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SPECIAL AGENTS Sec. 37.92 (a) GENERAL AUTHORITY.—Under such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may

(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) 93 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) 93 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 sec

tion 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) 94 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.

92 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Sec. 139(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed subsec.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 “TRANSMISSION 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 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.".

ss 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).

94 Sec. 113(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 22), restated par. (5).

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(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 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 pro tective 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.

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EXPENSES RELATING TO PARTICIPATION IN ARBITRATIONS OF CERTAIN

DISPUTES

SEC. 38.95 (a) INTERNATIONAL AGREEMENTS.—The Secretary of Ştate 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) 96 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) 96 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

95 22 U.S.C. 2710. This sec., comprising subsecs. (a) and (b), was added by sec. 128 of Public Law 99-93 (99 Stat. 419).

96 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).

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 section 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. 39.97 (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. 40.98 (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.

97 22 U.S.C. 2711. Sec. 39 was added by sec. 504(2) of Public Law 99-399 (100 Stat. 871). 98 22 U.S.C. 2712. Sec. 40 was added by sec. 506(2) of Public Law 99-399 (100 Stat. 872).

(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 serv. ices subject to the controls.

(c) PERSONS SUBJECT OF CONTROLS.—These services may be controlled under subsection (a) when they are provided within the United States by any individual or entity and when they are provided anywhere in the world by a United States person.

(d) LICENSES.-In carrying out subsection (a), the Secretary of State may require licenses, which may be revoked, suspended, or amended, without prior notice, whenever such action is deemed to be advisable. (e) DEFINITIONS.—

(1) DESIGNATED FOREIGN GOVERNMENT.—As used in this section, the term "designated foreign government' means a foreign government that the Secretary of State has determined, for purposes of section 60)(1) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.

(2) SECURITY FORCES.—As used in this section, the term "security forces" means any military or paramilitary forces, any police or other law enforcement agency (including any police or other law enforcement agency at the regional or local level), and any intelligence agency of a foreign government.

(3) UNITED STATES.—As used in this section, the term “United States" includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

(4) UNITED STATES PERSON.—As used in this section, the term “United States person” means any United States national, any permanent resident alien, and any sole proprietorship, partnership, company, association, or corporation organized under the laws of or having its principal place of business within the

United States. (f) VIOLATIONS.—

(1) PENALTIES.—Whoever willfully violates any regulation issued under this section shall be fined not more than $100,000 or five times the total compensation received for the conduct which constitutes the violation, whichever is greater, or imprisoned for not more than ten years, or both, for each such offense.

(2) INVESTIGATIONS.—The Attorney General and the Secretary of the Treasury shall have authority to investigate viola

tions of regulations issued under this section. (g) CONGRESSIONAL OVERSIGHT.

(1) REVIEW OF REGULATIONS.—Not less than 30 days before issuing any regulations under this section (including any amendment thereto), the Secretary of State shall transmit the proposed regulations to the Congress.

(2) REPORTS.-Not less than once every six months, the Secretary of State shall report to the Congress concerning the number and character of licenses granted and denied during the previous reporting period, and such other information as the Secretary may find to be relevant to the accomplishment of

the objectives of this section. (h) RELATIONSHIP TO OTHER LAWS. The authority granted by this section is in addition to the authorities granted by any other provision of law.

PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS OF RECEPTION

AREAS OF THE DEPARTMENT OF STATE BUILDING

SEC. 41.99 (a) IN GENERAL.- The Secretary of State shall administer the historic and artistic articles of furniture, fixtures, and decorative objects of the reception areas of the Department of State by such means and measures as conform to the purposes of the reception areas, which include conserving those articles, fixtures, and objects and providing for their enjoyment in such manner and by such means as will leave them for the use of the American people. Nothing shall be done under this subsection which conflicts with the administration of the Department of State or with the use of the reception areas for official purposes of the United States Government. (b) DISPOSITION OF HISTORIC AND ARTISTIC ITEMS.—

(1) ITEMS COVERED.—Articles of furniture, fixtures, and decorative objects of the reception areas (and similar articles, fixtures, and objects acquired by the Secretary of State), when declared by the Secretary of State to be of historic or artistic interest, shall thereafter be considered to be the property of the Secretary in his or her official capacity and shall be subject to disposition solely in accordance with this subsection.

(2) SALE OR TRADE.—Whenever the Secretary of State determines that

(A) any item covered by paragraph (1) is no longer needed for use or display in the reception areas, or

(B) in order to upgrade the reception areas, a better use

of that article would be its sale or exchange, the Secretary may, with the advice and concurrence of the Director of the National Gallery of Art, sell the item at fair market value or trade it, without regard to the requirements of the Federal Property and Administrative Services Act of 1949. The proceeds of any such sale may be credited to the unconditional gift account of the Department of State, and items obtained in trade shall be the property of the Secretary of State under this subsection.

(3) SMITHSONIAN INSTITUTION.—The Secretary of State may also lend items covered by paragraph (1), when not needed for use or display in the reception areas, to the Smithsonian Institution or a similar institution for care, repair, study, storage, or exhibition.

99 22 U.S.C. 2713. Sec. 41 was added by sec. 126(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1341).

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