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(d) Contracts and subcontracts for supplies or services, including personal services, made by or on behalf of the Secretary 140 shall be made after advertising, in such manner and at such times as the Secretary shall determine to be adequate to ensure notice and opportunity for competition, except that advertisement shall not be required when (1) the Secretary determines that it is impracticable or will not permit timely performance to obtain bids by advertising, or (2) the aggregate amount involved in a purchase of supplies or procurement of services does not exceed $10,000. Such contracts and subcontracts may be entered into without regard to laws and regulations otherwise applicable to solicitation, negotiation, administration, and performance of government contracts. In awarding contracts, the Secretary may consider such factors as relative quality and availability of supplies or services and the compatibility of the supplies or services with implementation of this title.

(e) The head of any Federal agency may, for purposes of this title

(1) transfer or loan any property to, and perform administrative and technical support functions and services for the operations of, the Department of State 139 (with reimbursements to agencies under this paragraph to be credited to the current applicable appropriation of the agency concerned); and

(2) acquire and accept services from the Department of State, 139 including (whenever the Secretary determines it to be in furtherance of the purposes of this title) acquisitions without regard to laws normally applicable to the acquisition of sery

ices by such agency. (f) Assets of or under the control of the Department of State,139 wherever situated, which are used by or held for the use of a foreign mission shall not be subject to attachment, execution, injunction, or similar process, whether intermediate or final.

(g) Except as otherwise provided, any determination required under this title shall be committed to the discretion of the Secretary.

(h)(1) In order to implement this title, the Secretary may transfer to the working capital fund established by section 13 of this Act such amounts available to the Department of State as may be necessary.

(2) All revenues, including proceeds from gifts and donations, received by the 141 Secretary in carrying out this title may be credited to the working capital fund established by section 13 of this Act and shall be available for purposes of this title in accordance with that section.

(3) Only amounts transferred or credited to the working capital fund established by section 13 of this Act may be used in carrying out the functions of the Secretary or the Director under this title.

140 Sec. 162(0X6XA) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Slat. 409), struck out “Director" and inserted in lieu thereof "Secretary".

141 Soc. 162(0X6XC) of the Forcign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck out "Director or the" at this point.

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OFFICIAL MISSIONS TO SUCH ORGANIZATIONS SEC. 209.142 (a) The Secretary may make section 206, or any other provision of this title, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 201(b) and to further the objectives set forth in section 204(b).

(b) For purposes of this section, "international organization” means

(1) a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288-288f-2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and

(2) an official mission (other than a United States mission)

to such a public international organization,
including any real property of such an organization or mission and
including the personnel of such an organization or mission.

SEC. 209A. 143 (a) FINDINGS.-The Congress finds that-

(1) pursuant to the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (authorized by Public Law 80–357 (22 U.S.C. 287 note)), the United States has accepted

(A) the obligation to permit and to facilitate the right of individuals, who are employed by or are authorized by the United Nations to conduct official business in connection with that organization or its agencies, to enter into and exit from the United States for purposes of conducting official activities within the United Nations Headquarters District, subject to regulation as to points of entry and departure; and

(B) the implied obligation to permit and to facilitate the acquisition of facilities in order to conduct such activities within or in proximity to the United Nations Headquarters District, subject to reasonable regulation including regula

tion of the location and size of such facilities; and (2) taking into account paragraph (1) and consistent with the obligation of the United States to facilitate the functioning of the United Nations, the United States has no additional obligation to permit the conduct of any other activities, including nonofficial activities, by such individuals outside of the United Nations Headquarters District.

142 22 U.S.C. 4309. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 209, effective October 1, 1982.

14322 U.S.C. 4309a. Sec. 141 of Public Law 99-93 (99 Stat. 423) added sec. 209A.

(b) 144 ACTIVITES OF UNITED NATIONS EMPLOYEES.-1) The conduct of any activities, or the acquisition of any benefits (as defined in section 2011a (1) of this titie, outside the United Nations Headquarters District by any individual employed by, or authorized by the United Nations to conduct oñcial business in connection with that organization or its agencies, or by any person or agency acting on behalf thereof, may be permitted or denied or subject to reason. able regulation, as determined to be in the best interest of the United States and pursuant to this title. (c) REPORTS.-The Secretary shall report to the Congress

(1) not later than 30 days after the date of the enactment of this section, on the plans of the Secretary for implementing this section; and

(2) not later than 6 months thereafter, on the actions taken pursuant to those plans. ad UNITED STATES NATIONALS.-This section shall not apply with respect to any United States national.

(el DEFINITIONS. -For purposes of this section, the term "United Nations Headquarters District" means the area within the United States which is agreed to by the United Nations and the United States to constitute such a district, together with such other areas as the Secretary of State may approve from time to time in order to permit effective functioning of the United Nations or missions to the United Nations.

PRIVILEGES AND LMMUNITIES SEC. 210.145 Nothing in this title shall be construed to limit the authority of the United States to carry out its international obliga. tions, or to supersede or limit immunities otherwise available by law. No act or omission by any foreign mission, public international organization, or official mission to such an organization, in compliance with this title shall be deemed to be an implied waiver of any immunity otherwise provided for by law.

ENFORCEMENT SEC. 211.146 (a) It shall be unlawful for any person to make available any benefits to a foreign mission contrary to this title. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this title, including any action for injunctive or other equitable relief.

(b) Upon the request of any Federal agency, any State or local government agency, or any business or other person that proposes

144 Sec. 139(26) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399), repealed par. (2) of subsec. (b). It had provided: "2) The Secretary shall apply to those employees of the L'nited Nations Secretariat who are nationals of a foreign country or members of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this title to the members of that country's mission or of any other mission to the United Nations unless the Secretary determines and reports to the Congress that national security and foreign policy circumstanæs require that this paragraph be waived in spe. cific circumstances.".

146 22 U.S.C. 4310. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 210, effective October 1. 1982.

146 22 U.S.C. 4311. Sec. 202(b) of Public Law 97–241 (96 Stat. 283) added sec. 211, effective October 1, 1982

to enter into a contract or other transaction with a foreign mission, the Secretary shall advise whether the proposed transaction is prohibited by any regulation or determination of the Secretary under this title.

PRESIDENTIAL GUIDELINES SEC. 212.147 The authorities granted to the Secretary pursuant to the provisions of this title shall be exercised in accordance with procedures and guidelines approved by the President.

SEVERABILITY SEC. 213.148 If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of such provision to any other person or circumstance shall not be affected thereby.

EXTRAORDINARY PROTECTIVE SERVICES SEC. 214.149 (a) GENERAL AUTHORITY.-The Secretary may provide extraordinary protective services for foreign missions directly, by contract, or through State or local authority to the extent deemed necessary by the Secretary in carrying out this title, except that the Secretary may not provide under this section any protective services for which authority exists to provide such services under sections 202(7) and 208 of title 3, United States Code.

(b) REQUIREMENT OF EXTRAORDINARY CIRCUMSTANCES.—The Secretary may provide funds to a State or local authority for protective services under this section only if the Secretary has determined that a threat of violence, or other circumstances, exists which requires extraordinary security measures which exceed those which local law enforcement agencies can reasonably be expected to take.

(d) RESTRICTIONS ON USE OF FUNDS.–Of the funds made available for obligation under this section in any fiscal year

that the Secretary by the Secretar or local author

14722 U.S.C. 4312. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 212, effective October 1, 1982.

148 22 U.S.C. 4313. Sec. 202(b) of Public Law 97–241 (96 Stat. 283) added sec. 213, effective October 1, 1982.

149 22 U.S.C. 4314. Sec. 214 was added by sec. 126(a) of Public Law 99-93 (99 Stat. 417), effective October 1, 1985. See also “Department of State Guidelines on Protection of Foreign Missions", 22 CFR Chapter I, part 2a (52 F.R. 12155; April 15, 1987).

The Secretary of State delegated functions authorized under this section to the Assistant Secretary for Diplomatic Security (Department of State Public Notice 2086; sec. 8 of Delegation of Authority No. 214; 59 F.R. 50790).

The Department of State and Related Agencies Appropriations Act, 1995 (Public Law 103317; 108 Stat. 1761), provided the following:

"PROTECTION OF FOREIGN MISSIONS AND OFFICIALS "For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $9,579,000: Provided, That none of the funds appropriated in this paragraph shall be available to carry out section 101(bX4XA) of Public Law 103-236: Provided further, That of the funds appropriated in this paragraph, not to exceed $500,000 shall be available to carry out section 101(bX4XB) of Public Law 103-236.".

Sec. 139(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed subsec. (c) of this section, which had provided: "(c) CONSULTATION WITH CONGRESS BEFORE OBLIGATION OF FUNDS.-Funds may be obligated under this section only after regulations to implement this section have been issued by the Secretary aller consultation with appropriate committees of the Congress.".

and, in the case of Presidential records, by section 2204 of such



MARIES. (a) DEVELOPMENT OF PROCEDURES.-Not later than 180 days after the date of enactment of this title, each department, agency, or other entity of the Cnited States Government engaged in foreign policy formulation execution, or support shall develop procedures for its historical office (or a designated individual in the event that there is no historical office)

(1) to coordinate with the State Department's Office of the Historian in selecting records for possible inclusion in the FRIS series,

(2) to permit full access to the original, unrevised records by guch individuals holding appropriate security clearances as have been designated by the Historian as liaison to that department, agency, or entity, for purposes of this title, and by members of the Advisory Committee; and

(3) to permit access to specific types of records not selected for inclusion in the FRUS series by the individuals identified in paragraph (2) when requested by the Historian in order to confirm that records selected by that department, agency, or entity accurately represent the policymaking process reflected

in the relevant part of the FRUS series. (b) DECLASSIFICATION REVIEW.

(1) Subject to the provisions of this subsection, records selected by the Historian for inclusion in the FRUS series shall be submitted to the respective originating agency for declassification review in accordance with that agency's procedures for such review, except that such declassification review shall be completed by the originating agency within 120 days after such records are submitted for review. If the originating agency determines that any such record is not declassifiable because of a continuing need to protect sources and methods for the collection of intelligence information or to protect other sensitive national security information, then the originating agency shall attempt to make such deletions in the text as will make the record declassifiable.

(2) If the Historian determines that the meaning of the records proposed for inclusion in a volume of the FRUS series would be so altered or changed by deletions made under paragraph (1) that publication in that condition could be misleading or lead to an inaccurate or incomplete historical record, then the Historian shall take steps to achieve a satisfactory resolutien of the problem with the originating agency. Within 60 days of receiving a proposed solution from the Historian, the originating agency shall furnish the Historian a written respense agreeing to the solution or explaining the reasons for the alteration or deletion,

13! The Historian shall inform the Advisory Committee of any failure by an originating agency to complete its declas

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