Title 22 — Foreign Relations and IntercourseRelease 119-73not60
§2697 Acceptance of Gifts on Behalf of United States
Title 22 › Chapter 38— DEPARTMENT OF STATE › § 2697
Summary
The Secretary of State may accept gifts for the Department of State, including the Foreign Service. Gifts can be unconditional or, at the Secretary’s choice, conditional. Money gifts and most proceeds from gift property must go to the U.S. Treasury and are held in trust for the Department. The Treasury can invest them in U.S. government securities. Those funds may be used to run the Department, but they are audited like regular appropriations and generally cannot be used for representational expenses at U.S. missions except under the same rules that apply to appropriated money. If a conditional gift requires spending beyond what the gift or its income will cover, Congress must approve that extra spending by law. The Secretary of the Treasury holds documents for noncash gifts and may keep or sell them, and must sell them if the Secretary of State needs cash to operate. The Secretary of State keeps real or physical property for Department use, may rent it out, insure it, or sell it if not needed. Income from such property is usually deposited in the Treasury, but money from property can be spent to maintain, repair, insure, or restore it. For tax purposes, accepted gifts count as given to and for the United States. The same authorities also apply to the Broadcasting Board of Governors and the Administrator of the Agency for International Development for their agencies.
Full Legal Text
Title 22, §2697
Foreign Relations and Intercourse — Source: USLM XML via OLRC
(a)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)Any unconditional gift of money accepted under subsection (a), the income from any gift property held under subsection (c) or (d) (except income made available for expenditure under subsection (d)(2)), the net proceeds from the liquidation of gift property under subsection (c) or (d), 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)The evidences of any unconditional gift of intangible personal property (other than money) accepted under subsection (a), 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)(1)The Secretary of State shall hold any real property or any tangible personal property accepted unconditionally pursuant to subsection (a) 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).
(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)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1998—Subsec. (f). Pub. L. 105–277, § 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, § 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.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. “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 AmendmentAmendment 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 Pub. L. 100–204, title I, § 132, Dec. 22, 1987, 101 Stat. 1344, 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, § 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 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.”
Reference
Citations & Metadata
Citation
22 U.S.C. § 2697
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 5, 2026
Release point: 119-73not60