r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE wiki — defined terms

“nuclear explosive device” applies throughout its subchapter

the term “nuclear explosive device” has the meaning given that term in section 6305(4) of this title .

“CFE Treaty” applies throughout its subchapter

the term “CFE Treaty” means the Treaty on Conventional Armed Forces in Europe (signed at Paris, November 19, 1990 );

“conventional armaments and equipment limited by the CFE Treaty” applies throughout its subchapter

the term “conventional armaments and equipment limited by the CFE Treaty” has the same meaning as the term “conventional armaments and equipment limited by the Treaty” does under paragraph 1(J) of article II of the CFE Treaty;

“country of the Eastern Group of States Parties” applies throughout its subchapter

the term “country of the Eastern Group of States Parties” means a country that is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed the Treaty of Warsaw of 1955 or a successor state to such a country.

“NATO” applies throughout its subchapter

the term “NATO” means the North Atlantic Treaty Organization;

“NATO/CFE country” applies throughout its subchapter

the term “NATO/CFE country” means a member country of NATO that is a party to the CFE Treaty and is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed or acceded to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949 (the North Atlantic Treaty); and;

“business enterprise” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“direct investment” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“foreign” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“foreign direct investment in the United States” applies in that section

the term “foreign direct investment in the United States” means direct investment by foreign persons in any business enterprise that is a United States person.

“foreign person” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“international investment” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“United States” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“United States person” applies in that section

the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title ; and;

“agreement” applies in that section

the term “agreement” includes— (1) any agreement entered into between the Institute and the governing authorities on Taiwan or the instrumentality established by Taiwan; and (2) any agreement entered into between the Institute and an agency of the United States Government. (c) Congressional notification, review, and approval requirements and procedures Agreements and transactions made or to be made by or through the Institute shall be subject to the same congressional notification, review, and approval requirements and procedures as if such agreements and transactions were made by or through the agency of the United States Government on behalf of which the Institute is acting.

“laws of the United States” applies throughout its chapter

the term “laws of the United States” includes any statute, rule, regulation, ordinance, order, or judicial rule of decision of the United States or any political subdivision thereof; and;

“Taiwan” applies throughout its chapter

the term “Taiwan” includes, as the context may require, the islands of Taiwan and the Pescadores, the people on those islands, corporations and other entities and associations created or organized under the laws applied on those islands, and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979 , and any successor governing authorities (including political subdivisions, agencies, and instrumentalities thereof).

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means— (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on Armed Services of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives.

“cost” applies in that section

the term “cost”— (I) has the meaning given such term in section 661a(5) of title 2 ; (II) shall include the cost of modifying a loan authorized under subparagraph (A); and (III) may include the costs of selling, reducing, or cancelling any amounts owed to the United States or to any agency of the United States. (ii) In general Amounts authorized to be appropriated pursuant to subsection (g) may be made available to pay for the cost of loans authorized under subparagraph (A).

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Qualified research entity

“qualified research entity” applies in that section

The term “qualified research entity” means an entity that— (A) is a nonpartisan research organization or a Federally funded research and development center; (B) has appropriate expertise and analytical capability to write the report required under subsection (c); and (C) is free from any financial, commercial, or other entanglements, which could undermine the independence of such report or create a conflict of interest or the appearance of a conflict of interest, with— (i) the Government of the People’s Republic of China; (ii) the Chinese Communist Party; (iii) any company incorporated in the People’s Republic of China or a subsidiary of such company; or (iv) any company or entity …

“United States person” applies in that section

The term “United States person” means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. (b) China Censorship Monitor and Action Group (1) In general The President shall establish an interagency task force, which shall be known as the “China Censorship Monitor and Action Group” (referred to in this subsection as the “Task Force”).

“agency head” applies throughout its subchapter

The term “agency head” means, in the case of the executive branch of United States Government or a legislative branch agency described in paragraph (2), the head of the respective agency. (2) Agency of the United States Government

“agency of the United States Government” applies throughout its subchapter

The term “agency of the United States Government” includes the Government Accountability Office, the Congressional Budget Office, and the Congressional Research Service of the legislative branch, as well as any agency of the executive branch. (3) Appropriate committees of Congress

“appropriate committees of Congress” applies throughout its subchapter

The term “appropriate committees of Congress” means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (4) Detailee

“detailee” applies throughout its subchapter

The term “detailee” means— (A) an employee of an agency of the United States Government on loan to the American Institute in Taiwan, without a change of position from the agency at which the employee is employed; and (B) a legislative branch employee from the Government Accountability Office, Congressional Budget Office, or the Congressional Research Service. (5) Implementing partner

“implementing partner” applies throughout its subchapter

The term “implementing partner” means any United States organization described in section 501(c)(3) of title 26 that— (A) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan in support of the Taiwan Fellowship Program; and (B) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program. (6) Program

“Program” applies throughout its subchapter

The term “Program” means the Taiwan Fellowship Program established pursuant to section 3384 of this title .

“Multinational Force and Observers” applies throughout its subchapter

the term “Multinational Force and Observers” means the Multinational Force and Observers established in accordance with the Protocol between Egypt and Israel signed on August 3, 1981 , relating to the implementation of the security arrangements of the Treaty of Peace; and;

“Treaty of Peace” applies throughout its subchapter

the term “Treaty of Peace” means the Treaty of Peace between the Arab Republic of Egypt and the State of Israel signed on March 26, 1979 , including the Annexes thereto.

“Canal Transfer Date” applies throughout its chapter

The term “Canal Transfer Date” means December 31, 1999 , such date being the date specified in the Panama Canal Treaty of 1977 for the transfer of the Panama Canal from the United States of America to the Republic of Panama.;

“Panama Canal Authority” applies throughout its chapter

The term “Panama Canal Authority” means the entity created by the Republic of Panama to succeed the Panama Canal Commission as of the Canal Transfer Date.

“agency” applies in that section

the term “agency” means an Executive agency, the United States Postal Service, and the Smithsonian Institution. (c) Regulations The Office of Personnel Management shall prescribe regulations to carry out the purposes of this section.

“employee” applies in that section

the term “employee” shall mean an employee of the Commission who has served in the Republic of Panama in a position with the Commission for a continuous period of at least three years immediately before the employee’s separation under an appointment without time limitation and who is covered under the Civil Service Retirement System or the Federal Employees’ Retirement System under subchapter III of chapter 83 or chapter 84, respectively, of title 5, other than— (A) an employee described in any of subparagraphs (A) through (F) of subsection (a)(2) of section 663; or (B) an employee of the Commission who, during the 24-month period preceding the date of separation, has received a recruitment …

“personnel action” applies in that section

the term “personnel action” means— (A) any appointment, promotion, assignment (including assignment to any position or salary class), award of performance pay or special differential, within-class salary increase, separation, or performance evaluation, and (B) any decision, recommendation, examination, or ranking provided for under this chapter which relates to any action referred to in subparagraph (A).

“veteran or disabled veteran” applies in that section

the term “veteran or disabled veteran” means an individual who is a preference eligible under subparagraph (A), (B), or (C) of section 2108(3) of title 5 . (d) Career and noncareer appointments (1) Members of the Service serving under career appointments are career members of the Service. Members of the Service serving under limited appointments are either career candidates or noncareer members of the Service. (2) Chiefs of mission, ambassadors at large, and ministers serve at the pleasure of the President. (3) An appointment as a Foreign Service officer is a career appointment.

“contribution” applies in that section

the term “contribution” has the same meaning given such term by section 30101(8) of title 52 , and

“immediate family” applies in that section

the term “immediate family” means the spouse of the nominee, and any child, parent, grandparent, brother, or sister of the nominee and the spouses of any of them.

“Foreign Service employee” applies in that section

the term “Foreign Service employee” means any member of the Service or United States representative to an international organization or commission; and (2) each of the terms “widow”, “widower”, “child”, and “parent” shall have the same meaning given each such term by section 8101 of title 5 .

“employee” applies in that section

the term “employee” means a person who— (1) is an “employee” as defined under section 2105 of title 5 ; and (2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Commission of the United States and Canada (established under Article VII of the treaty signed January 11, 1909 ) ( 36 Stat. 2448 ), except that the term shall not include members of the Service (as specified in section 3903 of this title ).

“global affairs bureau” applies in that section

the term “global affairs bureau” means any bureau of the Department that is under the responsibility of— (I) the Under Secretary for Economic Growth, Energy, and Environment; (II) the Under Secretary for Arms Control and International Security Affairs; (III) the Under Secretary for Management; (IV) the Assistant Secretary for International Organization Affairs; (V) the Under Secretary for Public Diplomacy and Public Affairs; or (VI) the Under Secretary for Civilian, Security, Democracy, and Human Rights; and;

“global affairs position” applies in that section

the term “global affairs position” means any position funded with amounts appropriated to the Department under the heading “Diplomatic Policy and Support”.

“gap memo” applies in that section

the term “gap memo” means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

“reasonable time” applies in that section

the term “reasonable time” means— (A) with respect to a member of the Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and (B) with respect to a member of the Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.

“United States person” applies in that section

the term “United States person” means— (A) any individual who is a citizen or national of the United States; or (B) any corporation, company, partnership, association, or other legal entity that is 50 percent or more beneficially owned by citizens or nationals of the United States. (f) Programs for Members of Congress or the Judiciary (1) The Secretary is authorized to provide, on a reimbursable basis, training programs to Members of Congress or the Judiciary. (2) Employees of the legislative branch and employees of the judicial branch may participate, on a reimbursable basis, in training programs offered by the institution.

“consular function” applies in that section

the term “consular function” includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.

“per diem allowance” applies in that section

the term “per diem allowance” has the meaning given such term in section 5701 of title 5 ; and;

“Washington, D.C., area” applies in that section

the term “Washington, D.C., area” means the geographic area within a 50-mile radius of the Washington Monument.

“affected special agent” applies in that section

the term “affected special agent” means an individual covered under this subchapter who— (aa) is performing service as a special agent; (bb) while on duty as a special agent, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section 4051 of this title ; (cc) because of the illness or injury described in item (bb), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Secretary; and (dd) is appointed to a position in the Foreign Service that is not a covered position; and;

“basic pay” applies throughout its subchapter

the term “basic pay” includes pay as provided in accordance with section 3972 of this title or section 5545(c)(2) of title 5 . (9) For purposes of any annuity computation under this subsection, the basic salary or basic pay of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary or pay that would have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability payments under section 5304 of title 5 that would have been payable to the member if the member’s official duty station had been Washington, D.C.

“covered position” applies in that section

the term “covered position” means a position as— (aa) a law enforcement officer described in section 8331(20) or 8401(17) of title 5; (bb) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5; (cc) a firefighter described in section 8331(21) or 8401(14) of title 5; (dd) an air traffic controller described in section 8331(30) or 8401(35) of title 5; (ee) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5; (ff) a member of the United States Capitol Police; (gg) a member of the Supreme Court Police; (hh) an employee of the Agency designated under section 2152(a) of title 50 ; or (ii) a special agent.

“creditable service” applies in that section

the term “creditable service” means service which is creditable under part I or II. (2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. (3) The annuity of a former spouse under this subsection commences on the later of the day the participant upon whose service the annuity is based becomes entitled to an annuity under this part or the first day of the month in which the divorce or annulment involved becomes final.

“creditable service” applies in that section

the term “creditable service” means service which is creditable under part I or II.

“annuity” applies in that section

the term “annuity” means the annuity earned by the reemployed member based on his or her service irrespective of whether or not the amount payable is reduced by the amount of an annuity payable under section 4054 or 4060(b) of this title. (4) Upon termination of the part-time, intermittent, or temporary employment referred to in paragraph (1), payment of the full annuity of an annuitant who has made an election under paragraph (1) of this subsection shall resume.

“benefits” applies in that section

the term “benefits” means— (1) with respect to a participant or former participant subject to this part, the annuity of the participant or former participant; and (2) with respect to a participant or former participant subject to part II, the benefits of the participant or former participant under that part. (e) Effect of section on annuity Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this subchapter.

“benefits” applies in that section

the term “benefits” means— (1) with respect to a participant or former participant subject to this part, the annuity of the participant or former participant; and (2) with respect to a participant or former participant subject to part II, the benefits of the participant or former participant under that part. (e) Effect of section on annuity Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this subchapter.

“health benefits plan” applies in that section

the term “health benefits plan” means an approved health benefits plan under chapter 89 of title 5. (f) Former spouses of United States Information Agency and Agency for International Development employees Any individual who on February 14, 1981 , was an otherwise qualified former spouse pursuant to subsections (a), (b), and (c) of this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency for International Development, shall be entitled to benefits under this section if— (1) the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate …

“health benefits plan” applies in that section

the term “health benefits plan” means an approved health benefits plan under chapter 89 of title 5.

“qualified former wife or husband” applies in that section

the term “qualified former wife or husband” means a former wife or husband of an individual if— (1) such individual performed at least 18 months of civilian service creditable under this subchapter; and (2) the former wife or husband was married to such individual for at least 9 months but not more than 10 years. (d) Promulgation of regulations Regulations issued pursuant to section 4067 of this title to implement this section shall be submitted to the Committee on Post Office and Civil Service and the Committee on Foreign Affairs of the House of Representatives and the Committee on Governmental Affairs and the Committee on Foreign Relations of the Senate.

“court order” applies throughout its part

the term “court order” has the same meaning given in section 4044(4) of this title ;

“Fund” applies throughout its part

the term “Fund” means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to section 4042 of this title ;

“further revised annuity participant” applies throughout its part

the term “further revised annuity participant” means any individual who— (A) on December 31, 2013 — (i) is not a participant; (ii) is not performing service which is creditable service under section 4071c of this title ; and (iii) has less than 5 years creditable service under section 4071c of this title ; and (B) after December 31, 2013 , becomes a participant performing service which is creditable service under section 4071c of this title ;

“lump-sum credit” applies throughout its part

the term “lump-sum credit” means the unrefunded amount consisting of— (A) retirement deductions made from the basic pay of a participant under section 4071e of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983); (B) amounts deposited by a participant under section 4071c of this title to obtain credit under this System for prior civilian or military service; and (C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 4059 …

“normal cost” applies throughout its part

the term “normal cost” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;

“participant” applies throughout its part

the term “participant” means a person who participates in the Foreign Service Pension System; (6) the term “pro rata share” in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this subchapter is of (B) the total number of years of such service, disregarding extra credit under section 4057 of this title ;

“revised annuity participant” applies throughout its part

the term “revised annuity participant” means any individual who— (A) on December 31, 2012 — (i) is not a participant; (ii) is not performing service which is creditable service under section 4071c of this title ; and (iii) has less than 5 years creditable service under section 4071c of this title ; and (B) after December 31, 2012 , and before January 1, 2014 , becomes a participant performing service which is creditable service under section 4071c of this title ;

“special agent” applies throughout its part

the term “special agent” has the same meaning given in section 4044(15) of this title .

“supplemental liability” applies throughout its part

the term “supplemental liability” means the estimated excess of— (A) the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over (B) the sum of— (i) the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to section 4071e of this title and (II) contributions for past civilian and military service; (ii) the actuarial present value of future contributions to be made pursuant to section 4071f of this title ; (iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable— (I) to the …

“System” applies throughout its part

the term “System” means the Foreign Service Pension System; and;

“assumed FSRDS annuity” applies in that section

the term “assumed FSRDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under part I based on the service of the deceased annuitant determined under section 8442(f)(5) of such title 5. (c) Annuity supplement A participant who is entitled to an immediate annuity under subsection (b) shall be entitled to receive an annuity supplement while the annuitant is under 62 years of age. The annuity supplement shall be based on the total creditable service of the annuitant and shall be computed in accordance with sections 8421(b) and 8421a of title 5 as if the participant were a law enforcement officer retired under section 8412(d) 1 of such title.

“domestic animal” applies in that section

the term “domestic animal” means a dog or a cat.

“agency” applies in that section

the term “agency” means an Executive agency (as that term is defined in section 105 of title 5 ), but does not include the Government Accountability Office;

“combat zone” applies in that section

the term “combat zone” means a geographic area designated by an Executive order of the President as an area in which the Armed Forces are engaging or have engaged in combat, an area designated by law to be treated as a combat zone, or a location the Department of Defense has certified for combat zone tax benefits due to its direct support of military operations;

“employee” applies in that section

the term “employee” means an officer or an individual who is— (A) appointed in the civil service, the Foreign Service, or any appointment authority other than the uniformed services (as that term is defined in section 101 of title 37 ), by one of the following acting in an official capacity: (i) The President. (ii) A Member or Members of Congress, or Congress. (iii) An individual who is an employee under this section.

“high risk, high threat post” applies in that section

the term “high risk, high threat post” has the meaning given that term in section 4803 of this title ; and;

“leave year” applies in that section

the term “leave year” means the period beginning on the first day of the first complete pay period in a calendar year and ending on the day immediately before the first day of the first complete pay period in the following calendar year. (b) Leave for rest and recuperation The Secretary or other head of an agency may prescribe regulations to grant up to 20 days of paid leave, per leave year, for the purposes of rest and recuperation to an employee of the agency serving in a combat zone, any other high risk, high threat post, or any other location presenting significant security or operational challenges.

“agency” applies in that section

the term “agency” means an Executive agency (as that term is defined in section 105 of title 5 ), but does not include the Government Accountability Office.;

“employee” applies in that section

the term “employee” means an officer or an individual who is— (A) appointed in the civil service, the Foreign Service, or any appointment authority other than the uniformed services (as that term is defined in section 101 of title 37 ), by one of the following acting in an official capacity: (i) The President. (ii) A Member or Members of Congress, or Congress. (iii) An individual who is an employee under this section.

“leave year” applies in that section

the term “leave year” means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year. (b) Leave for overseas operations The Secretary or other head of an agency may prescribe regulations to grant up to 10 days of paid leave, per leave year, to an employee of the agency serving abroad for the purpose of local holidays. (c) Discretionary authority of the Secretary or other agency head Use of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned.

“covered license” applies in that section

the term “covered license” means a professional license or certificate— (1) that is in good standing with the licensing authority that issued such professional license or certificate; (2) that the member of the Foreign Service or spouse of a member of the Foreign Service has actively used during the two years immediately preceding the relocation described in subsection (a); and (3) that is not a license to practice law.

“grievance” applies throughout its subchapter

the term “grievance” means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who is a citizen of the United States (other than a United States citizen employed under section 3951 of this title who is not a family member) of a right or benefit authorized by law or regulation or which is otherwise a source of concern or dissatisfaction to the member, including— (A) separation of the member allegedly contrary to laws or regulations, or predicated upon alleged inaccuracy, omission, error, or falsely prejudicial character of information in any part of the official personnel record of the member; (B) other alleged …

“aggrieved party” applies in that section

the term “aggrieved party” means a grievant. (2) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 4131(a)(1)(H) of this title , judicial review of whether the act, omission, or condition that is the basis of the grievance violates such law, rule, regulation, or policy directive may be obtained by an aggrieved party only if such party commences a civil action, not later than 90 days after such party receives notice of the final action of the Secretary or the Board, in an appropriate district court of the United States for de novo review.

“family” applies in that section

the terms “members of a mission” and “family” have the same meanings as is ascribed to them by paragraphs (1) and (2) of section 254a of this title .

“head of a foreign mission” applies in that section

the term “head of a foreign mission” has the same meaning as is ascribed to the term “head of a mission” in Article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227); and;

“members of a mission” applies in that section

the terms “members of a mission” and “family” have the same meanings as is ascribed to them by paragraphs (1) and (2) of section 254a of this title .

“serious criminal offense” applies in that section

the term “serious criminal offense” means— (A) any felony under Federal, State, or local law; (B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year; (C) any crime of violence as defined for purposes of section 16 of title 18 ; or (D) (i) driving under the influence of alcohol or drugs; (ii) reckless driving; or (iii) driving while intoxicated.

“foreign country” applies in that section

the term “foreign country” means— (A) any country listed as a Communist country in section 2370(f) of this title ; (B) any country determined by the Secretary of State, for purposes of section 4605(j) 1 of title 50, to be a country which has repeatedly provided support for acts of international terrorism; and (C) any other country which engages in intelligence activities in the United States which are adverse to the national security interests of the United States.

“United Nations Headquarters District” applies in that 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.

“foreign mission” applies in that section

the term “foreign mission” includes any international organization as defined in section 4309(b) of this title ; and;

“unaffiliated alien” applies in that section

the term “unaffiliated alien” means, with respect to a foreign country, an alien who— (A) is admitted to the United States as a nonimmigrant, and (B) is not a member, or a family member of a member, of a foreign mission of that foreign country.

“generally applicable restrictions” applies in that section

the term “generally applicable restrictions” means any limitations on the radius within which unrestricted travel is permitted and obtaining travel services through the auspices of the Office of Foreign Missions for travel elsewhere, and does not include any restrictions which unconditionally prohibit the members of missions of the Soviet Union in the United States from traveling to designated areas of the United States and which are applied as a result of particular factors in relations between the United States and the Soviet Union. 1;

“international organization” applies in that section

the term “international organization” means an organization described in section 4309(b)(1) of this title ; and;

“personnel” applies in that section

the term “personnel” includes— (A) officers, employees, and any other staff member, and (B) any individual who is retained under contract or other arrangement to serve functions similar to those of an officer, employee, or other staff member.

“charitable contribution” applies throughout its chapter

The term “charitable contribution” means a contribution or gift as defined in section 170(c) of title 26 , or other similar contribution or gift to a bona fide charitable foreign entity as determined pursuant to regulations or policies issued pursuant to section 4343 of this title .;

“chief of mission” applies throughout its chapter

The term “chief of mission” has the meaning given such term by section 3902(3) of this title .;

“contractor” applies throughout its chapter

The term “contractor” means— (A) an individual employed by personal services contract pursuant to section 2669(c) of this title , section 2396(a)(3) of this title , or pursuant to other similar authority, including, in the case of an organization performing services under such authority, an individual involved in the performance of such services; and (B) such other individuals or firms providing goods or services by contract as are designated by regulations issued pursuant to section 4343 of this title ; but does not include a contractor with or under the supervision of an area military commander.;

“employee” applies throughout its chapter

The term “employee” means an individual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 3927 of this title ) and who is— (A) an employee as defined by section 2105 of title 5 ; (B) an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; (C) a member of a uniformed service who is not under the command of an area military commander; or (D) an expert or consultant as authorized pursuant to section 3109 of title 5 with the United States or any agency, department, or establishment thereof; but is not a national or permanent resident of the foreign country in which employed.;

“foreign country” applies throughout its chapter

The term “foreign country” means any country or territory, excluding the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, American Samoa, Guam, the Virgin Islands, and other territories or possessions of the United States.;

“personal property” applies throughout its chapter

The term “personal property” means any item of personal property, including automobiles, computers, boats, audio and video equipment, and any other items acquired for personal use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 4343 of this title .;

“profit” applies throughout its chapter

The term “profit” means any proceeds (including cash and other valuable consideration but not including amounts of such proceeds given as charitable contributions) for the sale, disposition, or assignment of personal property in excess of the basis for such property. For purposes of this chapter, basis shall include initial price, inland and overseas transportation costs (if not reimbursed by the United States Government), shipping insurance, taxes, customs fees, duties or other charges, and capital improvements, but shall not include insurance on an item while in use, or maintenance and related costs.

“Advisory Committee” applies throughout its chapter

the term “Advisory Committee” means the Advisory Committee on Historical Diplomatic Documentation for the Department of State;

“Historian” applies throughout its chapter

the term “Historian” means the Historian of the Department of State or any successor officer of the Department of State responsible for carrying out the functions of the Office of the Historian, Bureau of Public Affairs, of the Department of State, as in effect on October 28, 1991 ;

“originating agency” applies throughout its chapter

the term “originating agency” means, with respect to a record, the department, agency, or entity of the United States (or any officer or employee thereof of acting in his official capacity) that originates, develops, publishes, issues, or otherwise prepares that record or receives that record from outside the United States Government; and;

“record” applies throughout its chapter

the term “record” includes any written material (including any document, memorandum, correspondence, statistical data, book, or other papers), map, photograph, machine readable material, or other documentary material, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value in them, and such term does not include …

“Advisory Committee” applies throughout its chapter

the term “Advisory Committee” means the Advisory Committee for Studies of Eastern Europe and the Independent States of the Former Soviet Union established by section 4503(a) of this title .

“institution of higher education” applies throughout its chapter

the term “institution of higher education” has the same meaning given such term in section 1001 of title 20 ; and;

“institution of higher education” applies throughout its chapter

the term “institution of higher education” has the same meaning as given to such term by section 1001 of title 20 .

“Federal agency” applies throughout its subchapter

the term “Federal agency” includes any department or agency of the United States Government.

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) High risk, high threat post

“high risk, high threat post” applies in that section

The term “high risk, high threat post” means a United States diplomatic or consular post or other United States mission abroad, as determined by the Secretary, that, among other factors— (A) is located in a country— (i) with high to critical levels of political violence and terrorism; and (ii) the government of which lacks the ability or willingness to provide adequate security; and (B) has mission physical security platforms that fall below the Department of State’s established standards.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate.

“adequate competition” applies in that section

the term “adequate competition” means with respect to a construction or design project, the presence of three or more qualified bidders submitting responsive bids for that project;

“qualified United States joint venture person” applies in that section

the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture. (d) American minority contractors Not less than 10 percent of the amount appropriated pursuant to section 4851(a) of this title for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors.

“United States person” applies in that section

the term “United States person” means a person which— (A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws; (B) has its principal place of business in the United States; (C) has been incorporated or legally organized in the United States— (i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and (ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under …

“barrier to local competition” applies in that section

the term “barrier to local competition” means— (A) conditions of extreme currency volatility; (B) restrictions on repatriation of profits; (C) multiple exchange rates which significantly disadvantage United States firms; (D) government restrictions inhibiting the free convertibility of foreign exchange; or (E) conditions of extreme local political instability. (e) United States minority contractors Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States minority small business contractors.

“Foreign Service building” applies in that section

the term “Foreign Service building” means any building or grounds of the United States which is in a foreign country and is under the jurisdiction and control of the Secretary of State, including residences of United States personnel assigned overseas under the authority of the Ambassador; and;

“qualified United States joint venture person” applies in that section

the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture;

“United States person” applies in that section

the term “United States person” means a person which— (A) is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia; (B) has its principal place of business in the United States; (C) has been incorporated or legally organized in the United States for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c); (D) has performed within the United States or overseas security services similar in complexity to the contract being bid; (E) with respect to the contract under subsection (c), has achieved a total business volume …

“complex attack” applies in that section

The term “complex attack” has the meaning given such term by the North Atlantic Treaty Organization, as follows: “An attack conducted by multiple hostile elements which employ at least two distinct classes of weapon systems (i.e., indirect fire and direct fire, improvised explosive devices, and surface to air fire).”. (2) High risk, high threat post

“high risk, high threat post” applies in that section

The term “high risk, high threat post” has the meaning given such term in section 4803 of this title .

“intelligence community” applies in that section

the term “intelligence community” has the meaning given that term in 3003(4) of title 50.”.

“Board” applies throughout its subchapter

The term “Board” means the Board of Governors of the Federal Reserve System.

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Treasury. (2) Board

“East European country” applies throughout its chapter

the term “East European country” includes Albania, Bulgaria, the Czech and Slovak Federal Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, and states that were part of the former Socialist Federal Republic of Yugoslavia.

“credit union” applies in that section

the term “credit union” means a member-owned, nonprofit, cooperative depository institution— (A) which is formed to permit individuals in the field of membership specified in such institution’s charter to pool their savings, lend the savings to one another, and own the organization where they save, borrow, and obtain related financial services; and (B) whose members are united by a common bond and democratically operate the institution.

“credit union” applies in that section

the term “credit union” means a member-owned, nonprofit, cooperative depository institution— (A) which is formed to permit individuals in the field of membership specified in such institution’s charter to pool their savings, lend the savings to one another, and own the organization where they save, borrow, and obtain related financial services; and (B) whose members are united by a common bond and democratically operate the institution; and;

“federally insured depository institution” applies in that section

the term “federally insured depository institution” means— (A) any insured depository institution (as defined in section 1813(c)(2) of title 12 ); and (B) any insured credit union (as defined in section 1752(7) of title 12 ).

“State” applies in that section

the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

“Hong Kong” applies throughout its chapter

the term “Hong Kong” means, prior to July 1, 1997 , the British Dependent Territory of Hong Kong, and on and after July 1, 1997 , the Hong Kong Special Administrative Region of the People’s Republic of China;

“Joint Declaration” applies throughout its chapter

the term “Joint Declaration” means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984 ; and;

“laws of the United States” applies throughout its chapter

the term “laws of the United States” means provisions of law enacted by the Congress.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

“American Business Centers” applies in that section

the term “American Business Centers” includes the following: (1) Environmental business centers in those independent states that offer promising market possibilities for the export of United States environmental goods and services. To the maximum extent practicable, these environmental business centers should be established as a component of other centers. (2) Agribusiness centers that include the participation of private United States agribusinesses or agricultural cooperatives, private nonprofit organizations, State universities and land grant colleges, and financial institutions, that make appropriate contributions of equipment, materials, and personnel for the operation of such centers.

“Administrator” applies in that section

the term “Administrator” means the Administrator of the Agency for International Development; and;

“Board” applies in that section

the term “Board” means the Board of Directors of the Democracy Corps.

“security assistance funds” applies in that section

the term “security assistance funds” means funds made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2346 et seq.] (relating to the Economic Support Fund) or assistance under section 2763 of this title (relating to the “Foreign Military Financing Program”). (3) Exemption from certain restrictions Section 531(e) of the Foreign Assistance Act of 1961 [ 22 U.S.C.

“defense conversion and defense transition activities in the United States” applies in that section

the term “defense conversion and defense transition activities in the United States” means those United States Government funded programs whose primary purpose is to assist United States private sector defense workers, United States companies that manufacture or otherwise provide defense goods or services, or United States communities adversely affected by reductions in United States defense spending, such as programs funded through the Office of Economic Adjustment in the Department of Defense or through the Economic Development Administration.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means— (A) the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the House and the Senate, wherever the account, budget activity, or program is funded from appropriations made under the international affairs budget function (150); (B) the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives, wherever the account, budget activity, or program is funded from appropriations made under the national defense budget function (050); and (2) the committee to which the specified activities of …

“debt conversion” applies in that section

the term “debt conversion” means an agreement whereby a country’s government-to-government or commercial external debt burden is exchanged by the holder for local currencies, policy commitments, other assets, or other economic activities, or for an equity interest in an enterprise theretofore owned by the debtor government. (4) Local currencies In addition to other uses provided by law, and subject to agreement with the foreign government, local currencies generated by United States assistance programs may be made available to the Foundation.

“contractor” applies throughout its subchapter

the term “contractor” means a National Aeronautics and Space Administration contractor to the extent that the acquisition of space hardware, space technology, or space services from the independent states of the former Soviet Union may be relevant to the contractor’s responsibilities under the contract; and;

“designated congressional committees” applies throughout its subchapter

the term “designated congressional committees” means the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.

“permit” applies in that section

the term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required in the state of the former Soviet Union in which the project is being or is proposed to be carried out. (h) Effective date This section shall take effect six months after November 24, 2003 .

“agency or instrumentality of the Government of Cuba” applies in that section

the term “agency or instrumentality of the Government of Cuba” means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28 , with each reference in such section to “a foreign state” deemed to be a reference to “Cuba”. (3) Applicability of section This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 6007(a) of this title .

“assistance to Cuba” applies in that section

the term “assistance to Cuba”— (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba; (B) includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the …

“Cuban national” applies in that section

the term “Cuban national” means a national of Cuba, as the term “national” is defined in section 515.302 of title 31, Code of Federal Regulations, as of August 1, 1992 . (c) Restrictions on remittances to Cuba The President shall establish strict limits on remittances to Cuba by United States persons for the purpose of financing the travel of Cubans to the United States, in order to ensure that such remittances reflect only the reasonable costs associated with such travel, and are not used by the Government of Cuba as a means of gaining access to United States currency.

“United States” applies in that section

the term “United States” includes the territories and possessions of the United States and the customs waters of the United States (as defined in section 1401 of title 19 ; and;

“vessel” applies in that section

the term “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft;

“United States person” applies throughout its chapter

the term “United States person” means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.

“agency or instrumentality of a foreign state” applies throughout its chapter

The term “agency or instrumentality of a foreign state” has the meaning given that term in section 1603(b) of title 28 . (2) Appropriate congressional committees

“agency or instrumentality of the Government of Cuba” applies throughout its chapter

the term “agency or instrumentality of the Government of Cuba” means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28 , with each reference in such section to “a foreign state” deemed to be a reference to “Cuba”. (6) Democratically elected government in Cuba