Sec. 259. Provision of benefits
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Upon the request of a foreign mission in the United States, benefits may be provided to or for that foreign mission by or through the Assistant Secretary for Asset Management on such terms and conditions as the Secretary may approve. If the Assistant Secretary for Asset Management determines that such action is reasonably necessary on the basis of reciprocity or otherwise— to facilitate relations between the United States and a sending State, to protect the interests of the United States, to adjust for costs and procedures of obtaining benefits for missions of the United States abroad, to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, or subject to subsection (f), to implement an exchange of property between the Government of the United States and the government of a foreign country, such property to be used by each government in the respective receiving state for, or in connection with, diplomatic or consular establishments, then the Assistant Secretary may require a foreign mission to take one or more of the actions described in paragraph (2).
The actions described in this paragraph are— to obtain benefits from or through the Assistant Secretary on such terms and conditions as the Secretary may approve; or to forego the acceptance, use, or relations of any benefit or to comply with such terms and conditions as the Assistant Secretary may determine as a condition to the execution or performance in the United States of any contract or other agreement, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmental authority, or any entity providing public services).
The Assistant Secretary for Asset Management, in consultation with the Secretary, may establish terms and conditions under this section which may include— a requirement to pay to the Assistant Secretary a surcharge or fee, and a waiver by a foreign mission or any assignee of or person deriving rights from a foreign mission of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action determined by the Secretary to be undertaken in furtherance of this section.
For purposes of effectuating a waiver of recourse which is required under this section, the Assistant Secretary for Asset Management may designate any officer of the Department as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission).
Nothing in this title may be deemed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 3056 or 3056A of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service. The Assistant Secretary for Asset Management, in consultation with the Secretary, upon a determination in each specific case by the Assistant Secretary that the purpose of the Foreign Service Buildings Act, 1926, can best be met on the basis of an in-kind exchange of properties with a foreign country pursuant to subsection (b)(1)(E), may transfer funds made available under the heading ‘ ‘Acquisition and Maintenance of Buildings Abroad’ ’ (including funds held in the Foreign Service Buildings Fund) for such purpose to the Working Capital Fund, as provided in section 208(h)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 4308(h)(1) ).
Except for funds that may be provided by a foreign government for the purchase of property, only funds transferred under the preceding sentence may be used for the purposes of subsection (b)(1)(E). The Assistant Secretary may acquire property in the United States for the purposes of subsection (b)(1)(E) only in the context of a specific reciprocal agreement with a specified foreign government. Property acquired by the United States in the foreign country through such an exchange shall benefit the United States at least to the same extent as the property acquired in the United States benefits the foreign government.
The Assistant Secretary shall prescribe regulations for the implementation of any in-kind exchange of properties pursuant to subsection (b)(1)(E). At least 15 days before entering into any reciprocal agreement for the exchange of property with another foreign government, the Secretary, acting through the Assistant Secretary for Asset Management, shall notify the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Foreign Relations of the Senate of such proposed reciprocal agreement.
Proceeds from the disposition of properties acquired pursuant to this subsection shall be credited to the Foreign Service Buildings Fund (referred to in section 9 of the Foreign Service Buildings Act, 1926). The authority to spend such proceeds may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.
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Sec. 259
Provision of benefits
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