EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793, set out as a note under section 1161 of Title 5. Executive Departments and Government Officers and Employees.

Chapter 8.-FOREIGN SERVICE BUILDINGS § 292. Acquisition of sites and buildings for diplomatic and consular establishments; allotment of space. The Secretary of State is empowered to acquire by purchase or construction in the manner hereinafter provided, within the limits of appropriations made pursuant to 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. (As amended Aug. 12, 1963, Pub. L. 88-94, § 2(b), 77 Stat. 122.)

AMENDMENTS

1963-Pub. L. 88-94 deleted ", subject to the direction of the commission hereinafter established," following "is empowered", "under such terms and conditions as in the judgment of the commission may best protect the interests of the United States," following "in part," and ", to the extent deemed advisable by the commission," following "consolidating" and substituted “. The space in such buildings shall be allotted by the Secretary of State" for ", which buildings shall be appropriately designated by the commission, and the space in which shall be allotted by the Secretary of State under the direction of the commission."

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, § 1(e), eff. July 1, 1939, was repealed by Pub. L. 88-94, § 2(f), Aug. 12, 1963, 77 Stat. 122.

§ 293. Repealed. Pub. L. 88–94, § 2(a), Aug. 12, 1963, 77 Stat. 122.

Section, acts May 7, 1926, ch. 250, § 2, 44 Stat. 404; May 29, 1928, ch. 876, § 2, 45 Stat. 971; June 19, 1952, ch. 446, § 1, 66 Stat. 140, established the Foreign Service Buildings Commission, prescribed its duties, abolished the prior commission, authorized the issuance of rules and regulations, required annual reports to Congress and provided for appointment of personnel.

FOREIGN SERVICE BUILDINGS COMMISSION; REFERENCES IN OTHER LAWS

Section 2(g) of Pub. L. 88-94 provided that: "All references to the Foreign Service Buildings Commission, originally established by the Foreign Service Buildings Act, 1926 [this chapter] in all laws of the United States are hereby repealed."

§ 294. Manner of use of buildings; contracts for construction, etc.

Buildings and grounds acquired under this chapter or prior to May 7, 1926, acquired or authorized for the use of the diplomatic and consular establishments in foreign countries may be used, in the case of buildings and grounds for the diplomatic establishment, as Government offices or residences or as such offices and residences; or, in the case of other

buildings and grounds, as such offices or such offices and residences. The contracts for all work of construction, alteration, and repair under this chapter 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 and without regard to section 529 of Title 31. (As amended Aug. 12, 1963, Pub. L. 88–94, § 2(c), 77 Stat. 122.) AMENDMENTS

1963-Pub. L. 88-94 deleted", subject to the direction of the commission," preceding "be used" and "in the judgment of the commission," following "where necessary," and added "and without regard to section 529 of Title 31".

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, § 1(e), eff. July 1, 1939, was repealed by Pub. L. 88-94, § 2(f), Aug. 12, 1963, 77 Stat. 122.

§ 295. Appropriations; Foreign Service Building Fund; expenditures; foreign currencies.

(a) For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated an amount not exceeding $10,000,000, and the appropriations made pursuant to this authorization shall constitute a fund to be known as the Foreign Service Building Fund, to remain available until expended. Under this authorization not more than $2,000,000 shall be appropriated for any one year, but within the total authorization provided in this chapter the Secretary of State may enter into contracts for the acquisition of the buildings and grounds authorized by this chapter. In the case of the buildings and grounds authorized by this chapter, after the initial alterations, repairs, and furnishing have been completed, subsequent expenditures for such purposes may be made out of the appropriations authorized by this chapter in amounts authorized by the Congress each fiscal year.

(c) For the purpose of carrying into effect the provisions of this chapter there is hereby authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $10,000,000, which shall remain available until expended.

(d) In addition to amounts authorized before the date of enactment of this section, there is hereby authorized to be appropriated to the Secretary of State

(1) for acquisition, by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—

(A) for use in Africa, not to exceed $7,140,000 of which not to exceed $3,270,000 may be appropriated for the fiscal year 1964;

(B) for use in the American Republics, not to exceed $5,360,000, of which not to exceed $4,030,000 may be appropriated for the fiscal year 1964;

(C) for use in Europe, not to exceed $6,839,000, of which not to exceed $1,820,000 may be appropriated for the fiscal year 1964;

(D) for use in the Far East, not to exceed $2,350,000, of which not to exceed $2,200,000 may be appropriated for the fiscal year 1964;

(E) for use in the Near East, not to exceed $2,710,000, of which not to exceed $2,100,000 may be appropriated for the fiscal year 1964;

(F) for facilities for the United States Information Agency, not to exceed $1,125,000, of which not to exceed $720,000 may be appropriated for the fiscal year 1964, and

(G) for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appriated for the fiscal year 1964;

(2) for use to carry out the other purposes of this chapter, not to exceed $23,500,000, of which not to exceed $11,500,000 may be appropriated for the fiscal year 1964.

Sums appropriated pursuant to this authorization shall remain available until expended. To the maximum extent feasible, expenditures under this chapter shall be made out of foreign currencies owned by or owed to the United States. (As amended Sept. 8, 1960, Pub. L. 86-723, § 49, 74 Stat. 847; Aug. 12, 1963, Pub. L. 88-94, §§ 1, 2(d), 77 Stat. 121, 122.)

REFERENCES IN TEXT

Date of enactment of this section, referred to in subsec. (d), probably means the date of enactment of Pub. L. 88-94, which was approved on Aug. 12, 1963.

AMENDMENTS

1963 Subsec. (a). Pub. L. 88-94, § 2(d), deleted subject to the direction of the commission," following "Secretary of State".

Subsec. (d). Pub. L. 88-94, § 1, added subsec. (d). 1960 Subsec. (c). Pub. L. 86-723 added subsec. (c).

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, § 1(e), eff. July 1, 1939, was repealed by Pub. L. 88-94, § 2(f), Aug. 12, 1963, 77 Stat. 122.

§ 296. Duties of Secretary of State with respect to commission and properties.

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, § 1(e), eff. July 1, 1939, was repealed by Pub. L. 88-94, § 2(1), Aug. 12, 1963, 77 Stat.

122.

§ 297. Acquisition of property by lease.

TRANSFER OF FUNCTIONS

1959 Reorg. Plan No. II, § 1(e), eff. July 1, 1939, was repealed by Pub. L. 88-94, § 2(f), Aug. 12, 1963, 77 Stat. 122.

§ 300. Sale of buildings and grounds; disposition of proceeds; report to Congress.

The Secretary of State, when he finds it to be in the interest of the Government, is authorized to sell buildings and grounds acquired for the use of diplomatic and consular establishments in foreign countries, and notwithstanding the provisions of any other law, the proceeds of such sales may be applied toward the purchase and construction, furnishing, and preservation of other properties, or held in the Foreign Service building fund: Provided, however,

That the Secretary of State shall report all such transactions annually to the Congress with the Budget estimates of the Department of State. (As amended Aug. 12, 1963, Pub. L. 88-94, § 2(e), 77 Stat. 122.)

AMENDMENTS

1963-Pub. L. 88-94 deleted "with the concurrence of the Foreign Service Buildings Commission," following "Government," and ", as in the judgment of the Commission may best serve the Government's interest" following "Foreign Service building fund".

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, § 1(e), eff. July 1, 1939, was repealed by Pub. L. 88-94, § 2(f), Aug. 12, 1963, 77 Stat. 122.

Chapter 9.-FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

§ 401. Illegal exportation of war materials.

Ex. ORD. No. 10863. AUTHORIZATION OF ATTORNEY GENERAL TO SEIZE ARMS AND MUNITION OF WAR, AND OTHER ARTICLES

Ex. Ord. No. 10863, Feb. 19, 1960, 25 F.R. 1507, provided: By virtue of the authority vested in me by section 1 of Title VI of the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401) (this section], it is ordered as follows:

SECTION 1. The Attorney General is hereby designated under section 1 of Title VI of the act of June 15, 1917, as amended by section 1 of the act of August 13, 1953 [this section], as a person duly authorized to seize and detain arms or munitions of war or other articles, and to seize and detain any vessel, vehicle, or aircraft containing such items or which has been, or is being, used in exporting or attempting to export such arms or munitions of war or other articles, whenever an attempt is made to export or ship from or take out of the United States such arms or munitions of war or other articles in violation of law, or whenever it is known, or there is probable cause to believe, that such arms or munitions of war or other articles are intended to be, or are being or have been, exported or removed from the United States in violation of law.

SEC. 2. The authority conferred upon the Attorney General by section 1 of this order may be exercised by any officer of the Department of Justice designated for such purpose by the Attorney General.

DWIGHT D. EISENHOWER

Chapter 11.-FOREIGN AGENTS AND PROPAGANDA

§ 611. Definitions.

As used in and for the purposes of this subchapter

(b) The term "foreign principal" includes―

*

(6) A domestic partnership, association, corporation. organization, or other combination of individuals, supervised, directed, controlled, or financed, in whole or in substantial part, by any foreign government or foreign political party;

*

(As amended Oct. 4, 1961, Pub. L. 87-366, § 1, 75 Stat. 784.)

AMENDMENTS

1961-Subsec. (b) (6). Pub. L. 87-366 added subsec. (b) (6).

§ 613. Exemptions.

The requirements of section 612(a) of this title shall not apply to the following agents of foreign principals:

(d) Any person engaging or agreeing to engage only in private and nonpolitical financial or mercantile activities in furtherance of the bona fide trade or commerce of such foreign principal or in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if such solicitation or collection of funds and contributions is in accordance with and subject to the provisions of sections 441, 444, 445 and 447-457 of this title, and such rules and regulations as may be prescribed thereunder;

SUBCHAPTER I.-GENERAL PROVISIONS

§ 809. Acceptance of gifts on behalf of the United States; disposition; use; taxation.

(a) The Secretary may accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the Department including the 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, but no gift shall be accepted which is conditioned upon any expenditure not to be met therefrom or from the income thereof unless such expenditure has been approved by Act of Congress.

(b) Any unconditional gift of money accepted pursuant to the authority granted in subsection (a) of this section, the net proceeds from the liquidation (pursuant to subsection (c) or subsection (d) of this section) of any other property so accepted, and the proceeds of insurance on any such gift property not used for its restoration, shall be deposited in the Treasury of the United States and are appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of the Department including the Service, and he 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 gifts and the income from such investments shall be available for expenditure in the operation of the Department including the Service and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Department including the Service by Congress.

(c) The evidences of any unconditional gift of intangible personal property, other than money, accepted pursuant to the authority granted in subsection (a) of this section, shall be deposited with the Secretary of the Treasury and he, in his discretion, may hold them, or liquidate them except that they shall be liquidated upon the request of the Secretary whenever necessary to meet payments required in the operation of the Department including the Service or the performance of its functions. The proceeds and income from any such property held by the Secretary of the Treasury shall be available for expenditure as is provided in subsection (b) of this section.

(d) The Secretary shall hold any real property or any tangible personal property accepted unconditionally pursuant to the authority granted in subsection (a) of this section and he shall permit such property to be used for the operation of the Department including the Service and the performance of its functions or he may lease or hire such property, and may insure such property, and deposit the income thereof with the Secretary of the Treasury to be available for expenditure as provided in subsection (b) of this section. The income from any such real property or tangible personal property shall be available for expenditure in the discretion of the

Secretary for the maintenance, preservation, or repair and insurance of such property and any proceeds from insurance may be used to restore the property insured. Any such property when not required for the operation of the Department including the Service or the performance of its functions may be liquidated by the Secretary, and the proceeds thereof deposited with the Secretary of the Treasury, whenever in his judgment the purposes of the gifts will be served thereby.

(e) For the purpose of Federal income, estate, and gift taxes, any gift, devise, or bequest accepted by the Secretary under authority of this chapter shall be deemed to be a gift, devise, or bequest to or for the use of the United States. (As amended Sept. 8, 1960, Pub. L. 86-723, § 48, 74 Stat. 847.)

AMENDMENTS

1960-Pub. L. 86-723, § 48(a), inserted "the Department including" preceding "the Service", wherever appearing.

Subsec. (a). Pub. L. 86-723, § 48(b), substituted "at the discretion of the Secretary" for "if recommended by the Director General."

EFFECTIVE Date of 1960 AMENDMENT

Section 56 of Pub. L. 86-723 provided that:

"(a) The provisions of this Act [see Short Title note hereunder] shall become effective as of the first day of the first pay period which begins more than thirty days after the date of enactment of this Act [Sept. 8, 1960], except as provided in paragraph (b), (c), (d), and (e) of this section, and except as otherwise provided in the text of this Act.

"(b) (1) The provisions of paragraph (c)(1) of section 803 of the Foreign Service Act of 1946, as amended by section 31 (b) of this Act [section 1063(c)(1) of this title], shall become effective on the first day of the first month which begins more than one year after the date of enactment of this Act (Sept. 8, 1960], except that any Foreign Service staff officer or employee, who at the time this Act becomes effective meets the requirements for participation in the Foreign Service Retirement and Disability System, may elect to become a participant in the System before the mandatory provisions become effective. Such Foreign Service staff officers and employees shall become participants effective on the first day of the second month following the date of their application for earlier participation.

"(2) The provisions of paragraph (c) (2) of section 803 of the Foreign Service Act of 1946, as amended by section 31(b) of this Act [section 1063(c) (2) of this title], shall become effective on the first day of the first month which begins more than three years after the date of enactment of this Act [Sept. 8, 1960].

"(c) The amendment made by section 33 of this Act [to section 1071 of this title], with respect to a contribution to the Foreign Service Retirement and Disability Fund to be made by the Department, shall become effective July 1, 1961.

"(d) The amendment made by section 41 of this Act [adding section 1095 of this title] shall take effect on the first day of the first month which begins more than thirty days after the date of enactment of this Act [Sept. 8, 1960]. "(e) The amendment made by section 51 of this Act [to section 104(a) (4) of Title 26] shall be effective with respect to taxable years ending after the date of enactment of this Act [Sept. 8, 1960]."

SHORT TITLE

Section 1 of Pub. L. 86-723 provided that Pub. L. 86–723, which added sections 900, 968, 996, 1084, 1095, and 1112 of this title, amended this section and sections 295, 871, 872, 881, 886, 889, 911, 912, 915, 928, 936, 937, 961, 965, 995, 1001, 1002, 1004-1008, 1016, 1017, 1041, 1044, 1063, 1064, 1071, 1076, 1081, 1082, 1086, 1091, 1092, 1111, 1116, 1137, and 1138 of this title, section 170p of Title 5, Executive Departments and Government Officers and Employees, and section 104 of Title 26, Internal Revenue Code, repealed sections 887, 925, 966, and 967 of this title, and enacted notes set out 22-992 0-64-vol. 2- -9

SEC. 2. Authority under the Foreign Service Act and related laws. (a) Except as provided in section 2(c) of this order, the Director is authorized to exercise, with respect to Foreign Service Reserve officers, Foreign Service staff officers and employees, and alien clerks and employees employed to perform the said transferred functions, the authority available to the Secretary of State under the Foreign Service Act of 1946, 60 Stat. 999 [this chapter], as heretofore or hereafter amended, or under any other provision of law pertaining specifically, or generally applicable, to Foreign Service Reserve officers, Foreign Service staff officers and employees, and alien clerks and employees, including the authority to prescribe regulations, not inconsistent with applicable laws, incident to the exercise of such authority, and including also the authority available to the Secretary of State under section 571 of the Foreign Service Act of 1956, as amended [section 961 of this title]. The Director is further authorized to exercise in the performance of the said transferred functions the authority available to the Secretary of State under sections 561 and 562 of the Foreign Service Act of 1946, as amended [see sections 713 and 5983 of Title 10], and under sections 1021 through 1071 thereof [sections 801 notes, 809 and 810 of this title and section 116 of Title 26, I.R.C. 1939].

§ 816. Educational facilities for children of employees. Whenever the Secretary determines that educational facilities are not available, or that existing educational facilities are inadequate, to meet the needs of children of American citizens stationed outside the United States engaged in carrying out Government activities, he is authorized, in such manner as he deems appropriate and under such regulations as he may prescribe, to establish, operate, and maintain primary schools, and school dormitories and related educational facilities for primary and secondary schools, outside the United States, or to make grants of funds for such purposes, or otherwise provide for such educational facilities. The provisions of the Foreign Service Buildings Act, 1926, as amended, and of paragraphs (h) and (i) of section 170h of Title 5, may be utilized by the Secretary in providing assistance for education facilities. Assistance may include, but shall not be limited to, hiring, transporting, and payment of teachers and other necessary personnel. (Aug. 13, 1946, ch. 957, title X, § 1081, as added Dec. 16, 1963, Pub. L. 88-205 pt. IV, § 404(d), 77 Stat. 391.)

REFERENCES IN TEXT

The Foreign Service Buildings Act, 1926, as amended, referred to in the text, is classified to sections 292-294, 295, 296, 297, and 300 of this title.

SUBCHAPTER II.-GOVERNING BODIES OF

THE SERVICE

PART B.-BOARDS

§ 826. Board of the Foreign Service; composition; duties.

CROSS REFERENCES

Arms control and disarmament, exercise by Director of United States Arms Control and Disarmament Agency of authority of Board of Foreign Service with respect to Foreign Service Reserve and Staff personnel, see section 2582 of this title.

SUBCHAPTER III.-DUTIES OF OFFICERS AND EMPLOYEES

PART A.-GENERAL

§ 842. Regulations of Secretary governing duties.

EXISTING RULES AND REGULATIONS CONTINUED Pub. L. 86-723, § 54, Sept. 8, 1960, 74 Stat. 848, provided that: "Notwithstanding the provisions of this Act [Pub. L. 86-723], existing rules and regulations of or applicable to the Foreign Service of the United States shall remain in effect until revoked or rescinded or until modified or superseded by regulations made in accordance with the provisions of the Foreign Service Act of 1946, as amended by this Act [see Short Title note under section 809 of this title], unless clearly inconsistent with the provisions of this Act [Pub. L. 86-723] or the provisions so amended." Section 54 of Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

AMENDMENTS 1962--Pub. L. 87-793 authorized successive increases for officers within classes 1 to 8, one effective on the first day of the first pay period which begins on or after Oct. 11, 1962, and the other effective on the first day of the first pay period which begins on or after Jan. 1, 1964.

1960-Pub. L. 86-568 increased the salary of the career ministers from $19,250 to $19,800 per annum, and increased the salaries in the schedule for officers in Class 1 to 8 by an average of 7.5 percent.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 906 of Pub. L. 87-793 provided that: "Except as otherwise expressly provided in this title, this title [amending this section and sections 870 and 1017 of this title, and enacting provisions set out as notes under this section] shall become effective on the first day of the first pay period which begins on or after the date of enactment of this Act [Oct. 11, 1962].”

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of this section by Pub. L. 86-568 effective on the first day of the first pay period which begins on or after July 1, 1960, see section 122 of Pub. L. 86-568, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

SHORT TITLE

Section 901 of Pub. L. 87-793 provided that: "This title [amending this section and sections 870 and 1017 of this title, and enacting provisions set out as a note under this section] may be cited as the 'Foreign Service Salary Reform Act of 1962'."

CONVERSION OF COMPENSATION FOR 1962 INCREASES; AsSIGNMENT OF STAFF OFFICERS AND EMPLOYEES TO NEW CLASSES

Section 904 of Pub. L. 87-793 provided that:

"Foreign Service officers, Reserve officers, and Foreign Service staff officers and employees who are entitled to receive basic compensation immediately prior to the effective date of this title [see Effective Date of 1962 Amendment note under this section] at one of the rates provided by section 412 or 415 of the Foreign Service Act of 1946 [this section or section 870 of this title] shall receive basic compensation on and after the effective date of this title at the rate of their class determined to be appropriate by the Secretary of State: Provided, That staff officers and employees shall be transferred to the new staff classes established by this Act as follows:

FSS 3.

Class 1.... $18,975 $19, 650

FSS-4

FSS 5

On the first day of the first pay period which begins on or after January 1, 1964, the per annum salaries of Foreign Service officers within each of the other classes shall be as follows:

FSS-14 and below..

FSS- 2

FSS 2

FSS 3

FSS 3

FSS- 4

FSS 5

FSS- 6

FSS- 7

FSS- 8

FSS- 9

FSS-10

(1)

"Remain at present class and salary rate until revised pursuant to new section 415(b)."

INITIAL ADJUSTMENT OF 1960 PAY INCREASES Section 113(d) of Pub. L. 86-568 provided that: "Foreign Service officers, Reserve officers, and Foreign Service staff officers and employees who are entitled to receive basic compensation immediately prior to the effective date of this section [for effective date, see note under section 1113 of Title 5] at one of the step rates provided by section 412 or section 415 of the Foreign Service Act of 1946 [this section of section 870 of this title] shall receive basic compensation on or after the effective date of this section at the corresponding step rate as provided by such section 412 or 415 as amended by this section."