the killing or kidnapping outside the erritorial jurisactice of the United States of

I any officer, employee, or contrat eniovee of the United States Government white suer mividual is engaged in official duties, or on account at individcals official duties, in connection w the enforcement of United States drug laws or the implementing of United States drug control objectives dr

II a member of the immediate family of any such individual on account of that individual's official ties in connection with the enforcement of United States drug laws or the implementation of United States drug control objectives; or

an attempt or conspiracy to do any of the acts described in clause (i) or (ii); or

Be prevention or frustration of an act described in subparagraph A).

3 The purpose of the rewards under this subsection is to assist narcotics law enforcement in the effective arrest and prosecution of major narcotics traffickers and, wherever appropriate, to offer rewards in connection with the killing of, or the attempt to kill, any United States officer or employee, in connection with the performance of Larcotics control duties by such officer or employee, or any member of the family of such officer or employee. To ensure that the rewards program authorized by this subsection, especially paragrape 1A), does not duplicate or interfere with the Javmen af formants or the purchase of evidence or information authorized to the Department of Justice, the offering, administra tion, and payment of rewards under this subsection, including m cedures for

Adentifying individuals, organizations, and offences th respect to which rewards will be offered,

Be publication of rewards,

offering of joint rewards with foreign govermar-s
the receipt and analysis of data,

E the payment and the approval of payment in
F the recommendations of rewards

esולי עם

the Secretary of State and the Attorney Gener's shall be governed by procedures approved by the sea and the Attorney General.

A reward under this section may

A reward of $100,000 or more may not be H

proval of the President or the Secretary for walk dBefore making a reward under subah kat

over which there is Federal criminal jurat ambrus State shall advise and consult with the

e Any reward granted under the payment by the Secretary of State. If the the identity of the recipient of a reward

23 a of the roernational Narcotics Control Act of 1988 tuo.. “EL 300 300 in heu of "$500,000 Sec 100 of the DR AC PIC 1990 and 1991 (Public Law 101-240. amendment Set of Public Law 101-231 provided that whidsever un would bare efies ir sus amendment.

1

recipient's immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he deems necessary to effect such protection.

(f) 94 An officer or employee of any governmental entity who while in the performance of his or her official duties, furnishes in formation described in subsection (a) or (b) shall not be eligible for a reward under this section.

(g) There are authorized to be appropriated, without fiscal year limitation, $5,000,000 for use in paying rewards under this section up to $2,000,000 of which may be used for rewards for information described in subsection (b)(1). In addition to the amount authorized to be appropriated by the preceding sentence, there are authorized to be appropriated, without fiscal year limitation, $5,000,000 for "Administration of Foreign Affairs" for use in paying rewards for information described in subsection (b)(1).96 Additional funds to pay rewards under this section shall be authorized to be appro priated in the annual authorizing legislation for the Department of State.

(h) 97 Not later than 30 days after paying any reward under this section, the Secretary of State shall submit a report to the Con gress with respect to that reward. The report, which may be sub mitted on a classified basis 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, and shall discuss the significance of the information for which the reward was paid in dealing with those acts.

(i) 97 As used in this section

(1) the term "United States drug laws" means the laws of the United States for the prevention and control of illicit traffic in controlled substances (as such term is defined for purposes of the Controlled Substances Act); and

(2) the term "member of the immediate family" includes

(A) a spouse, parent, brother, sister, or child of the indi vidual;

(B) a person to whom the individual stands in loco parentis; and

(C) any other person living in the individual's household and related to the individual by blood or marriage.

SPECIAL AGENTS

SEC. 37.98 (a) GENERAL AUTHORITY.-Under such regulations as the Secretary of State may prescribe, special agents of the Depart ment of State and the Foreign Service may

96 Sec. 4602 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat 4287) amended this sentence. It formerly read as follows:

"In addition to the amount authorized by the preceding sentence, there are authorized to b appropriated $10,000,000 for fiscal year 1987 for 'Administration of Foreign Affairs' for use in paying rewards under this section, up to $5,000,000 of which may be used for rewards for infor mation described in subsection (b)(1).".

97 Subsecs. (h) and (i) were added by sec. 502(d) of Public Law 99-399 (100 Stat. 870).

98 22 U.S.C. 2709. Sec. 125(a) of Public Law 99-93 (99 Stat. 415) inserted this text as a new sec. 37 and redesignated the previous sec. 37 as sec. 38.

Sec. 139(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed subsec. (d) of this section, which had required "TRANS MISSION OF REGULATIONS TO CONGRESS.—The Secretary of State shall transmit the regulations prescribed under this section to the Committee on Foreign Affairs and the Committee on the

(1) conduct investigations concerning illegal passport or visa issuance or use;

(2) For the purpose of conducting such investigation—

(A) obtain and execute search and arrest warrants,

(B) 99 make arrests without warrant for any offense concerning passport or visa issuance or use of the special agent has reasonable grounds to believe that the person has committed or is committing such offense, and

(C) 99 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); and

(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;

(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) 100 arrest without warrant any person for a violation of section 111, 112, 351, 970, or 1028, of title 18, United States Code

(A) in the case of a felony violation, if the special agent has reasonable grounds to believe that such person

(i) has committed or is committing such violation;

and

(ii) is in or is fleeing from the immediate area of such violation; and

(B) in the case of a felony or misdemeanor violation, if the violation is committed in the presence of the special agent.

(b) AGREEMENT WITH ATTORNEY GENERAL AND FIREARMS REGULATIONS.

(1) AGREEMENT WITH ATTORNEY GENERAL.-The authority conferred by paragraphs (1), (2), (4), and (5) of subsection (a) shall be exercised subject to an agreement with the Attorney General and shall not be construed to affect the investigative authority of any other Federal law enforcement agency.

(2) FIREARMS REGULATIONS.-The Secretary of State shall prescribe regulations, which shall be approved by the Attorney

Judiciary of the House of Representatives and the Committee on Foreign Relations of the Senate not less than 20 days before the date on which such regulations take effect.".

Sec. 113(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246, 104 Stat. 22), redesignated subpar. (B) as (C) and inserted a new subpar. (B). Sec. 113(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246, 104 Stat. 22), restated par. (5).

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 202 of title 3, United States Code, or section 3056 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. 38.101 (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) 102 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 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) 102 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 sec

10122 U.S.C. 2710. This sec., comprising subsecs. (a) and (b), was added by sec. 128 of Public Law 99-93 (99 Stat. 419).

102 Subsecs. (c) and (d) were added by sec. 123 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 392).

tion 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).

COUNTERTERRORISM PROTECTION FUND

SEC. 39.103 (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. 40.104 (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

103 22 U.S.C. 2711. Sec. 39 was added by sec. 504(2) of Public Law 99-399 (100 Stat. 871). 104 22 U.S.C. 2712. Sec. 40 was added by sec. 506(2) of Public Law 99-399 (100 Stat. 872).