(b) BUDGET ACT COMPLIANCE.-The authority contained in subsection (a) shall be exercised to such extent and in such amounts as are to be provided in an appropriation Act.

FEES RECEIVED FOR USE OF BLAIR HOUSE

SEC. 46.88 (a) USE OF FEES.-Notwithstanding any other provision of law,89 funds received by the Department of State in connection with the use of Blair House (including reimbursements and surcharges for services and goods provided and fees for use of Blair House facilities) may be credited to the appropriate appropriation account of the Department of State which is currently available. Such funds shall be available only for maintenance and other expenses of Blair House.

(b) COMPLIANCE WITH THE BUDGET ACT.-The authority of this section may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.

GRANTS FOR TRAINING AND EDUCATION IN INTERNATIONAL AFFAIRS

SEC. 47.90 The Secretary of State may make grants to postsecondary educations institutions or students for the purpose of increasing the level of knowledge and awareness of and interest in employment with the Foreign Service, consistent with section 105 of the Foreign service Act of 1980. To the extent possible, the Secretary shall give special emphasis to promoting such knowledge and awareness of, and interest in employment with, the Foreign Service among minority students. any grants awarded shall be made pursuant to regulations to be established by the Secretary of State, which shall provide for a limit on the size of any specific grant and, regarding any grant to individuals, shall ensure that no grant recipient receives an amount of grants from one or more Federal programs which in the aggregate would exceed the cost of his or her education, and shall require satisfactory educational progress by grantees as a condition of eligibility for continued receipt of grant funds.

CLOSING OF CONSULAR AND DIPLOMATIC POSTS ABROAD

SEC. 48.91 (a) PROHIBITED USES OF FUNDS.-Except as provided under subsection (d) or in accordance with the procedures under subsections (b) and (c) of this section

88 22 U.S.C. 2718. Sec. 119 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 26), redesignated sec. 46 as 47 and added a new sec. 46.

89 Sec. 123 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 659), struck out "for the fiscal years 1990 and 1991,".

90 22 U.S.C. 2719. Sec. 150 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 42), redesignated sec. 47 as sec. 48 and added a new sec. 47. Sec. 48 had read: "This Act may be cited as the State Department Basic Authorities Act of 1956.". Sec. 111 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138, 105 Stat. 654), struck out sec. 48 and restated text in the enacting clause.

91 22 U.S.C. 2651 note. A short title was originally added as sec. 33 by sec. 2201 of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2157). Subsequently, sec. 117 of Public Law 97241 (96 Stat. 279), sec. 124 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1025) and sec. 102 of Public Law 98-533 (98 Stat. 2708) redesignated it as secs. 34, 36, and 37, respectively. Sec. 125(a) of Public Law 99-93 (99 Stat. 405) redesignated this section as sec. 38, and sec. 128 of the same law again redesignated it as sec. 39. Sec. 504(1) of Public Law 99-399 redesignated it as sec. 41 and sec. 126 of the Foreign Relations Au

Continued

(1) no funds authorized to be appropriated to the Department of State shall be available to pay any expense related to the closing of any United States consular or diplomatic post abroad; and

(2) no funds authorized to be appropriated to the Department of State may be used to pay for any expense related to the Bureau of Administration of the Department of State (or to carrying out any of its functions) if any United States consular or diplomatic post is closed.

(b) POST CLOSING NOTIFICATION.-Not less than 45 days before the closing of any United States consular or diplomatic post abroad, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(c) REPROGRAMMING TREATMENT.-Amounts made available to pay any expense related to the closing of a consular or diplomatic post abroad shall be treated as a reprogramming of funds under section 34 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.

(d) EXCEPTIONS.-The provisions of this section do not apply with respect to

(1) any post closed because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or

(2) any post closed because there is a real and present threat to United States diplomatic or consular personnel in the city where the post is located, and a travel advisory warning against travel by United States citizens to that city has been issued by the Department of State.

(e) DEFINITION.-As used in this section, the term "consular or diplomatic post" does not include a post to which only personnel of agencies other than the Department of State are assigned.

IMPERMISSIBLE BASIS FOR DENIAL OF PASSPORTS

SEC. 49.92 A passport may not be denied issuance, revoked, restricted, or otherwise limited because of any speech, activity, belief, affiliation, or membership, within or outside the United States, which, if held or conducted within the United States, would be pro

thorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1341) redesignated it as sec. 42. Sec. 4603 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4287) redesignated it as sec. 43 and inserted a new sec. 42. Sec. 115(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 22), redesignated it as sec. 44 and added a new sec. 43. Sec. 117 of that Act further redesignated sec. 44 as sec. 45, and added a new sec. 44. Sec. 118 of that Act further redesignated sec. 45 as sec. 46, and added a new sec. 45. Sec. 119 of that Act further redesignated sec. 46 as sec. 47, and added a new sec. 46. Sec. 150 of that Act further redesignated sec. 47 as sec. 48, and added a new sec. 47. Sec. 111 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 654), finally struck out sec. 48, and made the short title part of the enacting clause.

The current sec. 48, relating to consular and diplomatic posts abroad, was added by sec. 112 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 654).

92 Sec. 113 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 655), added sec. 49.

tected by the first amendment to the Constitution of the United States.

INTERNATIONAL MEETINGS

SEC. 50.93 (a) AUTHORITY TO PAY EXPENSES.-If the United States Government hosts an international meeting or conference in the United States, the Secretary of State is authorized to pay all reasonable expenses of such meeting or conference. Such expenses may include rental of quarters (by contract or otherwise) and personal services.

(b) RETENTION OF REIMBURSEMENTS.-To the extent provided in an appropriation Act, transfers of funds or other reimbursements for payments under subsection (a) are authorized to be retained and credited to the appropriate appropriation account of the Department of State which is available.

DENIAL OF VISAS 94

SEC. 51.94 (a) REPORT TO CONGRESS.-The Secretary shall report, on a timely basis, to the appropriate committees of the Congress each time a consular post denies a visa on the grounds of terrorist activities or foreign policy. Such report shall set forth the name and nationality of each such person and a factual statement of the basis for such denial.

(b) LIMITATION.-Information contained in such report may be classified to the extent necessary and shall protect intelligence sources and methods.

(c) APPROPRIATE COMMITTEES.-For the purposes of this section. the term "appropriate committees of the Congress" means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.

TITLE II-AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS 95

DECLARATION OF FINDINGS AND POLICY

SEC. 201.96 (a) The Congress finds that the operation in the United States of foreign missions and public international organi

93 Sec. 119 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 658), added sec. 50.

9+ Sec. 127(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 660), added sec. 51. See also sec. 128 of that Act, relating to visa lookout systems, page 25.

95 Title II was added by sec. 202(b) of Public Law 97-241 (96 Stat. 283), effective October 1, 1982.

Sec. 702 of the Intelligence Authorization Act, 1987 (Public Law 99-569; 100 Stat. 3204; 22 U.S.C. 287 note), provided:

"SOVIET MISSION AT THE UNITED NATIONS

"Sec. 702. (a)(1) It is the policy of the Congress that the number of nationals of the Soviet Union admitted to the United states to serve as members of the Soviet mission at the United Nations headquarters shall not substantially exceed the number of United States nationals who serve as members of the United States mission at the United Nations headquarters, unless the President determines that the admission to the United States of additional Soviet nationals to Continued

zations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction.

(b) The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law.

(c) The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission as well as matters relating to the protection of the interests of the United States. 97

DEFINITIONS

SEC. 202.98 (a) For purposes of this title

(1) "benefit" (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of

(A) real property by purchase, lease, exchange, construction, or otherwise,

serve as members of the Soviet mission at the United Nation headquarters would be in the interest of the United States.

"(2) Beginning six months after the date of enactment of this section, and every six months thereafter, the Secretary of State shall prepare and transmit to the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth the number of Soviet nationals admitted during the preceding six-month period to the United States pursuant to a determination of the President under paragraph (1) and their duties with the Soviet mission at the United Nations headquarters.

"(3) Nothing in this subsection may be construed as including any dependent or spouse is not a member of a mission at the United Nations headquarters in the calculation of the number of members of a mission at the United Nations headquarters.

"(b) It is the sense of the Congress that the Secretary of State and the Attorney General should, not later than six months after the date of enactment of this section, prepare and transmit to the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and to the Committee of Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth a plan for ensuring that the number of Soviet nationals described in paragraph (a)(1) does not exceed the limitation described in that paragraph.

"(c) For purposes of this section

"(1) the term 'members of the Soviet mission' and 'members of the United States mission' are used within the meaning of the term 'member of the mission', as defined by article 1(b) of the Vienna Convention on Diplomatic Relations, done April 18, 1961; and

"(2) the term 'mission at the United Nations headquarters' of a country includes all the missions of such country to the United Nations in New York City and includes missions in New York City to specialized agencies of the United Nations, as defined in article 57 of the charter of the United Nations.'

96 22 U.S.C. 4301. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 201, effective October 1, 1982.

97 Sec. 127(a) of Public Law 99-93 (99 Stat. 405) added the words "as well as matters relating to the protection of the interests of the United States".

98 22 U.S.C. 4302.

(B) public services, including services relating to customs, importation, and utilities, and the processing of applications or requests relating to public services,

(C) supplies, maintenance, and transportation,

(D) locally engaged staff on a temporary or regular basis, (E) travel and related services,

(F) protective services, and

(G) 99 financial and currency exchange services,

and includes such other benefits as the Secretary may designate;

(2) "chancery" means the principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes;

(3) "Director" means the Director of the Office of Foreign Missions established pursuant to section 203(a);

(4) 100 "foreign mission" means any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by

(A) a foreign government, or

(B) an organization (other than an international organization, as defined in section 209(b) of this title) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity,

including any real property of such a mission and including the personnel of such a mission;

(5) "real property" includes any right, title, or interest in or to, or the beneficial use of, any real property in the United States, including any office or other building;

(6) "Secretary" means the Secretary of State;

(7) "sending State" means the foreign government, territory, or political entity represented by a foreign mission; and

(8) "United States" means, when used in a geographic sense, the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(b) Determinations with respect to the meaning and applicability of the terms used in subsection (a) shall be committed to the discretion of the Secretary.

OFFICE OF FOREIGN MISSIONS

SEC. 203.101 (a) The Secretary shall establish an Office of Foreign Missions as an office within the Department of State. The Office

99 Subparagraph (G) was added by sec. 153(e) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1353).

100 Subsec. (4) was substantively amended and restated by sec. 701 of Public Law 99-569 (100 Stat. 3190).

101 22 U.S.C. 4303. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 203, effective October 1, 1982.