waive subsection (a) with respect to all foreign missions of a country (and may revoke such a waiver) 30 days after providing written notification of such a waiver, together with the reasons for such waiver (or revocation of such a waiver), to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(d)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Congress concerning the implementation of this section and shall submit such other reports to the Congress concerning changes in implementation as may be necessary.
(e)

Definitions.—
For the purposes of this section—
(1)
the term “foreign mission” includes any international organization as defined in section 209(b); and
(2)
the term “unaffiliated alien” means, with respect to a foreign country, an alien who—
(A)
is admitted to the United States as a nonimmigrant, and
(B)
is not a member, or a family member of a member, of a foreign mission of that foreign country.

application of travel restrictions to personnel of certain countries and organizations
Sec. 216.
[4316]
(a)

Requirement for Restrictions.—
The Secretary shall apply the same generally applicable restrictions to the travel while in the United States of the individuals described in subsection (b) as are applied under this title to the members of the missions of the Soviet Union in the United States.
(b)

Individuals Subject to Restrictions.—
The restrictions required by subsection (a) shall be applied with respect to those individuals who (as determined by the Secretary) are—
(1)
the personnel of an international organization, if the individual is a national of any foreign country whose government engages in intelligence activities in the United States that are harmful to the national security of the United States;
(2)
the personnel of a mission to an international organization, if that mission is the mission of a foreign government that engages in intelligence activities in the United States that are harmful to the national security of the United States; or
(3)
the family members or dependents of an individual described in paragraphs (1) and (2);
and who are not nationals or permanent resident aliens of the United States.
(c)

Waivers.—
The Secretary, after consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation, may waive application of the restrictions required by subsection (a) if the Secretary determines that the national security and foreign policy interests of the United States so require.
(e)

Definitions.—
For purposes of this section—
(1)
the term “generally applicable restrictions” means any limitations on the radius within which unrestricted travel is permitted and obtaining travel services through the auspices of the Office of Foreign Missions for travel elsewhere, and does not include any restrictions which unconditionally prohibit the members of missions of the Soviet Union in the United States from traveling to designated areas of the United States and which are applied as a result of particular factors in relations between the United States and the Soviet Union.
(2)
the term “international organization” means an organization described in section 209(b)(1); and
(3)
the term “personnel” includes—
(A)
officers, employees, and any other staff member, and
(B)
any individual who is retained under contract or other arrangement to serve functions similar to those of an officer, employee, or other staff member.
TITLE III—

DISPOSITION OF PERSONAL PROPERTY ABROAD

definitions
Sec. 301.
[4341]
For purposes of this title, the following terms have the following meanings:
(1)
The term “employee” means an individual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) and who is—
(A)
an employee as defined by section 2105 of title 5, United States Code;
(B)
an officer or employee of the United States Postal Service or of the Postal Rate Commission;
(C)
a member of a uniformed service who is not under the command of an area military commander; or
(D)
an expert or consultant as authorized pursuant to section 3109 of title 5, United States Code, with the United States or any agency, department, or establishment thereof; but is not a national or permanent resident of the foreign country in which employed.
(2)
The term “contractor” means—
(A)
an individual employed by personal services contract pursuant to section 2(c) of this Act (22 U.S.C. 2669(c)), section 636(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(3)), or pursuant to other similar authority, including, in the case of an organization performing services under such authority, an individual involved in the performance of such services; and
(B)
such other individuals or firms providing goods or services by contract as are designated by regulations issued pursuant to section 303;
but does not include a contractor with or under the supervision of an area military commander.
(3)
The term “charitable contribution” means a contribution or gift as defined in section 170(c) of the Internal Revenue Code of 1986, or other similar contribution or gift to a bona fide charitable foreign entity as determined pursuant to regulations or policies issued pursuant to section 303.
(4)
The term “chief of mission” has the meaning given such term by section 102(3) of the Foreign Service Act of 1980 (22 U.S.C. 2902(3)).
(5)
The term “foreign country” means any country or territory, excluding the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, American Samoa, Guam, the Virgin Islands, and other territories or possessions of the United States.
(6)
The term “personal property” means any item of personal property, including automobiles, computers, boats, audio and video equipment, and any other items acquired for personal use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 303.
(7)
The term “profit” means any proceeds (including cash and other valuable consideration but not including amounts of such proceeds given as charitable contributions) for the sale, disposition, or assignment of personal property in excess of the basis for such property. For purposes of this title, basis shall include initial price, inland and overseas transportation costs (if not reimbursed by the United States Government), shipping insurance, taxes, customs fees, duties or other charges, and capital improvements, but shall not include insurance on an item while in use, or maintenance and related costs. For purposes of computing profit, proceeds and costs shall be valued in United States dollars at the time of receipt or payment, at a rate of exchange as determined by regulation or policy issued pursuant to section 303.

limitations on disposition of personal property
Sec. 302.
[4342]
(a)

General Rule.—
Except as authorized under subsection (b), employees or members of their family shall not sell, assign, or otherwise dispose of personal property within a foreign country which was imported into or purchased within that foreign country and which, by virtue of the official status of the employee, was exempt from import limitation, customs duties, or taxes which would otherwise apply.
(b)

Approval by Chief of Mission.—
The chief of mission to a foreign country, or a designee of such chief of mission, is authorized to approve within that foreign country sales, assignment, or other dispositions of property by employees under the chief of mission's jurisdiction (as described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) to the extent that such sale, assignment, or other disposition is in accordance with regulations and policies, rules, and procedures issued pursuant to section 303.
(c)

Violation.—
Violation of this section, or other importation, sale, or other disposition of personal property within a foreign country which violates its laws or regulations or governing international law and is prohibited by regulations and policies, rules, and procedures issued pursuant to section 303, shall be grounds for disciplinary action against an employee.

regulations
Sec. 303.
[4343]
(a)

Issuance; Purpose.—
The Secretary of State may issue regulations to carry out the purposes of this title. The primary purpose of such regulations and related policies, rules, and procedures shall be to assure that employees and members of their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes.
(b)

Contractors.—
Such regulations shall require that, to the extent contractors enjoy importation or tax privileges in a foreign country because of their contractual relationship to the United States Government, after the effective date of this title contracting agencies shall include provisions in their contracts to carry out the purpose of this title.
(c)

Chief of Mission.—
In order to ensure that due account is taken of local conditions, including applicable laws, markets, exchange rate factors, and accommodation exchange facilities, such regulations may authorize the chief of mission to each foreign country to establish more detailed policies, rules, or procedures for the application of this title within that country to employees under the chief of mission's jurisdiction.
TITLE IV—

FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES
SEC. 401.
[4351]

GENERAL AUTHORITY AND CONTENTS OF PUBLICATION.
(a)

Charter of the Publication.—
The Department of State shall continue to publish the “Foreign Relations of the United States historical series” (hereafter in this title referred to as the “FRUS series”), which shall be a thorough, accurate, and reliable documentary record of major United States foreign policy decisions and significant United States diplomatic activity. Volumes of this publication shall include all records needed to provide a comprehensive documentation of the major foreign policy decisions and actions of the United States Government, including the facts which contributed to the formulation of policies and records providing supporting and alternative views to the policy position ultimately adopted.
(b)

Editing Principles.—
The editing of records for preparation of the FRUS series shall be guided by the principles of historical objectivity and accuracy. Records shall not be altered and deletions shall not be made without indicating in the published text that a deletion has been made. The published record shall omit no facts which were of major importance in reaching a decision, and nothing shall be omitted for the purpose of concealing a defect of policy.
(c)

Deadline for Publication of Records.—
The Secretary of State shall ensure that the FRUS series shall be published not more than 30 years after the events recorded.
SEC. 402.
[4352]

RESPONSIBILITY FOR PREPARATION OF THE FRUS SERIES.
(a)

In General.—
(1)
(A)
The Historian of the Department of State shall be responsible for the preparation of the FRUS series, including the selection of records, in accordance with the provisions of this title.
(B)
The Advisory Committee on Historical Diplomatic Documentation shall review records, and shall advise and make recommendations to the Historian concerning all aspects of preparation and publication of the FRUS series, including, in accordance with the procedures contained in section 403, the review and selection of records for inclusion in volumes of the series.
(2)
Other departments, agencies, and other entities of the United States Government shall cooperate with the Office of the Historian by providing full and complete access to the records pertinent to United States foreign policy decisions and actions and by providing copies of selected records in accordance with the procedures developed under section 403, except that no access to any record, and no provision of any copy of a record, shall be required in the case of any record that was prepared less than 20 years before the date of a request for such access or copy made by the Office of the Historian.
(b)

National Archives and Records Administration.—
Notwithstanding any other provision of this title, the requirement for the National Archives and Records Administration to provide access to, and copies of, records to the Department of State for the FRUS series shall be governed by chapter 21 of title 44, United States Code, by any agreement concluded between the Department of State and the National Archives and Records Administration, and, in the case of Presidential records, by section 2204 of such title.
SEC. 403.
[4353]

PROCEDURES FOR IDENTIFYING RECORDS FOR THE FRUS SERIES; DECLASSIFICATION, REVISIONS, AND SUMMARIES.
(a)

Development of Procedures.—
Not later than 180 days after the date of enactment of this title, each department, agency, or other entity of the United States Government engaged in foreign policy formulation, execution, or support shall develop procedures for its historical office (or a designated individual in the event that there is no historical office)—
(1)
to coordinate with the State Department's Office of the Historian in selecting records for possible inclusion in the FRUS series;
(2)
to permit full access to the original, unrevised records by such individuals holding appropriate security clearances as have been designated by the Historian as liaison to that department, agency, or entity, for purposes of this title, and by members of the Advisory Committee; and
(3)
to permit access to specific types of records not selected for inclusion in the FRUS series by the individuals identified in paragraph (2) when requested by the Historian in order to confirm that records selected by that department, agency, or entity accurately represent the policymaking process reflected in the relevant part of the FRUS series.
(b)

Declassification Review.—
(1)
Subject to the provisions of this subsection, records selected by the Historian for inclusion in the FRUS series shall be submitted to the respective originating agency for declassification review in accordance with that agency's procedures for such review, except that such declassification review shall be completed by the originating agency within 120 days after such records are submitted for review. If the originating agency determines that any such record is not declassifiable because of a continuing need to protect sources and methods for the collection of intelligence information or to protect other sensitive national security information, then the originating agency shall attempt to make such deletions in the text as will make the record declassifiable.
(2)
If the Historian determines that the meaning of the records proposed for inclusion in a volume of the FRUS series would be so altered or changed by deletions made under paragraph (1) that publication in that condition could be misleading or lead to an inaccurate or incomplete historical record, then the Historian shall take steps to achieve a satisfactory resolution of the problem with the originating agency. Within 60 days of receiving a proposed solution from the Historian, the originating agency shall furnish the Historian a written response agreeing to the solution or explaining the reasons for the alteration or deletion.
(3)
The Historian shall inform the Advisory Committee of any failure by an originating agency to complete its declassification review of a record within 120 days and of any steps taken under paragraph (2).
(4)
If the Advisory Committee determines that the meaning of the records proposed for inclusion in a volume of the FRUS series would be so altered or changed by deletions made under paragraph (1), or if the Advisory Committee determines as a result of inspection of other documents under subsection (a)(3) that the selection of documents could be misleading or lead to an inaccurate or incomplete historical record, then the Advisory Committee shall so advise the Secretary of State and submit recommendations to resolve the issue.
(5)
(A)
The Advisory Committee shall have full and complete access to the original text of any record in which deletions have been made. In the event that the head of any originating agency considers it necessary to deny access by the Advisory Committee to the original text of any record, that agency head shall promptly notify the Advisory Committee in writing, describing the nature of the record in question and the justification for withholding that record.
(B)
The Historian shall provide the Advisory Committee with a complete list of the records described in subparagraph (A).
(6)
If a record is deleted in whole or in part as a result of review under this subsection then a note to that effect shall be inserted at the appropriate place in the FRUS volume.
SEC. 404.
[4354]

DECLASSIFICATION OF STATE DEPARTMENT RECORDS.
(a)

Deadline for Declassification.—
(1)
Except as provided in subsection (b), each classified record of permanent historical value (as determined by the Secretary of State and the Archivist of the United States) which was published, issued, or otherwise prepared by the Department of State (or any officer or employee thereof acting in an official capacity) shall be declassified not later than 25 years after the record was prepared, shall be transferred to the National Archives and Records Administration, and shall be made available at the National Archives for public inspection and copying.
(2)
Nothing in this subsection may be construed to require the declassification of a record wholly prepared by a foreign government.
(b)

Exempted Records.—
Subsection (a) shall not apply to any record (or portion thereof) the publication of which the Secretary of State, in coordination with any agency that originated information in the records, determines—
(1)
would compromise weapons technology important to the national defense of the United States or reveal sensitive information relating to the design of United States or foreign military equipment or relating to United States cryptologic systems or activities;
(2)
would disclose the names or identities of living persons who provided confidential information to the United States and would pose a substantial risk of harm to such persons;
(3)
would demonstrably impede current diplomatic negotiations or other ongoing official activities of the United States Government or would demonstrably impair the national security of the United States; or
(4)
would disclose matters that are related solely to the internal personnel rules and practices of the Department of State or are contained in personnel, medical, or similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
(c)

Review.—
(1)
The Advisory Committee shall review—
(A)
the State Department's declassification procedures,
(B)
all guidelines used in declassification, including those guidelines provided to the National Archives and Records Administration which are in effect on the date of enactment of this title, and
(C)
by random sampling, records representative of all Department of State records published, issued, or otherwise prepared by the Department of State that remain classified after 30 years.
(2)
In the event that the Secretary of State considers it necessary to deny access to records under paragraph (1)(C), the Secretary shall notify the Advisory Committee in writing, describing the nature of the records in question and the justification for withholding them.
(d)

Annual Reports by the Advisory Committee.—
The Advisory Committee shall annually submit to the Secretary of State and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report setting forth its findings from the review conducted under subsection (c).
(e)

Annual Reports by the Secretary.—
(1)

In general.—
Not later than March 1 of each year, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives on the compliance of the Department of State with the provisions of this title, including—
(A)
the volumes published in the previous calendar year;
(B)
the degree to which the Department is not in compliance with the deadline set forth in section 401(c); and
(C)
the factors relevant to the inability of the Department to comply with the provisions of this title, including section 401(c).
(2)

Form of reports.—
Each report required to be submitted by paragraph (1) shall be submitted in unclassified form, together with a classified annex if necessary.
SEC. 405.
[4355]

RELATIONSHIP TO THE PRIVACY ACT AND THE FREEDOM OF INFORMATION ACT.
(a)

Privacy Act.—
Nothing in this title may be construed as requiring the public disclosure of records or portions of records protected under section 552a of title 5, United States Code (relating to the privacy of personal records).
(b)

Freedom of Information Act.—
(1)
Except as provided in paragraph (2), no record (or portion thereof) shall be excluded from publication in the FRUS series under section 403, or exempted from the declassification requirement of section 404, solely by virtue of the application of section 552(b) of title 5, United States Code (relating to the exemption of certain matters from freedom of information requirements).
(2)
Records described in section 222(f) of the Immigration and Nationality Act (relating to visa records) shall be excluded from publication in the FRUS series under section 403 and, to the extent applicable, exempted from the declassification requirement of section 404.
SEC. 406.
[4356]

ADVISORY COMMITTEE.
(a)

Establishment.—
(1)
There is established on a permanent basis the Advisory Committee on Historical Diplomatic Documentation for the Department of State. The activities of the Advisory Committee shall be coordinated by the Office of the Historian of the Department of State.
(2)
The Advisory Committee shall be composed of 9 members and an executive secretary. The Historian shall serve as executive secretary.
(3)
(A)
The members of the Advisory Committee shall be appointed by the Secretary of State from among distinguished historians, political scientists, archivists, international lawyers, and other social scientists who have a demonstrable record of substantial research pertaining to the foreign relations of the United States. No officer or employee of the United States Government shall be appointed to the Advisory Committee.
(B)
(i)
Six members of the Advisory Committee shall be appointed from lists of individuals nominated by the American Historical Association, the Organization of American Historians, the American Political Science Association, Society of American Archivists, the American Society of International Law, and the Society for Historians of American Foreign Relations. One member shall be appointed from each list.
(ii)
If an organization does not submit a list of nominees under clause (i) in a timely fashion, the Secretary of State shall make an appointment from among the nominees on other lists.
(b)

Terms of Service for Appointments.—
(1)
Except as provided in paragraph (2), members of the Advisory Committee shall be appointed for terms of three years.
(2)
Of the members first appointed, as designated by the Secretary of State at the time of their appointment (after consultation with the appropriate organizations) three shall be appointed for terms of one year, three shall be appointed for terms of two years, and three shall be appointed for terms of three years.
(3)
Each term of service under paragraph (1) shall begin on September 1 of the year in which the appointment is made.
(4)
A vacancy in the membership of the Advisory Committee shall be filled in the same manner as provided under this subsection to make the original appointment. A member appointed to fill a vacancy occurring before the expiration of a term shall serve for the remainder of that term. A member may continue to serve when his or her term expires until a successor is appointed. A member may be appointed to a new term upon the expiration of his or her term.
(c)

Selection of Chairperson.—
The Advisory Committee shall select, from among its members, a chairperson to serve a term of 1 year. A chairperson may be reelected upon expiration of his or her term as chairperson.
(d)

Meetings.—
A majority of the members of the Advisory Committee shall constitute a quorum. The Advisory Committee shall meet at least quarterly or as frequently as may be necessary to carry out its duties.
(e)

Security Clearances.—
(1)
All members of the Advisory Committee shall be granted the necessary security clearances, subject to the standard procedures for granting such clearances.
(2)
For purposes of any law or regulation governing access to classified records, a member of the Advisory Committee seeking access under this paragraph to a record shall be deemed to have a need to know.
(f)

Compensation.—
(1)
Members of the Advisory Committee—
(A)
shall each receive compensation at a rate of not to exceed the daily equivalent of the annual rate of basic pay payable for positions at GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day such member is engaged in the actual performance of the duties of the Advisory Committee; and
(B)
shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services of the Advisory Committee.
(2)
The Secretary of State is authorized to provide for necessary secretarial and staff assistance for the Advisory Committee.
(3)
Chapter 10 of title 5, United States Code, shall not apply to the Advisory Committee to the extent that the provisions of this title are inconsistent with that chapter.
SEC. 407.
[4357]

DEFINITIONS.
For purposes of this title—
(1)
the term “Advisory Committee” means the Advisory Committee on Historical Diplomatic Documentation for the Department of State;
(2)
the term “Historian” means the Historian of the Department of State or any successor officer of the Department of State responsible for carrying out the functions of the Office of the Historian, Bureau of Public Affairs, of the Department of State, as in effect on the date of enactment of this title;
(3)
the term “originating agency” means, with respect to a record, the department, agency, or entity of the United States (or any officer or employee thereof of acting in his official capacity) that originates, develops, publishes, issues, or otherwise prepares that record or receives that record from outside the United States Government; and
(4)
the term “record” includes any written material (including any document, memorandum, correspondence, statistical data, book, or other papers), map, photograph, machine readable material, or other documentary material, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value in them, and such term does not include library or museum material made or acquired and preserved solely for reference or exhibition purposes, any extra copy of a document preserved only for convenience of reference, or any stocks of publications or of processed documents.