§ 2697. — Acceptance of gifts on behalf of United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2697]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2697. Acceptance of gifts on behalf of United States
(a) Unconditional and conditional gifts
The Secretary of State may accept on behalf of the United States
gifts made unconditionally by will or otherwise for the benefit of the
Department of State (including the Foreign Service) or for the carrying
out of any of its functions. Conditional gifts may be so accepted at the
discretion of the Secretary, and the principal of and income from any
such conditional gift shall be held, invested, reinvested, and used in
accordance with its conditions, except that no gift shall be accepted
which is conditioned upon any expenditure which will not be met by the
gift or the income from the gift unless such expenditure has been
approved by Act of Congress.
(b) Disposition
Any unconditional gift of money accepted under subsection (a) of
this section, the income from any gift property held under subsection
(c) or (d) of this section (except income made available for expenditure
under subsection (d)(2) of this section), the net proceeds from the
liquidation of gift property under subsection (c) or (d) of this
section, and the proceeds of insurance on any gift property which are
not used for its restoration, shall be deposited in the Treasury of the
United States. Such funds are hereby appropriated and shall be held in
trust by the Secretary of the Treasury for the benefit of the Department
of State (including the Foreign Service). The Secretary of the Treasury
may invest and reinvest such funds in interest-bearing obligations of
the United States or in obligations guaranteed as to both principal and
interest by the United States. Such funds and the income from such
investments shall be available for expenditure in the operation of the
Department of State (including the Foreign Service) and the performance
of its functions, subject to the same examination and audit as is
provided for appropriations made for the Foreign Service by the
Congress, but shall not be expended for representational purposes at
United States missions except in accordance with the conditions that
apply to appropriated funds.
(c) Evidences of unconditional gift of intangible personal property
The evidences of any unconditional gift of intangible personal
property (other than money) accepted under subsection (a) of this
section, shall be deposited with the Secretary of the Treasury who may
hold or liquidate them, except that they shall be liquidated upon the
request of the Secretary of State whenever necessary to meet payments
required in the operation of the Department of State (including the
Foreign Service) or the performance of its functions.
(d) Use of real property or tangible personal property received
unconditionally
(1) The Secretary of State shall hold any real property or any
tangible personal property accepted unconditionally pursuant to
subsection (a) of this section and shall either use such property for
the operation of the Department of State (including the Foreign Service)
and the performance of its functions or lease or hire such property,
except that any such property not required for the operation of the
Department of State (including the Foreign Service) or the performance
of its functions may be liquidated by the Secretary of State whenever in
the judgment of the Secretary of State the purposes of the gift will be
served thereby. The Secretary of State may insure any property held
under this subsection. Except as provided in paragraph (2), the
Secretary shall deposit the income from any property held under this
subsection with the Secretary of the Treasury as provided in subsection
(b) of this section.
(2) The income from any real property or tangible personal property
held under this subsection shall be available for expenditure at the
discretion of the Secretary of State for the maintenance, preservation,
or repair and insurance of such property and any proceeds from insurance
may be used to restore the property insured.
(e) Taxation
For the purpose of Federal income, estate, and gift taxes, any gift,
devise, or bequest accepted under this section shall be deemed to be a
gift, devise, or bequest to and for the use of the United States.
(f) Availability of statutory authorities to Broadcasting Board and
Administrator of AID
The authorities available to the Secretary of State under this
section with respect to the Department of State shall be available to
the Broadcasting Board of Governors and the Administrator of the Agency
for International Development with respect to the Board and the Agency.
(Aug. 1, 1956, ch. 841, title I, Sec. 25, as added Pub. L. 96-465, title
II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2153; renumbered title I and
amended Pub. L. 97-241, title II, Sec. 202(a), title III, Sec. 303(b),
Aug. 24, 1982, 96 Stat. 282, 291; Pub. L. 100-204, title I, Sec. 125,
Dec. 22, 1987, 101 Stat. 1341; Pub. L. 105-277, div. G, subdiv. A, title
XIII, Sec. 1335(l)(2), title XIV, Sec. 1422(b)(3)(A), Oct. 21, 1998, 112
Stat. 2681-789, 2681-792.)
Amendments
1998--Subsec. (f). Pub. L. 105-277, Sec. 1422(b)(3)(A), substituted
``Administrator of the Agency for International Development'' for
``Director of the United States International Development Cooperation
Agency''.
Pub. L. 105-277, Sec. 1335(l)(2), substituted ``Broadcasting Board
of Governors'' for ``Director of the United States Information Agency''
and ``with respect to the Board and the Agency'' for ``with respect to
their respective agencies''.
1987--Subsec. (b). Pub. L. 100-204 inserted ``, but shall not be
expended for representational purposes at United States missions except
in accordance with the conditions that apply to appropriated funds''
before period at end of last sentence.
Change of Name
``Director of the United States Information Agency'' substituted for
``Director of the International Communication Agency'' in subsec. (f),
pursuant to section 303(b) of Pub. L. 97-241, set out as a note under
section 1461 of this title.
Effective Date of 1998 Amendment
Amendment by section 1335(l)(2) of Pub. L. 105-277 effective Oct. 1,
1999, see section 1301 of Pub. L. 105-277, set out as an Effective Date
note under section 6531 of this title.
Amendment by section 1422(b)(3)(A) of Pub. L. 105-277 effective Apr.
1, 1999, see section 1401 of Pub. L. 105-277, set out as an Effective
Date note under section 6561 of this title.
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see
section 2403 of Pub. L. 96-465, set out as a note under section 3901 of
this title.
Official Residence of Secretary of State
Section 132 of Pub. L. 100-204 provided that: ``The Department of
State shall not solicit or receive funds for the construction, purchase,
lease or rental of, nor any gift or bequest of real property or any
other property for the purpose of providing living quarters for the
Secretary of State.''
Pub. L. 99-93, title I, Sec. 130, Aug. 16, 1985, 99 Stat. 420,
provided that:
``(a) Congressional Review.--It is the sense of the Congress that
the United States should not accept a gift of any house or other place
of residence for the purpose of providing an official residence for the
Secretary of State unless the Congress has had an opportunity to review
the proposed gift.
``(b) Study and Report.--The Secretary of State shall conduct a
study of any offer of a gift for the purpose of providing a place of
official residence for the Secretary of State. Such study shall include
an examination of the costs to the United States associated with
accepting such gift, including the costs of acquisition, maintenance,
security, and daily operation of a residence. The Secretary shall report
the results of any study conducted under this section to the Committee
on Foreign Affairs [now Committee on International Relations] and the
Committee on Public Works and Transportation [now Committee on
Transportation and Infrastructure] of the House of Representatives and
to the Committee on Foreign Relations and the Committee on Environment
and Public Works of the Senate.''
Section Referred to in Other Sections
This section is referred to in sections 2056, 2715c of this title;
title 26 sections 170, 2055.
