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educational facilities. Such assistance may include hiring, transporting, and payment of teachers and other necessary personnel. Sec. 30.70 (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.

70 22 U.S.C. 2702. Sec. 30 was added by sec. 2201 of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2155).

(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. 31.71 (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

71 22 U.S.C. 2703. Sec. 31 was added by sec. 2201 of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2156).

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.72 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) 73 The 74 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. 32.75 The Secretary of State may pay, without regard to section 5702 of title 5, United States Code, subsistence expenses of (1) special agents 76 of the Department of State who are on authorized protective missions, 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 Director of the United States Information Agency and the Director of the United States International Development Cooperation Agency 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.77

72 Sec. 144 of the Foreign Relations Authorization Act, Fiscal Year: 1992 and 1993 (Public Law 102–138; 105 Stat. 668), added text to end of sentence beginning with “, and, where determined by the Secretary * * *".

Functions vested in the Secretary of State by the amendment in Public Law 102-138 were further delegated to the Under Secretary for Management by Delegation of Authority No. 193, Janua 1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).

73 Sec. 147 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 38), added subsec. (e).

74 Sec. 124 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out "For the fiscal years 1992 and 1993, the" and inserted in lieu thereof "The". Previously, sec. 121 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 658), renewed this authority originally established for fiscal years 1990 and 1991.

78 22 U.S.C. 2704. Sec. 32 was added by sec. 2201 of the Foreign Service Act of 1980 (Public Law 96_465; 94 Stat. 2157).

78 Sec. 125(b) of Public Law 99-93 (99 Stat. 417) added the words "special agents" in lieu of "security officers". Sec. 125(c) of the same Act repealed section 4 of the Act entitled "An Act

de authority to protect heads of foreign states and other officials" approved August 27, 1964 (2 U.S.C. 2667), and the Act entitled "An Act to authorize certain officers and employees of the Department of State and the Foreign Service to carry firearms" approved June 28, 1955 (22 U.S.C. 2666).

SEC. 33.78 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. Sec. 34.79 (a) Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations 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 80 or 10 percent, whichever is less and which (A) augments existing programs, projects, or activities, (B) reduces

77 Sec. 303(c) of Public Law 98-533 (98 Stat. 2711) added this sentence.
78 22 U.S.C. 2705. Sec. 33 was added by sec. 117 of Public Law 97-241 (96 Stat. 279).

7922 U.S.C. 2706. Sec. 34(a) was originally added as sec. 34 by sec. 123 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat, 1025). Sec. 121 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100204; 101 Stat 1339) redesignated it as subsec. (a) and added a new subsec. (b).

Part D, title V of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 486), the Cambodian Genocide Justice Act, in part, established the Of. fice of Cambodian Genocide Information in the Department of State. Sec. 573(d) under that part required:

d) NOTIFICATION TO CONGRESS. The Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives shall be notified of any exercise of the authority of section 34 of the State Department Basic Authorities Act of 1956 with respect to the Office [of Cambodian Genocide Information) or any of its programs, projects, or activities at least 15 days in advance in accordance with procedures applicable to notifications under that section.".

to Sec. 122(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 392), struck out "$500,000" and inserted in lieu thereof "$1,000,000".

Previously, sec. 117(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 657), struck out "$250,000" and inserted in lieu thereof *$500,000".

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) 79 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.

SEC. 35.81 (b) 82 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)83 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 Com

8122 U.S.C. 2707. Sec. 162(kX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 408), struck out subsec. (a) and substantially restructured subsec. (b). Subsec. (a) had provided for the Secretary of State to assign responsibility to an Under Secretary for international communications and information policy matters. Subsec. (b) had provided for the establishment of the State Department Office of Coordinator for International Communications and Information Policy, and for the appointment of a Coordinator with rank of ambassador.

The Secretary of State delegated functions authorized under this section to the Assistant Secretary for Economic and Business Allairs (Department of State Public Notice 2086; sec. 9 of Delegation of Authority No. 214; 59 F.R. 50790).

Sec. 35 originally was added by sec. 124 of the Department of State Administration Act, Fiscal Years 1984 and 1985 (Public Law 98–164; 97 Stat. 1025).

Sec. 162(kX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 409), provided:

“2) Nothing in the amendments made by paragraph (1) affects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Com munications Commission, or any officer thereof.".

82 Sec. 162(kX1XBXi) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 408), struck out the text preceding para. (1) in subsec. (b) and added this new sentence. Designation of subsec. (b) was retained; it should probably have been stricken.

Sec. 162(kX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), provided:

"(2) Nothing in the amendments made by paragraph (1) affects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Com munications Commission, or any officer thereof.".

&3 Sec. 162(kX1XBXiiHiv) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236: 108 Stat. 408). struck out former para. (2); redesignated para. (1) as para. (2); and inserted a new para. (1). Former para. (2) had read as follows: "(2) in accord. ance with such authority as may be delegated by the President pursuant to Executive order, chair such agency and interagency meetings as may be necessary to coordinate actions on pending 188ues to ensure proper policy coordination;".

Sec. 162(kX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 409), provided:

"(2) Nothing in the amendments made by paragraph (1) assects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Com munications Commission, or any officer thereof.".

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