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40 U.S.C. § 701 — Administrative
Federal law — U.S. Code and appendices · legal_authorities
Page 89
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 701
Sec.
704.
Other methods of disposal.
705.
Handling of proceeds from disposal.
§ 701. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—
The President may prescribe policies that the
President considers necessary to carry out this
chapter. The policies must be consistent with
this chapter.
(b) EXECUTIVE AGENCY RESPONSIBILITY.—
(1) IN GENERAL.—The head of an executive
agency that has foreign excess property is re-
sponsible for the disposal of the property.
(2) CONFORMANCE
TO
POLICIES.—In carrying
out functions under this chapter, the head of
an executive agency shall—
(A) use the policies prescribed by the
President under subsection (a) for guidance;
and
(B) dispose of foreign excess property in a
manner that conforms to the foreign policy
of the United States.
(3) DELEGATION OF AUTHORITY.—The head of
an executive agency may—
(A) delegate authority conferred by this
chapter to an official in the agency or to the
head of another executive agency; and
(B) authorize successive redelegation of
authority conferred by this chapter.
(4) EMPLOYMENT
OF
PERSONNEL.—As nec-
essary to carry out this chapter, the head of
an executive agency may—
(A) appoint and fix the pay of personnel in
the United States, subject to chapters 33 and
51 and subchapter III of chapter 53 of title 5;
and
(B) appoint personnel outside the States of
the United States and the District of Colum-
bia, without regard to chapter 33 of title 5.
(c) SPECIAL RESPONSIBILITIES OF SECRETARY OF
STATE.—
(1) USE
OF
FOREIGN
CURRENCIES
AND
CRED-
ITS.—The Secretary of State may use foreign
currencies and credits acquired by the United
States under section 704(b)(2) of this title—
(A) to carry out the Mutual Educational
and
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Page 89
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 701
Sec.
704.
Other methods of disposal.
705.
Handling of proceeds from disposal.
§ 701. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—
The President may prescribe policies that the
President considers necessary to carry out this
chapter. The policies must be consistent with
this chapter.
(b) EXECUTIVE AGENCY RESPONSIBILITY.—
(1) IN GENERAL.—The head of an executive
agency that has foreign excess property is re-
sponsible for the disposal of the property.
(2) CONFORMANCE
TO
POLICIES.—In carrying
out functions under this chapter, the head of
an executive agency shall—
(A) use the policies prescribed by the
President under subsection (a) for guidance;
and
(B) dispose of foreign excess property in a
manner that conforms to the foreign policy
of the United States.
(3) DELEGATION OF AUTHORITY.—The head of
an executive agency may—
(A) delegate authority conferred by this
chapter to an official in the agency or to the
head of another executive agency; and
(B) authorize successive redelegation of
authority conferred by this chapter.
(4) EMPLOYMENT
OF
PERSONNEL.—As nec-
essary to carry out this chapter, the head of
an executive agency may—
(A) appoint and fix the pay of personnel in
the United States, subject to chapters 33 and
51 and subchapter III of chapter 53 of title 5;
and
(B) appoint personnel outside the States of
the United States and the District of Colum-
bia, without regard to chapter 33 of title 5.
(c) SPECIAL RESPONSIBILITIES OF SECRETARY OF
STATE.—
(1) USE
OF
FOREIGN
CURRENCIES
AND
CRED-
ITS.—The Secretary of State may use foreign
currencies and credits acquired by the United
States under section 704(b)(2) of this title—
(A) to carry out the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C.
2451 et seq.);
(B) to carry out the Foreign Service Build-
ings Act, 1926 (22 U.S.C. 292 et seq.); and
(C) to pay other governmental expenses
payable in local currencies.
(2) RENEWAL
OF
CERTAIN
AGREEMENTS.—Ex-
cept as otherwise directed by the President,
the Secretary of State shall continue to per-
form functions under agreements in effect on
July 1, 1949, related to the disposal of foreign
excess property. The Secretary of State may
amend, modify, and renew the agreements.
Foreign currencies or credits the Secretary of
State acquires under the agreements shall be
administered in accordance with procedures
that the Secretary of the Treasury may estab-
lish. Foreign currencies or credits reduced to
United States currency must be deposited in
the Treasury as miscellaneous receipts.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1125.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
701(a) .........
40:514(a) (words be-
fore last comma).
June 30, 1949, ch. 288, title
IV, § 404, 63 Stat. 398; Pub.
L. 86–624, § 27(c), July 12,
1960, 74 Stat. 418; Pub. L.
96–470, title I, § 101(a), Oct.
19, 1980, 94 Stat. 2237.
701(b)(1) .....
40:511 (words before
proviso).
June 30, 1949, ch. 288, title
IV, § 401, 63 Stat. 397.
40:514(d).
701(b)(2)(A)
40:514(a) (words
after last
comma).
701(b)(2)(B)
40:511 (proviso cl.
(a)).
701(b)(3) .....
40:514(b).
701(b)(4) .....
40:514(c).
701(c)(1) .....
40:511 (proviso cl.
(b) (words before
‘‘and the author-
ity to amend’’)[)].
701(c)(2) .....
40:511 (proviso cl.
(b) (words begin-
ning ‘‘and the au-
thority to
amend’’), (c), (d)).
In subsection (b)(1), the text of 40:514(d) is omitted as
executed and obsolete.
In subsection (b)(4), the words ‘‘chapters 33 and 51 and
subchapter III of chapter 53 of title 5’’ are substituted
for ‘‘the civil-service and classification laws’’, and the
words ‘‘chapter 33 of title 5’’ are substituted for ‘‘the
civil-service laws’’, because of section 7(b) of the Act of
September 6, 1966 (Public Law 89–554, 80 Stat. 631), the
first section of which enacted Title 5, United States
Code. In subclause (A), the words ‘‘in the United
States’’ are added for clarity. In subclause (B), provi-
sions related to the heads of executive agencies fixing
the compensation of personnel outside the continental
limits of the United States that were contained in sec-
tion 404(c)(2) of the Federal Property and Administra-
tive Services Act of 1949 are omitted as obsolete. Sec-
tions 1202 and 1204 of the Classification Act of 1949 (ch.
782, 63 Stat. 972, 973) repealed the Classification Act of
1923 (ch. 265, 42 Stat. 1488) and all other provisions in-
consistent with the 1949 Act. The Classification Act of
1949 was repealed by section 8(a) of the Act of Sep-
tember 6, 1966 (Public Law 89–554, 80 Stat. 632), the first
section of which enacted title 5, United States Code.
The Classification Act of 1949 was reenacted as chapter
51 and subchapter III of chapter 53 of title 5. See espe-
cially 5:5102 and 5103.
In subsection (c)(1), the words ‘‘Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et
seq.)’’ are substituted for ‘‘section 32(b)(2) of the Sur-
plus Property Act of 1944, as amended’’ because of sec-
tion 111(a)(1) and (c) of the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87–257, 75
Stat. 538). The words ‘‘Foreign Service Buildings Act,
1926’’ are substituted for ‘‘Foreign Service Buildings
Act of May 7, 1926, as amended’’ because of section 8 of
the Foreign Service Buildings Act (22:299). The words
‘‘(including section 295b of title 22)’’ are omitted as exe-
cuted and obsolete.
In subsection (c)(2), the words ‘‘Secretary of State’’
are substituted for ‘‘Department of State’’ because of
22:2651.
Editorial Notes
REFERENCES IN TEXT
The Mutual Educational and Cultural Exchange Act
of 1961, referred to in subsec. (c)(1)(A), is Pub. L. 87–256,
Sept. 21, 1961, 75 Stat. 527, which is classified prin-
cipally to chapter 33 (§ 2451 et seq.) of Title 22, Foreign
Relations and Intercourse. For complete classification
of this Act to the Code, see Short Title note set out
under section 2451 of Title 22 and Tables.
The Foreign Service Buildings Act, 1926, referred to
in subsec. (c)(1)(B), is act May 7, 1926, ch. 250, 44 Stat.
403, as which is classified generally to chapter 8 (§ 292 et
Page 90
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 702
seq.) of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see sec-
tion 299 of Title 22 and Tables.
§ 702. Return of foreign excess property to
United States
(a) IN GENERAL.—Under regulations prescribed
pursuant to subsection (b), foreign excess prop-
erty may be returned to the United States for
handling as excess or surplus property under
subchapter II of chapter 5 of this title or section
549 or 551 of this title when the head of the exec-
utive agency concerned, or the Administrator of
General Services after consultation with the
agency head, determines that return of the prop-
erty to the United States for such handling is in
the interest of the United States.
(b) REGULATIONS.—The Administrator shall
prescribe regulations to carry out this section.
The regulations must require that transpor-
tation costs for returning foreign excess prop-
erty to the United States are paid by the federal
agency, state agency, or donee receiving the
property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
702 .............
40:512(c).
June 30, 1949, ch. 288, title
IV, § 402(c), as added Pub.
L. 91–426, § 2(d), Sept. 26,
1970, 84 Stat. 883; Pub. L.
94–519, § 4, Oct. 17, 1976, 90
Stat. 2455.
§ 703. Donation of medical supplies for use in for-
eign country
(a) APPLICATION.—This section applies to med-
ical materials or supplies that are in a foreign
country but that would, if situated within the
United States, be available for donation under
subchapter III of chapter 5 of this title.
(b) IN GENERAL.—An executive agency may do-
nate medical materials or supplies that are not
disposed of under section 702 of this title.
(c) CONDITIONS.—A donation under this section
is subject to the following conditions:
(1) The medical materials and supplies must
be donated for use in a foreign country.
(2) The donation must be made to a non-
profit medical or health organization, which
may be an organization qualified to receive as-
sistance under section 214(b) or 607 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2174(b),
2357).
(3) The donation must be made without cost
to the donee (except for costs of care and han-
dling).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
703 .............
40:512(b).
June 30, 1949, ch. 288, title
IV, § 402(b), as added Pub.
L. 91–426, § 2(d), Sept. 26,
1970, 84 Stat. 883.
§ 704. Other methods of disposal
(a) IN GENERAL.—Foreign excess property not
disposed of under section 702 or 703 of this title
may be disposed of as provided in this section.
(b) METHODS OF DISPOSAL.—
(1) SALE, EXCHANGE, LEASE, OR TRANSFER.—
The head of an executive agency may dispose
of foreign excess property by sale, exchange,
lease, or transfer, for cash, credit or other
property, with or without warranty, under
terms and conditions the head of the executive
agency considers proper.
(2) EXCHANGE
FOR
FOREIGN
CURRENCY
OR
CREDIT.—If the head of an executive agency de-
termines that it is in the interest of the
United States, foreign excess property may be
exchanged for—
(A) foreign currencies or credits; or
(B) substantial benefits or the discharge of
claims resulting from the compromise or
settlement of claims in accordance with law.
(3) ABANDONMENT, DESTRUCTION, OR
DONA-
TION.—The head of an executive agency may
authorize the abandonment, destruction, or
donation of foreign excess property if the
property has no commercial value or if esti-
mated costs of care and handling exceed the
estimated proceeds from sale.
(c) ADVERTISING.—The head of an executive
agency may dispose of foreign excess property
without advertising if the head of the executive
agency finds that disposal without advertising is
the most practicable and advantageous means
for the Federal Government to dispose of the
property.
(d) TRANSFER OF TITLE.—The head of an execu-
tive agency may execute documents to transfer
title or other interests in, and take other action
necessary or proper to dispose of, foreign excess
property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
704 .............
40:512(a).
June 30, 1949, ch. 288, title
IV, § 402(a), 63 Stat. 398;
Pub. L. 91–426, § 2(a)–(c),
Sept. 26, 1970, 84 Stat. 883;
Pub. L. 99–627, § 3(a), Nov.
7, 1986, 100 Stat. 3509.
§ 705. Handling of proceeds from disposal
(a) IN GENERAL.—This section applies to pro-
ceeds from the sale, lease, or other disposition of
foreign excess property under this chapter.
(b) FOREIGN CURRENCIES OR CREDITS.—Proceeds
in the form of foreign currencies or credits,
must be administered in accordance with proce-
dures that the Secretary of the Treasury may
establish.
(c) UNITED STATES CURRENCY.—
(1) SEPARATE
FUND
IN
TREASURY.—Section
572(a) of this title applies to proceeds of for-
eign excess property disposed of for United
States currency under this chapter.
(2) DEPOSITED
IN
TREASURY
AS
MISCELLA-
NEOUS RECEIPTS.—Except as provided in para-
graph (1), proceeds in the form of United
States currency, including foreign currencies
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance for schools and libraries** The President is authorized to furnish assistance, on such terms and conditions as he may specify, to schools and libraries outside the United States founded or sponsored by United States citizens and serving as study and demonstration centers for ideas and practices of the United States.
**(b) Assistance for hospital centers** The President is authorized, notwithstanding the provisions of the Mutual Defense Assistance Control Act of 1951 [[22 U.S.C. 1611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1611&num=0&edition=prelim) et seq.], to furnish assistance, on such terms and conditions as he may specify, to institutions referred to in subsection (a) of this section, and to hospital centers for medical education and research outside the United States, founded or sponsored by United States citizens.
**(c) Authorization of appropriations**
(1) To carry out the purposes of this section, there are authorized to be appropriated to the President $35,000,000 for fiscal year 1986 and $35,000,000 for fiscal year 1987.
(2) Amounts appropriated under paragraph (1) are authorized to remain available until expended.
**(d) Pediatric plastic and reconstructive surgery centers** Notwithstanding the provisions of subsection (b), funds appropriated under this section may be used for assistance to centers for pediatric plastic and reconstructive surgery established by Children’s Medical Relief International, except that assistance may not be furnished for the domestic operations of any such center located in the United States, its territories or possessions.
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Federal law — U.S. Code and appendices · legal_authorities
Page 664
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§§ 2171, 2172
1975—Subsec. (c). Pub. L. 94–161 substituted provision
for increase of Federal funds to multilateral lending in-
stitutions and multilateral organizations for making
loans to foreign countries for prior provision for reduc-
tion of loans under the bilateral lending programs to
attain a total amount not to exceed $100,000,000 not
later than June 30, 1975.
1972—Subsec. (a). Pub. L. 92–226, § 101(c)(1), in amend-
ing subsec. (a) generally, provided for United Nations
sponsorship of development assistance and substituted
‘‘may contribute’’ for ‘‘may, in some instances, con-
tribute’’.
Subsecs. (c), (d). Pub. L. 92–226, § 101(c)(2), added sub-
secs. (c) and (d).
Statutory Notes and Related Subsidiaries
ESTABLISHMENT
OF STANDARD GOVERNING ALLOCATION
OF DEVELOPMENT ASSISTANCE
FOR PRODUCTION
AND
EXPORT OF COMMODITIES IN SURPLUS IN WORLD MAR-
KET; PRESIDENTIAL
INITIATION
OF
INTERNATIONAL
CONSULTATIONS; REPORT BY PRESIDENT TO CONGRESS
Pub. L. 95–481, title VI, § 610, Oct. 18, 1978, 92 Stat.
1602, provided that: ‘‘The President shall initiate wide
international consultations beginning with the member
nations of the Organization of Economic Cooperation
and Development (OECD), designed to develop a viable
standard governing the allocation of development as-
sistance for the production and export of commodities.
Such consultations shall relate to commodities which
are in surplus in the world market and if produced for
export would cause substantial harm to producers of
the same, similar or competing products. Not later
than one year after the enactment of this Act [Oct. 18,
1978] the President shall report to the President of the
Senate, the Speaker of the House of Representatives,
and the Cha
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchange; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations, and the contributions being made toward a peaceful and more fruitful life for people throughout the world; to promote international cooperation for educational and cultural advancement; and thus to assist in the development of friendly, sympathetic, and peaceful relations between the United States and the other countries of the world.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2451
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Federal law — U.S. Code and appendices · legal_authorities
Page 959
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2451
69 F.R. 41901, set out as a note under section 1738 of
Title 7, Agriculture.
§ 2431k. Annual reports to Congress
Not later than April 15 of each year, the Presi-
dent shall prepare and transmit to the Congress
an annual report concerning the operation of
the Facility for the prior calendar year. Such re-
port shall include—
(1) a description of the activities undertaken
by the Facility during the previous calendar
year;
(2) a description of any Agreement entered
into under this subchapter;
(3) a report on any Funds that have been es-
tablished under this subchapter and on the op-
erations of such Funds; and
(4) a description of any grants that have
been provided by administering bodies pursu-
ant to Agreements under this subchapter.
(Pub. L. 87–195, pt. V, § 813, as added Pub. L.
105–214, § 1, July 29, 1998, 112 Stat. 893; amended
Pub. L. 115–440, § 10, Jan. 14, 2019, 132 Stat. 5584.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 2432 to 2435 were repealed by Pub. L.
94–329, title IV, § 413(a), June 30, 1976, 90 Stat. 761.
Section 2432, Pub. L. 87–195, pt. V, § 802, as added Pub.
L. 93–189, § 24, Dec. 17, 1973, 87 Stat. 728, authorized ap-
propriation of $504,000,000 for fiscal year 1974 to remain
available until expended for relief and reconstruction
of South Vietnam, Cambodia, and Laos.
Section 2433, Pub. L. 87–195, pt. V, § 803, as added Pub.
L. 93–189, § 24, Dec. 17, 1973, 87 Stat. 728, provided for as-
sistance to South Vietnamese children.
Section 2434, Pub. L. 87–195, pt. V, § 804, as added Pub.
L. 93–189, § 24, Dec. 17, 1973, 87 Stat. 729, made provision
for assistance to the Center for Plastic and Reconstruc-
tive Surgery in Saigon.
Section 2435, Pub. L. 87–195, pt. V, § 80
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2451
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary of State** The Secretary of State is empowered to acquire by purchase or construction in the manner hereinafter provided, within the limits of appropriations made to carry out this chapter, by exchange, in whole or in part, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State, sites and buildings in foreign capitals and in other foreign cities, and to alter, repair, and furnish such buildings for the use of the diplomatic and consular establishments of the United States, or for the purpose of consolidating within one or more buildings, the embassies, legation, consulates, and other agencies of the United States Government there maintained. The space in such buildings shall be allotted by the Secretary of State among the several agencies of the United States Government.
**(b) Payments from other than appropriated funds for acquisition of property** Payments made for rent or otherwise by the United States from funds other than appropriations made to carry out this chapter may be credited toward the acquisition of property under this chapter without regard to limitations of amounts imposed by this chapter.
**(c) Authorization for improvements and construction** The Secretary of State may improve or construct facilities overseas for other Federal departments and agencies on an advance-of-funds or reimbursable basis if such advances or reimbursements are credited to the Embassy Security, Construction, and Maintenance account and remain available until expended.
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Federal law — U.S. Code and appendices · legal_authorities
Page 282
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 291
Sec.
302.
Award of contracts.
303.
Repealed.
304.
Biannual report on overseas capital construc-
tion projects.
305.
Growth projections for new embassies and
consulates.
306.
Contracting methods in capital construction.
Statutory Notes and Related Subsidiaries
OVERSEAS BUILDINGS DUE DILIGENCE
Pub. L. 118–159, div. G, title LXXII, § 7207, Dec. 23,
2024, 138 Stat. 2531, provided that:
‘‘(a) IN GENERAL.—The Secretary [of State] shall take
such steps as may be necessary to avoid or minimize
purchasing or leasing for 180 days or longer a covered
building to be used by United States Government per-
sonnel carrying out their official duties—
‘‘(1) in which a covered entity is known through
reasonable due diligence to have performed covered
construction;
‘‘(2) in which due diligence has indicated a covered
entity has an ownership interest; or
‘‘(3) where a covered entity is expected to perform
covered construction.
‘‘(b) NOTIFICATION.—
‘‘(1) IN GENERAL.—If, after the date of the enact-
ment of this Act [Dec. 23, 2024], the Secretary deter-
mines it is in the national security interest of the
United States to acquire or lease a covered building,
or enter into or renew a contract with a covered enti-
ty to perform covered construction with a covered
building, then the Secretary shall notify the appro-
priate congressional committees [Committee on For-
eign Relations of the Senate and Committee on For-
eign Affairs of the House of Representatives] and the
Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Rep-
resentatives—
‘‘(A) not later than 7 days before entering into an
acquisition, lease, or agreement with a covered
building or covered entity do
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 292
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies Prescribed by the President.—** The President may prescribe policies that the President considers necessary to carry out this chapter. The policies must be consistent with this chapter.
**(b) Executive Agency Responsibility.—**
(1) **In general.—** — The head of an executive agency that has foreign excess property is responsible for the disposal of the property.
(2) **Conformance to policies.—** — In carrying out functions under this chapter, the head of an executive agency shall—
(A) use the policies prescribed by the President under subsection (a) for guidance; and
(B) dispose of foreign excess property in a manner that conforms to the foreign policy of the United States.
(3) **Delegation of authority.—** — The head of an executive agency may—
(A) delegate authority conferred by this chapter to an official in the agency or to the head of another executive agency; and
(B) authorize successive redelegation of authority conferred by this chapter.
(4) **Employment of personnel.—** — As necessary to carry out this chapter, the head of an executive agency may—
(A) appoint and fix the pay of personnel in the United States, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5; and
(B) appoint personnel outside the States of the United States and the District of Columbia, without regard to chapter 33 of title 5.
**(c) Special Responsibilities of Secretary of State.—**
(1) **Use of foreign currencies and credits.—** — The Secretary of State may use foreign currencies and credits acquired by the United States under [section 704(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section704/b/2&num=0&edition=prelim)—
(A) to carry out the Mutual Educational and Cultural Exchange A
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