22 U.S.C. § 2697 — Acceptance of gifts on behalf of United

Page 1131 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2697 in foreign currency exchange rates and overseas wage and price changes which occur after Nov. 30 of the ear- lier of the calendar year which ended during the fiscal year preceding such fiscal year or the calendar year which preceded the calendar year during which the au- thorization of appropriations for such fiscal year was enacted, for provision authorizing appropriations to offset adverse fluctuations in foreign currency ex- change rates occurring after Nov. 30 of the preceding fiscal year, and added pars. (2) to (6). Statutory Notes and Related Subsidiaries REFERENCES TO DIPLOMATIC AND CONSULAR PROGRAMS ACCOUNT References to the Diplomatic and Consular Programs account to be construed to include the Diplomatic Pro- grams account in fiscal year 2020 and each fiscal year thereafter. See par. (7) of title I of div. G of Pub. L. 116–94, set out as a note under section 2651 of this title. EFFECTIVE DATE Pub. L. 96–60, title I, § 105(b), Aug. 15, 1979, 93 Stat. 396, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect on October 1, 1979.’’ § 2697. Acceptance of gifts on behalf of United States (a) Unconditional and conditional gifts The Secretary of State may accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the De- partment of State (including the Foreign Serv- ice) or for the carrying out of any of its func- tions. Conditional gifts may be so accepted at the discretion of the Secretary, and the prin- cipal 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 Con- gress. (b) Disposition Any unconditional gift of money accepted under subsection (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 liq- uidation 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 Sec- retary 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 invest- ments shall be available for expenditure in the operation of the Department of State (including the Foreign Service) and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Foreign Service by the Congress, but shall not be expended for representational purposes at United States missions except in accordance with the conditions that apply to appropriated funds. (c) Evidences of unconditional gift of intangible personal property The evidences of any unconditional gift of in- tangible 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 re- quired in the operation of the Department of State (including the Foreign Service) or the per- formance of its functions. (d) Use of real property or tangible personal property received unconditionally (1) The Secretary of State shall hold any real property or any tangible personal property ac- cepted unconditionally pursuant to subsection (a) and shall either use such property for the op- eration 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 op- eration 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 Sec- retary of State the purposes of the gift will be served thereby. The Secretary of State may in- sure any property held under this subsection. Except as provided in paragraph (2), the Sec- retary shall deposit the income from any prop- erty held under this subsection with the Sec- retary of the Treasury as provided in subsection (b). (2) The income from any real property or tan- gible personal property held under this sub- section shall be available for expenditure at the discretion of the Secretary of State for the maintenance, preservation, or repair and insur- ance of such property and any proceeds from in- surance may be used to restore the property in- sured. (e) Taxation For the purpose of Federal income, estate, and gift taxes, any gift, devise, or bequest accepted under this section shall be deemed to be a gift, devise, or bequest to and for the use of the United States. (f) Availability of statutory authorities to Broad- casting Board and Administrator of AID The authorities available to the Secretary of State under this section with respect to the De- partment of State shall be available to the Broadcasting Board of Governors and the Ad- ministrator of the Agency for International De- velopment with respect to the Board and the Agency. (Aug. 1, 1956, ch. 841, title I, § 25, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2153; renumbered title I and amended Pub. L. 97–241, title II, § 202(a), title III, § 303(b), Aug. 24, 1982, 96 Stat. 282, 291; Pub. L. 100–204, title I, § 125, Dec. 22, 1987, 101 Stat. 1341; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(2), title XIV, § 1422(b)(3)(A), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792.) Page 1132 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2698 1 So in original. The comma probably should not appear. Editorial Notes AMENDMENTS 1998—Subsec. (f). Pub. L. 105–277, § 1422(b)(3)(A), sub- stituted ‘‘Administrator of the Agency for Inter- national Development’’ for ‘‘Director of the United States International Development Cooperation Agen- cy’’. Pub. L. 105–277, § 1335(l)(2), substituted ‘‘Broadcasting Board of Governors’’ for ‘‘Director of the United States Information Agency’’ and ‘‘with respect to the Board and the Agency’’ for ‘‘with respect to their respective agencies’’. 1987—Subsec. (b). Pub. L. 100–204 inserted ‘‘, but shall not be expended for representational purposes at United States missions except in accordance with the conditions that apply to appropriated funds’’ before pe- riod at end of last sentence. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. ‘‘Director of the United States Information Agency’’ substituted for ‘‘Director of the International Commu- nication Agency’’ in subsec. (f), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1335(l)(2) of Pub. L. 105–277 ef- fective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. Amendment by section 1422(b)(3)(A) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title. EFFECTIVE DATE Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of this title. OFFICIAL RESIDENCE OF SECRETARY OF STATE Pub. L. 100–204, title I, § 132, Dec. 22, 1987, 101 Stat. 1344, provided that: ‘‘The Department of State shall not solicit or receive funds for the construction, purchase, lease or rental of, nor any gift or bequest of real prop- erty or any other property for the purpose of providing living quarters for the Secretary of State.’’ Pub. L. 99–93, title I, § 130, Aug. 16, 1985, 99 Stat. 420, provided that: ‘‘(a) CONGRESSIONAL REVIEW.—It is the sense of the Congress that the United States should not accept a gift of any house or other place of residence for the pur- pose of providing an official residence for the Secretary of State unless the Congress has had an opportunity to review the proposed gift. ‘‘(b) STUDY AND REPORT.—The Secretary of State shall conduct a study of any offer of a gift for the pur- pose of providing a place of official residence for the Secretary of State. Such study shall include an exam- ination of the costs to the United States associated with accepting such gift, including the costs of acquisi- tion, maintenance, security, and daily operation of a residence. The Secretary shall report the results of any study conducted under this section to the Committee on Foreign Affairs and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives and to the Committee on Foreign Relations and the Com- mittee on Environment and Public Works of the Sen- ate.’’ § 2698. Procurement of legal services (a) The Secretary of State may, without re- gard to section 3106 of title 5, authorize a prin- cipal officer of the Foreign Service to procure legal services whenever such services are re- quired for the protection of the interests of the Government or to enable a member of the Serv- ice to carry on the member’s work efficiently. (b) The authority available to the Secretary of State under this section shall be available to the Broadcasting Board of Governors,1 and the Ad- ministrator of the Agency for International De- velopment with respect to the Board and the Agency. (Aug. 1, 1956, ch. 841, title I, § 26, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 101–246, title III, § 303, Feb. 16, 1990, 104 Stat. 64; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(3), title XIV, § 1422(b)(3)(B), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 802(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.) Editorial Notes AMENDMENTS 1999—Subsec. (b). Pub. L. 106–113 made technical cor- rection to directory language of Pub. L. 105–277, § 1422(b)(3)(B). See 1998 Amendment note below. 1998—Subsec. (b). Pub. L. 105–277, § 1422(b)(3)(B), as amended by Pub. L. 106–113, substituted ‘‘Administrator of the Agency for International Development’’ for ‘‘Di- rector of the United States International Development Cooperation Agency’’. Pub. L. 105–277, § 1335(l)(3), substituted ‘‘Broadcasting Board of Governors,’’ for ‘‘Director of the United States Information Agency, the chairman of the Board for International Broadcasting,’’ and ‘‘with respect to the Board and the Agency’’ for ‘‘with respect to their re- spective agencies’’. 1990—Subsec. (b). Pub. L. 101–246 substituted ‘‘United States Information Agency, the chairman of the Board for International Broadcasting,’’ for ‘‘International Communication Agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1335(l)(3) of Pub. L. 105–277 ef- fective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. Amendment by section 1422(b)(3)(B) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title. EFFECTIVE DATE Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of this title.